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HomeMy WebLinkAbout2000-04-05; Planning Commission; Resolution 4745r 0 0 L 1 /I PLANNING COMMISSION RESOLUTION NO. 4745 2 3 4 5 6 7 8 9 I A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING PLANNED UNIT DEVELOPMENT PERMIT PUD 99-07 TO SUBDIVIDE 8.24 ACRES INTO TEN LOTS AND DEVELOP NINE ONE- AND TWO-STORY OFFICE BUILDINGS ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF EL CAMINO REAL BETWEEN FARADAY AVENUE AND PALOMAR AIRPORT ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: CARLSBAD RESEARCH CENTER - LOT 12 CASE NO.: PUD 99-07 WHEREAS, DSK CARLSBAD PARTNERS, LLC, as “Owner” 2 10 11 “Developer”, has filed a verified application with the City of Carlsbad regarding prope 12 11 described as 13 14 15 Lot 12 of Carlsbad Tract No. 81-10 in the City of Carlsbad, County of San Diego, State of California, according to map No. 10330, filed in the Office of the County Recorder of San Diego County, February, 18,1982 16 17 2o Planning Department, CARLSBAD RESEARCH CENTER - LOT 12, PUD 99-07, l9 Development Permit as shown on Exhibits “A” - “K” dated April 5, 2000, on file in 18 WHEREAS, said verified application constitutes a request for a Planned U provided by Chapter 21.47 of the Carlsbad Municipal Code; and 21 22 (“the Property”); and WHEREAS, the Planning Commission did, on the 5th day of April, 2000, hol 23 Il duly noticed public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimc 25 and arguments, if any, of persons desiring to be heard, said Commission considered all fad 26 relating to the Planned Unit Development Permit. 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plann 28 Commission of the City of Carlsbad as follows: 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commissi based on the following findings and subject to the following conditions: APPROVES CARLSBAD RESEARCH CENTER - LOT 12, PUD 994 Findings: 1. That the granting of this permit will not adversely affect and will be consistent with 1 Municipal Code, the General Plan, applicable specific plans, master plans, and adopted plans of the City and other governmental agencies, in that the propos development is an allowed use and conforms to the development standards of 1 Carlsbad Research Center Specific Plan. The project is consistent with all Title and 21 regulations governing subdivisions and the design of non-residential plann development. 2. That the proposed use at the particular location is necessary and desirable to providl service or facility which will contribute to the long-term general well-being of neighborhood and the community, in that the proposed development will be located an existing industrial park with a campus-like setting. The project will compatible with the adjacent office uses and will provide opportunities 1 employment of local residents. 3. That such use will not be detrimental to the health, safety, or general welfare of persc residing or working in the vicinity, or injurious to property or improvements in vicinity, in that the project meets all applicable city standards and ordinances, public facilities and services exist, adequate access to the site will be provided frc Priestly Drive, and the site plan includes all necessary features to be compatible w surrounding development including setbacks, enhanced architecture, a landscaping. The office development, by its passive nature, will1 not pose a sa6 hazard to the occupants of the industrial zone. 4. That the proposed Planned Development meets all of the minimum developmc standards of the underlying zoning, the Carlsbad Research Center Specific P1: and the nonresidential planned development ordinance, in that adequate setbac and parking are provided and that the lots created by the subdivision I reasonable in size and configuration in that the lots accommodate the size a placement of the buildings proposed and allow for separate ownership of planr development lots. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approved fi map. l 1. If any of the following conditions fail to occur; or if they are, by their terms, to implemented and maintained over time, if any of such condit.ions fail to be implemented and maintained according to their terms, the City shall have the right revoke or modify all approvals herein granted; deny or further condition issuance of future building permits; deny, revoke or further condition all certificates of occupa~ PC RES0 NO. 4745 -2- e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 issued under the authority of approvals herein granted; institute and prosecute litigation compel their compliance with said conditions or seek damages for their violation. : vested rights are gained by Developer or a successor in interest by the City’s approval this Nonresidential Planned Development Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all correctic and modifications to the Nonresidential Planned Development Permit documents, necessary to make them internally consistent and in conformity with the final action the project. Development shall OCCLX substantially as shown on the approved Exhib Any proposed development different from this approval, shall require an amendment this approval. 3. This approval is granted subject to the approval of the Mitigated Negative Declaratj and Mitigation Monitoring and Reporting Program, CT 99-17, and SUP 99-06 an( subject to all conditions contained in Planning Commission Resolutions No. 471 4744, and 4746 for those other approvals. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fe dedications, reservations, or other exactions hereafter collectively referred to for convenience “fees/exactions.” You have 90 days from date of final approval to protest imposition of these feedexactions. you protest them, you must follow the protest procedure set forth in Goverrunent Code Secti 66020(a), and file the protest and any other required information with the City Manager processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timc follow that procedure will bar any subsequent legal action to attack, review, set aside, void, annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactic DOES NOT APPLY to water and sewer connection fees and capacity charges, nor plannil zoning, grading or other similar application processing or service fees in connection with tl project; NOR DOES IT APPLY to any feedexactions of which you have previously been giv a NOTICE similar to this, or as to which the statute of limitations has previously otherw expired. ... ... ... ~ ... I 11 PC RES0 NO. 4745 -3- a * 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the planni Commission of the City of Carlsbad, California, held on the 5th day of April, 2000, by 1 following vote, to wit: AYES: Chairperson Compas, Commissioners L’Heureux, Nielsen, Segal and Trigas NOES: ABSENT: Commissioners Heineman and Baker ABSTAIN: d& &*Vd WILLIAM COMPAS, Chairpersod CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 4745 -4-