HomeMy WebLinkAbout2007-11-07; Planning Commission; Resolution 63501 PLANNING COMMISSION RESOLUTION NO. 6350
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A SCENIC
CORRIDOR SPECIAL USE PERMIT FOR THE
4 DEVELOPMENT OF A 23.086-ACRE SITE WITH EIGHT
5 OFFICE/INDUSTRIAL BUILDINGS TOTALLING 390,000
SQUARE FEET AND A PARKING DECK ON PROPERTY
6 LOCATED IN BRESSI RANCH PLANINING AREA 2 NORTH
OF TOWN GARDEN ROAD, SOUTH OF GATEWAY ROAD,
7 EAST OF EL CAMINO REAL, AND WEST OF ALICANTE
ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 17.
8 CASE NAME: BRESSI RANCH PLANNING AREA 2
9 CASE NO: SUP 05-18
10 WHEREAS, Slough Carlsbad, LLC, "Developer/Owner," has filed a verified
* 1 application with the City of Carlsbad regarding property, described as
12 Lots 2-9 of Carlsbad Tract No. 02-15, in the City of Carlsbad,
13 County of San Diego, State of California, According to Map
Thereof No. 14960, Filed in the Office of the County Recorder
14 of San Diego County, February 4, 2005, as File No. 2005-
0096673 of Official Records
!6 ("the Property"); and
17 WHEREAS, said verified application constitutes a request for a Scenic Corridor
18 Special Use Permit as shown on Exhibits "A" - "TT" dated November 7, 2007, on file in the
Planning Department, BRESSI RANCH PLANNING AREA 2 - SUP 05-18, as provided by
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Chapter 21.40 of the Carlsbad Municipal Code; and
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22 WHEREAS, the Planning Commission did on the 7th day of November, 2007
23 hold a 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.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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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 BRESSI RANCH PLANNING AREA 2 - SUP 05-18, based on
the following findings and subject to the following conditions:
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5 Findings:
6 1. The Planning Commission has determined that:
7 a. the project is a subsequent activity of the Bressi Ranch Master Plan (MP178), a
project for which a program EIR was prepared, and a notice for the activity has
been given, which includes statements that this activity is within the scope of the
o program approved earlier, and that the program EIR adequately describes the
activity for the purposes of CEQA); [15168( c)(2) and (e)]; and/or
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b. this project is consistent with the Master Plan cited above; and
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c. the Bressi Ranch Master Plan Final EIR 98-04 was certified by the City
12 Council on July 9,2002 in connection with the prior project or plan; and
d. the project has no new significant environmental effect not analyzed as significant
14 in the prior EIR; and
15 e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR
under CEQA Guidelines Sections 15162 or 15163 exist; and
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The Planning Commission finds that all feasible mitigation measures or project
17 alternatives identified in the EIR 98-04, which are appropriate to this Subsequent Project,
, R have been completed, incorporated into the project design or are required as conditions of
approval for this Subsequent Project.
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2. The proposed project conforms to the intent of the Scenic Preservation Overlay in that
20 the project complies with all applicable provisions of the El Camino Real Corridor
Development Standards by 1) supporting the planned "campus type" research,
business, service center design theme, and 2) providing adequate setbacks from El
22 Camino Real to preclude a "tunnel effect" of buildings along the roadway. The
project does not obscure scenic views or impair traffic safety along El Camino Real.
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3. The proposed project implements the goals and objectives of the General Plan in that the
24 property is proposed to be developed with an office/industrial use consistent with
2<- the Planned Industrial (PI) General Plan Land Use designation.
26 4. 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
27 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.28
PC RESO NO. 6350 -2-
Conditions:
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
3 building permit or grading permit, whichever shall occur first.
^ 1 . If any of the following conditions fail to occur, or if they are, by their terms, to be
c implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
6 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
7 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
9 or a successor in interest by the City's approval of this Special Use Permit.
10 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
internally consistent and in conformity with final action on the project. Development
1 2 shall occur substantially as shown in the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
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3. Developer shall comply with all applicable provisions of federal, state, and local laws and
14 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
16 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
17 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.
19 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
20 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
21 and costs, including court costs and attorney's fees incurred by the City arising, directly
22 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
23 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
24 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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6. Prior to the issuance of a building permit, the Developer shall provide proof to the
27 Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
PC RESO NO. 6350 -3-
7. This project shall comply with all conditions and mitigation measures which are required
2 as part of the Zone 17 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits, including, but not limited to the
3 following:
a. A growth management park fee of $0.40 per square foot of non-residential
r development will be collected at the time of building permit issuance. This fee
will be used to construct recreational facilities to offset demand created by
6 employees within Local Facilities Management Zone 17.
7 8. Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
9 time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
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9. This approval is granted subject to the approval of Planned Industrial Permit 05-25 and
is subject to all conditions contained in the Planning Director's approval letter for this
other approval incorporated herein by reference.
13 10. Prior to the issuance of a grading 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
14 be filed in the office of the County Recorder, subject to the satisfaction of the Planning
. Director, notifying all interested parties and successors in interest that the City of
Carlsbad has issued a Special Use Permit by Resolution No. 6350 on the property. Said
16 Notice of Restriction shall note the property description, location of the file containing
complete project details and all conditions of approval as well as any conditions or
17 restrictions specified for inclusion in the Notice of Restriction. The Planning Director has
the authority to execute and record an amendment to the notice which modifies or
terminates said notice upon a showing of good cause by the Developer or successor in
interest.
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PC RESO NO. 6350 -4-
1 NOTICE
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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
4 "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
o 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.
13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 7th day of November, 2007 by the
following vote, to wit:
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AYES: Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez,
Douglas, Montgomery, and Whitton
18 NOES:
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ABSENT:
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ABSTAIN:21
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23 ..
JULIE EU.KE& Chairperson
24 CARLSB>t&4»LANNING COMMISSION
Ou.
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26 ATTEST:
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f\i moi:
JLX.
DONNEU
Planning Director
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