HomeMy WebLinkAbout2006-06-21; Planning Commission; Resolution 6124PLANNING COMMISSION RESOLUTION NO. 6124
1 A RESOLUTION OF THE PLANNING COMMISSION OF THE
2 CITY OF CARLSBAD, CALIFORNIA, APPROVING
PLANNED INDUSTRIAL PERMIT PIP 05-06 FOR THE
3 SUBDIVISION OF 15.02 ACRES OF LAND INTO 12
INDUSTRIAL LOTS AND THE DEVELOPMENT OF 77,393
4 SQUARE FEET OF PLANNED INDUSTRIAL SPACE WITHIN
, 8 BUILDINGS GENERALLY LOCATED SOUTH OF
PALOMAR AIRPORT ROAD AND EAST OF EL FUERTE
6 STREET IN LOCAL FACILITIES MANAGEMENT ZONE 17.
CASE NAME: BRESSI RANCH LOTS 33-39
7 CASE NO.: PIP 05-06
8 WHEREAS, Spectrumflex, LLC, "Developer/Owner," has filed a verified
9 application with the City of Carlsbad regarding property described as
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Lots 33-39 of Carlsbad Tract CT 02-15 Bressi Ranch, in the
11 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
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("the Property"); and
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WHEREAS, said verified application constitutes a request for a Planned
,6 Industrial Permit as shown on Exhibits "A" - "BB" dated June 21,2006, on file in the Planning
17 Department BRESSI RANCH LOTS 33-39 - PIP 05-06, as provided by Chapter 20.47 of the
18 Carlsbad Municipal Code; and
19 WHEREAS, the Planning Commission did, on the 21st day of June 2006, hold a
20 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
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and arguments, if any, of persons desiring to be heard, said Commission considered all factors
24 relating to the Planned Industrial Permit.
25 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2° Commission of the City of Carlsbad as follows:
27 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
APPROVES BRESSI RANCH LOTS 33-39 - PIP 05-06, based on the
following findings and subject to the following conditions:
Findings;
2 1. That the site indicated by the Planned Industrial Permit is adequate in size and shape to
3 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
4 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
6 Master Plan (MP 178) and Title 21.
7 2. 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
8 lots will be able to accommodate the intended planned industrial development while
providing all required setbacks from Palomar Airport Road, El Fuerte Street, and
Gateway Road, two points of access from Gateway Road, and other amenities
required by all applicable City regulations including the Bressi Ranch Master Plan
(MP 178).
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3. That the improvements as shown on the Planned Industrial Permit are consistent with the
12 intent and purpose of this zone and all adopted development, design and performance
standards as set forth Chapter 21.34 of the Carlsbad Municipal Code, in that the site has
13 been designed to provide all of the required onsite parking, provide pedestrian
14 connections between buildings as well as all required outdoor employee eating/rest
areas, provide street presence by orienting the buildings close to street frontages,
15 and limit the overall massing as a result of proposing mostly single story buildings.
16 4. The Planning Director has determined that
*' a. The project is a subsequent activity of the Bressi Ranch Master Plan (MP 178)
. n 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
19 program approved earlier, and that the program EIR adequately describes the
activity for the purposes of CEQA); [15168(c)(2) and (e)];
20 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;
22 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
24 under CEQA Guidelines Sections 15162 or 15163 exist.
25 5. The Planning Commission has reviewed each of the exactions imposed on the Developer
26 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
27 degree of the exaction is in rough proportionality to the impact caused by the project.
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PCRESONO. 6124 -2-
Conditions;
2 1. This approval is granted subject to the approval of the CT 05-09 and PUD 05-07, and is
3 subject to all conditions contained in Planning Commission Resolutions No. 6122 and
6123 for those other approvals.
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5 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
7 "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 fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
13 zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
14 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 Planninglo
17 Commission of the City of Carlsbad, California, held on the 21st day of June 2006, by the
18 following vote, to wit:
AYES: Chairperson Montgomery, Commissioners Baker, Cardosa,
20 Dominguez, Heineman, Segall, and Whitton
21 NOES:
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25 MARTELL B. MONTfOMERY«iirperson
CARLSBAD PLANNING COMlifsSION
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28 DONNEU
Assistant Planning Director
PCRESONO. 6124 -3-