HomeMy WebLinkAbout2009-07-15; Planning Commission; Resolution 65841 PLANNING COMMISSION RESOLUTION NO. 6584
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF CONDOMINIUM PERMIT CP 01-03 FOR THE
4 DEVELOPMENT OF UP TO 60 AIRSPACE OFFICE UNITS ON
7.14 ACRES OF PROPERTY GENERALLY LOCATED ON
PROPERTY GENERALLY LOCATED NORTHERLY AND
6 EASTERLY OF THE LA COSTA AVENUE AND RANCHO
SANTA FE ROAD INTERSECTION IN THE SOUTHEAST
7 QUADRANT OF THE CITY IN LOCAL FACILITIES
MANAGEMENT ZONE 11.
8 CASE NAME: LA COSTA TOWN SQUARE OFFICE
9 CASE NO.: CP01-03
10 WHEREAS, La Costa Town Square, LLC, "Developer/Owner," has filed a
11 verified application with the City of Carlsbad regarding property described as
12 A portion of Section 31, Township 12 South and a portion of
13 Section 6, Township 13 South, Range 4 West, San Bernardino
Meridian, together with portions of Lots 4 and 5 of Rancho Las
14 Encinitas according to Map thereof No 848, in the City of
Carlsbad, County of San Diego, State of California
16 ("the Property"); and
17 WHEREAS, said verified application constitutes a request for a Condominium
18 Permit as shown on Exhibits "A" - "G" of CT 08-07 and Exhibits "A" - "LL" of CT 01-09 as
19 related to CT 08-07 dated July 1, 2009, on file in the Planning Department, LA COSTA
20 TOWN SQUARE - CP 01-03, as provided by Chapter 21.45 of the Carlsbad Municipal Code;
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and
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WHEREAS, the Planning Commission did, on July 1, 2009 and July 15, 2009,
24 hold a duly noticed public hearing as prescribed by law to consider said request; and
25 WHEREAS, at said public hearing, upon hearing and considering all testimony
^" and arguments, if any, of persons desiring to be heard, said Commission considered all factors
27 relating to the Condominium Permit.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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 RECOMMENDS APPROVAL of LA COSTA TOWN SQUARE - CP 01-03,
based on the following findings and subject to the following conditions:
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<- Findings;
5 1. That the granting of this permit will not adversely affect and will be consistent with
the Municipal Code, the General Plan, applicable specific plans, master plans, and all
7 adopted plans of the City and other governmental agencies, in that the project is
consistent with the Office Land Use designation and La Costa Master Plan
which identifies the site as an Office site and all development standards of the
o Office (O) Zone and Title 20 and 21 regulations governing subdivisions and the
design of Non-residential planned developments.
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2. That the proposed use at the particular location is necessary and desirable to provide a
11 service or facility which will contribute to the general long-term well-being of the
neighborhood and community, in that the proposed non-residential planned
development will be compatible with the surrounding commercial, open space
13 and residential uses and will provide opportunities for services and employment
of local residents.
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3. That such project will not be detrimental to the health, safety, or general welfare of
15 persons residing or working in the vicinity, or injurious to property or improvements
^ in the vicinity, in that the Open Space Land Use creates an adequate buffer
between the Office and Residential Low Medium density Land Use and that La
17 Costa Avenue, a Circulation Element roadway, separates the Residential
Medium High Density from the Office Use designation. Access is provided at a
18 proposed signalized intersection of La Costa Avenue and Calle Timiteo.
4. The proposed nonresidential planned development meets all of the minimum
20 development standards of the underlying zone, except for lot area in that the project
site can accommodate the proposed development while complying with all
21 setbacks, lot coverage, and height development standards and public facilities
requirements specified in the La Costa Master Plan, LFMP Zone 11 and C.M.C.
22 Title 21.
23 5. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
24 Code Section 14.28.020 and Landscape Manual Section I B).
25 6. 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
26 exactions are imposed 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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PC RESO NO. 6584 -2-
Conditions;
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
3 grading permit or recordation of a final map, whichever occurs first.
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
6 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
7 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
or a successor in interest by the City's approval of this Condominium Permit.
10 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Condominium Permit documents, as necessary to make 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
14 regulations in effect at the time of building permit issuance.
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
17 Section 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
18 with all requirements of law.
19 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
20 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
21 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 Condominium Permit,
22 (b) City's 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,
24 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
25 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.26
6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
the Site Plan reflecting the conditions approved by the final decision-making body.
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7. This approval is granted subject to certification of EIR 01-02 and the approval of GPA
01-02, MP 149(R), LFMP 87-11(C), CT 08-07, HDP 01-05, and SDP 01-03 and is
PCRESONO. 6584 -3-
subject to all conditions contained in Planning Commission Resolutions No. 6577, 6578,
2 6579, 6580, 6583, 6586, and 6587 for those other approvals incorporated herein by
reference.
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8. This approval shall become null and void if building permits are not issued for this
4 project within 36 months from the date of final map recordation of CT 08-07.
9. Developer shall implement, or cause the implementation of, the La Costa Town Square
5 EIR 01-02 Project Mitigation Monitoring and Reporting Program.
7 10. Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
8 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
facilities will continue to be available until the time of occupancy.
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11. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
11 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
,-, Local Facilities Management Plan fee for Zone 11, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
14 approval will not be consistent with the General Plan and shall become void.
15 12. 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 Director, notifying all interested
jy parties and successors in interest that the City of Carlsbad has issued a(n) Condominium
Permit by Resolution No. 6584 on the property. Said Notice of Restriction shall note the
18 property description, location of the file containing complete project details and all
conditions of approval as well as any conditions or restrictions specified for inclusion in
19 the Notice of Restriction. The Planning Director has 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.
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Code Reminders:
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13. Developer shall pay a landscape plancheck and inspection fee as required by Section
23 20.08.050 of the Carlsbad Municipal Code.
24 14. Approval of this request shall not excuse compliance with all applicable sections of the
25 Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
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15. The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the California Building Code.
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NOTICE
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."
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
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
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
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
expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on July 15, 2009, by the following vote, to
wit:
Commissioners Baker, Boddy, Douglas, L'Heureux, Nygaard, and
Chairperson Montgomery
AYES:
NOES:
ABSENT:
ABSTAIN: Commissioner Dominguez
. MONTG(
CARLSBAD PLANNIN
ATTEST:
>erson
ON
DON NEU
Planning Director
PC RESO NO. 6584 -5-