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Home My WebLink About2007-12-05; Planning Commission; Resolution 63541 PLANNING COMMISSION RESOLUTION NO. 6354 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A RETROACTIVE THREE-YEAR EXTENSION OF A NON- 4 RESIDENTIAL PLANNED DEVELOPMENT PERMIT PUD 02- 5 05 TO ALLOW THE DEMOLITION OF THE EXISTING 154,000 SQUARE FOOT BUILDING, AND TO SUBDIVIDE THE 12.71 6 ACRE SITE INTO FIVE LOTS FOR THE DEVELOPMENT OF FOUR OFFICE BUILDINGS TOTALING 276,900 SQUARE 7 FEET AND A PARKING DECK STRUCTURE ON PROPERTY GENERALLY LOCATED NORTH OF PALOMAR AIRPORT 8 ROAD, SOUTH OF CANNON ROAD, EAST OF THE RAIL 9 ROAD TRACKS, WEST OF AVENIDA ENCINAS, WITHIN LOCAL FACILITIES MANAGEMENT ZONE 3. 10 CASE NAME: CARLSBAD OFFICE CAMPUS CASE NO.: PUD 02-05x1 11 12 WHEREAS, Hofman Planning & Engineering, "Developer," has filed a verified 13 application with the City of Carlsbad regarding property owned by Palama Huna LLC, 14 "Owner," described as All that portion of Parcel 1 of Parcel Map No. 16274, in the 16 City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County 17 on October 26,1990 18 ("the Property"); and 19 WHEREAS, said verified application constitutes a request for a Non-Residential 20 Planned Development Permit Extension (PUD 02-05x1) as shown on Exhibits "A" - "U" dated 21 22 March 8, 2005 and Exhibits "A" - "C" dated December 5, 2007, on file in the Planning 23 Department, CARLSBAD OFFICE CAMPUS - PUD 02-05, as provided by Chapter 21.47 of 24 the Carlsbad Municipal Code; and 25 WHEREAS, on March 8, 2005, the City Council approved PUD 02-05, as 26 described and conditioned in City Council Resolution 2005-064 and Planning Commission 27 Resolution No. 5820; and28 1 WHEREAS, the Planning Commission did, on the 5th day of December, 2007, 2 hold a duly noticed public hearing as prescribed by law to consider PUD 02-05x1; and 3 WHEREAS, at said public hearing, upon hearing and considering all testimony4 c and arguments, if any, of persons desiring to be heard, said Commission considered all factors 6 relating to the Non-Residential Planned Development Permit Extension. 7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning o Commission of the City of Carlsbad as follows: 9 A) That the foregoing recitations are true and correct. 10 B) That based on the evidence presented at the public hearing, the Commission 11 APPROVES CARLSBAD OFFICE CAMPUS - PUD 02-05x1, based on the j2 following findings and subject to the following conditions: 13 Findings; 14 1. All the findings contained in City Council Resolution No. 2005-064 dated March 8, 2005 for PUD 02-05, and referenced in Planning Commission Resolution No. 5820, 5 are incorporated herein by reference and remain in effect. 16 2. The Planning Commission has reviewed each of the exactions imposed on the Developer 17 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 1 8 degree of the exaction is in rough proportionality to the impact caused by the project. 19 Conditions; 20 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map 21 recordation or issuance of a grading permit, whichever occurs first. 22 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 23 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 24 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 25 issued under the authority of approvals herein granted; record a notice of violation on the »fi 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 27 or a successor in interest by the City's approval of this Non-Residential Planned Development Permit Extension. 28 PC RESO NO. 6354 -2- 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 2 and modifications to the Non-Residential Planned Development Permit Extension documents, as necessary to make them internally consistent and in conformity with the 3 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 this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 6 regulations in effect at the time of building permit issuance. 7 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 challenged, this approval shall be suspended as provided in Government Code Section 9 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 10 all requirements of law. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold , 2 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, 13 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 Non-Residential Planned Development Permit Extension, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the 15 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. 17 6. This approval is granted subject to the approval of CT 02-12x1 and PIP 02-04x1 and is subject to all conditions contained in Planning Commission Resolution No. 6353 and 19 Resolution No. 6355 for these other approvals and is subject to approval of CDP 02- 31x1 by the Planning Director. 20 7. All the conditions contained in City of Council Resolution No. 2005-064 dated March 8, 2005 for PUD 02-05, and referenced in Planning Commission Resolution 22 No. 5820 are incorporated herein by reference and remain in effect. 23 8. This approval shall become null and void upon the expiration of Tentative Map CT 02-12x1. 24 25 26 27 28 PCRESONO. 6354 -3- 1 NOTICE 2 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 4 "fees/exactions." 5 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 g annul their imposition. 9 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 11 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 12 expired. 13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 5th day of December, 2007, by the following vote, to wit: 16 AYES: Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez, Douglas, and Montgomery 18 NOES: 19 ABSENT: Commissioner Whitton 20 ABSTAIN:21 22 23 „ JULIE B^KER\Chairperson 24 CARLSBAD PLANNING COMMISSION 25 ATTEST: 26 27 ii DONNEU28Planning Director PC RESO NO. 6354 -4-