HomeMy WebLinkAbout2005-11-02; Planning Commission; Resolution 59871
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PLANNING COMMISSION RESOLUTION NO. 5987
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING OF A
SCENIC CORRIDOR SPECIAL USE PERMIT PURSUANT TO
THE EL CAMINO REAL CORRIDOR DEVELOPMENT
PARCEL INTO 3 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
STANDARDS TO SUBDIVIDE AND GRADE A 3.31-ACRE
CASE NO: SUP 05-01
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 Scenic Corridor
Special Use Permit [Amendment] as shown on Exhibits “A” - “Q” dated November 2,2005, on
file in the Planning Department CASSIA PROFESSIONAL OFFICES - SUP 05-01, as
provided by Chapter 21.40 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 all persons desiring to be heard, said Commission considered all factors
relating to the Scenic Corridor Special Use Permit.
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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.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES CASSIA PROFESSIONAL OFFICES - SUP 05-01, based on the
following findings and subject to the following conditions:
Findinps :
1. The proposed project conforms to the intent of the Scenic Preservation Overlay in that
the project complies with the provisions of the El Camino Real Corridor
Development Standards and that the proposed office project is designed with
similar architectural styled buildings to create a “campus” like design and that the
buildings provide adequate setbacks from El Camino Real to preclude a “tunnel
effect” of buildings along the roadway. The project does not obscure scenic views or
impair traffic safety along El Camino Real.
2. The proposed project implements the goals and objectives of the General Plan in that the
property is proposed to be developed with office uses which is consistent with the
Office land use designation.
3. 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 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 modi9 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 Special Use Permit.
2. Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the Special Use Permit documents necessary to make them
internally consistent and in conformity with final action on the project. Development
PC RES0 NO. 5987 -2-
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shall occur substantially as shown in the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
3. Developer/Operator shall and does hereby agree to indemnifl, 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, (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.
4. 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, PUD 05-04, SDP 05-03, CUP 05-01 and HDP 05-
02 and is subject to all conditions contained in Planning Commission Resolutions No.
5977, 5978, 5979, 5980, 5981, 5982, 5983, 5984, 5985 and 5986 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
“ feedexactions. ”
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 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.
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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:
JEFFRE N. SEGALL, chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
h
DON NEU
Assistant Planning Director
PC RES0 NO. 5987 -4-