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Home My WebLink About2009-09-02; Planning Commission; Resolution 66281 PLANNING COMMISSION RESOLUTION NO. 6628 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A THREE YEAR EXTENSION OF A SCENIC CORRIDOR SPECIAL USE 4 PERMIT FOR THE DEVELOPMENT OF A 23.086-ACRE SITE 5 WITH EIGHT OFFICE/INDUSTRIAL BUILDINGS TOTALING 390,000 SQUARE FEET AND A PARKING DECK ON 6 PROPERTY LOCATED IN BRESSI RANCH PLANNING AREA 2, NORTH OF TOWN GARDEN ROAD, SOUTH OF 7 GATEWAY ROAD, EAST OF EL CAMINO REAL, AND WEST OF ALICANTE ROAD IN LOCAL FACILITIES 8 MANAGEMENT ZONE 17. 9 CASE NAME: BRESSI RANCH PLANNING AREA 2 CASE NO: SUP 05-18x1 10 WHEREAS, HCP LS CARLSBAD, LLC, "Developer/Owner," has filed a , ~ verified application with the City of Carlsbad regarding property described as 13 Lots 2-9 of Carlsbad Tract No. 02-15, in the City of Carlsbad, County of San Diego, State of California, According to Map 14 Thereof No. 14960, Filed in the Office of the County Recorder of San Diego County, February 4, 2005, as File No. 2005- 0096673 of Official Records 16 ('the Property"); and 17 WHEREAS, said verified application constitutes a request for a Scenic Corridor18 j o Special Use Permit Extension as shown on Exhibits "A" - "TT" dated November 7, 2007, on 20 file in the Planning Department, BRESSI RANCH PLANNING AREA 2 - SUP 05-18x1, as 21 provided by Chapter 21.40 of the Carlsbad Municipal Code; and 22 WHEREAS, on November 7, 2007, the Planning Commission approved SUP 23 05-18, as described and conditioned in Planning Commission Resolution No. 6350; and 24 WHEREAS, the Planning Commission did, on September 2, 2009, hold a duly 25 noticed public hearing as prescribed by law to consider said request; and 27 WHEREAS, at said public hearing, upon hearing and considering all testimony 2° 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. 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad as follows: 3 A) That the foregoing recitations are true and correct. 4 <- B) That based on the evidence presented at the public hearing, the Commission APPROVES BRESSI RANCH PLANNING AREA 2 - SUP 05-18x1, based on 6 the following findings and subject to the following conditions: 7 Findings; o0 1. All findings contained in Planning Commission Resolution No. 6350 dated November 7, o 2007 for SUP 05-18 are incorporated herein by reference and remain in effect. 10 2. 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 11 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. 13 Conditions: 14 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a building permit or grading permit, whichever shall occur first. 15 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 17 implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all 18 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 property title; institute and prosecute litigation to compel their compliance with said 20 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 Special Use Permit Extension. 21 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 22 and modifications to the Special Use Permit Extension 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 24 development, different from this approval, shall require an amendment to this approval. 25 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.26 27 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 28 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 PC RESO NO. 6628 -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. 10 6. 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 Director, notifying all interested parties and successors in interest that the City of 13 Carlsbad has issued a Special Use Permit Extension by Resolution No. 6628 on the property. Said Notice of Restriction shall note the 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 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. 17 7. This approval is granted subject to the approval of PIP 05-25x1 and is subject to all conditions contained in the Planning Director's approval letter for this other approval 1 9 incorporated herein by reference. 20 8. This Special Use Permit (SUP 05-18x1) shall expire concurrently with PIP 05-25x1. 9. All conditions contained in Planning Commission Resolution No. 6350 dated ~~ November 7, 2007 for SUP 05-18 are incorporated herein by reference and remain in effect. 23 24 25 26 27 28 PC RESO NO. 6628 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 September 2, 2009 by the following vote, to wit: AYES: NOES: Commissioners Baker, Dominguez, L'Heureux, Schumacher, and Chairperson Montgomery Nygaard, ABSENT: Commissioner Douglas ABSTAIN: MARTELL B. MONTGOMERY J^airperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6628 -4-