HomeMy WebLinkAbout2004-01-21; Planning Commission; Resolution 55341
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PLANNING COMMISSION RESOLUTION NO. 5534
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING PLANNED
5.38 ACRES INTO SEVEN LOTS ON PROPERTY
GENERALLY LOCATED NORTH OF PALOMAR AIRPORT
ROAD AND EAST LOKER AVENUE WEST IN LOCAL
FACILITIES MANAGEMENT ZONE 5.
UNIT DEVELOPMENT PERMIT PUD 03-08 TO SUBDIVIDE
CASE NAME:
CASE NO.: PUD 03-08
PROMONTORY BUSINESS PARK-LOT 21
WHEREAS, Pacific Star-Essex Carlsbad, LLC, as “Developer/Owner,” has
filed a verified application with the City of Carlsbad regarding property described as
Lot 21 of Carlsbad Tract No. 74-21, in the City of Carlsbad,
County of San Diego, State of California, according to map
thereof No. 10372, filed in the office of the County Recorder of
San Diego County, April 13,1982
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Planned Unit
Development Permit as shown on Exhibit “A” dated January 21, 2004, on file in the Planning
Department, PROMONTORY BUSINESS PARK-LOT 21 - PUD 03-08, as provided by
Chapter 2 1.47 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 21st day of January 2004,
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
relating to the Planned Unit Development Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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
based on the following findings and subject to the following conditions:
APPROVES PROMONTORY BUSINESS PARK-LOT 21 - PUD 03-08,
Findings :
1. That the granting of this permit will not adversely affect and will be consistent with the
Municipal Code, the General Plan, applicable specific plans, master plans, and all
adopted plans of the City and other governmental agencies, in that the proposed
subdivision is consistent with the General Plan and all development standards of the
Planned Industrial zone. The project is consistent with all Title 20 and Title 21
regulations governing subdivisions and the design of non-residential planned
developments.
2. That the proposed use at the particular location is necessary and desirable to provide a
service or facility which will contribute to the general long-term well-being of the
neighborhood and the community, in that the proposed subdivision will be located in
an existing industrial park with a campus-like setting. The project will be
compatible with the adjacent office and industrial uses and will provide
opportunities for employment of local residents.
3. That such project 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 vicinity, in that the project meets all applicable city standards and ordinances,
and all public facilities and services exist. Adequate access to the site is provided
from Loker Avenue West. The subdivision includes all necessary features to be
compatible with surrounding development. The subdivision will not pose a safety
hazard to the occupants of the industrial zone.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of
a Final Map.
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
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; 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 Non-Residential Planned Development Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Non-Residen tial 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.
PC RES0 NO. 5534 -2-
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Any proposed development different from this approval, shall require an amendment to
this approval.
3. This approval is granted subject to the approval of CT 03-12 and is subject to all
conditions contained in Planning Commission Resolution No. 5533 for those other
approvals.
4. This non-residential Planned Development Permit shall expire concurrently with
CT 03-12.
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 feedexactions. 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 feedexactions
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 feedexactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PC RES0 NO. 5534 -3-
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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 21st day of January 2004, by the
following vote, to wit:
AYES: Chairperson White, Commissioners Baker, Dominguez, Heineman,
Montgomery, Segall, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
MELISSA WHITE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
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Planning Director
PC RES0 NO. 5534 -4-