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Home My WebLink About2007-12-05; Planning Commission; Resolution 6355PLANNING COMMISSION RESOLUTION NO. 6355 1 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A 3 RETROACTIVE THREE-YEAR EXTENSION OF PLANNED INDUSTRIAL PERMIT PIP 02-04 TO ALLOW THE 4 DEMOLITION OF THE EXISTING 154,000 SQUARE FOOT BUILDING, AND TO SUBDIVIDE THE 12.71 ACRE SITE INTO FIVE LOTS FOR THE DEVELOPMENT OF FOUR 6 OFFICE BUILDINGS TOTALING 276,900 SQUARE FEET AND A PARKING DECK STRUCTURE ON PROPERTY 7 GENERALLY LOCATED NORTH OF PALOMAR AIRPORT ROAD, SOUTH OF CANNON ROAD, EAST OF THE RAIL 8 ROAD TRACKS, WEST OF AVENIDA ENCINAS, WITHIN 9 LOCAL FACILITIES MANAGEMENT ZONE 3. CASE NAME: CARLSBAD OFFICE CAMPUS 10 CASE NO.: PIP 02-04x1 11 WHEREAS, Hofman Planning & Engineering, "Developer" has filed a verified 12 application with the City of Carlsbad regarding property owned by Palama Huna LLC, 13 "Owner," described as 14 All that portion of Parcel 1 of Parcel Map No. 16274, in the ^ City of Carlsbad, County of San Diego, State of California, , g filed in the Office of the County Recorder of San Diego County on October 26,1990 17 ("the Property"); and 18 WHEREAS, said verified application constitutes a request for a Planned 20 Industrial Permit Extension (PIP 02-04x1) shown on Exhibits "A" - "U" dated March 8, 2005 21 and Exhibits "A" - "C" dated December 5, 2007, on file in the Planning Department, 22 CARLSBAD OFFICE CAMPUS - PIP 02-04, as provided by Chapter 21.34 of the Carlsbad 23 Municipal Code; and 24 WHEREAS, on March 8, 2005, the City Council approved PIP 02-04, as 25 described and conditioned in City Council Resolution 2005-064 and Planning Commission26 27 Resolution No. 5821 ;and 28 WHEREAS, the Planning Commission did, on the 5th day of December, 2007, hold a duly noticed public hearing as prescribed by law to consider PIP 02-04x1; and WHEREAS, at said public hearing, upon hearing and considering all testimony 2 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 3 relating to the Planned Industrial Permit Extension. 4 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 5 Commission of the City of Carlsbad as follows: 7 A) That the foregoing recitations are true and correct. o B) That based on the evidence presented at the public hearing, the Commission 9 APPROVES CARLSBAD OFFICE CAMPUS - PIP 02-04x1, based on the following findings and subject to the following conditions: 10 Findings; 11 1. All the findings contained in City Council Resolution No. 2005-064 dated March 8, 2005 for PIP 02-05, and referenced in Planning Commission Resolution No. 5821, 13 are incorporated herein by reference and remain in effect. 14 2. 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 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. 17 Conditions: 18 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map recordation or issuance of a grading permit, whichever occurs first. 19 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 revoke or modify all approvals herein granted; deny or further condition issuance of all 22 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 or a successor in interest by the City's approval of this Planned Industrial Permit 25 Extension. 26 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Planned Industrial Permit Extension documents, as 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 this approval. PC RESO NO. 6355 -2- 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 2 regulations in effect at the time of building permit issuance. 3 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 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 6 with all requirements of law. 7 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 representatives, from and against any and all liabilities, losses, damages, demands, o 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 Planned Industrial 10 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 11 (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. 13 7. This approval is granted subject to the approval of CT 02-12x1 and PUD 02-05x1 and is 14 subject to all conditions contained in Planning Commission Resolution No. 6353 and Resolution No. 6354 for these other approvals and is subject to approval of CDP 02- 31x1 by the Planning Director. 8. All the conditions contained in City of Council Resolution No. 2005-064 dated 17 March 8, 2005 for PIP 02-04, and referenced in Planning Commission Resolution No. 5821 are incorporated herein by reference and remain in effect. 18 9. This approval shall become null and void upon the expiration of Tentative Map CT 19 02-12x1. 20 21 22 23 24 25 26 27 28 PC RESO NO. 6355 -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 approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 6 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, I" 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 \2 expired. 13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 14 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, 17 Douglas, and Montgomery 18 NOES: 19 ABSENT: Commissioner Whitton 20 ABSTAIN: 21 " 22 23 JULIE BAKER\Chairperson 24 CARLSBAD PLANNING COMMISSION 25 ATTEST:26 27 28 DON NEU Planning Director PC RESO NO. 6355 -4-