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Home My WebLink About2008-02-06; Planning Commission; Resolution 63751 PLANNING COMMISSION RESOLUTION NO. 6375 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A SCENIC CORRIDOR SPECIAL USE PERMIT TO DEVELOP AN 18,578 4 SQUARE FOOT OFFICE BUILDING AND TO SUBDIVIDE 5 THE BUILDING INTO 30 AIRSPACE OFFICE CONDOMINIUM UNITS ON A 1.48-ACRE PARCEL 6 GENERALLY LOCATED AT THE SOUTH-EAST CORNER OF EL CAMINO REAL AND COUGAR DRIVE IN LOCAL 7 FACILITIES MANAGEMENT ZONE 5. CASE NAME: EL CAMINO TERRACE * CASE NO: SUP 06-04 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 Scenic Corridor 17 Special Use Permit as shown on Exhibits "A" - "O" dated February 6, 2008, on file in the 18 Planning Department, EL CAMINO TERRACE - SUP 06-04, as provided by Chapter 21.40 19 of the Carlsbad Municipal Code; and 20 WHEREAS, the Planning Commission did on February 6, 2008 hold a duly 21 22 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 Scenic Corridor Special Use Permit. 26 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 Commission 2 APPROVES EL CAMINO TERRACE - SUP 06-04, based on the following findings and subject to the following conditions: 3 Findings;4 e 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 6 Development Standards, and the proposed office project supports the "campus-like" design of the area as it is architecturally styled similar to, and compatible with, the 7 surrounding buildings, and the building provides an adequate setback from El 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. 9 2. The proposed project implements the goals and objectives of the General Plan in that the 10 property is proposed to be developed with office uses which are consistent with the Planned Industrial Land Use designation. 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 13 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. 14 Conditions:15 ,/- Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of the final map. 17 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 18 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 1" revoke or modify all approvals herein granted; deny or further condition issuance of all 2Q 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 21 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 22 or a successor in interest by the City's approval of this Special Use Permit. n-5ZJ 2. Staff is authorized and directed to make, or require Developer to make, all corrections 24 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 25 shall occur substantially as shown in the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 26 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. 28 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 PC RESO NO. 6375 -2- challenged, this approval shall be suspended as provided in Government Code Section 2 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 3 all requirements of law. 4 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 or indirectly, from (a) City's approval and issuance of this Special Use Permit, (b) City's 7 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 10 concluded and continues even if the City's approval is not validated. 11 6. This approval is granted subject to the approval of CT 06-17, PUD 06-15, and SDP 06- 07 and is subject to all conditions contained in Planning Commission Resolutions No. 6372, 6373, and 6374 for those other approvals incorporated herein by reference. NOTICE 14 , f. 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 16 "fees/exactions." 17 You have 90 days from date of final approval to protest imposition of these fees/exactions. If y°u 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 19 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 20 annul their imposition. 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 23 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 24 expired. 25 26 27 28 PC RESO NO. 6375 -3- 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning 2 Commission of the City of Carlsbad, California, held on February 6, 2008 by the following 3 vote, to wit:4 " 5 6 AYES: Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez, Douglas, Montgomery, and Whitton 7 8 NOES: 9 ABSENT: 10 ABSTAIN:11 12 13 JULIE BAKER\Chairperson 14 CARLSBAD j'LANNING COMMISSION 15 16 ATTEST: 17 18 DONNEU Planning Director 20" 21 22 23 24 25 26 27 28 PC RESO NO. 6375 -4-