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HomeMy WebLinkAbout2004-09-01; Planning Commission; Resolution 57151 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. 5715 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A 13.47 ACRE SITE AND DEVELOP AN INDUSTRIAL/ OFFICE COMPLEX WlTH THREE BUILDINGS ON PROPERTY GENERALLY LOCATED SOUTHEAST OF COLLEGE BOULEVARD, SOUTHWEST OF ASTON AIRPORT IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: PALOMAR POINTE PLANNED INDUSTRIAL PERMIT, PIP 03-02, TO SUBDIVIDE AVENUE, AND NORTH OF THE MC CLELLAN-PALOMAR CASE NO.: PIP 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 Industrial Permit shown on Exhibits “A” - “ N ” dated September 1, 2004, on file in the Planning Department PALOMAR POINTE - PIP 03-02, as provided by Chapter 21.34 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 Industrial Permit. 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) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public h aring, th Commission APPROVES PALOMAR POINTE - PIP 03-02, based on the following findings and subject to the following conditions: Findinm: 1. That the site indicated by the Planned Industrial Permit is adequate in size and shape to accommodate the proposed use, and all yards, spaces, walls, fences, parking, loading, landscaping and other features required by Chapter 21.34 of the Carlsbad Municipal Code, in that the proposed industrial subdivision is consistent with development and design criteria for lot size and configuration and includes a safe and efficient internal circulation system, and the proposed buildings, open parking and landscaping fit within the developable area of the lot and all applicable development standards can be met. 2. That the improvements indicated on the Planned Industrial Permit are located in such a manner to be related to existing and proposed streets and highways, in that a new public street from College Boulevard is required to serve the development and the street has been designed in accordance with City Engineering standards. 3. That the improvements as shown on the Planned Industrial Permit are consistent with the intent and purpose of this zone and all adopted development, design and performance standards as set forth Chapter 21.34 of the Carlsbad Municipal Code, in that the industrial subdivision will result in a high-quality development that is consistent with applicable landscaped setbacks, lot size and configuration, is compatible with surrounding land uses and circulation patterns, and provides an internal circulation system that is safe and efficient. The proposed buildings conform to the building height, setbacks, lot coverage, and design criteria of the P-M zone (Chapter 21.34 of the Zoning Ordinance). Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map recordation or issuance of 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 vested rights are gained by Developer or a successor in interest by the City’s approval of this Planned Industrial Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Planned Industrial Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. PC RES0 NO. 5715 -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 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, PUD 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, 5713,5714,5716, and 5717 for those other approvals incorporated herein by reference. 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 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. ... ... ... ... ... ... ... ... PC RES0 NO. 5715 -3- 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 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: CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 5715 -4-