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Home My WebLink About2008-02-06; Planning Commission; Resolution 63731 PLANNING COMMISSION RESOLUTION NO. 6373 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A NON - RESIDENTIAL PLANNED DEVELOPMENT PERMIT TO 4 DEVELOP AN 18,578 SQUARE FOOT OFFICE BUILDING AND TO SUBDIVIDE THE BUILDING INTO 30 AIRSPACE OFFICE CONDOMINIUM UNITS ON A 1.48-ACRE PARCEL 6 GENERALLY LOCATED AT THE SOUTH-EAST CORNER OF EL CAMINO REAL AND COUGAR DRIVE IN LOCAL 7 FACILITIES MANAGEMENT ZONE 5. CASE NAME: EL CAMINO TERRACE 8 CASE NO.: PUD 06-15 9 WHEREAS, Tycoon Development Corporation, "Developer/Owner," has filed 10 a verified application with the City of Carlsbad regarding property described as 12 Parcel 3 of Parcel Map No. 18059, in the City of Carlsbad, County of San Diego, State of California, according to map 13 thereof filed in the San Diego County Recorder's Office on July 2,1998 14 ("the Property"); and 16 WHEREAS, said verified application constitutes a request for a Non-Residential 17 Planned Unit Development Permit as shown on Exhibits "A" - "O" dated February 6, 2008,on 18 file in the Planning Department, EL CAMINO TERRACE - PUD 06-15, as provided by 19 Chapter 21.47 of the Carlsbad Municipal Code; and 20 WHEREAS, the Planning Commission did, on February 6, 2008, hold a duly 21 noticed public hearing as prescribed by law to consider said request; and 23 WHEREAS, at said public hearing, upon hearing and considering all testimony 24 and arguments, if any, of persons desiring to be heard, said Commission considered all factors ?S relating to the Non-Residential Planned Unit Development Permit. 26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 27 Commission of the City of Carlsbad as follows: 28 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission 2 APPROVES EL CAMINO TERRACE - PUD 06-15, based on the following findings and subject to the following conditions: 3 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, all development 7 standards of the Industrial (M) Zone and Qualified Development Overlay (Q) Zone, and Title 20 and 21 regulations governing subdivisions and the design of ° nonresidential planned developments. 9 2. The proposed use at the particular location is necessary and desirable to provide a 10 service 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 on an existing M-Q zoned lot. The project will be compatible with the surrounding uses and the McClellan-Palomar Airport, and will provide opportunities for individual ownership of units and employment of local residents. 13 3. Such use will not be detrimental to the health, safety, or general welfare of persons 14 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 is provided via El Camino Real, Cougar Drive and Palmer Way. The subdivision 17 includes all the necessary features to be compatible with other existing and surrounding development. The nonresidential planned development will not pose a 18 safety hazard to the occupants of the industrial zone. 19 4. The proposed nonresidential planned development meets all of minimum development 20 standards of the underlying zone, except for lot area in that the project proposes to develop 30 airspace condominium units, and all required parking is provided onsite; 21 all required building heights are met; all setbacks are provided; and, all required outdoor employee eating/rest areas are provided. 5. 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 24 deems necessary to protect the public health, safety, and general welfare. 25 6. 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 27 degree of the exaction is in rough proportionality to the impact caused by the project. 28 PC RESO NO. 6373 -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 5 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 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 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, 23 directly 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, 24 whether 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 26 the facility of electromagnetic fields or other energy waves or emissions. 27 6. This approval is granted subject to the approval of CT 06-17, SDP 06-07 and SUP 06- 04, and is subject to all conditions contained in Planning Commission Resolutions No. 6372,6374, and 6375 for those other approvals incorporated herein by reference. PC RESO NO. 6373 -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 February 6, 2008, by the following vote, to wit: AYES:Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez, Douglas, Montgomery, and Whitton JULIE B CARLSB hairperson .NNING COMMISSION DON NEU Planning Director PC RESO NO. 6373 -4-