HomeMy WebLinkAbout2007-06-06; Planning Commission; Resolution 63051 PLANNING COMMISSION RESOLUTION NO. 6305
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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
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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
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the Planning Department, ECR CORPORATE CENTER - SUP 05-17(A), as provided by the
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19 conditions of approval of SUP 05-17 and by Chapter 21.40 of the Carlsbad Municipal Code;
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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
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WHEREAS, at said public hearing, upon hearing and considering all testimony
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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
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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.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.
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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."
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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
,« 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.
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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,
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.
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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 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
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