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Home My WebLink About2008-03-19; Planning Commission; Resolution 63991 PLANNING COMMISSION RESOLUTION NO. 6399 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING NON- RESIDENTIAL PLANNED UNIT DEVELOPMENT PERMIT 4 PUD 07-07 TO SUBDIVIDE A 4.30-ACRE SITE WITH 5 5 PREVIOUSLY APPROVED INDUSTRIAL BUILDINGS INTO 14 AIRSPACE NON-RESIDENTIAL CONDOMINIUM UNITS 6 ON ONE COMMON AREA LOT GENERALLY LOCATED ON THE NORTHEAST CORNER OF GATEWAY ROAD AND 7 CAMPBELL PLACE IN THE P-M (PLANNED INDUSTRIAL) ZONE, PLANNING AREA 3 OF THE BRESSI RANCH 8 MASTER PLAN, AND LOCAL FACILITIES MANAGEMENT 9 ZONE 17. CASE NAME: OCEANS COLLECTION 10 CASE NO.: PUD 07-07 WHEREAS, Urban West, "Developer," has filed a verified application with the 12 City of Carlsbad regarding property owned by Bressi Ocean Collection, LLC, "Owner," 13 described as 14 Lots 17 & 18 of Carlsbad Tract No. CT 02-15 Bressi Ranch, in the City of Carlsbad, County of San Diego, State of California, 16 According to Map Thereof No. 14960, Filed in the Office of the County Recorder of San Diego County, February 4, 2005, 17 Being Shown as Parcel A on Certificate of Compliance for Adjustment Plat (ADJ 06-09, CE 06-29) Recorded December 18 20, 2006 as File No. 2006-0902548 of Official Records. 19 ("the Property"); and 20 WHEREAS, said verified application constitutes a request for a Non-Residential 21 Planned Unit Development Permit as shown on Exhibit(s) "A" - "C" dated March 19, 2008, on 23 file in the Planning Department, OCEANS COLLECTION - PUD 07-07, as provided by 24 Chapter 21.47 of the Carlsbad Municipal Code; and 25 WHEREAS, the Planning Commission did, on March 19, 2008, hold a duly 26 noticed public hearing as prescribed by law to consider said request; and 27 WHEREAS, at said public hearing, upon hearing and considering all testimony 28 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 2 relating to the Non-Residential Planned Unit Development Permit. 3 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 4 Commission of the City of Carlsbad as follows: 6 A) That the foregoing recitations are true and correct. 7 B) That based on the evidence presented at the public hearing, the Commission APPROVES OCEANS COLLECTION - PUD 07-07, based on the following findings and subject to the following conditions: 9 Findings: 10 1. 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 12 and other governmental agencies in that the proposed project is consistent with the Planned Industrial (PI) General Plan Land Use designation and all development 13 standards of the Planned Industrial (P-M) Zone and Title 20 and 21 regulations governing subdivisions and the design of non-residential planned developments. 14 2. The proposed use at the particular location is necessary and desirable to provide a service or facility, which will contribute to the general well-being of the neighborhood and the community in that the proposed non-residential planned development will be located on an existing P-M zoned lot. The project will be compatible with the 17 surrounding industrial and residential uses and the Airport Land Use Compatibility Plan for the McClellan-Palomar Airport, and will provide opportunities for individual ownership of units and employment of local residents. 19 Such use will not be detrimental to the health, safety, or general welfare of persons 20 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 Airport Land Use Compatibility Plan for the McClellan-Palomar 22 Airport, and all public facilities and services will be extended to the site. Adequate access to the site will be provided via Campbell Place and Gateway Road. The 23 subdivision includes all necessary features to be compatible with surrounding development. The non-residential planned development will not pose a safety 24 hazard to the occupants of the surrounding industrial zone or the residential use to the southeast. ^U 26 5. In granting a non-residential planned development permit, the City Council, Planning Commission or Planning Director may modify the plan or impose such conditions as it 27 deems necessary to protect the public health, safety, and general welfare. 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 PCRESONO. 6399 -2- to mitigate impacts caused by or reasonably related to the project, and the extent and the 2 degree of the exaction is in rough proportionality to the impact caused by the project. 3 Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of <-the Final Map. 6 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 7 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 future building permits; deny, revoke, or further condition all certificates of occupancy 9 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 1 0 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 Non-Residential Planned Unit Development Permit. 12 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 1 3 and modifications to the Non-Residential Planned Unit Development Permit documents, as necessary to make them internally consistent and in conformity with the 14 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. 16 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 17 regulations in effect at the time of building permit issuance. 1 8 4. If any condition for construction of any public improvements or facilities, or the payment in 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 20 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 all requirements of law. 22 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 23 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, 24 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 Unit Development, (b) City's approval or issuance of any permit or action, 25 whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted 27 hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions.28 PC RESO NO. 6399 -3- 6. This approval is granted subject to the approval of CT 07-12 and is subject to all 2 conditions contained in Planning Commission Resolution No 6398 for those other approvals 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." 7 You have 90 days from date of final approval to protest imposition of these fees/exactions. If 8 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 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6399 -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 March 19, 2008, by the following vote, to wit: AYES: NOES: Commissioners Baker, Boddy, Cardosa, Douglas, and Chairperson Whitton ABSENT: Commissioners Dominguez and Montgomery ABSTAIN: FRANK WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: ''DON NEU Planning Director PC RESO NO. 6399 -5-