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HomeMy WebLinkAbout2003-10-01; Planning Commission; Resolution 54681 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 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 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 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- 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 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-