HomeMy WebLinkAbout2004-09-01; Planning Commission; Resolution 57141
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PLANNING COMMISSION RESOLUTION NO. 5714
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING PLANNED
13.47 ACRES INTO SEVEN LOTS WITH THREE
OFFICEANDUSTRIAL BULDLNGS ON PROPERTY
GENERALLY LOCATED SOUTHEAST OF COLLEGE
BOULEVARD, SOUTHWEST OF ASTON AVENUE, AND
LOCAL FACILITIES MANAGEMENT ZONE 5.
CASE NAME: PALOMAR POINTE
UNIT DEVELOPMENT PERMIT PUD 03-02 TO SUBDIVIDE
NORTH OF THE MC CLELLAN-PALOMAR AIRPORT IN
CASE NO.: PUD 03-02
WHEREAS, T. Lawrence Jett, “Developer,” has filed a verified application with
the City of Carlsbad regarding property owned by James L. Hieatt and Mildred E. Hieatt,
Trustees of the Hieatt Family Living Trust, dated April 18, 1990 as to an undivided 75%
interest and T. Lawrence Jett as to an undivided 25%, as Tenants in Common, “Owner,”
described as
That portion of Lot F of the Rancho Agua Hedionda, in the
City of Carlsbad, County of San Diego, State of California,
according to map thereof no. 823, filed in the Office of the
County Recorder of San Diego, November 16,1896
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Planned Unit
Development Permit as shown on Exhibits “A” - “N” dated September 1, 2004, on file in the
Planning Department, PALOMAR POINTE - PUD 03-02, as provided by Chapter 21.47 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 1st day of September 2004,
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.
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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 Commission
APPROVES PALOMAR POINTE - PUD 03-02, based on the following
findings and subject to the following conditions:
1. 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 proposed
subdivision is consistent with the General Plan and all development standards of the
Planned Industrial and Open Space zones. The project is consistent with all Title 20
and Title 21 regulations governing subdivisions and the design of non-residential
planned developments.
2. That the proposed use at the particular location is necessary and desirable to provide a
service or facility which will contribute to the general long-term well-being of the
neighborhood and the community, in that the proposed subdivision will be located on
an existing planned industrial zoned lot. The project will be compatible with the
surrounding office and industrial uses and the McClellan-Palomar Airport, and will
provide opportunities for employment of local residents.
3. That such project 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,
including the McClellan-Palomar Airport Comprehensive Land Use Plan, and all
public facilities and services will be extended to the site. Adequate access to the site
will be provided via a new public street from College Boulevard. The subdivision
includes all necessary features to be compatible with surrounding development. The
subdivision will not pose a safety hazard to the occupants of the industrial zone.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of
a final map or grading permit, whichever occurs first.
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 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
PC RES0 NO. 5714 -2-
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vested rights are gained by Developer or a successor in interest by the City’s approval of
this Non-Residential Planned Development Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Non-Residential Planned 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.
3. This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, GPA 04-08, ZC 04-03, LCPA
04-07, CT 04-06, PIP 03-02, CDP 03-06, and HDP 03-02 and is subject to all
conditions contained in Planning Commission Resolutions No. 5709, 5710, 5711, 5712,
5713,5715,5716, and 5717 for those other approvals incorporated herein by reference.
4. This non-residential Planned Development Permit shall expire concurrently with
CT 04-06.
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 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 feedexactions
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.
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PC RES0 NO. 5714 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 1st day of September 2004, by the
following vote, to wit:
AYES: Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Segall
NOES:
ABSENT:
ABSTAIN:
K H. WHITTON, Chaiserson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOL-
Planning Director
PC RES0 NO. 5714 -4-