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HomeMy WebLinkAbout2005-12-07; Planning Commission; Resolution 60031 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. 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 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 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- 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 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: 1. 2. 3. 4. 5. 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- 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 6. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 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- 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 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-