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HomeMy WebLinkAbout2006-06-07; Planning Commission; Resolution 61161 PLANNING COMMISSION RESOLUTION NO. 6116 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN TO DEVELOP 2.21 ACRES INTO 4 FIVE MEDICAL OFFICE BUILDINGS TOTALING 23,457 5 SQUARE FEET ON PROPERTY GENERALLY LOCATED ALONG THE SOUTH SIDE OF CARLSBAD VILLAGE DRIVE, 6 WEST OF HIGHLAND DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 1 7 CASE NAME: CARLSBAD MEDICAL VILLAGE CASE NO.: SDP 05-13 o 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, 11 L.P., "Owner," described as 12 That portion of Tract 119 of Carlsbad Lands, in the City of 13 Carlsbad, County of San Diego, State of California, according to Map thereof No. 1661, filed in the Office of the County 14 Recorder of San Diego County, March 1915 15 ("the Property"); and 16 17 WHEREAS, said verified application constitutes a request for a Site Development 1 Q0 Plan as shown on Exhibits "A" - "Q" dated June 7, 2006, on file in the Planning Department, 19 CARLSBAD MEDICAL VILLAGE - CT 05-19 as provided by Chapter 21.06/Section 20 21.53.120 of the Carlsbad Municipal Code; and21 22 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 all persons desiring to be heard, said Commission considered all factors 26 relating to the Site Development Plan. 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 Planning 3 Commission APPROVES CARLSBAD MEDICAL VILLAGE - CT 05-19 based on the following findings and subject to the following conditions:4 - Findings; 5 1. That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the General Plan, will 7 not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the medical office use is identified in the Office and Related o Commercial (O) General Plan Land Use designation as an "especially appropriate land use, is considered a permitted use within the Residential Professional (R-P) 10 Zone, the buildings are relatively small is scale and are architecturally compatible with surrounding residential homes, the site as designed and conditioned is in conformance with all applicable zoning regulations and development standards, and the project will not adversely impact the site, surroundings or traffic circulation. 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that the project site can accommodate the proposed medical office development 14 while providing all required setbacks, parking, landscaping, and other amenities required by applicable City regulations and development standards. 15 That all 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 project has been designed and conditioned to meet all applicable Title 21 zoning regulations and development standards, and has 18 been conditioned to establish an owner's association for the maintenance of all common areas, including but not limited to, trash enclosures, landscape areas, employee eating areas, fences, perimeter walls, retaining walls, lighting, paved ~~ access and parking areas. 4. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that required road improvements, in accordance 22 with the Zone 1 Local Facilities Management Plan, to Carlsbad Village Drive along the project's frontage ensures that the roadway will operate at acceptable levels through build-out. One point of ingress/egress to the site from Carlsbad Village Drive will reduce potential traffic conflicts on the street. 25 Conditions: 26 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of the final map. 27 ~o 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 PCRESONO. 6116 -2- implemented and maintained according to their terms, the City shall have the right to 2 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 3 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 i- or a successor in interest by the City's approval of this Site Development Plan. 6 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Plan 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. 9 3. This approval is granted subject to the approval of CT 05-19 and PUD 05-15 and is 10 subject to all conditions contained in Planning Commission Resolutions No. 6114 and 6115 for those other approvals incorporated herein by reference. 12 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." 15 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 16 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. 19 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 22 expired. 23 24 25 26 27 28 PCRESONO. 6116 -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 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. MON'|GOMER]Mriairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Assistant Planning Director PCRESONO. 6116 -4-