Loading...
HomeMy WebLinkAbout2001-12-05; Planning Commission; Resolution 50961 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 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: 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. 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- 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 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 CARLSBL PLANNING COMMISSION 19 ATTEST: 22 Planning Director 23 24 25 26 27 28 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: PC RESO NO. 5096 -4-