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Home My WebLink About2006-12-06; Planning Commission; Resolution 62051 PLANNING COMMISSION RESOLUTION NO. 6205 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A NONRESIDENTIAL PLANNED DEVELOPMENT PERMIT TO 4 SUBDIVIDE A 5.31-ACRE SITE CURRENTLY APPROVED 5 FOR SEVEN NONRESIDENTIAL BUILDINGS, INTO 13 AIRSPACE NONRESIDENTIAL CONDOMINIUMS ON 6 PROPERTY GENERALLY LOCATED ALONG THE NORTH SIDE OF LIONSHEAD AVENUE AND WEST OF EAGLE 7 DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 18. CASE NAME: OPUS POINT LOTS 23 AND 24 8 CASE NO.: PUD 06-09 9 WHEREAS, Hofman Planning Associates, "Applicant," has filed a verified 10 application with the City of Carlsbad regarding property owned by Opus West Corporation, 12 "Owner," described as 13 Lot 23 Carlsbad Tract No. 98-10 Carlsbad Raceway, according to map thereof No. 15013, in the City of Carlsbad, County of 14 San Diego, State of California, filed in the Office of the County Recorder of San Diego County on May 3, 2005, as file No. 2005-371022 of official records 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Nonresidential18 j 9 Planned Unit Development Permit as shown on Exhibits "A" - "E" dated December 6,2006, on 20 file in the Planning Department, OPUS POINT LOTS 23 AND 24 - PUD 06-09, as provided by 2! Chapter 21.47 of the Carlsbad Municipal Code; and 22 WHEREAS, the Planning Commission did, on the 6th day of December, 2006, 23 hold a duly noticed public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony 25 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 27 relating to the Nonresidential Planned Unit Development Permit. 28 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad as follows: 3 A) That the foregoing recitations are true and correct. 4 s- B) That based on the evidence presented at the public hearing, the Commission APPROVES OPUS POINT LOTS 23 AND 24 - PUD 06-09, based on the 6 following findings and subject to the following conditions: 7 Findings; ° 1. The granting of this permit will not adversely affect and will be consistent with the code, 9 the general plan, applicable specific plans, master plans, and all adopted plans of the city and other governmental agencies in that the proposed project is consistent with the 10 Planned Industrial (PI) General Plan Land Use designation and all development standards of the Planned Industrial (P-M) Zone and Title 20 and 21 regulations 1 1 governing subdivisions and the design of nonresidential planned developments. 12 2. The proposed use at the particular location is necessary and desirable to provide a service 13 or facility, which will contribute to the general well-being of the neighborhood and the community in that the proposed nonresidential planned development will be located 14 on an existing P-M Zoned lot. The project will be compatible with the surrounding office and industrial uses and the McClellan-Palomar Airport, and will provide 15 opportunities for employment of local residents. 16 3. Such use will not be detrimental to the health, safety, or general welfare of persons 17 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, 18 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 Lionshead Avenue. The subdivision includes all necessary 20 features to be compatible with surrounding development. The nonresidential planned development will not pose a safety hazard to the occupants of the 21 industrial zone. 22 4. In granting a Nonresidential Planned Development Permit, the City Council, Planning 23 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. 24 5. The Planning Commission has reviewed each of the exactions imposed on the Developer 25 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. 27 28 PC RESO NO. 6205 -2- Conditions: 2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of 3 the final map. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be r 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 6 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 7 issued under the authority of approvals herein granted; record a notice of violation on the properly 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 9 or a successor in interest by the City's approval of this Nonresidential Planned Development Permit. 10 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Nonresidential Planned Development Permit documents, as 12 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. 13 Any proposed development different from this approval shall require an amendment to this approval. 14 1 ^ 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 16 4. If any condition for construction of any public improvements or facilities, or the payment 17 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 66020. If any such condition is determined to be invalid, this approval shall be invalid jo unless the City Council determines that the project without the condition complies with all requirements of law. 20 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 21 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 23 or indirectly, from (a) City's approval and issuance of this Nonresidential Planned Development Permit, (b) City's approval or issuance of any permit or action, whether 24 discretionary or nondiscretionary, 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 26 facility of electromagnetic fields or other energy waves or emissions. 27 6. This approval is granted subject to the approval of CT 06-10 and is subject to all conditions contained in Planning Commission Resolution No. 6204 for those other approvals incorporated herein by reference. PC RESO NO. 6205 -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 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 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, 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 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 6th day of December, 2006, by the following vote, to wit: AYES: NOES: Chairperson Montgomery, Commissioners Baker, Dominguez, Heineman, Segall, and Whitton ABSENT: Commissioner Cardosa ABSTAIN: B. MONTjOMERYfyiairperson CARLSBAD PLANNING COMMSSION ATTEST: DON NEU Assistant Planning Director PC RESO NO. 6205 -4-