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HomeMy WebLinkAbout2007-06-06; Planning Commission; Resolution 63051 PLANNING COMMISSION RESOLUTION NO. 6305 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A SCENIC CORRIDOR SPECIAL USE PERMIT AMENDMENT TO 4 INCREASE THE SIZE OF TWO PREVIOUSLY APPROVED , MEDICAL OFFICE BUILDINGS FROM 85,000 SQUARE FEET TO 87,000 SQUARE FEET ON A 7.68 ACRE PARCEL 6 LOCATED ON THE EAST SIDE OF EL CAMINO REAL BETWEEN TOWN GARDEN LANE AND CAMINO VIDA 7 ROBLE IN LOCAL FACILITIES MANAGEMENT ZONE 10. CASE NAME: ECR CORPORATE CENTER 8 CASE NO: SUP 05-17(A) 9 WHEREAS, ECR Corporate Center, LP, "Developer/Owner," has filed a 10 verified application with the City of Carlsbad regarding property described as 12 Lot 1 of Carlsbad Tract 99-03, in the City of Carlsbad, County of San Diego, State of California, according to the map thereof 13 no. 14543, filed in the office of the County Recorder H ("the Property"); and WHEREAS, said verified application constitutes a request for a Scenic Corridor 16 Special Use Permit Amendment as shown on Exhibits "A" - "K" dated June 6,2007, on file in 17 the Planning Department, ECR CORPORATE CENTER - SUP 05-17(A), as provided by the 18 19 conditions of approval of SUP 05-17 and by Chapter 21.40 of the Carlsbad Municipal Code; 20 and 21 WHEREAS, the Planning Commission did on the 6th day of June, 2007 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 26 relating to the Scenic Corridor Special Use Permit Amendment; and 27 WHEREAS, on July 19, 2006, the Planning Commission approved SUP 05-17, 28 as described and conditioned in Planning Commission Resolution No. 6129. 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 B) That based on the evidence presented at the public hearing, the Commission APPROVES ECR CORPORATE CENTER - SUP 05-17(A), based on the following findings and subject to the following conditions: Findings; 1. The proposed project conforms to the intent of the Scenic Preservation Overlay in that 9 the project complies with the provisions of the El Camino Real Corridor Development Standards and that the proposed medical office project is designed 10 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 "tunnel effect" of buildings along the roadway. The project does not obscure scenic 12 views or impair traffic safety along El Camino Real. 13 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 consistent with the 14 Office Land Use designation. 3. The Planning Commission has reviewed each of the exactions imposed on the Developer 16 contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the 17 degree of the exaction is in rough proportionality to the impact caused by the project. 18 Conditions; 19 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading permit 20 or building permit, whichever occurs first. 21 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 2 implemented and maintained according to their terms, the City shall have the right to 23 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 24 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 « , or a successor in interest by the City's approval of this Special Use Permit Amendment. 2. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Special Use Permit Amendment documents necessary to make 28 them internally consistent and in conformity with final action on the project. PC RESO NO. 6305 -2- Development shall occur substantially as shown in the approved Exhibits. Any proposed 2 development different from this approval, shall require an amendment to this approval. 3 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 4 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 Special >Use Permit Amendment, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and 7 (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 concluded and continues even if the City's approval is not validated. 10 4. This approval is granted subject to the approval of SDP 05-18(A) and is subject to all conditions contained in Planning Commission Resolution No. 6304 for the other approval. 13 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, 15 reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." 16 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 19 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 20 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, 22 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 23 NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 24 25 26 27 28 PC RESO NO. 6305 -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 6th day of June, 2007 by the following vote, to wit: AYES: Chairperson Baker, Commissioners Boddy, Cardosa, and Montgomery NOES: Commissioner Whitton ABSENT: Commissioner Dominguez and Douglas ABSTAIN: JULIE CARLS ATTEST: Chairperson ANNING COMMISSION DONNEU Planning Director PC RESO NO. 6305 -4-