HomeMy WebLinkAbout2005-10-19; Planning Commission; Resolution 59891
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PLANNING COMMISSION RESOLUTION NO. 5989
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF NON-RESIDENTIAL PLANNED UNIT
DEVELOPMENT PUD 05-05 TO SUBDIVIDE 9.63 ACRES
INTO 15 INDUSTRIAL LOTS AND CONSTRUCT 14 OFFICE
BUILDINGS ON PROPERTY GENERALLY LOCATED
SOUTH OF PALOMAR AIRPORT ROAD AND WEST OF
MELROSE DRIVE IN LOCAL FACILITIES MANAGEMENT
ZONE 17.
CASE NAME: BRESSI RANCH LOT 40
CASE NO.: PUD 05-05
WHEREAS, Bressi Spectrum, LLC, “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
Lot 40 of Carlsbad Tract CT 02-15 Bressi Ranch, in the City of
Carlsbad, County of San Diego, State of California, according
to map thereof no. 14960, filed in the Office of the County
Recorder of San Diego County, February 4,2005
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Non-Residential
Planned Unit Development as shown on Exhibits “A-LL” and “Al-A30” dated October 19,
2005,on file in the Planning Department, BRESSI RANCH LOT 40 - PUD 05-05 as provided
by Chapter 2 1-47 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 19th day of October, 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 Non-Residential Planned Unit Development.
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.
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B) That based on the evidence presented at the public hearing, the Commission
based on the following findings and subject to the following conditions:
RECOMMENDS APPROVAL of BRESSI RANCH LOT 40 - PUD 05-05,
Findinm:
1.
2.
3.
4.
5.
6.
The granting of this permit will not adversely affect and will be consistent with the code,
the general plan, applicable specific plans, master plans, and all adopted plans of the city
and other governmental agencies in that the General Plan, Zoning, and Bressi Ranch
Master Plan (MP 178) anticipated industrial development of this site and all
applicable development standards have been met.
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 project will provide office opportunities for small
business in Carlsbad.
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 is compatible with other existing and proposed industrial
parks and has been designed to buffer proposed development from existing
residences to the east and south.
The proposed nonresidential planned development meets all of minimum development
standards of the underlying zone, except for lot area in that all required parking is
provided onsite, all required building heights are met, all setbacks are provided,
and all required outdoor employee eatingrest areas are provided.
The Planning Director has determined that
a.
b.
C.
d.
e.
The project is a subsequent activity of the Bressi Ranch Master Plan for which
a program EIR was prepared, and a notice for the activity has been given, which
includes statements that this activity is within the scope of the program approved
earlier, and that the program EIR adequately describes the activity for the
purposes ofCEQA); [15168(c)(2) and(e)];
This project is consistent with the Bressi Ranch Master Plan cited above;
EIR 98-04 was certified in connection with the Bressi Ranch Master Plan;
The project has no new significant environmental effect not analyzed as
significant in the prior EIR 98-04;
None of the circumstances requiring a Subsequent EIR or a Supplemental EIR
under CEQA Guidelines Sections 15 162 or 15 163 exist.
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
PC RES0 NO. 5989 -2-
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Conditions:
Note:
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2.
3.
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6.
Unless otherwise specified Ilerein, all conditions shall be satisfied prior to recordation of
a final map or issuance of a grading permit, whichever occurs first.
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; 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 Non-Residential Planned Unit
Development.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Non-Residential Planned Unit Development 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.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
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 Non-Residential Planned
Unit Development, (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.
Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
the Site Plan reflecting the conditions approved by the final decision making body.
PC RES0 NO. 5989 -3 -
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7.
8.
9.
10.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
Prior to the issuance of building permits, this project shall comply with all conditions and
mitigation measures which are required as part of the Zone 17 Local Facilities
Management Plan and any amendments made to that Plan.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
This approval is granted subject to the approval of CT 05-07 and PIP 05-02 and is
subject to all conditions contained in Planning Commission Resolutions No. 5988 and
5990 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 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. 5989 -4-
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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 October 2005, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners, Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Whitton
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PLANNING ~~MMISSION
ATTEST:
Assistant Planning Director
PC RES0 NO. 5989 -5-