HomeMy WebLinkAbout2006-07-19; Planning Commission; Resolution 61291 PLANNING COMMISSION RESOLUTION NO. 6129
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A SCENIC
CORRIDOR SPECIAL USE PERMIT TO DEVELOP A
4 7.68-ACRE PARCEL WITH TWO 42,500-SQUARE-FOOT
5 MEDICAL OFFICE BUILDINGS LOCATED ON THE EAST
SIDE OF EL CAMINO REAL BETWEEN TOWN GARDEN
6 LANE AND CAMINO VIDA ROBLE IN LOCAL FACILITIES
MANAGEMENT ZONE 10.
7 CASE NAME: CARLTAS MEDICAL OFFICE MPA/GPA
CASE NO: SUP 05-178
9 WHEREAS, Carltas Company, "Developer," has filed a verified application
10 with the City of Carlsbad regarding property owned by Real Estate Collateral Management
Company, "Owner," described as
12 Lot 1 of Carlsbad Tract 99-03, in the City of Carlsbad, County
13 of San Diego, State of California, according to the map thereof
No. 14543, filed in the office of the County Recorder
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('the Property"); and
16 WHEREAS, said verified application constitutes a request for a Scenic Corridor
17 Special Use Permit as shown on Exhibits "A" - "G" dated July 19,2006, on file in the Planning
18 Department CARLTAS MEDICAL OFFICE MPA/GPA - SUP 05-17, as provided by Chapter
19 21.40 of the Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did on the 19th day of July, 2006, hold a21
22 duly noticed public hearing as prescribed by law to consider said request; and
23 WHEREAS, at said public hearing, upon hearing and considering all testimony
24 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
25 relating to the Scenic Corridor Special Use Permit.
26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
3 APPROVES CARLTAS MEDICAL OFFICE MPA/GPA - SUP 05-17, based
on the following findings and subject to the following conditions:
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<- Findings;
6 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
7 Development Standards and that the proposed medical office project is designed
with similar architecturally styled buildings to create a "campus-like" design and
that the buildings provide adequate setbacks from El Camino Real to preclude a
9 "tunnel effect" of buildings along the roadway. The project does not obscure scenic
views or impair traffic safety along El Camino Real.
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2. The proposed project implements the goals and objectives of the General Plan in that the
property is proposed to be developed with medical office uses which are consistent
*2 with the Office Land Use designation.
13 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
14 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.
16 Conditions:
17 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of
final map or grading permit, whichever occurs first.18
1 g 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
20 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
21 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
23 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.
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2. Staff is authorized and directed to make, or require Developer to make, all corrections
25 and modifications to the Special Use Permit documents necessary to make them
internally consistent and in conformity with final action on the project. Development
shall occur substantially as shown in the approved Exhibits. Any proposed development
27 different from this approval shall require an amendment to this approval.
28 3. 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
PCRESONO. 6129 -2-
representatives from and against any and all liabilities, losses, damages, demands, claims
2 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
3 approval or issuance of any permit or action, whether discretionary or nondiscretionary, 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
6 concluded and continues even if the City's approval is not validated.
7 4. This approval is granted subject to the adoption of the Negative Declaration and
approval of GPA 05-15, MP 98-01(G) and SDP 05-18 and is subject to all conditions
contained in Planning Commission Resolutions No. 6125, 6126, 6127, and 6128 for
o those other approvals.
10 NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
12 reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
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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
15 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
16 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
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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,
19 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
20 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 19th day of July, 2006, by the
following vote, to wit:
AYES:Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Heineman, and Whitton
NOES:
ABSENT:
ABSTAIN: Commissioner Segall
LRTELL B. MONT^OMERYMairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
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