HomeMy WebLinkAbout2009-03-18; Planning Commission; Resolution 65391 PLANNING COMMISSION RESOLUTION NO. 6539
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A TWO
YEAR RETROACTIVE EXTENSION OF A SCENIC
4 CORRIDOR SPECIAL USE PERMIT TO ALLOW THE
5 DEVELOPMENT OF A 102,191 SQUARE FOOT HEALTH
CLUB ON A 15.94 ACRE PROPERTY LOCATED ON THE
6 SOUTHWEST CORNER OF THE INTERSECTION OF EL
CAMINO REAL AND PALOMAR AIRPORT ROAD IN LOCAL
7 FACILITIES MANAGEMENT ZONE 5.
CASE NAME: PACIFIC ATHLETIC CLUB
8 CASE NO: SUP 06-03x1
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WHEREAS, Western Athletic Clubs, "Developer," has filed a verified
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application with the City of Carlsbad regarding property owned by County of San Diego,
12 Department of Public Works, Airports, "Owner," described as
13 That portion of Palomar Airport in Lot "G" of the Rancho
Hedionda, in the City of Carlsbad, in the County of San Diego,
14 State of California, According to Partition Map thereof No.
832, filed in the Office of the County Recorder of said San
Diego County, and described in the title report
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('the Property"); and
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WHEREAS, said verified application constitutes a request for a Scenic Corridor18
1 Q Special Use Permit Extension as shown on Exhibits "A" - "QQ" dated June 20, 2007, on file in
20 the Planning Department, PACIFIC ATHLETIC CLUB - SUP 06-03x1, as provided by
2 * Chapter 21.40 of the Carlsbad Municipal Code; and
22 WHEREAS, on June 20, 2007, the Planning Commission approved SUP 06-03,
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as described and conditioned in Planning Commission Resolution No. 6317; and
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WHEREAS, the Planning Commission did on March 18, 2009 hold a duly
26 noticed public hearing as prescribed by law to consider said request; and
27 WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Scenic Corridor Special Use Permit Extension; and
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2 Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
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<- B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES PACIFIC ATHLETIC CLUB - SUP 06-03x1, based
6 on the following findings and subject to the following conditions:
Findings:
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1. All findings contained in Planning Commission Resolution No. 6317 dated June 20,
° 2007, for SUP 06-03 are incorporated herein by reference and remain in effect.
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2. The Planning Commission has reviewed each of the exactions imposed on the Developer
JO 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
11 degree of the exaction is in rough proportionality to the impact caused by the project.
17 Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
14 a grading or building permit, whichever occurs first.
15 i. 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
17 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
18 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
2Q or a successor in interest by the City's approval of this Special Use Permit Extension.
21 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Special Use Permit Extension documents, as necessary to make
22 them internally consistent and in conformity with the final action on the project.
,,- Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
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3. Developer shall comply with all applicable provisions of federal, state, and local laws and
25 regulations in effect at the time of building permit issuance.
r\s-
4. If any condition for construction of any public improvements or facilities, or the payment
27 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
28 66020. If any such condition is determined to be invalid, this approval shall be invalid
PCRESONO. 6539 -2-
unless the City Council determines that the project without the condition complies with
2 all requirements of law.
3 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
6 Extension, (b) City's approval or issuance of any permit or action, whether discretionary
or nondiscretionary, in connection with the use contemplated herein, and
7 (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
9 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
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6. This approval is granted subject to the approval of SDP 06-05x1 and is subject to all
conditions contained in Planning Commission Resolutions No. 6538 for those other
12 approvals incorporated herein by reference.
13 7. All conditions contained in Planning Commission Resolution No. 6317 dated June
20, 2007 for SUP 06-03 are incorporated herein by reference and remain in effect.
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. This approval shall become null and void if building permits are not issued for this
project by December 20, 2010. Approval for Phase Two improvements shall become
16 null and void if building permits are not issued for Phase Two within 10 years from
the completion of Phase One. Subsequent development of Phase Two, after permit
1 7 expiration, shall require a Special Use Permit Amendment.
1 8 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
"fees/exactions."
22 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
23 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
25 annul their imposition.
26 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
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
PC RESO NO. 6539 -3-
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NOTICE similar to this,
expired.
or as to which the statute of limitations has previously otherwise
PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on March 18, 2009 by the following vote,
to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
^ >1* "flda rm«*
MAFffCrf. MdNTGO
CARLSBAD PLANNINd
ATTEST:
kL / WA
DON NEU
Planning Director
PC RESO NO. 6539
Commissioners Baker, Boddy, Cardosa, Dominguez, Douglas,
Whitton, and Chairperson Montgomery
I•tcf^LfERY, Chrfferson
TOMMI^lDN
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