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HomeMy WebLinkAbout2000-05-03; Planning Commission; Resolution 47681 2 3 4 5 6 7 8 0 0 PLANNING COMMISSION RESOLUTION NO. 4768 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING PLANNED UNIT DEVELOPMENT PERMIT PUD 99-09 TO SUBDIVIDE 7.35 ACRES INTO SIX LOTS AND DEVELOP FIVE TWO-STORY OFFICE BUILDINGS ON PROPERTY GENERALLY LOCATED NORTH OF PALOMAR AIRPORT ROAD AND WEST OF OWENS AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: CARLSBAD AIRPORT CENTER - LOT 10 CASE NO. : PUD 99-09 9 WHEREAS, Carlsbad Summit, LLC, a California limited liability cornpal 10 as “Owner” and “Developer,” has filed a verified application with the City of Carlsbad regardj 1 1 12 property described as 13 15 San Diego County, July 15,1985 14 (“the Property”); and 16 Lot 10 of Carlsbad Tract No. 81-46, Unit 1, in the City of Carlsbad, County of San Diego, State of California, according to map No. 11287, filed in the Office of the County Recorder of WHEREAS, said verified application constitutes a request for a Planned U 17 18 Development Permit as shown on Exhibits “A” - “T” dated May 3,2000, on file in the Plannj Department, CARLSBAD AIRPORT CENTER - LOT 10, PUD 99-09, as provided Chapter 21.47 of the Carlsbad Municipal Code; and 19 20 21 WHEREAS, the Planning Commission did, on the 3rd day of May, 2000 and 22 said request; and 23 the 17th day of May, 2000, hold a duly noticed public hearing as prescribed by law to consi 24 25 26 27 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plann WHEREAS, at said public hearing, upon hearing and considering all testimc and arguments, if any, of persons desiring to be heard, said Commission considered all fact relating to the Planned Unit Development Permit. 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 Commissi8 APPROVES CARLSBAD AIRPORT CENTER - LOT 10, PUD 99-09, bas on the following findings and subject to the following conditions: Findings: - 1. That the granting of this permit will not adversely affect and will be consistent with t 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 consistent with the General Plan, Planned Industrial zone, and is allowed use and conforms to the development standards of the Carlsbad Airpc Center Specific Plan. The project is consistent with all Title 20 and 21 regulatia governing subdivisions and the design of non-residential planned development. 2. That the proposed use at the particular location is necessary and desirable to providc service or facility which will contribute to the long-term general well-being of 1 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 i 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 1 vicinity, in that the project meets all applicable city standards and ordinances, a all public facilities and services exist. Adequate access to the site will be provid from Owens Avenue. The site plan includes all necessary features to be compatil with surrounding development including setbacks, enhanced architecture a landscaping. The office development, by its passive nature, will not pose a safc 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 Airport Center Specific Plan, a the nonresidential planned development ordinance, in that adequate setbacks a parking are provided and that the lots created by the subdivision are reasonable size and configuration in that the lots accommodate the size and placement of 1 buildings proposed and allow for separate ownership of planned development lots Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approved fi: map. 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 conditions fail to be implemented and maintained according to their terms, the City shall have the righl 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 issued under the authority of approvals herein granted; institute and prosecute litigatior PC RES0 NO. 4768 -2- 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 e 0 compel their compliance with said conditions or seek damages for their violation. 1 vested rights are gained by Developer or a successor in interest by the City’s approval this Non-residential Planned Development Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all correctia and modifications to the Non-residential Planned Development Permit documents, necessary to make them internally consistent and in conformity with the final action the project. Development shall occur substantially as shown on the approved Exhibj 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 Declarati and Mitigation Monitoring and Reporting Program, CT 99-20 and PIP 99-03 and subject to all conditions contained in Planning Commission Resolutions No. 4766 a 4768 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 Government 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 timl 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 t project; NOR DOES IT APPLY to any feedexactions of which you have previously been gir a NOTICE similar to this, or as to which the statute of limitations has previously othem expired. ... ... ... ... ... PC RES0 NO. 4768 -3- ,I 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 0 e PASSED, APPROVED AND ADOPTED at a regular meeting of the planni Commission of the City of Carlsbad, California, held on the 17th day of May, 2000, by t following vote, to wit: AYES: Chairperson Compas, Commissioners Baker, Heineman, L’Heureux, Nielsen, Segall, and Trigas NOES: ABSENT: ABSTAIN: WILLIAM COMPAS, Chairperlon CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 4768 -4-