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HomeMy WebLinkAbout2007-12-05; Planning Commission; Resolution 63641 PLANNING COMMISSION RESOLUTION NO. 6364 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A NON- RESIDENTIAL PLANNED DEVELOPMENT PERMIT TO 4 SUBDIVIDE A 19,760 SQUARE FOOT TWO-STORY 5 MEDICAL OFFICE BUILDING INTO 10 NON-RESIDENTIAL AIRSPACE CONDOMINIUM UNITS ON A 1.94 ACRE SITE 6 GENERALLY LOCATED ON THE SOUTHEAST CORNER OF EL CAMINO REAL AND TOWN GARDEN ROAD IN PLANNING AREA 1 OF THE BRESSI RANCH MASTER PLAN AND IN LOCAL FACILITIES MANAGEMENT ZONE 17. 9 CASE NAME: BRESSI RANCH MEDICAL PLAZA CASE NO.: PUD 07-04 10 WHEREAS, David Di Rienzo, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Bressi Ranch Medical Plaza, LLC, "Owner," 13 described as 14 Lot 1 of Carlsbad Tract 02-15 Bressi Ranch, in the City of ,„ Carlsbad, County of San Diego, State of California, according to the map thereof No. 14960, filed in the office of the County 16 Recorder of San Diego County, February 4,2005 17 ("the Property"); and 18 WHEREAS, said verified application constitutes a request for a Nonresidential 20 Planned Unit Development Permit as shown on Exhibits "A" - "M" dated December 5, 2007, 21 on file in the Planning Department BRESSI RANCH MEDICAL PLAZA - PUD 07-04 as 22 provided by Chapter 21.47 of the Carlsbad Municipal Code; and 23 WHEREAS, the Planning Commission did, on the 5th day of December 2007, 24 hold a duly noticed public hearing as prescribed by law to consider said request; and 26 WHEREAS, at said public hearing, upon hearing and considering all testimony 27 and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Nonresidential Planned Unit Development Permit. 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 e- B) That based on the evidence presented at the public hearing, the Commission APPROVES BRESSI RANCH MEDICAL PLAZA - PUD 07-04 based on the 6 following findings and subject to the following conditions: 7 Findings; 8 1. The granting of this permit will not adversely affect and will be consistent with the code, g the general plan, applicable specific plans, master plans, and all adopted plans of the city and other governmental agencies in that the proposed project is consistent with the 10 Office (O) General Plan Land Use designation and all development standards of the Bressi Ranch Master Plan as well as the Carlsbad Municipal Code Titles 20 and 11 21 regulations governing subdivisions and the design of nonresidential planned developments. 13 2. The proposed use at the particular location is necessary and desirable to provide a service or facility, which will contribute to the general well being of the neighborhood and the 14 community in that the proposed nonresidential planned development will be located on a proposed Office (O) zoned lot. The project will be compatible with the 5 surrounding Office, Industrial, and designated Open Space uses and will provide 1 g opportunities for employment of local residents. 17 3. Such use will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the 18 vicinity in that the project is located outside of the 60 CNEL noise contour and has been determined to be consistent with the McClellan-Palomar Airport ALUCP by the San Diego County Regional Airport Authority on October 4, 2007. All public 20 facilities and services already exist at the site. Adequate access to the site exists via Metropolitan Street. The subdivision includes all necessary features to be 21 compatible with surrounding development. The nonresidential planned development will not pose a safety hazard to the occupants of the Planned Industrial, Office, or Open Space zones. 23 4. In granting a Nonresidential Planned Development (PUD) permit, the City Council, 24 Planning Commission or Planning Director may modify the plan or impose such conditions as it deems necessary to protect the public health, safety and general welfare. 25 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 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. 6364 -2- Conditions: 2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of 3 the final map. ^ 1. If any of the following conditions fail to occur; or if they are, by their terms, to be r 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 Nonresidential Planned Development Permit. 10 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Nonresidential Planned Development Permit documents, as 12 necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. 13 Any proposed development different from this approval, shall require an amendment to this approval. 14 . _ 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. 16 4. If any condition for construction of any public improvements or facilities, or the payment 17 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 in unless the City Council determines that the project without the condition complies with all requirements of law. 20 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold 21 harmless the City of Carlsbad, its Council members, officers, employees, agents, and __ 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 23 or indirectly, from (a) City's approval and issuance of this Nonresidential Planned Development Permit, (b) City's approval or issuance of any permit or action, whether 24 discretionary or non-discretionary, 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 25 facility of electromagnetic fields or other energy waves or emissions. 27 6. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 28 PC RESO NO. 6364 -3- 7. This approval is granted subject to the adoption of the Negative Declaration and 2 approval of GPA 07-07, MP 178(F), CT 07-04, SDP 07-03, and SUP 05-17 and is subject to all conditions contained in Planning Commission Resolutions No. 6359, 6360, 3 6361,6362,6363 and 6365 for those other approvals. 4 NOTICE 5 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, 6 reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." g 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 9 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 10 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. J2 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, 13 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 14 NOTICE similar to this, or as to which the statute of limitations has previously otherwise 1 ^ expired. 16 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning 17 Commission of the City of Carlsbad, California, held on the 5th day of December 2007, by the 1 R following vote, to wit: 19 AYES: Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez, 20 Douglas, and Montgomery 21 NOES: 22 ABSENT: Commissioner Whitton 23 24 25 JULIE B^KER\ Chairperson CARLSBAD-PLANNING COMMISSION 26 ATTESTf 28 DON NEU~ Planning Director PCRESONO. 6364 -4-