HomeMy WebLinkAbout2004-04-07; Planning Commission; Resolution 55971
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
PLANNING COMMISSION RESOLUTION NO. 5597
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SPECIAL
LOCATED ON THE EAST SIDE OF EL CAMINO REAL AND
NORTH OF CARLSBAD VILLAGE DRIVE IN LOCAL
FACILITIES MANAGEMENT ZONE 2.
CASE NAME: CARLSBAD MEDICAL PLAZA
USE PERMIT SUP 03-08 ON PROPERTY GENERALLY
CASE NO: SUP 03-08
WHEREAS, John White, “Developer,” has filed a verified application with the
City of Carlsbad regarding property owned by HSP El Camino North, Inc., “Owner,” described
as
That portion of Parcel 2 of Parcel Map No. 13206, in the city of
Carlsbad, County of San Diego, State of California, according
to Map thereof in the Office of the County Recorder of said
County, March 14,1984
(‘the Property”); and
WHEREAS, said verified application constitutes a request for a Special Use
Permit as shown on Exhibits “A” - “G” dated April 7,2004, on file in the Planning Department
CARLSBAD MEDICAL PLAZA - SUP 03-08, as provided by the conditions of approval of
SUP 03-08 and by Chapter 2 1.40/2 1.1 10 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 7th day of April, 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 all persons desiring to be heard, said Commission considered all factors
relating to the Special Use 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.
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
B) That based on the evidence presented at the public hearing, the Commission
APPROVES CARLSBAD MEDICAL PLAZA - SUP 03-08, based on the
following findings and subject to the following conditions:
Findinm:
1. That all findings of SDP 03-16 are incorporated herein by reference.
2. The project is consistent with the purposes of the Scenic Preservation Overlay Zone
in that the project is consistent with the El Camino Real Corridor Standards as the
project has been designed with an Old California/Hispanic architectural theme.
3. That the proposed project complies with the height and setback standards of the El
Camino Real Corridor Standards by maintaining a maximum height of 35 feet and
a minimum front setback of 30 feet.
4. The project complies with the Land Use Element of the General Plan in that the
architectural elements present a tasteful and visually appealing design that is
compatible with the design of other existing, surrounding buildings.
Conditions:
1.
2.
3.
4.
Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the Special Use Permit document(s), as necessary, to make them
internally consistent and in conformity with final action on the project. Development
shall occur substantially as shown in the approved Exhibits. Any proposed development
substantially different from this approval, shall require an amendment to this approval.
This approval is granted subject to the approval of SDP 03-16 and is subject to all
conditions contained in Planning Commission Resolution No. 5596 for those other
approvals incorporated herein by reference.
Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the Special Use Permit document(s) necessary to make them
internally consistent and in conformity with final action on the project. Development
shall occur substantially as shown in the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
Prior to the issuance of the building permit, Developer shall submit to the City a Notice
of Restriction to be filed in the office of the County Recorder, subject to the satisfaction
of the Planning Director, notifying all interested parties and successors in interest that the
City of Carlsbad has issued a Special Use Permit by Resolution No. 5597 on the
property. Said Notice of Restriction shall note the property description, location of the
file containing complete project details and all conditions of approval as well as any
conditions or restrictions specified for inclusion in the Notice of Restriction. The
Planning Director has the authority to execute and record an amendment to the notice
which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
PC RES0 NO. 5597 -2-
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
“feeslexac tions. ”
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 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.
PASSED, APPROVED AND ADOPTED at’a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 7th day of April 2004 by the
following vote, to wit:
AYES: Vice-Chairperson Whitton, Commissioners Dominguez,
Heineman, Montgomery, and Segall
NOES: None
ABSENT: Commissioners Baker and White
ABSTAIN: None
#-A-
/ FRANK WHITTON, Vice-Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HmMmER
Planning Director
PC RES0 NO. 5597 -3-