HomeMy WebLinkAbout2007-10-17; Planning Commission; Resolution 63371 PLANNING COMMISSION RESOLUTION NO. 6337
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, FOR APPROVAL OF A
NON-RESIDENTIAL PLANNED DEVELOPMENT PERMIT TO
4 ALLOW THE CONVERSION OF AN EXISTING THREE-
5 STORY OFFICE BUILDING INTO 24 AIRSPACE NON-
RESIDENTIAL BUILDINGS TOTALING 32,250 SQUARE-
6 FEET LOCATED AT 2710 LOKER AVENUE WEST WITHIN
LOCAL FACILITIES MANAGEMENT ZONE 5.
7 CASE NAME: ATRIUM II OFFICE CONDOS
CASE NO.: PUD 06-078
9 WHEREAS, Franz-Atrium, LP, "Developer/Owner," has filed a verified
10 application with the City of Carlsbad regarding property described as
Parcel 1 of Parcel Map No. 18720, in the City of Carlsbad,
, 2 County of San Diego, State of California, filed in the Office of
the County Recorder of San Diego County, June 5, 2001 as file
13 No. 2001-0368564 of official records
14 ("the Property"); and
WHEREAS, said verified application constitutes a request for a Nonresidential
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Planned Unit Development Permit as shown on Exhibits "A" - "F" dated October 17, 2007, on
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file in the Planning Department ATRIUM II OFFICE CONDOS - PUD 06-07 as provided by18
Chapter 21.47 of the Carlsbad Municipal Code; and
20 WHEREAS, the Planning Commission did, on the 17th day of October 2007,
hold a duly noticed public hearing as prescribed by law to consider said request; and
22 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
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relating to the Nonresidential Planned Unit Development Permit.
26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
27 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
2 APPROVES ATRIUM II OFFICE CONDOS - PUD 06-07 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 proposed project is consistent with the
Planned Industrial (PI) General Plan Land Use designation and all development
7 standards of the Carlsbad Airport Business Center Specific Plan (SP-200), the
Planned Industrial (P-M) Zone and Carlsbad Municipal Code Title 20 and 21
" regulations governing subdivisions and the design of nonresidential planned
developments.
10 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
11 community in that the proposed nonresidential planned development will be located
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
13 opportunities for employment of local residents.
14 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 (CLUP),
and all public facilities and services already exist at the site. Adequate access to the
17 site exists via Loker Avenue West. The subdivision includes all necessary features
to be compatible with surrounding development. The nonresidential planned
development will not pose a safety hazard to the occupants of the industrial zone.
19 4. In granting a Nonresidential Planned Development (PUD) permit, the City Council,
20 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.
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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
23 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.
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Conditions:
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of
the final map.
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1. If any of the following conditions fail to occur; or if they are, by their terms, to be
28 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
PC RESO NO. 6337 -2-
revoke or modify all approvals herein granted; deny or further condition issuance of all
2 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
3 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 Nonresidential Planned
e Development Permit.
6 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
7 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
9 this approval.
10 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.
12 4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
13 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
14 unless the City Council determines that the project without the condition complies with
all requirements of law.
5. 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
17 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 Nonresidential Planned
in 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
20 (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.
22 6. This approval is granted subject to the approval of CT 06-09 and is subject to all
23 conditions contained in Planning Commission Resolution No. 6336 for those other
approvals incorporated herein by reference.
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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 17th day of October 2007, by the
following vote, to wit:
AYES:
NOES:
Chairperson Baker, Commissioners Boddy, Cardosa, Douglas,
Montgomery, and Whitton
ABSENT: Commissioner Dominguez
ABSTAIN:
JULIE B
CARLSBA
ATEST:
hairperson
ANNING COMMISSION
DONNEU
Planning Director
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