HomeMy WebLinkAbout2003-10-01; Planning Commission; Resolution 54681
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Partnership 6, ,
PLANNING COMMISSION RESOLUTION NO. 5468
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A TWO
YEAR EXTENSION OF SITE DEVELOPMENT PLAN SDP 01-01
TO CONSTRUCT A 120,000 SQUARE FOOT THREE-STORY
OFFICE BUILDING ON PROPERTY GENERALLY LOCATED
ADJACENT AND SOUTH OF PALOMAR AIRPORT ROAD AND
EAST OF AVIARA PARKWAY IN LOCAL FACILITIES
MANAGEMENT ZONE 5.
CASE NAME: PACIFICA PALOMAR OFFICE BUILDING
CASE NO.: SDP Ol-Ol(A)
WHEREAS, CBC Investments, Inc, a California Limited Liability
‘Developer,” has filed a verified application with the City of Carlsbad regarding
property owned by Nordahl Center Partners, a California Limited Partnership, “Owner,”
described as
That portion of that certain parcel of land shown and
designated as description No. 3 78.01 acres on record of survey
Map No. 5715 filed in the Office of the County Recorder of San
Diego, December 19, 1960, being a portion of Lot G of the
Rancho Agua Hedionda, according to map thereof No 823,
filed in the Office of the County Recorder of San Diego,
November 16, 1896 in the City of Carlsbad, County of San
Diego, State of California, lying southerly of the centerline of
Palomar Airport Road, as shown on County of San Diego Road
Survey No. 1534, on file in the office of the County Surveyor of
said County
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan Amendment as shown on Exhibit(s) “A” - ‘cS” dated September 19, 2001, on file in the
Planning Department, PACIFICA PALOMAR OFFICE BUILDING - SDP 01-Ol(A), as
provided by Chapter 21.06 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 1st day of October, 2003, hold
a duly noticed public hearing as prescribed by law to consider said request; and
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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 Site Development Plan Amendment.
WHEREAS, on September 19, 2001, the Planning Commission approved, SDP
01-01, as described and conditioned in Planning Commission Resolution No. 5041.
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.
B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES PACIFICA PALOMAR OFFICE BUILDING -
SDP Ol-Ol(A) based on the following findings and subject to the following
conditions:
Fin din 8s :
1. The adopted findings for SDP 01-01 which are contained in Planning Commission
Resolution No. 5041 apply to this extension and are incorporated herein by this reference.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building
permit issuance.
1. 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 Wher 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 Plan.
2. All conditions of approval imposed upon Site Development Plan 01-01 as stated in
Planning Commission Resolution No. 5041 shall apply as conditions of approval for SDP
Ol-Ol(A) and are incorporated by this reference, except Condition No. 29 which is
replaced by Condition No. 3 below.
...
PC RES0 NO. 5468 -2-
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3. This approval shall become null and void if not exercised within 24 months from the
date of expiration of the original project approval. The new expiration date is
September 18,2005.
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
“ feedex ac tions . ”
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 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.
You are hereby FURTHER NOTIFIED that your right to protest the specified feeslexactions
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 1st day of October 2003, by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Heineman, White, and
Whitton
NOES: None
AB SENT: Commissioners Montgomery, Segall, and Dominguez
ABSTAIN: None
Chairperson
COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5468 -3-