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HomeMy WebLinkAbout2006-02-01; Planning Commission; Resolution 60211 PLANNING COMMISSION RESOLUTION NO. 6021 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A SCENIC CORRIDOR SPECIAL USE PERMIT FOR THE 4 DEVELOPMENT OF 9.78 ACRES WITH TWO OFFICE 5 BUILDINGS GENERALLY LOCATED ON THE WEST SIDE OF EL CAMINO REAL, SOUTH OF COLLEGE BLVD AND 6 NORTH OF FARADAY AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 5. 7 CASE NAME: VENTANA REAL CASE NO: SUP 04-118 9 WHEREAS, Yen tana Real Master LLC, "Developer," has filed a verified 10 application with the City of Carlsbad regarding property owned by Fenton Carlsbad Research 11 Center, LLC, "Owner," described as 12 Lot Two of CT 00-20, Fox/Miller subdivision 13 ('the Property"); and 14 . - WHEREAS, said verified application constitutes a request for a Scenic Corridor 16 Special Use Permit as shown on Exhibits "A" - "I" dated February 1, 2006, on file in the 17 Planning Department VENTANA REAL - SUP 04-11, as provided by Chapter 21.40 of the 18 Carlsbad Municipal Code; and 19 WHEREAS, the Planning Commission did on the 1st day of February, 2006 hold 20 a duly noticed public hearing as prescribed by law to consider said request; and 22 WHEREAS, at said public hearing, upon hearing and considering all testimony 23 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 24 relating to the Scenic Corridor Special Use Permit. 25 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 26 Commission of the City of Carlsbad as follows: 27 A) That the foregoing recitations are true and correct.28 B) That based on the evidence presented at the public hearing, the Commission 2 APPROVES VENTANA REAL - SUP 04-11, based on the following findings and subject to the following conditions: 3 Findings; 4 <- 1. The proposed project conforms to the intent of the Scenic Preservation Overlay in that the project complies with the development standards of the El Camino Real 6 Corridor Development Standards and that the proposed office project is designed in 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. o 9 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 10 Planned Industrial land use designation. 11 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 13 degree of the exaction is in rough proportionality to the impact caused by the project. 14 Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building permit ,,- issuance,lo 17 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 18 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 2Q 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 21 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. 22 2. 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 24 internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development 25 different from this approval, shall require an amendment to this approval. 26 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance.27 4. 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 PCRESONO. 6021 -2- 66020. If any such condition is determined to be invalid this approval shall be invalid 2 unless the City Council determines that the project without the condition complies with all requirements of law. 3 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold 4 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, 7 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. 10 6. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar 11 copy of the Site Plan reflecting the conditions approved by the final decision making body.12 7. This approval is granted subject to the approval of the Negative Declaration and is subject to all conditions contained in Planning Commission Resolution No. 6020 and 14 Planned Industrial Permit 04-03 for those other approvals incorporated herein by reference. 15 8. This approval shall become null and void if building permits are not issued for this project within 36 months from the date of project approval. 17 9. Building permits will not be issued for this project unless the local agency providing 10 water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the 19 time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 20 10. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and 22 the City's Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving 23 condition, free from weeds, trash, and debris. 24 11. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 12. Developer shall provide bus stops to service this development at locations and with 27 reasonable facilities to the satisfaction of the North County Transit District and the Planning Director. Said facilities, if required, shall be free from advertising and shall 28 include at a minimum include a bench and a pole for the bus stop sign. The facilities shall be designed to enhance or be consistent with basic architectural theme of the project. PCRESONO. 6021 -3- 13. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 2 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by 3 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 5, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 14. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in 7 substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. 15. 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(n) Special Use Permit by Planning Commission Resolution No. 6021 on the property. 11 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 14 or successor in interest. 15 16. Developer shall prepare and record a Notice that this property may be subject to noise impacts from the proposed or existing Transportation Corridor, in a form meeting the approval of the Planning Director and City Attorney (see Noise Form #1 on file in the i - Planning Department). 18 17. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot high masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal 19 Code Chapter 21.105. Location of said receptacles shall be approved by the Planning Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. 21 18. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. 22 When so required, the Developer shall submit and obtain approval of the Fire Chief and the Planning Director of an Outdoor Storage Plan, and thereafter comply with the 23 approved plan. 24 19. Developer shall submit and obtain Planning Director approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. r)S- 20. Compact parking spaces shall be located in large groups, and in locations clearly marked 27 to the satisfaction of the Planning Director. 28 PCRESONO. 6021 -4- Fire Department 2 21. Buildings A and B are to be equipped with automatic fire sprinklers. 3 Code Reminders 4 22. Developer shall pay a landscape plan check and inspection fee as required by Section 5 20.08.050 of the Carlsbad Municipal Code. " 23. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 8 24. The project shall comply with the latest non-residential disabled access requirements 9 pursuant to Title 24 of the State Building Code. 10 25. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 1~ 26. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Planning 13 Director prior to installation of such signs. 14 NOTICE 15 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, 16 reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."17 I o 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 19 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 20 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 22 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, 23 zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise 25 expired. 26 27 28 PCRESONO. 6021 -5- 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 1st day of February, 2006 by the following vote, to wit: AYES: NOES: Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez, Segall, and Whitton ABSENT: Commissioner Heineman ABSTAIN: MARTELrm MONTGOJTERY, CARLSBAD PLANNINC ATTEST: Six DONNEU Assistant Planning Director PCRESONO. 6021 -6-