HomeMy WebLinkAbout2004-10-06; Planning Commission; Resolution 57451
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PLANNING COMMISSION RESOLUTION NO. 5745
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SPECIAL
DEVELOPMENT OF FOUR INDUSTRIAL/OFFICE
BUILDINGS ON A SITE GENERALLY LOCATED ON THE
SOUTH SIDE OF FARADAY AVENUE AND EAST OF EL
MENT ZONE 5.
USE PERMIT AMENDMENT SUP 97-05(B) TO ALLOW THE
CAMINO REAL WITHIN LOCAL FACILITIES MANAGE-
CASENAME: CARLSBAD CORPORATE CENTER -
PARCEL C
CASE NO.: SUP 97-05(B)
WHEREAS, H. G. Fenton Company, “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by H. G. Fenton Company/
Fenton Carlsbad LLC, “Owner,” described as
Parcel C of Minor Subdivision No. 98-11 in the City of
Carlsbad, County of San Diego, State of California, according
to Parcel Map No. 18416, filed in the Office of the County
Recorder of San Diego County on January 26,2000 as File No.
2000-39031 of official records
(“the property”); and
WHEREAS, said verified application constitutes a request for a Special Use Permit
Amendment as shown on Exhibits “A” - “N” dated October 6, 2004, on file in the Carlsbad
Planning Department, CARLSBAD CORPORATE CENTER - PARCEL C - SUP 97-05(B)
as provided by Chapter 21.40 and Chapter 21.1 10 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 6th day of October 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 SUP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the publi hearing, the Commission
05(B), based on the following findings and subject to the following conditions:
APPROVES CARLSBAD CORPORATE CENTER - PARCEL C - SUP 97-
Findinps:
1. 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 a “campus” look which makes it consistent with
other existing development in the corridor. The project meets all the development
standards identified for this area as the design theme is a planned campus type, the
buildings maintain a maximum height of 35 feet, there is no cut or fill exceeding 15
feet and the landscaped setback from El Camino Real is a minimum of 30 feet.
2. The Planning Commission of the City of Carlsbad does hereby find:
a. it has reviewed, analyzed and considered the Mitigated Negative Declaration, the
environmental impacts therein identified for this project and said comments
thereon, and Mitigation, Monitoring and Reporting Program (the Program), on
file in the Planning Department, prior to APPROVAL of the project; and
b. the Mitigated Negative Declaration and the Program have been prepared in
accordance with requirements of the California Environmental Quality Act, the
State Guidelines and the Environmental Protection Procedures of the City of
Carlsbad; and
c. they reflect the independent judgment of the Planning Commission of the City of
Carlsbad; and
d. based on the EIA Part I1 and comments thereon, the Planning Commission, finds
that there is no substantial evidence the project will have a significant effect on
the environment.
3. The Planning Commission hereby finds that the Program is designed to ensure that
during project implementation the Developer and any other responsible parties implement
the project components and comply with the feasible mitigation measures identified in
the CEQA Findings and the Program.
4. 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
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.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
grading permit or building permit, whichever occurs first.
PC RES0 NO. 5745 -2-
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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
fwture building permits; deny, revoke or further condition all certificates of occupancy
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
or a successor in interest by the City’s approval of this Special Use Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Special Use 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.
3. This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program and SDP 97-08(B) and is subject
to all conditions contained in Planning Commission Resolution No. 5743 and 5744 for
that other approval.
4. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
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, directly
or indirectly, from (a) City’s approval and issuance of this Special Use Permit, and (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein. This obligation survives
until all legal proceedings have been concluded and continues even if the City’s approval
is not validated.
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PC RES0 NO. 5745 -3-
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NOTICE
Please take NOTICE that the 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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 6th day of October 2004, by the
following vote, to wit:
AYES: Vice Chairperson Baker, Commissioners Cardosa, Dominguez,
Montgomery, and Segall
NOES:
ABSENT: Chairperson Whitton and Commissioner Heineman
ABSTAIN:
Vice Chairperson
COMMISSION
ATTEST:
MICHAEL J. H~ZMI~ER
Planning Director
PC RES0 NO. 5745 -4-