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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-