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Home My WebLink About2007-06-20; Planning Commission; Resolution 63171 PLANNING COMMISSION RESOLUTION NO. 6317 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING SCENIC CORRIDOR SPECIAL USE PERMIT (SUP 06-03) TO ALLOW 4 THE DEVELOPMENT OF A 102,191 SQUARE FOOT HEALTH 5 CLUB ON PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF EL 6 CAMINO REAL AND PALOMAR AIRPORT ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 5. 7 CASE NAME: PACIFIC ATHLETIC CLUB CASE NO: SUP 06-038 9 WHEREAS, Western Athletic Clubs, "Developer," has filed a verified 10 application with the City of Carlsbad regarding property owned by County of San Diego- Airports, "Owner," described as 12 That portion of Palomar Airport in Lot "G" of the Rancho 13 Hedionda, in the City of Carlsbad, in the County of San Diego, State of California, According to Partition Map thereof No. 14 832, filed in the Office of the County Recorder of said San Diego County and described in the title report 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Scenic Corridor 1 O10 Special Use Permit as shown on Exhibits "A" - "QQ" dated June 20, 2007, on file in the 19 Planning Department, PACIFIC ATHLETIC CLUB - SUP 06-03, as provided by Chapter 20 21.40 of the Carlsbad Municipal Code; and 21 22 WHEREAS, the Planning Commission did on the 20th day of June, 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 25 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. 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning28 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 APPROVES PACIFIC ATHLETIC CLUB - SUP 06-03, based on the following findings and subject to the following conditions:4 e Findings: 6 1. The proposed project conforms to the intent of the Scenic Preservation Overlay in that the proposed architecture is consistent with the surrounding industrial office 7 buildings and will mesh with the typical design theme that is exhibited along El Camino Real. The proposed health club will add to the planned "campus" theme by providing a place for local employees to exercise. The project complies with the 9 provisions of the El Camino Real Corridor Development Standards by providing adequate setbacks from El Camino Real. Grading does not exceed 15 feet in cut and 10 fill, and the project does not obscure scenic views or impair traffic safety along El Camino Real.11 12 2. The proposed project implements the goals and objectives of the General Plan in that a health club is a commercial use that will serve the travel and recreational needs of 13 tourists staying at the Olympic Hotel and the residents and employees of the surrounding neighborhoods, businesses and industrial complexes. 14 3. 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 16 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. 17 Conditions:18 19 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of grading or building permits, whichever occurs first. 20 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 21 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 revoke or modify all approvals herein granted; deny or further condition issuance of all 23 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 24 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 Devebper or a successor in interest by the City's approval of this Special Use Permit. 26 2. Staff is authorized and directed to make, or require Developer to make, all corrections 27 and modifications to the Special Use Permit document(s) necessary to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. PCRESONO. 6317 -2- 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 2 regulations in effect at the time of building permit issuance. 3 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 6 all requirements of law. 7 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 9 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 10 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 survives until all legal proceedings have been 13 concluded and continues even if the City's approval is not validated. 14 6. This approval is granted subject to the approval of SDP 06-05 and is subject to all conditions contained in Planning Commission Resolution No. 6316 for those other approvals incorporated herein by reference. 16 17 18 19 20 21 22 23 24 25 26 27 28 PCRESONO. 6317 -3- NOTICE 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 "fees/exactions." 5 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 6 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 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 9 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, 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 NOTICE similar to this, or as to which the statute of limitations has previously otherwise 12 expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning 13 Commission of the City of Carlsbad, California, held on the 20th day of June, 2007 by the 15 following vote, to wit: 16 AYES: Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez, Douglas, Montgomery, and Whitton 10 NOES: 19 ABSENT: 20 ABSTAIN: 21 22 23 JULIE BAflER, Chairperson _ COMMISSION 25 ATTEST: 26 27 28 DON NEU Planning Director PCRESONO. 6317 -4-