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Home My WebLink About2007-02-21; Planning Commission; Resolution 6242PLANNING COMMISSION RESOLUTION NO. 6242 1 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING NON 3 RESIDENTIAL PLANNED DEVELOPMENT PERMIT PUD 06- 03 FOR THE SUBDIVISION OF 5.95 ACRES OF LAND 4 PREVIOUSLY APPROVED FOR 6 5 INDUSTRIAL/WAREHOUSE/OFFICE BUILDINGS TOTALING 81,130 SQUARE FEET INTO 9 AIRSPACE NON- 6 RESIDENTIAL UNITS ON PROPERTY GENERALLY LOCATED ALONG THE NORTHEAST SIDE OF EAGLE 7 DRIVE AND GREY HAWK COURT IN LOCAL FACILITIES MANAGEMENT ZONE 18. CASE NAME: GREYHAWK BUSINESS PARK LOTS 6 AND 7 9 CASE NO.: PUD 06-03 10 WHEREAS, Hofman Planning Associates, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Greyhawk Associates, 12 "Owner," described as 13 Lots 6 and 7 of Carlsbad Tract No. 99-06, in the City of 14 Carlsbad, County of San Diego, State of California, According 15 to the Map Thereof No. 14831, Filed in the Office of the County Recorder of San Diego County, June 29, 2004 as file 16 No. 2004-0606935 of official records 17 ("the Property"); and 1 Q WHEREAS, said verified application constitutes a request for a Non-Residential 19 Planned Development Permit as shown on Exhibits "A" - "E" dated February 21, 2007, on file 20 in the Planning Department GREYHAWK BUSINESS PARK LOTS 6 AND 7 - PUD 06-03 21 ~~ as provided by Chapter 21.47 of the Carlsbad Municipal Code; and 23 WHEREAS, the Planning Commission did, on the 21st day of February, 2007, 24 hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony 26 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 27 relating to the Non-Residential Planned 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 c B) That based on the evidence presented at the public hearing, the Commission APPROVES GREYHAWK BUSINESS PARK LOTS 6 AND 7 - PUD 06-03, 6 based on the following findings and subject to the following conditions: 7 Findings: 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 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 governing subdivisions and the design of non-residential planned developments. 12 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 non-residential 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 opportunities for employment of local residents. 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, 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 Eagle Drive and Grey Hawk Court. The subdivision includes 20 all necessary features to be compatible with surrounding development. The non- residential planned development will not pose a safety hazard to the occupants of 21 the industrial zone. 79 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. 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 PCRESON0.6242 -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 ^ 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 ' 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 9 or a successor in interest by the City's approval of this Non-Residential Planned Development Permit. 10 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Non-Residential 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 , , 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 19 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 ^1 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 Non-Residential Planned Development Permit, (b) City's approval or issuance of any permit or action, whether 24 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 25 facility of electromagnetic fields or other energy waves or emissions. 27 6. This approval is granted subject to the approval of CT 06-02 and is subject .to all conditions contained in Planning Commission Resolution No. 6241 for this other28approval incorporated herein by reference. PC RESO NO. 6242 -3- 7. This approval is granted subject to the approval of PIP 05-03 and is subject to all 2 conditions contained in the administrative approval document for this other approval incorporated herein by reference. 3 4 NOTICE 5 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 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 9 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. 11 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 12 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. 15 " 16 17 li 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6242 -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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 21st of February, 2007, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Cardosa, Montgomery, Segall and Whitton NOES: None ABSENT: Commissioners Dominguez and Douglas ABSTAIN: JULIE1 CARLS" ATTEST: Ou. , Chairperson LANNING COMMISSION DON NEU Assistant Planning Director PC RESO NO. 6242 -5-