Loading...
HomeMy WebLinkAbout2007-06-06; Planning Commission; Resolution 63061 PLANNING COMMISSION RESOLUTION NO. 6306 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A WELLNESS 4 CENTER ON A 7.68 ACRE PARCEL LOCATED ON THE , EAST SIDE OF EL CAMINO REAL BETWEEN TOWN GARDEN LANE AND CAMINO VIDA ROBLE IN LOCAL 6 FACILITIES MANAGEMENT ZONE 10. CASE NAME: ECR CORPORATE CENTER 7 CASE NO.: CUP 07-02 8 WHEREAS, ECR Corporate Center, LP, "Developer/Owner," has filed a 9 verified application with the City of Carlsbad regarding property described as 10 Lot 1 of Carlsbad Tract 99-03, in the City of Carlsbad, County of San Diego, State of California, according to the map thereof 12 no. 14543, filed in the office of the County Recorder 13 ("the Property"); and 14 WHEREAS, said verified application constitutes a request for a Conditional Use Permit as shown on Exhibits "A" - "K" dated June 6,2007, on file in the Planning Department, 16 ECR CORPORATE CENTER - CUP 07-02, as provided by Chapter 21.42 and/or 21.50 of the 17 Carlsbad Municipal Code; and18 WHEREAS, the Planning Commission did, on the 6th day of June, 2007, hold a 20 duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony 22 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 23 relating to the CUP. 24 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 27 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES ECR CORPORATE CENTER - CUP 07-02, based on the following findings and subject to the following conditions: Findings; 2 1. That the requested use is necessary or desirable for the development of the community, is 3 essentially in harmony with the various elements and objectives of the General Plan, and is not detrimental to existing uses specifically permitted in the zone in which the 4 proposed use is located, in that the wellness center, physical conditioning r business/health club facility will provide services in close proximity to the occupants of the Planned Industrial Land Use designation and the Planned Industrial Zone. 6 That the site for the intended use is adequate in size and shape to accommodate the use, in that the wellness center is proposed to be located in a 62,000 square foot, two story 0 medical office building (Building A) and that adequate parking is provided. The project complies with all City policies and standards without the need for a variance 9 from development standards. 10 3. That all the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the wellness center is part of a proposed 62,000 square foot medical office building that when developed will include all features that may be appropriate to the proposed use. 13 4. That the street system serving the proposed use is adequate to properly handle all traffic 14 generated by the proposed use, in that El Camino Real, a prime arterial roadway, has . , adequate capacity to handle the 5,211 ADT generated by the total project (Building A and B). The project's access is through the signalized intersection at El Camino 16 Real and Town Garden Lane and direct access off El Camino Real. 17 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 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. 20 Conditions; 21 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading permit or building permit, whichever occurs first. 23 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 24 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 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 27 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 Conditional Use Permit. 28 PC RESO NO. 6306 -2- 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 2 and modifications to the Conditional Use Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development 3 shall occur substantially as shown on the approved Exhibits. Any proposed 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. 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 9 unless the City Council determines that the project without the condition complies with all requirements of law. 10 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 12 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 13 or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, (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 16 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 17 approval is not validated. 18 6. Approval is granted for CUP 07-02 as shown on Exhibits "A" - "K" dated June 6,2007, on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 20 7. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis to determine if all conditions of this permit have been met and that the use does not have ,-_ a substantial negative effect on surrounding properties or the public health and welfare. If the Planning Director determines that the use has such substantial negative effects, the 23 Planning Director shall recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to reduce or eliminate the 24 substantial negative effects. 25 8. This approval is granted subject to the approval of SDP 05-18(A) and SUP 05-17(A) and 26 is subject to all conditions contained in Planning Commission Resolutions No. 6304 and 6305 for those other approvals incorporated herein by reference. 27 9. Prior to the issuance of the Conditional Use 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 to be filed in the office of the County Recorder, subject to the satisfaction of the PC RESO NO. 6306 -3- Planning Director, notifying all interested parties and successors in interest that the City 2 of Carlsbad has issued a Conditional Use Permit by Resolution No. 6306 on the property. Said Notice of Restriction shall note the property description, location of the 3 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 Planning Director has the authority to execute and record an amendment to the notice c which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 6 NOTICE g 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 9 "fees/exactions." 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 12 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 annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 15 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 16 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 otherwise17 v expired. 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6306 -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 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 ftAKEfr, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6306 -5-