HomeMy WebLinkAbout2007-02-07; Planning Commission; Resolution 62401 PLANNING COMMISSION RESOLUTION NO. 6240
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A NONRESIDENTIAL PLANNED
4 DEVELOPMENT PERMIT TO SUBDIVIDE A 20.824-ACRE
5 SITE WITH 18 PREVIOUSLY APPROVED INDUSTRIAL
BUILDINGS INTO 93 AIRSPACE NONRESIDENTIAL
6 CONDOMINIUM UNITS AND ONE COMMON AREA LOT
GENERALLY LOCATED ALONG THE SOUTH SIDE OF
7 PALOMAR AIRPORT ROAD, EAST OF INNOVATION WAY,
AND NORTH OF GATEWAY ROAD IN THE P-M (PLANNED
8 INDUSTRIAL) ZONE, BRESSI RANCH MASTER PLAN,
9 PLANNING AREA 4, AND LOCAL FACILITIES
MANAGEMENT ZONE 17.
10 CASE NAME: THE TOWERS AT BRESSI RANCH
CASE NO.: PUD 06-02
11
j2 WHEREAS, Ryan Companies US, Inc., "Developer," has filed a verified
13 application with the City of Carlsbad regarding property owned by Palomar Airport Road,
14 LLC, a Minnesota limited liability company, "Owner," described as
15 Lots 24 though 28, inclusive, of Carlsbad Tract CT 02-15, in
16 the City of Carlsbad, County of San Diego, State of California,
according to Map thereof No. 14960, filed in the Office of the
17 County Recorder of San Diego County on February 4,2005
18 ("the Property"); and
19 WHEREAS, said verified application constitutes a request for a Non-Residential
20
Planned Development Permit as shown on Exhibits "A" - "E" dated February 7, 2007, on file
21
in the Planning Department, THE TOWERS AT BRESSI RANCH - PUD 06-02, as provided
23 by Chapter 21.47 of the Carlsbad Municipal Code; and
24 WHEREAS, the Planning Commission did, on the 7th day of February, 2007,
25 hold a duly noticed public hearing as prescribed by law to consider said request; and
26 WHEREAS, at said public hearing, upon hearing and considering all testimony
27
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
28
relating to the Non-Residential Planned Development Permit.
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2 Commission of the City of Carlsbad as follows:
3
A) That the foregoing recitations are true and correct.
4
- B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of PUD 06-02 - THE TOWERS AT BRESSI
6 RANCH, based on the following findings and subject to the following conditions:
Findings;
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
and other governmental agencies in that the proposed project is consistent with the
10 Planned Industrial (PI) General Plan Land Use designation and all development
standards of the Planned Industrial (P-M) Zone and Title 20 and 21 regulations
governing subdivisions and the design of nonresidential planned developments.
12 2. The proposed use at the particular location is necessary and desirable to provide a
13 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
14 located on an existing P-M zoned lot. The project will be compatible with the
surrounding industrial uses and the McClellan-Palomar Airport, and will provide
15 opportunities for individual ownership of units and employment of local residents.
16 3. Such use will not be detrimental to the health, safety, or general welfare of persons
17 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
will be provided via Palomar Airport Road, Gateway Road, Innovation Way and
20 Colt Place. The subdivision includes all necessary features to be compatible with
surrounding development. The nonresidential planned development will not pose a
21 safety hazard to the occupants of the industrial zone.
99^ 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
deems necessary to protect the public health, safety, and general welfare.
24
5. The Planning Commission has reviewed each of the exactions imposed on the Developer
25 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.
27
28
PC RESO NO. 6240 -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
c 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
^2 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
jg 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
25 the facility of electromagnetic fields or other energy waves or emissions.
27 6. This approval is granted subject to the approval of CT 06-20 and is subject to all
conditions contained in Planning Commission Resolution No. 6239 for those other
2° approvals incorporated herein by reference.
PC RESO NO. 6240 -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
7. This project shall comply with all conditions required as part of the Planned
Industrial Permit (PIP 05-24) approval dated May 31,2006.
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 the 7th day of February, 2007, by the
following vote, to wit:
AYES:
NOES:
Chairperson Baker, Commissioners Cardosa, Dominguez, Douglas,
Montgomery, Segall and Whitton
;R, Chairperson
PLANNING COMMISSION
DONNEU
Assistant Planning Director
PC RESO NO. 6240 -4-