HomeMy WebLinkAbout2007-12-19; Planning Commission; Resolution 63681 PLANNING COMMISSION RESOLUTION NO. 6368
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
NONRESIDENTIAL PLANNED DEVELOPMENT PERMIT TO
4 SUBDIVIDE A 20.59-ACRE SITE CURRENTLY APPROVED
5 FOR NINE NONRESIDENTIAL BUILDINGS, INTO
9 AIRSPACE NONRESIDENTIAL CONDOMINIUMS ON
6 PROPERTY GENERALLY LOCATED ALONG THE NORTH
SIDE OF PALOMAR AIRPORT ROAD BETWEEN EAGLE
7 DRIVE AND MELROSE DRIVE IN LOCAL FACILITIES
MANAGEMENT ZONE 18.
CASE NAME: PALOMAR FORUM LOTS 1, 2 & 8
9 CASE NO.: PUD 06-10
10 WHEREAS, Hofman Planning & Engineering, "Applicant," has filed a
verified application with the City of Carlsbad regarding property owned by Palomar Forum
12 Associates, LP, "Owner," described as
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Lots 1, 2, and 8 in Carlsbad Tract 99-06, Palomar Forum, in
14 the City of Carlsbad, County of San Diego, State of California,
., according to map thereof No. 14831, filed in the office of the
County Recorder of San Diego County on June 29, 2004,
16 together with Tiger Run Court, vacated per STV 05-01 by
resolution No. 2006-276 of the Carlsbad City Council on
17 September 19, 2006 and recorded in the office of the County
Recorder of San Diego County on September 27, 2006 as
18 document No. 2006-0688403
19 ("the Property"); and
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WHEREAS, said verified application constitutes a request for a Nonresidential
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22 Planned Unit Development Permit as shown on Exhibits "A" - "I" dated December 19, 2007,
23 on file in the Planning Department, PALOMAR FORUM LOTS 1, 2 & 8 - PUD 06-10, as
24 provided by Chapter 21.47 of the Carlsbad Municipal Code; and
25 WHEREAS, the Planning Commission did, on the 19th day of December, 2007,
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hold a duly noticed public hearing as prescribed by law to consider said request; and
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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.
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5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
6 Commission of the City of Carlsbad as follows:
7 A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
9 APPROVES PALOMAR FORUM LOTS 1, 2 & 8 - PUD 06-10, based on the
following findings and subject to the following conditions:
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Findings:11 *-
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
13 and other governmental agencies in that the proposed project is consistent with the
Planned Industrial (PI) General Plan Land Use designation and all development
14 standards of the Planned Industrial (P-M) Zone and Title 20 and 21 regulations
governing subdivisions and the design of nonresidential planned developments.
. x- 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
17 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
18 office and industrial uses and the McClellan-Palomar Airport, and will provide
opportunities for employment of local residents.
20 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
21 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
23 will be provided by Tiger Run Court, a private street, via Eagle Drive. The
subdivision includes all necessary features to be compatible with surrounding
24 development. The nonresidential planned development will not pose a safety
hazard to the occupants of the industrial zone.
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4. 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
27 deems necessary to protect the public health, safety, and general welfare.
28 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
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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
r 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 Nonresidential Planned
Development Permit.
12 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
13 and modifications to the Nonresidential Planned Development Permit 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.
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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 Q 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
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, claims
24 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
Development Permit, (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 facility permitted hereby,
27 including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions.28
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6. The Developer shall submit to the Planning Director a recorded copy of the
2 Condominium Plan filed with the Department of Real Estate which is in conformance
with the City-approved documents and exhibits.
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7. This approval is granted subject to the approval of CT 06-11 and is subject to all
4 conditions contained in Planning Commission Resolution No. 6367 for those other
r • approvals incorporated herein by reference.
6 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."
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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
12 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
1 . 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,
15 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
16 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 19th day of December, 2007, by the
following vote, to wit:
AYES:
NOES:
Commissioners Boddy, Cardosa, Dominguez, Douglas,
Montgomery, and Whitton
ABSENT: Chairperson Baker
ABSTAIN:
MICHAEL CARDOSA, Vice Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
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