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Home My WebLink About2006-06-07; Planning Commission; Resolution 61151 PLANNING COMMISSION RESOLUTION NO. 6115 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A NON- RESIDENTIAL PLANNED UNIT DEVELOPMENT PERMIT 4 TO SUBDIVIDE 2.21 ACRES INTO 10 AIRSPACE NON- 5 RESIDENTIAL CONDOMINIUM UNITS AND ONE COMMON LOT ON PROPERTY GENERALLY LOCATED ALONG THE 6 SOUTHSIDE OF CARLSBAD VILLAGE DRIVE, WEST OF HIGHLAND DRIVE IN LOCAL FACILITIES MANAGEMENT 7 ZONE1 CASE NAME: CARLSBAD MEDICAL VILLAGE 8 CASE NO.: PUD 05-15 9 WHEREAS, Carlsbad Medical Village, L.P., "Developer," has filed a verified 10 application with the City of Carlsbad regarding property owned by Carlsbad Medical Village, ^2 L.P., "Owner," described as 13 That portion of Tract 119 of Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according 14 to Map thereof No. 1661, filed in the Office of the County Recorder of San Diego County, March 1915 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Non-Residential 18 Planned Unit Development Permit as shown on Exhibits "A" - "Q" dated June 7,2006,on file 19 in the Planning Department, CARLSBAD MEDICAL VILLAGE - CT 05-19, as provided by 20 Chapter 21.47 of the Carlsbad Municipal Code; and 21 jj WHEREAS, the Planning Commission did, on the 7th day of June, 2006, hold a 23 duly noticed public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony 25 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 26 relating to the Non-Residential Planned Unit Development Permit. 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 2 B) That based on the evidence presented at the public hearing, the Commission 3 APPROVES CARLSBAD MEDICAL VILLAGE - CT 05-19, based on the following findings and subject to the following conditions:4 <- Findings: 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 7 and other governmental agencies in that the proposed project, as designed and conditioned, is consistent with the Office and Related Commercial (O) General ° Plan Land Use designation, complies with all the minimum requirements of Title 20 and 21, has been specifically designed to be incompliance with the development standards associated with the Residential Professional (R-P) - Qualified Development Overlay (Q) Zone. 11 2. The proposed use at the particular location is necessary and desirable to provide a service or facility, which will contribute to the general wellbeing of the neighborhood and the community in that the proposed medical office use will provide employment 13 opportunities and service to local residents, and the non-residential planned development will provide opportunities for individual ownership of office space. 14 3. 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 project meets all applicable City standards and ordinances, adequate access will be provided to the site via Carlsbad Village Drive, and the 17 subdivision includes all necessary features to be compatible with the surrounding development. 18 4. The proposed nonresidential planned development meets all of the minimum development standards of the underlying zone, except for lot area in that the project 20 proposes to develop 10 airspace condominium units less than seven thousand five hundred square feet and one common lot. 21 5. 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 23 deems necessary to protect the public health, safety and general welfare. 24 6. 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 25 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. 27 28 PCRESONO. 6115 -2- Conditions; 2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of 3 the final map. 1. If any of the following conditions fail to occur; or if they are, by their terms, to be r 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 6 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 7 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 9 or a successor in interest by the City's approval of this Non-Residential Planned Development Permit. 10 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Non-Residential Planned Development Permit documents, as 19 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. 13 Any proposed development different from this approval, shall require an amendment to this approval. 14 1 - 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. 16 4. If any condition for construction of any public improvements or facilities, or the payment 17 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 19 unless the City Council determines that the project without the condition complies with all requirements of law. 20 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold 21 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 23 or indirectly, from (a) City's approval and issuance of this Non-Residential Planned Development Permit, (b) City's approval or issuance of any permit or action, whether 24 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 26 facility of electromagnetic fields or other energy waves or emissions. 27 6. This approval is granted subject to the approval of CT 05-19 and SDP 05-13 and is subject to all conditions contained in Planning Commission Resolutions No. 6114 and 6116 for those other approvals incorporated herein by reference. PCRESONO. 6115 -3- 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 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 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 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 expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 7th day of June 2006, by the following vote, to wit: AYES: NOES: Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez, Segall, and Whitton ABSENT: Commissioner Heineman ABSTAIN: MARTELL B. MONTGOMERY, CARLSBAD PLANNING COMMI ATTEST: rperson SION DONNEU Assistant Planning Director PCRESONO. 6115 -4-