HomeMy WebLinkAbout2005-01-19; Planning Commission; Resolution 58201
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I DENIED WITHOUT PREJUDICE I
PLANNING COMMISSION RESOLUTION NO. 5820
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING PLANNED
DEMOLITION OF AN EXISTING 154,000 SQUARE FOOT
BUILDING AND THE DEVELOPMENT OF FOUR OFFICE
BUILDINGS AND A PARKING STRUCTURE ON A 12.71
ACRE SITE AND TO SUBDIVIDE THE SITE INTO FIVE LOTS
ON PROPERTY GENERALLY LOCATED ON THE WEST
SIDE OF AVENIDA ENCINAS, EAST OF CARLSBAD
BOULEVARD, NORTH OF PALOMAR AIRPORT ROAD AND
SOUTH OF CANNON ROAD IN LOCAL FACILITIES
MANAGEMENT ZONE 3.
CASE NAME: CARLSBAD OFFICE CAMPUS
DEVELOPMENT PERMIT PUD 02-05 TO ALLOW THE
CASE NO.: PUD 02-05
WHEREAS, Carlmart, LP, as “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
All that portion of Parcel 1 of Parcel Map No. 16274, in the
City of Carlsbad, County of San Diego, State of California,
filed in the Office of the County Recorder of San Diego County
on October 26,1990
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Planned Unit
Development Permit as shown on Exhibits “A - “U” dated January 19, 2005, on file in the
Planning Department, CARLSBAD OFFICE CAMPUS - PUD 02-05, as provided by Chapter
2 1.47 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 19th day of January 2005,
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.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES CARLSBAD OFFICE CAMPUS - PUD 02-05, based on the
following findings and subject to the following conditions:
Findinm:
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 project
is consistent with the General Plan and all development standards of the Planned
Industrial zone. 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 project will be located in an
existing industrial area and the project is designed 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. 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,
and all public facilities and services exist. Adequate access to the site will be
provided from Avenida Encinas. The project includes all necessary features to be
compatible with surrounding development. The project 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 issuance of
building permits, grading permit or approval of a final map, 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 modifl all approvals herein granted; record a notice of violation on the property
title; 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
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
PC RES0 NO. 5820 -2-
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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. The Developer/Operator shall and does hereby agree to indemnifjr, protect, defend and
hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Non-Residential Planned
Development Permit, (b) City’s approval or issuance of any permit or action, whether
discretionary or non-discretionary, in connection with the use contemplated herein, and
(c) Developer/Operator’s installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions.
4. This approval is granted subject to the approval of CT 02-12, CDP 02-31, and PIP 02-04
and is subject to all conditions contained in Planning Commission Resolutions No. 5818,
5819 and 5821 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 final approval to protest imposition of these feedexactions. 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. 5820 -3 -
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Commission
PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
f the City of Carlsbad, California, held on the 19th day of January 2005, by the
following vote, to wit:
AYES:
NOES:
ABSENT: Commissioner Cardosa
ABSTAIN:
Chairperson Segall, Commissioners Baker and Heineman
Commissioners Dominguez, Montgomery and Whitton
JEFFRE N. SEGALL, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
PC RES0 NO. 5820 -4-