HomeMy WebLinkAbout2006-06-21; Planning Commission; Resolution 61231 PLANNING COMMISSION RESOLUTION NO. 6123
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING NON-
RESIDENTIAL PLANNED DEVELOPMENT PERMIT PUD 05-
4 07 FOR THE SUBDIVISION OF 15.02 ACRES OF LAND INTO
5 12 INDUSTRIAL LOTS AND THE DEVELOPMENT OF 77,393
SQUARE FEET OF PLANNED INDUSTRIAL SPACE WITHIN
6 8 BUILDINGS GENERALLY LOCATED SOUTH OF
PALOMAR AIRPORT ROAD AND EAST OF EL FUERTE
7 STREET IN LOCAL FACILITIES MANAGEMENT ZONE 17.
CASE NAME: BRESSI RANCH LOTS 33-39
* CASE NO.: PUD 05-07
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WHEREAS, Spectrumflex, LLC, "Developer/Owner," has filed a verified
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application with the City of Carlsbad regarding property described as
12 Lots 33-39 of Carlsbad Tract CT 02-15 Bressi Ranch, in the
City of Carlsbad, County of San Diego, State of California,
13 according to map thereof no. 14960, filed in the Office of the
County Recorder of San Diego County, February 4,2005
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("the Property"); and
16 WHEREAS, said verified application constitutes a request for a Non-Residential
17 Planned Development Permit as shown on Exhibits "A" - "BB" dated June 21, 2006,on file in
18 the Planning Department, BRESSI RANCH LOTS 33-39 - PUD 05-07 as provided by Chapter
19 21.47 of the Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did, on the 21st day of June, 2006, hold a
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,_~ duly noticed public hearing as prescribed by law to consider said request; and
23 WHEREAS, at said public hearing, upon hearing and considering all testimony
24 and arguments, if any, of persons desiring to be heard, said Commission considered all factors
25 relating to the Non-Residential Planned Development Permit.
26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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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
2 APPROVES BRESSI RANCH LOTS 33-39 - PUD 05-07, based on the
following findings and subject to the following conditions:
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Findings:4
. 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
7 applicable development standards have been met.
o 2. The proposed use at the particular location is necessary and desirable to provide a
n service or facility, which will contribute to the general wellbeing of the neighborhood
and the community in that the project will provide Planned Industrial opportunities
10 for small business in Carlsbad.
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 is compatible with other existing and proposed industrial
13 parks and has been designed to buffer proposed development from existing
residences to the east and south.
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4. 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 eating/rest areas are provided.
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5. The Planning Director has determined that
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,n a. The project is a subsequent activity of the Bressi Ranch Master Plan (MP 178)
for which a program EIR was prepared, and a notice for the activity has been
20 given, which includes statements that this activity is within the scope of the
program approved earlier, and that the program EIR adequately describes the
21 activity for the purposes of CEQA); [15168(c)(2) and (e)];
b. This project is consistent with the Bressi Ranch Master Plan cited above;
23 c. EIR 98-04 was certified in connection with the Bressi Ranch Master Plan;
24 d. The project has no new significant environmental effect not analyzed as
25 significant in the prior EIR 98-04;
26 e. None of the circumstances requiring a Subsequent EIR or a Supplemental EIR
under CEQA Guidelines Sections 15162 or 15163 exist.
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6. 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
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to mitigate impacts caused by or reasonably related to the project, and the extent and the
2 degree of the exaction is in rough proportionality to the impact caused by the project.
3 Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of
c a final map or issuance of a grading permit, whichever occurs first.
6 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
7 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
9 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
10 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
Development Permit.
12 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
13 and modifications to the Non-Residential Planned Development Permit documents, as
necessary to make them internally consistent and in conformity with the final action on
14 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.
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3. Developer shall comply with all applicable provisions of federal, state, and local laws and
17 regulations in effect at the time of building permit issuance.
18 4. If any condition for construction of any public improvements or facilities, or the payment
19 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
20 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
21 all requirements of law.
22 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
23 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
24 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
Development Permit, (b) City's approval or issuance of any permit or action, whether
26 discretionary or non-discretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
27 including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions.28
PC RESO NO. 6123 -3-
6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
2 the Site Plan reflecting the conditions approved by the final decision making body.
3 7. 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.
8. Prior to the issuance of building permits, this project shall comply with all conditions and
6 mitigation measures which are required as part of the Zone 17 Local Facilities
Management Plan and any amendments made to that Plan.
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„ 9. 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
9 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
10 facilities will continue to be available until the time of occupancy.
11 10. This approval is granted subject to the approval of CT 05-09 and PIP 05-06 and is
19 subject to all conditions contained in Planning Commission Resolutions No. 6122 and
6124 for those other approvals incorporated herein by reference.
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14 NOTICE
15 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
19 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.
21 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
22 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
23 project; NOR DOES IT APPLY to any fees/exactions 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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1 PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
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Commission of the City of Carlsbad, California, held on the 21st day of June 2006, by the
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following vote, to wit:
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^ AYES: Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Heineman, Segall, and Whitton
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NOES:
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_ ABSENT:8
9 ABSTAIN:
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13 MARTELL B. MONTCOMER\|^nairperson
CARLSBAD PLANNING COMMISSION
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17 „DONNEUI O0 Assistant Planning Director
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