HomeMy WebLinkAbout2005-12-07; Planning Commission; Resolution 60031
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PLANNING COMMISSION RESOLUTION NO. 6003
A RESOLUTION OF THE PLANNING COMMISSION OF THE
RESIDENTIAL PLANNED UNIT DEVELOPMENT PERMIT
POSTAGE STAMP LOTS AND ONE*COMMON LOT ON
PROPERTY GENERALLY LOCATED ON THE NORTH SIDE
OF FARADAY AVENUE BEWTEEN PRIESTLY DRIVE AND
RUTHERFORD ROAD IN LOCAL FACILITIES
MANAGEMENT ZONE 5.
CASE NAME: FARADAY SPECTRUM
CITY OF CARLSBAD, CALIFORNIA, APPROVING NON -
PUD 05-06 TO SUBDIVIDE 4.56 ACRES INTO NINE
CASE NO.: PUD05-06
WHEREAS, Faraday Spectrum, LLC, “Developer/Owner” has filed a verified
application with the City of Carlsbad regarding property described as
All that portion of Lot 44 of Carlsbad Tract Map 85-24, in the
City of Carlsbad, County of San Diego, State of California,
according to map thereof no. 11810, filed in the Office of the
County Recorder of San Diego, May 19,1987, being also Parcel
3 of the land described in Certificate of Compliance recorded
October 6, 2004 as file number 2004-0948732 of official
records.
All that portion of Lot 44 of Carlsbad Tract Map 85-24, in the
City of Carlsbad, County of San Diego, State of California,
according to map thereof no. 11810, filed in the Office of the
County Recorder of San Diego, May 19,1987, being also Parcel
4 of the land described in Certificate of Compliance recorded
October 6,2004 as file number 2004-0948733 of official records
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Non-Residential
Planned Unit Development Permit as shown on Exhibit “A” dated December 7, 2005,on file in
the Planning Department, FARADAY SPECTRUM - PUD 05-06 as provided by Chapter 2 1.47
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 7th day of December, 2005,
hold a duly noticed public hearing as prescribed by law to consider said request; and
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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) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES FARADAY SPECTRUM - PUD 05-06, based on the following
findings and subject to the following conditions:
Findinm:
1. 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 proposed subdivision is consistent with the
Planned Industrial General Plan land use designation and all development
standards of the Heavy Commercial - Limited Industrial (CM) Zone and the
Carlsbad Research Center Specific Plan 180 (F) development standards 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 on an existing CM zoned
lot. The project will be compatible with the surrounding office and industrial uses
and the McClellan-Palomar Airport, 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,
including the McClellan-Palomar Airport Comprehensive Land Use Plan, and all
public facilities and services will be extended to the site. Adequate access to the site
will be provided via Faraday Avenue. 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.
4. In granting a nonresidential planned development permit, the City Council, Planning
Commission or Planning Director may modify the plan or impose such conditions as it
deems necessary to protect the public health, safety and general welfare.
PC RES0 NO. 6003 -2-
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5. 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.
Conditions:
Note:
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Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of
the final map.
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 Permit.
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.
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 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.
This approval is granted subject to the approval of CT 05-08 and is subject to all
conditions contained in Planning Commission Resolution No. 6002 for those other
approvals incorporated herein by reference.
This non-residential Planned Development Permit shall expire concurrently with
CT 05-08.
PC RES0 NO. 6003 -3-
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Developer shall provide bus stops to service this development at locations and with
reasonable facilities to the satisfaction of the North County Transit District and the
Planning Director.
PC RES0 NO. 6003 -4-
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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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 7th day of December 2005, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Whitton
NOES:
ABSENT:
CARLSBAD PLANNING COMMISSION
DON NEU
Assistant Planning Director
PC RES0 NO. 6003 -5-