HomeMy WebLinkAbout2001-12-05; Planning Commission; Resolution 50961
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PLANNING COMMISSION RESOLUTION NO. 5096
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
PLANNED UNIT DEVELOPMENT PERMIT AMENDMENT
PUD 98-01(A) TO ALLOW THE CREATION OF AN 8 LOT
NON-RESIDENTIAL PLANNED DEVELOPMENT ON
PROPERTY GENERALLY LOCATED NORTH OF CORTE DE
LA PINA, BETWEEN CORTE DEL CEDRO AND EL CAMINO
REAL IN LOCAL FACILITIES MANAGEMENT ZONE 5.
CASE NAME: NORTH POINTE WEST
CASE NO.: PUD 98-01 (A)
WHEREAS, Carltas Development Company, “Developer/Owner,” has filed a
verified application with the City of Carlsbad regarding property described as
Lots 9 through 12 of Carlsbad Tract No. 98-07, according to
Map No. 13716, filed in the Offrce of the County Recorder on
December 31, 1998, in the City of Carlsbad, County of San
Diego, State of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Planned Unit
Development Permit as shown on Exhibits “A” - “N” dated December 5, 2001, on file in the
Planning Department, NORTH POINTE WEST - PUD 98-01(A) as provided by Chapter 21.47
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 5th day of December, 2001,
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
relating to the Planned Unit Development Permit Amendment.
WHEREAS, on August 19,1998, the Planning Commission approved PUD 9%
01, as described and conditioned in Planning Commission Resolution No. 4357.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
W That based on the evidence presented at the public hearing, the Commission
APPROVES NORTH POINTE WEST - PUD 98-01(A) based on the following
findings and subject to the following conditions:
Findings:
1.
’ 2.
That the granting of this permit will not adversely affect and will be consistent with the
Municipal Code, the General Plan, applicable specific plans, master plans, and all
adopted plans of the City and other governmental agencies, in that the project complies
with all development standards of the P-M zone, Titles 19 and 20, and the
Comprehensive Land Use Plan for McClellan-Palomar Airport. The proposed
office/research and development/warehouse project is consistent with the Planned
Industrial General Plan designation and no specific plan or master plan applies to
the project.
That the proposed use at the particular location is necessary and desirable to provide a
service or facility which will contribute to the long-term general well-being of the
neighborhood and the community, in that the proposed office, research and
development, and warehouse uses will provide additional employment
opportunities, are compatible with surrounding planned industrial and hotel uses
and the project will provide for adequate circulation, parking, access, loading,
delivery, open space, and refuse collection to meet the operational needs of the
businesses.
3. That such use will not be detrimental to the health, safety, or general welfare of persons
residing or working in the vicinity, or injurious to property or improvements in the
vicinity, in that the project meets all applicable City standards and ordinances, all
public facilities and services will be provided, adequate access to the site will be
provided to Corte de la Pina and El Camino Real, and the site plan includes all
necessary features to adjust the development to the surrounding neighborhood
including setbacks, enhanced architecture, and landscaping.
4. That the proposed Non-residential Planned Development meets all of the minimum
development standards of the underlying Planned Industrial (P-M) zone and all
policies and standards of the City.
5. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading or
building permit, whichever occurs first.
PC RESO NO. 5096 -2-
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1.
2.
3.
4.
5.
6.
If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Non-residential Planned Unit Development Permit.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Non-residential Planned Unit Development Permit
documents, as necessary to make them internally consistent and in conformity with the
final action on the project. Development shall occur substantially as shown on the
approved Exhibits. Any proposed development different from this approval, shall require
an amendment to this approval.
The Developer shall comply with all applicable provisions of federal, state, and local
laws and regulations in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Non-residential Planned Unit
Development Permit, (b) City’s approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein.
This approval is granted subject to the approval of CT 01-08 and PIP 98-07(A) and is
subject to all conditions contained in Planning Commission Resolution No. 5095 for
CT 01-08 and the Planning Director approval letter for PIP 98-07(A).
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and rile the protest and any other required information with the City Manager for
PC RESO NO. 5096 -3-
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18 CARLSBL PLANNING COMMISSION
19 ATTEST:
22 Planning Director
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processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
~ PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 5th day of December 2001, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Compas, Dominguez,
Heineman, and Trigas
NOES:
ABSENT: Commissioner Nielsen
ABSTAIN:
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