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HomeMy WebLinkAbout2006-11-15; Planning Commission; Resolution 61981 PLANNING COMMISSION RESOLUTION NO. 6198 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A PLANNING COMMISSION DETERMINATION TO 4 AUTHORIZE THE JOINT USE OF PARKING FACILITIES FOR 5 AN 18,290-SQUARE-FOOT SPECIALTY HEALTH CLUB TO BE ESTABLISHED IN AN EXISTING OFFICE/INDUSTRIAL 6 BUILDING WITHIN THE CARLSBAD CORPORATE CENTER ON AN 8.2-ACRE SITE LOCATED AT 5850 EL CAMINO REAL 7 IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: THE BOXING CLUB 8 CASE NO.: PCD 06-01 9 WHEREAS, The Boxing Club Holdings, LLC, "Developer," has filed a verified 10 application with the City of Carlsbad regarding property owned by H.G. Fenton Company, 19 "Owner," described as 13 Parcel C of Minor Subdivision No. 98-11, in the City of Carlsbad, County of San Diego, State of California, according 14 to Parcel Map No. 18416, filed in the Office of the County Recorder of San Diego County, January 26, 2000, as File No. 2000-39031 of Official Records 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Conditional Use18 in Permit as shown on Exhibits "A" - "D" dated November 15, 2006, on file in the Planning 20 Department, THE BOXING CLUB - PCD 06-01, as provided by Chapter 21.42 and/or 21.50 of 21 the Carlsbad Municipal Code; and 22 WHEREAS, the Planning Commission did, on the 15th day of November, 2006, 23 hold a 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 27 relating to the PCD; and 28 WHEREAS, on November 15, 2006, the Planning Commission approved PCD 06-01, as described and conditioned in Planning Commission Resolution No. 6198. 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad as follows: 3 A) That the foregoing recitations are true and correct. 4 g. B) That based on the evidence presented at the public hearing, the Commission APPROVES THE BOXING CLUB - PCD 06-01, based on the following 6 findings and subject to the following conditions: 7 Findings: 8 1. That authorization of the joint use of parking facilities with buildings C, D, E, and F 9 within Phase II of the Carlsbad Corporate Center industrial park for 31 parking spaces is appropriate in that the joint use is for less than 50 percent of the Boxing 10 Club's required 91 parking stalls; the joint use parking facilities are less than 150 feet from the building and use that it will serve; the office/industrial uses within the Carlsbad Corporate Center industrial park are primarily daytime uses (peak 12 hour of 11:00 a.m.); and the Boxing Club is primarily a nighttime use (peak hours of 5:00 p.m. to 7:00 p.m.). 13 2. The Planning Commission finds that the project, as conditioned herein, is in 14 conformance with the Elements of the City's General Plan based on the facts set forth in the staff report dated November 15, 2006. 16 3. That the Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the 17 environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301 Existing Facilities of the state CEQA Guidelines. In making this determination, the Planning Director has in found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 20 4. This project shall comply with all conditions and mitigation measures which are required 21 as part of the Zone 5 Local Facilities Management Plan and any amendments made to that ~~ Plan prior to the issuance of building permits. 23 5. 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 24 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. 25 96 Conditions: 27 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of 28 a Building Permit. PCRESONO. 6198 -2- If any of the following conditions fail to occur, or if they are, by their terms, to be 2 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 3 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 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 6 or a successor in interest by the City's approval of this Planning Commission Determination. 7 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Planning Commission Determination documents, as necessary 9 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 10 development, different from this approval, shall require an amendment to this approval. 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. 13 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 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with 15 all requirements of law. 17 5. 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 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 Planning Commission 20 Determination, (b) City's 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 23 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 24 6. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar copy of the Planning Commission Determination site plan reflecting the conditions 25 approved by the final decision-making body. 27 7. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 5 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. PCRESON0.6198 -3- 8. Building permits will not be issued for this project unless the local agency providing 2 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 3 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. 4 r 9. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in 6 substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. 7 10. The total number of parking spaces within Phase II of the Carlsbad Corporate Center (Buildings C, D, E, and F) is 371. The proposed Boxing Club use requires 9 91 parking spaces. Sixty (60) parking spaces are provided with joint use of parking facilities authorized for thirty-one (31) additional parking spaces. The 371 total 10 parking spaces within Phase II of the Carlsbad Corporate Center shall be maintained at all times. 11 ^2 11 •• Prior to the issuance of the building permit, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is 13 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 14 Carlsbad has issued a Planning Commission Determination by Resolution(s) No. 6198 . - on the 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 16 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 17 which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest.18 19 NOTICE ™ Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, 21 reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." 22 You have 90 days from date of final approval to protest imposition of these fees/exactions. If 23 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 25 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 26 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 2' DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, ~o 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 PCRESONO. 6198 -4- 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 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 15th day of November, 2006, by the following vote, to wit: AYES:Vice Chairperson Baker, Commissioners Cardosa, Dominguez, Segall, and Whitton NOES: ABSENT: Chairperson Montgomery and Commissioner Heineman ABSTAIN: JULIE CARL: ATTEST: , Vice Chairperson LANNING COMMISSION / bu DON NEU Assistant Planning Director PCRESONO. 6198 -5-