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HomeMy WebLinkAbout2006-07-19; Planning Commission; Resolution 61351 PLANNING COMMISSION RESOLUTION NO. 6135 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A SCENIC CORRIDOR SPECIAL USE PERMIT TO ALLOW 4 DEVELOPMENT OF A 182,480-SQU ARE-FOOT SELF- 5 STORAGE FACILITY ON A 4.49-ACRE PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF 6 EL CAMINO REAL AND PALOMAR AIRPORT ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 17. 7 CASE NAME: BRESSI RANCH SELF-STORAGE FACILITY CASE NO: SUP 05-148 9 WHEREAS, Veralliance Properties, "Developer," has filed a verified 10 application with the City of Carlsbad regarding property owned by Kelly Capital Group, Inc, 1 * "Owner," described as 12 Lot 14 of Carlsbad Tract CT 02-45 Bressi Ranch, in the City of 13 Carlsbad, County of San Diego, State of California, to Map thereof No. 14960, filed in the Office of the County Recorder of 14 San Diego County, February 4,2005 15 ('the Property"); and 16 WHEREAS, said verified application constitutes a request for a Scenic Corridor 17 Special Use Permit as shown on Exhibits "A" - "N" dated July 19, 2006, on file in the Planning18 19 Department BRESSI RANCH SELF-STORAGE FACILITY - SUP 05-14, as provided by 20 Chapter 21.40 of the Carlsbad Municipal Code; and 21 WHEREAS, the Planning Commission did on the 19th day of July, 2006, hold a 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 £*J 26 relating to the Scenic Corridor Special Use Permit. 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2$ 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 BRESSI RANCH SELF-STORAGE FACILITY - SUP 05-14, based on the following findings and subject to the following conditions: 4 5 Findings; 6 1. The proposed project conforms to the intent of the Scenic Preservation Overlay in that the four buildings are all architecturally integrated with spandrel glass accents, 7 stone-accented pillars, reflective glass window treatments, varying building heights and earth tones which gives the buildings a "campus" look. In addition, the 50-foot frontage along El Camino Real and Palomar Airport Road will be landscaped to 9 further enhance the scenic corridor. 10 2. The proposed project implements the goals and objectives of the General Plan in that a commercial self-storage facility is an allowed use in the Planned Industrial area with a conditional use permit and the facility will complement the Bressi Ranch 12 Corporate Center. 13 Conditions; 14 1. 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 15 internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development different from this approval shall require an amendment to this approval. 17 2. This approval is granted subject to the approval of CUP 05-28 and is subject to all 18 conditions contained in Planning Commission Resolution No. 6134 for those other approvals incorporated herein by reference. 19 3. Prior to the issuance of the building permit, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction 21 of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Special Use Permit by Resolution No. 6135 on the 22 property. 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 24 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 25 or successor in interest. 26 27 28 PCRESONO. 6135 -2- 1 NOTICE 2 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 A "fees/exactions." 5 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 g annul their imposition. 9 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 12 expired. 13 PASSED, APPROVED AND ADOPTED at a regular meeting of the planning 14 Commission of the City of Carlsbad, California, held on the 19th day of July, 2006 by the 15 following vote, to wit: 16 AYES: Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez, Heineman, Segall, and Whitton 18 NOES: 19 ABSENT: 20 21 ABSTAIN: 22 23 MA*RTETT B. MONTqpMERY,£liirperson CARLSBAD PLANNING COMMISSION24 25 ATTEST: 26" 27 2g DON NEU Assistant Planning Director PCRESONO. 6135 -3-