HomeMy WebLinkAbout2007-12-05; Planning Commission; Resolution 63651 PLANNING COMMISSION RESOLUTION NO. 6365
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A SCENIC
CORRIDOR SPECIAL USE PERMIT TO DEVELOP A 1.94-
4 ACRE PARCEL WITH A 19,760-SQUARE-FOOT MEDICAL
5 OFFICE BUILDING LOCATED ON THE SOUTHEAST
CORNER OF EL CAMINO REAL AND TOWN GARDEN
6 ROAD IN PLANNING AREA 1 OF THE BRESSI RANCH
MASTER PLAN AND IN LOCAL FACILITIES
7 MANAGEMENT ZONE 17.
CASE NAME: BRESSI RANCH MEDICAL PLAZA
8 CASE NO.: SUP 07-01
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WHEREAS, David Di Rienzo, "Developer," has filed a verified application with
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the City of Carlsbad regarding property owned by Bressi Ranch Medical Plaza, LLC, "Owner,"
12 described as
13 Lot 1 of Carlsbad Tract 02-15 Bressi Ranch, in the City of
Carlsbad, County of San Diego, State of California, according
14 to the map thereof No. 14960, filed in the office of the County
., Recorder of San Diego County, February 4,2005
16 ("the Property"); and
17 WHEREAS, said verified application constitutes a request for a Site Development
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Plan as shown on Exhibits "A" - "M" dated December 5, 2007, on file in the Planning
19 Department, BRESSI RANCH MEDICAL PLAZA - SUP 07-01 as provided by Chapter
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21.06/Section 21.53.120 of the Carlsbad Municipal Code; and
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22 WHEREAS, the Planning Commission did, on the 5th day of December, 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
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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 MEDICAL PLAZA - SUP 07-01, based on the
following findings and subject to the following conditions:4
c- Findings;
6 1. The proposed project conforms to the intent of the Scenic Preservation Overlay in that
the project complies with the provisions of the El Camino Real Corridor
7 Development Standards and that the proposed medical office project is designed
such that the building will provide adequate setbacks from El Camino Real to
preclude a "tunnel effect" of buildings along the roadway. The project as proposed
9 has a 50 foot setback from El Camino Real, creating the separation and the lot is
down slope from the roadway, thus the roof, which is at or below the 35 foot
10 maximum from grade, will appear lower. The project as proposed does not obscure
scenic views or impair traffic safety along El Camino Real.
12 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 use which is consistent
13 with the Office Land Use designation.
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
to mitigate impacts caused by or reasonably related to the project, and the extent and the
16 degree of the exaction is in rough proportionality to the impact caused by the project.
17 Conditions;
18 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of
j 9 final map or grading permit, whichever occurs first.
20 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
21 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
23 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
24 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.
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2. Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the Special Use Permit documents necessary to make them
27 internally consistent and in conformity with final action on the project. Development
shall occur substantially as shown in the approved Exhibits. Any proposed development
28 different from this approval shall require an amendment to this approval.
PC RESO NO. 6365 -2-
3, Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
2 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives from and against any and all liabilities, losses, damages, demands, claims
3 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
approval or issuance of any permit or action, whether discretionary or nondiscretionary, in
c 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
6 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
7 concluded and continues even if the City's approval is not validated.
o6 4. This approval is granted subject to the adoption of the Negative Declaration and
9 approval of GPA 07-07, MP 178(F), CT 07-04, SDP 07-03, and PUD 07-04 and is
subject to all conditions contained in Planning Commission Resolutions No. 6359, 6360,
10 6361,6362,6363 and 6364 for those other approvals.
5. This approval shall become null and void if building permits are not issued for this
1» project within 24 months from the date of project approval.
13 NOTICE
14 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 5th day of December 2007, by the
following vote, to wit:
AYES:Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez,
Douglas, and Montgomery
NOES:
ABSENT: Commissioner Whirton
ABSTAIN:
JULIE
CARLS
ATTEST:
Chairperson
ANNING COMMISSION
DON NEU
Planning Director
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