HomeMy WebLinkAbout2005-11-02; Planning Commission; Resolution 59831
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PLANNING COMMISSION RESOLUTION NO. 5983
A RESOLUTION OF THE PLANNING COMMISSION OF THE
RESIDENTIAL PLANNED UNIT DEVELOPMENT PERMIT
SEPARATE LOTS (2 FOR OFFICE BUILDINGS AND 1 FOR
OPEN SPACE) AND 8 COMMERCIAL AIRSPACE
CONDOMINIUM UNITS LOCATED ON THE NORTHEAST
CORNER OF EL CAMINO REAL AND CASSIA ROAD IN
LOCAL FACILITIES MANAGEMENT ZONE 10.
CASE NAME: CASSIA PROFESSIONAL OFFICES
CITY OF CARLSBAD, CALIFORNIA, APPROVING A NON -
TO SUBDIVIDE AND GRADE A 3.3 1 -ACRE PARCEL INTO 3
CASE NO.: PUD 05-04
WHEREAS, Franz-Yut El Camino, A Limited Liability Company,
“Developer,” has filed a verified application with the City of Carlsbad regarding property owned
by Bressi Daughters’ Trust U/D/T dated November 22,2000, “Owner,” described as
A portion of parcel 2 of Parcel Map 1188, recorded December
20, 1972, as File No. 340344, being a portion of fractional
Section 23, Township 12 South, Range 4 West, San Bernardino
Meridian, being within the City of Carlsbad, County of San
Diego, State of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Non-Residential
Planned Unit Development Permit as shown on Exhibits “A” - “Q” dated November 2, 2005,
on file in the Planning Department, CASSIA PROFESSIONAL OFFICES - PUD 05-04 as
provided by Chapter 21.47 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 2nd day of November 2005,
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 persons desiring to be heard, said Commission considered all factors
relating to the Non-Residential Planned Unit Development Permit.
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 public hearing, the Commission
APPROVES CASSIA PROFESSIONAL OFFICES - PUD 05-04, based on the
following findings and subject to the following conditions:
Findinm:
1.
2.
3.
4.
5.
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 office and veterinarian uses are
appropriate in the Office land use and zoning designations, that the proposed
development meets the minimum development standards for the Office zone, and
that adequate separation of uses would ensure compatibility with the adjacent
residential land uses.
The proposed use at the particular location is necessary and desirable to provide a
service or facility, which will contribute to the general well being of the neighborhood
and the community in that the proposed medical office and veterinarian buildings
will support medical services to residents, workers, and cats within the community.
Such use will not be detrimental to the health, safety or general welfare of persons
residing or working in the vicinity, or injurious to property or improvements in the
vicinity in that the proposed office use is a compatible use with the adjacent multi-
family residential and open space uses.
The proposed nonresidential planned development meets all of minimum development
standards of the underlying zone, except for lot area in that each lot has four airspace
units contained within each proposed building.
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.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of
final map or grading permit, whichever occurs first.
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
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
PC RES0 NO. 5983 -2-
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2.
3.
4.
5.
or a successor in interest by the City’s approval of this Nonresidential Planned
Development Permit.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Nonresidential Planned Development 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.
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 Nonresidential Planned
Development 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 approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, GPA 05-03, ZC 05-01, LFMP
87-10(A), HMPP 05-06, CT 05-06, SDP 05-03, CUP 05-01, HDP 05-02 and SUP 05-
01 and is subject to all conditions contained in Planning Commission Resolution No.
5977, 5978, 5979, 5980, 5981, 5982, 5984, 5985, 5986 and 5987 for those other
approvals.
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.
PC RES0 NO. 5983 -3-
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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 2nd day of November 2005, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Whitton
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
PC RES0 NO. 5983 -4-