HomeMy WebLinkAbout2005-01-19; Planning Commission; Resolution 58211
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I DENIED WITHOUT PREJUDICE
PLANNING COMMISSION RESOLUTION NO. 5821
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 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
INDUSTRZAL PERMIT PIP 02-04 TO ALLOW THE
CASE NO.: PIE’ 02-04
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 Industrial
Permit as shown on Exhibits ‘(A - “U” dated January 19, 2005, on file in the Planning
Department, CARLSBAD OFFICE CAMPUS - PIP 02-04, as provided by Chapter 21.34 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 Industrial 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 - PIP 02-04, based on the
following findings and subject to the following conditions:
Findinps :
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 project design complies with all applicable city standards including
yards, parking and landscaping.
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 the project
will have direct access from Avenida Encinas which is an existing fully improved
public street.
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 in Chapter 21.34 of the Carlsbad Municipal Code, in that the
proposed project is for the demolition of an existing 154,000 square foot building
and the development of four office buildings and a parking structure. The project is
designed consistent with all the applicable development standards and the proposed
office use is consistent with the intent and purpose of the P-M 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 modify all approvals herein granted; deny or hrther condition issuance of all
fbture building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
property title; 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.
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. 5821 -2-
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3. The Developer/Operator shall and does hereby agree to indemnify, 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 Planned Industrial 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 PUD 02-
05 and is subject to all conditions contained in Planning Commission Resolutions No.
5818,5819 and 5820 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 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 fees/exactions
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. 5821 -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 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. 5821 -4-