HomeMy WebLinkAbout2005-10-19; Planning Commission; Resolution 59901
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. 5990
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
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
APPROVAL OF PLANNED INDUSTRIAL PERMIT PIP 05-02
CASE NO.: PIP 05-02
WHEREAS, Bressi Spectrum, LLC, “DevelopedOwner,” 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 Planned
Industrial Permit as shown on Exhibits “A-LL” and “Al-A30”dated October 19,2005, on file
in the Planning Department BRESSI RANCH LOT 40 - PIP 05-02, as provided by Chapter
20.47 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 Planned Industrial 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:
RECOMMENDS APPROVAL of BRESSI RANCH LOT 40 - PIP 05-02,
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
Findinm:
1.
2.
3.
4.
5.
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 created lots will be able to accommodate the intended future
planned industrial development while providing all required setbacks and other
amenities required by all applicable City regulations including the Bressi Ranch
Master Plan (MP 178) and Title 21.
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 created
lots will be able to accommodate the intended planned industrial development while
providing all required setbacks from Palomar Airport Road, Melrose Drive, and
Loker Avenue East, two points of access from Loker Avenue East, and other
amenities required by all applicable City regulations including the Bressi Ranch
Master Plan (MP 178).
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 2 1.34 of the Carlsbad Municipal Code, in that the site has
been designed to provide all of the required onsite parking, provide pedestrian
connection between buildings as well as all required outdoor employee eatindrest
areas, provide street presence by orienting the buildings close to street frontages,
and limit the overall massing as a result of proposing mostly single story buildings.
The Planning Director has determined that
a. 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 of CEQA); [ 15 168(c)(2) and (e)];
b. This project is consistent with the Bressi Ranch Master Plan cited above;
c. EIR 98-04 was certified in connection with the Bressi Ranch Master Plan;
d. The project has no new significant environmental effect not analyzed as
significant in the prior EIR 98-04;
e. 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. 5990 -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
Conditions:
1. This approval is granted subject to the approval of the CT 05-07 and PUD 05-05, and is
subject to all conditions contained in Planning Commission Resolutions No. 5988 and
5989 for those other approvals.
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.
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:
CARLSBAD PLANNING COMMISSION
Assistant Planning Director
PC RES0 NO. 5990 -3-