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Home My WebLink About2008-02-06; Planning Commission; Resolution 63741 PLANNING COMMISSION RESOLUTION NO. 6374 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN TO DEVELOP AN 18,578 SQUARE 4 FOOT OFFICE BUILDING AND TO SUBDIVIDE THE 5 BUILDING INTO 30 AIRSPACE OFFICE CONDOMINIUM UNITS ON A 1.48-ACRE PARCEL GENERALLY LOCATED 6 AT THE SOUTH-EAST CORNER OF EL CAMINO REAL AND COUGAR DRIVE IN LOCAL FACILITIES MANAGEMENT 7 ZONE 5. CASE NAME: EL CAMINO TERRACE 8 CASE NO.: SDP 06-07 9 WHEREAS, Tycoon Development Corporation, "Developer/Owner," has filed 10 a verified application with the City of Carlsbad regarding property described as 12 Parcel 3 of Parcel Map No. 18059, in the City of Carlsbad, County of San Diego, State of California, according to map 13 thereof filed in the San Diego County Recorder's Office on July 2,1998 14 ("the Property"); and 16 WHEREAS, said verified application constitutes a request for a Site Development 17 Plan as shown on Exhibits "A" - "O" dated February 6, 2008, on file in the Planning 18 Department, EL CAMINO TERRACE - SDP 06-07 as provided by Chapter 21.06/Section 19 21.53.120 of the Carlsbad Municipal Code; and 20 WHEREAS, the Planning Commission did, on February 6, 2008 , hold a duly 21 _~ noticed public hearing as prescribed by law to consider said request; and 23 WHEREAS, at said public hearing, upon hearing and considering all testimony 24 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 25 relating to the Site Development Plan. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 27 Commission of the City of Carlsbad as follows: 28 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning 2 Commission APPROVES EL CAMINO TERRACE - SDP 06-07 based on the following findings and subject to the following conditions: 3 Findings: 4 1. That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the General Plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or 7 traffic circulation, in that the proposed office use is appropriate in the Planned Industrial (PI) General Plan Land Use designation and Industrial (M) and Qualified ° Development (Q) Overlay Zoning designation; the proposed project meets the minimum development standards for the M-Q Zone; and the adequate separation of uses provided will ensure compatibility with the adjacent professional office, I o industrial, residential care facility and open space land uses. II 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that the project site can accommodate the proposed office development while providing all required setbacks, parking, landscaping, and other amenities required by applicable City regulations and development standards without the need for a variance from development standards. 14 That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust 15 the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the project provides the required setbacks and 1 incorporates landscaping consistent with the City of Carlsbad Landscape Manual, and all site features, including but not limited to yards, setbacks, retaining walls, landscaping and parking will be maintained through an owner's association. 18 4. That the street systems serving the proposed use is adequate to properly handle all traffic 19 generated by the proposed use, in that El Camino Real, a prime arterial roadway, Cougar Drive and Palmer Way all have adequate capacity to handle the 380 ADT generated by the project. The project access to El Camino Real is from Cougar Drive, which is a right-in, right-out intersection. 22 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 23 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. 4*1 Conditions; 26 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of the final map. 27 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 implemented and maintained according to their terms, the City shall have the right to PC RESO NO. 6374 -2- revoke or modify all approvals herein granted; deny or further condition issuance of all 2 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 3 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 or a successor in interest by the City's approval of this Site Development Plan. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 6 and modifications to the Site Development Plan documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development 7 shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval.8 9 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. 10 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 13 unless the City Council determines that the project without the condition complies with all requirements of law. 14 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 and costs, including court costs and attorney's fees incurred by the City arising, directly 17 or indirectly, from (a) City's approval and issuance of this Site Development Plan, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and i Q (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 20 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 21 approval is not validated. 6. This approval is granted subject to the approval of CT 06-17, PUD 06-15, and SUP 06- 23 04 and is subject to all conditions contained in Planning Commission Resolutions No. 6372,6373, and 6375 for those other approvals incorporated herein by reference. 24 25 26 27 28 PC RESO NO. 6374 -3- 1 NOTICE 2 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 A "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 g 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 11 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 February 6, 2008, by the following 15 vote, to wit: 16 AYES: Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez, Douglas, Montgomery, and Whitton 18 19 NOES: 20 ABSENT: 21 ABSTAIN: 22 23 24 JULIE BiKER>Chairperson 25 CARLSBAELPIANNING COMMISSION 26 ATTEST: 27 28 DON NEU Planning Director PC RESO NO. 6374 -4-