HomeMy WebLinkAbout2008-07-16; Planning Commission; Resolution 64301 PLANNING COMMISSION RESOLUTION NO. 6430
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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 ALLOW FOR THE
4 SUBDIVISION OF 9.9 ACRES OF LAND INTO THREE
5 INDUSTRIAL LOTS, AND THE DEVELOPMENT OF 143,100
SQUARE FEET OF PLANNED INDUSTRIAL/OFFICE SPACE
6 WITHIN TWO THREE-STORY BUILDINGS GENERALLY
LOCATED SOUTH OF PALOMAR AIRPORT ROAD, EAST OF
7 EL CAMINO REAL AT THE NORTHWEST CORNER OF
GATEWAY ROAD AND CAMPBELL PLACE IN LOCAL
8 FACILITIES MANAGEMENT ZONE 17.
9 CASE NAME: BRESSI RANCH LOTS 10-13
CASE NO: SUP 07-06
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WHEREAS, Smith Consulting Architects, "Applicant," has filed a verified
^2 application with the City of Carlsbad regarding property owned by Pivotal 650 California
13 Street, LLC, an Arizona limited liability co., "Owner," described as
14 Lots 10 - 13 of Carlsbad Tract CT 02-15 Bressi Ranch, in the
1 _ City of Carlsbad, County of San Diego, State of California,
according to Map thereof No. 14960, filed in the Office of the
15 County Recorder of San Diego County, February 4,2005
17 ('the Property"); and
1 8 WHEREAS, said verified application constitutes a request for a Scenic Corridor
19 . Special Use Permit as shown on Exhibits "A" - "P" dated July 16, 2008, on file in the Planning
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Department, BRESSI RANCH LOTS 10 - 13 - SUP 07-06, as provided by Chapter 21.40 of
~~ the Carlsbad Municipal Code; and
23 WHEREAS, the Planning Commission did on July 16, 2008 hold a duly noticed
24 public hearing as prescribed by law to consider said request; and
25 WHEREAS, at said public hearing, upon hearing and considering all testimony
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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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1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.4
r B) That based on the evidence presented at the public hearing, the Commission
APPROVES BRESSI RANCH LOTS 10 - 13 - SUP 07-06, based on the
6 following findings and subject to the following conditions:
Findings:
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1. The Planning Commission has determined that:
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g 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
10 been given, which includes statements that this activity is within the scope of the
program approved earlier, and that the program EIR adequately describes the
1! activity for the purposes of CEQA); [ 15168( c)(2) and (e)]; and/or
12 b. this project is consistent with the Master Plan cited above; and
13 c. the Bressi Ranch Master Plan Final EIR 98-04 was certified by the City
14 Council on July 9, 2002 in connection with the prior project or plan; and
15 d. the project has no new significant environmental effect not analyzed as significant
in the prior EIR; and
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e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR
under CEQA Guidelines Sections 15162 or 15163 exist; and
18 The Planning Commission finds that all feasible mitigation measures or project
19 alternatives identified in the EIR 98-04, which are appropriate to this Subsequent Project,
have been completed, incorporated into the project design or are required as conditions of
20 approval for this Subsequent Project.
21 2. The proposed project conforms to the intent of the Scenic Preservation Overlay in that
22 the project complies with all applicable provisions of the El Camino Real Corridor
Development Standards by 1) supporting the planned "campus type" research,
23 business, service center design theme, and 2) providing adequate setbacks 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.
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3. The proposed project will not adversely affect the scenic, historical, or cultural qualities
26 of the property in that there are no views of notable landmarks, mountains or other
unique topographical features as seen from the property to preserve nor are there
27 any areas of significant historical or cultural value on the property.
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4. The proposed project implements the goals and objectives of the General Plan in that the
2 property is proposed to be developed with an industrial/office use consistent with
the Planned Industrial (PI) General Plan Land Use designation.
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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
c 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.
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Conditions;
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
building permit or grading permit, whichever shall occur first.
9 1. Staff is authorized and directed to make, or require Developer to make, all corrections
10 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
11 shall occur substantially as shown in the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
2. If any of the following conditions fail to occur, or if they are, by their terms, to be
14 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
15 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
issued under the authority of approvals herein granted; record a notice of violation on the
17 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
18 or a successor in interest by the City's approval of this Special Use Permit.
3. Staff is authorized and directed to make, or require Developer to make, all corrections
2Q 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
21 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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-, 4. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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5. If any condition for construction of any public improvements or facilities, or the payment
25 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
27 unless the City Council determines that the project without the condition complies with
all requirements of law.
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6. 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.
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7. Prior to the issuance of a building permit, the Developer shall provide proof to the
9 Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
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8. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 17 Local Facilities Management Plan and any amendments made to
j2 that Plan prior to the issuance of building permits, including, but not limited to the
following:
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a. A growth management park fee of $0.40 per square foot of non-residential
14 development will be collected at the time of building permit issuance. This fee
1. will be used to construct recreational facilities to offset demand created by
employees within Local Facilities Management Zone 17.
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9. Building permits will not be issued for this project unless the local agency providing
17 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
time of the application for the building permit, and that water and sewer capacity and
i o facilities will continue to be available until the time of occupancy.
20 10. This approval is granted subject to the approval of PIP 07-06, PUD 08-06, and MCUP
08-08 and is subject to all conditions contained in the Planning Director's approval
21 letter for these other approvals incorporated herein by reference.
22 11. This approval is granted subject to the approval of Minor Subdivision MS 07-10 and is
23 subject to all conditions contained in the City Engineer's approval letter for this other
approval incorporated herein by reference.
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12. This approval shall become null and void upon the expiration of Minor Subdivision
MS 07-10.
26 13. 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
be filed in the office of the County Recorder, subject to the satisfaction of the Planning
28 Director, notifying all interested parties and successors in interest that the City of
Carlsbad has issued a Special Use Permit by Resolution No. 6430 on the property. Said
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Notice of Restriction shall note the property description, location of the file containing
2 complete project details and all conditions of approval as well as any conditions or
restrictions specified for inclusion in the Notice of Restriction. The Planning Director has
3 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.
Code Reminders
14. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as
required by Chapter 20.44 of the Carlsbad Municipal Code.o
n 15. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
I 0 permit issuance, except as otherwise specifically provided herein.
II 16. The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
17. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
14 18. Any signs proposed for this development shall at a minimum be designed in conformance
15 with the El Camino Real Corridor Standards, Bressi Ranch Sign Program, and the City's
Sign Ordinance and shall require review and approval of the Planning Director prior to
1 6 installation of such signs.
17 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
20 "fees/exactions."
21 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
22 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
24 annul their imposition.
25 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
27 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
28 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 July 16, 2008 by the following vote, to
wit:
AYES:
NOES:
Commissioners Baker, Boddy, Dominguez, Montgomery, and
Chairperson Whitton
ABSENT: Commissioner Cardosa
ABSTAIN: Commissioner Douglas
^FRANK H. WHITTON, Chairperson
/CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
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