HomeMy WebLinkAbout2002-06-19; Planning Commission; Resolution 52101
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PLANNING COMMISSION RESOLUTION NO. 5210
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF SITE DEVELOPMENT PLAN AMENDMENT
TOWER TO INCREASE FROM 43’ TO 55’, LOCATED AT THE
GEMOLOGICAL INSTITUTE OF AMERICA AT 5345
ARMADA DRIVE IN LOCAL FACILITIES MANAGEMENT
ZONE 13.
CASE NAME: GIA TOWER ADDITION
CASE NO.: SDP 94-06(A)
WHEREAS, Gemological Institute of America, “Developer‘T’Owner”, has filed
SDP 94-06(A) TO PERMIT THE HEIGHT OF AN EXISTING
a verified application with the City of Carlsbad regarding property described as
Lot 5 and 6 of Carlsbad Tract No. 92-07 (Carlsbad Ranch Unit
1 and Unit 2), in the City of Carlsbad, County of San Diego,
State of California, according to map thereof No. 13078, filed
in the Office of the County Recorder of San Diego County on
December 28,1993.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan Amendment as shown on Exhibits “A” - “E” dated June 19,2002, on file in the Carlsbad
Planning Department, GIA TOWER ADDITION - SDP 94-06(A), as provided by Chapter
21.06 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 19th day of June 2002, 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 all persons desiring to be heard, said Commission considered all factors
relating to the SDP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of GIA TOWER ADDITION - SDP 94-
06(A), based on the following findings and subject to the following conditions:
Findines:
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That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan, will
not be detrimental to existing uses or to uses specifically permitted in the area in which
the proposed use is to be located, and will not adversely impact the site, surroundings or
traffic circulation, in that the proposed increase in height of an existing tower at GIA
is part of the architectural design of the complex. It will enhance the main entrance
of the building and will provide an uninhabited space to display an art exhibit. The
proposed project is consistent with the Carlsbad Ranch Specific Plan. The
increased tower height will have no impact on the site, surroundings and traffic
circulation.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the original design of the GIA complex envisioned the tower height and display
of an art exhibit at this location and the project site can accommodate the increased
height of the tower and its display.
That all the yards, setbacks, walls, fences, landscaping, and other features necessary to
adjust the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that no adjustments are necessary to allow the proposed
increase in tower height to be located at the main entrance of the GIA complex.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the proposed use would not generate any
additional vehicle trips and will have no impact on the street system serving GIA.
That the Planning Director has determined that the project belongs to a class of projects
that the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15303 - new construction
or conversion of small structures of the state CEQA Guidelines. In making this
determination, the Planning Director has found that the exceptions listed in Section
15300.2 of the state CEQA Guidelines do not apply to this project.
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.
PC RES0 NO. 5210 -2-
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Conditions:
PC RES0 NO. 5210
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Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
building permit.
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 Site Development Permit.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site 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 fiom 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, fiom 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, fiom (a) City’s approval and issuance of this Site 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, and (c)
Developer/Operator’s installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising fiom the emission by the
facility of electromagnetic fields or other energy waves or emissions. This obligation
survives until all legal proceedings have been concluded and continues even if the City’s
approval is not validated.
The Developer shall submit to the Planning Department a reproducible 24” x 36”,
mylar copy of the Site Plan reflecting the conditions approved by the final decision
making body.
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Developer shall provide proof to the Director from the Carlsbad Unified School District
that this project has satisfied its obligation to provide school facilities.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 13 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
The Developer shall include, as part of the plans submitted for any permit plan check, a
reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing
format (including any applicable Coastal Commission approvals).
This approval is granted subject to the approval of the CDP 02-10 and is subject to all
conditions contained in Resolution No. 5211 for that other approval incorporated by
reference herein.
This approval shall become null and void if building permits are not issued for this
project within 24 months from the date of project approval.
Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 13 pursuant to Chapter 21.90. All such
taxedfees shall be paid at issuance of building permit. If the taxedfees are not paid, this
approval will not be consistent with the General Plan and shall become void.
Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
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 fiom 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 file the protest and any other required information with the City Manager for
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.
PC RES0 NO. 5210 -4-
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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 feedexactions 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 19th day of June 2002 by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Baker, Dominguez,
Heineman, Segall, White, and Whitton
NOES: None
ABSENT: None
t ABSTAIN: None
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. mZMIaER
Planning Director
PC RES0 NO. 5210 -5-