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Home My WebLink About2007-04-18; Planning Commission; Resolution 62781 PLANNING COMMISSION RESOLUTION NO. 6278 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A SCENIC CORRIDOR SPECIAL USE PERMIT (SUP 06-13) TO ALLOW 4 A CHILD DAYCARE CENTER ON PROPERTY GENERALLY - LOCATED ON THE EAST SIDE OF EL CAMINO REAL BETWEEN TOWN GARDEN ROAD AND CAMINO VIDA 6 ROBLE IN THE GREENS COMMUNITY FACILITIES AREA 1.2 OF THE VILLAGES OF LA COSTA MASTER PLAN AND 7 LOCAL FACILITIES MANAGEMENT ZONE 10. CASE NAME: ASPIRATIONS DAYCARE CENTER 8 CASE NO: SUP 06-13 9 WHEREAS, Alan Heim, "Developer," has filed a verified application with the 10 City of Carlsbad regarding property owned by Real Estate Collateral Management Company, j 2 "Owner," described as 13 Parcel 1 of Minor Subdivision MS 05-05, in the City of Carlsbad, County of San Diego, State of California, according 14 to Parcel Map thereof No. 20174 filed in the office of the County Recorder on December 20,2006 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Scenic Corridor 18 Special Use Permit as shown on Exhibits "A" - "P" dated April 18, 2007, on file in the 19 Planning Department, ASPIRATIONS DAYCARE CENTER - SUP 06-13, as provided by 20 Chapter 21.40 of the Carlsbad Municipal Code; and 21 2 WHEREAS, the Planning Commission did on the 18th day of April, 2007 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 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 26 25 relating to the Scenic Corridor Special Use 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 ASPIRATIONS DAYCARE CENTER - SUP 06-13, based on the following findings and subject to the following conditions: 5 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 by supporting the planned "campus type" research, „ business, service center design theme architecturally and in use; providing adequate setbacks from El Camino Real and a low profile designed building 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. 10 2. The proposed project implements the goals and objectives of the General Plan in that the property is proposed to be developed with a child daycare center, which is 12 consistent with the Community Facilities (CF) Land Use designation. 13 3. The Planning Commission has reviewed ^ach 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 issuance of grading or building permits, whichever occurs first.18 19 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. 24 2. 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 26 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 shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. PCRESON0.6278 -2- 4. If any condition for construction of any public improvements or facilities, or the payment 2 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 3 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 all requirements of law. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 6 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 7 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 approval or issuance of any permit or action, whether discretionary or nondiscretionary, in 9 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 10 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 concluded and continues even if the City's approval is not validated. 12 6. This approval is granted subject to the approval of SDP 06-13 and is subject to all 13 conditions contained in Planning Commission Resolution No. 6277 for those other approvals incorporated herein by reference. 14 . <- 7. This approval is granted subject to Planning Director approval of DC 06-02 and is subject to all conditions contained in that approval incorporated herein by reference. 16 . 17 NOTICE 18 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, 19 reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." 20 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 22 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 23 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition.24 V 25 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, 26 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 27 NOTICE similar to this, or as to which the statute of limitations has previously otherwise 2g expired. PCRESONO. 6278 -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 18th day of April, 2007 by the following vote, to wit: AYES: NOES: Chairperson Baker, Commissioners Dominguez, Douglas, Segall and Whitton ABSENT: Commissioners Cardosa and Montgomery ABSTAIN: JULIE CARLSB ATTEST: Chairperson ANNING COMMISSION DONNEU Planning Director PC RESO NO. 6278 -4-