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HomeMy WebLinkAbout2004-10-20; Planning Commission; Resolution 57421 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. 5742 A RESOLUTION OF THE PLANNING COMMISSION OF THE RESIDENTIAL PLANNED UNIT DEVELOPMENT PERMIT TERMINUS OF BALFOUR COURT IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: BALFOUR COURT OFFICE CONDOMINIUMS CITY OF CARLSBAD, CALIFORNIA, APPROVING NON - PUD 04-07 ON PROPERTY GENERALLY LOCATED AT THE CASE NO.: PUD 04-07 WHEREAS, SW Balfour, LLC, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as Lot 31 of Carlsbad Tract No. 81-10, Unit No. 2-A, in the City of Carlsbad, County of San Diego, State of California, According to Map Thereof No. 11134, Filed in the Office of the County Recorder of San Diego County, January 31,1985 (“the Property”); and WHEREAS, said verified application constitutes a request for a Non-Residential Planned Unit Development Permit as shown on Exhibits “A” - “E” dated October 20,2004,on file in the Planning Department, BALFOUR COURT OFFICE CONDOMINIUMS - PUD 04-07 as provided by Chapter 2 1.47 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 20th day of October, 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 Non-Residential Planned Unit Development Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission based on the following findings and subject to the following conditions: APPROVES BALFOUR COURT OFFICE CONDOMINIUMS - PUD 04-07, 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 1. 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 C-M zone and the Carlsbad Research Center Specific Plan (SP-180). The project is consistent with all Title 20 and Title 21 regulations governing subdivisions and the design of non-residential planned developments. 2. The proposed use at the particular location is necessary and desirable to provide a service or facility, which will contribute to the general wellbeing of the neighborhood and the community in that the proposed subdivision will be located in an existing industrial park with a campus-like setting. The project will be compatible with the adjacent office and industrial uses and will provide opportunities for employment of local residents. 3. Such use 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, and all public facilities and services exist. Adequate access to the site will be provided from Balfour Court. 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. 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 Non-Residential Planned Unit 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 Unit 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. PC RES0 NO. 5742 -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 is granted subject to the approval of CT 04-07 and is subject to all conditions contained in Planning Commission Resolution No. 5741 for those other approvals. 4. This non-residential Planned Development Permit shall expire concurrently with CT 04-07. 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 fees/exactions 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. 5742 -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 20th day of October 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery, and Segall FRANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 5742 -4-