HomeMy WebLinkAbout2005-05-04; Planning Commission; Resolution 58831
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PLANNING COMMISSION RESOLUTION NO. 5883
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
35,000 SQUARE FOOT FITNESS FACILITY WITHIN A
PROPOSED 85,000 SQUARE FOOT BUILDING ON A 15.69
ACRE SITE LOCATED ADJACENT AND ON THE SOUTH
SIDE OF PALOMAR AIRPORT ROAD AND EAST OF
AVIARA PARKWAY IN THE MELLO I1 SEGMENT OF THE
LOCAL COASTAL PROGRAM AND LOCAL FACILITIES
MANAGEMENT ZONE 5.
CASE NAME: BILTMORE
CONDITIONAL USE PERMIT 05-04 TO CONSTRUCT A
CASE NO.: CUP 05-04
WHEREAS, Ascent-Biltmore Carlsbad LLC, “Developer/Owner,” has filed a
verified application with the City of Carlsbad regarding property described as
That portion of that certain parcel of land shown and
designated as description No. 3 78.01 acres on record of survey
Map No. 5715 filed in the Office of the County Recorder of San
Diego, December 19, 1960, being a portion of Lot G of the
Rancho Agua Hedionda, according to map thereof No 823,
filed in the Office of the County Recorder of San Diego,
November 16, 1896 in the City of Carlsbad, County of San
Diego, State of California, lying southerly of the centerline of
Palomar Airport Road, as shown on County of San Diego Road
Survey No. 1534, on file in the office of the County Surveyor of
said County
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits “A” - “J” dated May 4,2005, on file in the Planning Department,
BILTMORE CUP 05-04, as provided by Chapter 21.42 andor 21.50 of the Carlsbad Municipal
Code; and
WHEREAS, the Planning Commission did, on the 4th day of May 2005, hold a
duly noticed public hearing as prescribed by law to consider said request; and
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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 CUP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
APPROVES BILTMORE - CUP 05-04, based on the following findings and
subject to the following conditions:
Findinm :
1.
2.
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4.
5.
That the requested use is necessary or desirable for the development of the community, is
essentially in harmony with the various elements and objectives of the General Plan, and
is not detrimental to existing uses specifically permitted in the zone in which the
proposed use is located, in that the health club facility will provide services in close
proximity to the occupants of the Planned Industrial Land Use designation and the
Planned Industrial zone.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the 35,000 square foot fitness facility is proposed to be located on the ground
floor of a proposed 85,000 square foot, three story professional office building and
that adequate parking is provided.
That all the yards, setbacks, walls, fences, landscaping, and other features necessary to
adjust the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that the 35,000 square foot fitness facility is part of a
proposed 85,000 square foot office building that when developed will include all
features that may be appropriate to the proposed use.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the proposed Laurel Tree Road will be adequate
to handle the 1,400 ADT generated by the proposed 85,000 square foot office
building, including the 35,000 square foot fitness facility, and that the signalized
intersection of Laurel Tree Road and Aviara Parkway is existing and adequate in
capacity. The fitness facility will generate traffic in the off-peak hours, thus further
reducing traffic impacts.
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.
PC RES0 NO. 5883 -2-
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Conditions:
Note:
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2.
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6.
Unless otherwise specified herein, all conditions shall be satisfied prior to grading permit
or building permit, whichever occurs first.
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; 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 Conditional Use Permit.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional 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.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment
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
unless the City Council determines that the project without the condition complies with
all requirements of law.
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 Conditional Use Permit, (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, 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 the facility of
electromagnetic fields or other energy waves or emissions. This obligation survives until
all legal proceedings have been concluded and continues even if the City’s approval is not
validated.
Approval is granted for CUP 05-04 as shown on Exhibits “A” - “J” dated May 4,2005,
on file in the Planning Department and incorporated herein by reference. Development
shall occur substantially as shown unless otherwise noted in these conditions.
PC RES0 NO. 5883 -3-
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7.
8.
9.
This approval is granted subject to the approval of SDP 01-01(B) and CDP 01-02(B) and
is subject to all conditions contained in Planning Commission Resolutions No. 5881 and
5882 for those other approvals incorporated herein by reference.
This Conditional Use Permit shall be reviewed by the Planning Director annually to
determine if all conditions of this permit have been met and that the use does not have a
substantial negative effect on surrounding properties or the public health and welfare. If
the Planning Director determines that the use has such substantial negative effects, the
Planning Director shall recommend that the Planning Commission, after providing the
permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
substantial negative effects.
This Conditional Use Permit is granted for a period of 10 years from May 4, 2005 to
May 3,2015. This permit may be revoked at any time after a public hearing, if it is found
that the use has a substantial detrimental effect on surrounding land uses and the public’s
health and welfare, or the conditions imposed herein have not been met. This permit may
be extended for a reasonable period of time not to exceed 10 years upon written
application of the permittee made no less than 90 days prior to the expiration date. The
Planning Commission may not grant such extension, unless it finds that there are no
substantial negative effects on surrounding land uses or the public’s health and welfare.
If a substantial negative effect on surrounding land uses or the public’s health and welfare
is found, the extension shall be denied or granted with conditions which will eliminate or
substantially reduce such effects. There is no limit to the number of extensions the
Planning Commission may grant.
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 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.
...
PC RES0 NO. 5883 -4-
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PASSED, APPROVED AND ADOPTED
Commission of the City of Carlsbad, California, held 1
following vote, to wit:
at a regular meeting of the Planning
n the 4th day of May 2005 by the
AYES: Chairperson Segall, Commissioners Baker, Cardosa and Whitton
NOES:
ABSENT: Commissioners Dominguez, Heineman and Montgomery
ABSTAIN:
99 N. SEGALL, airperson
CARLSBAD PLmG COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
PC RES0 NO. 5883 -5-