HomeMy WebLinkAbout1999-09-01; Planning Commission; Resolution 46034 0 0
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PLANNING COMMISSION RESOLUTION NO. 4603
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
DEVELOPMENT PERMIT NO. CDP 97-52 TO ALLOW THE
CONSTRUCTION OF FOUR TWO-STORY MULTI-TENANT
OFFICE BUILDINGS CONTAINING A TOTAL OF 250,093
SQUARE FEET OF BUILDING AREA ON A 25.38 ACRE SITE
GENERALLY LOCATED ON THE SOUTH SIDE OF
PALOMAR AIRPORT ROAD EXTENDING FROM AN AREA
WEST OF HIDDEN VALLEY ROAD ON THE WEST TO
AVIARA PARKWAY ON THE EAST IN LOCAL FACILITIES
MANAGEMENT ZONE 5.
CASE NAME: KELLY CORPORATE CENTER
CASE NO.: CDP 97-52
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10 WHEREAS, Kelly Ranch Corporate Center I, LLC , “Developer”, 1
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verified application with the City of Carlsbad regarding property owned by Kel
Corporate Center I, LLC and the Kelly Family Trust 3, “Owner”, described as
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Parcels 1 & 2 of City of Carlsbad Boundary Adjustment No.
494 & Parcel 2 of City of Carlsbad Boundary Adjustment No.
388, excepting therefrom the portion lying easterly of Aviara
Parkway
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Development Permit as shown on Exhibits “A” - “X” dated September 1, 1999, on l8
WHEREAS, said verified application constitutes a request for 17
(“the Property”); and
Planning Department, KELLY CORPORATE CENTER CDP 97-52 as provided k
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21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 1st day of Septen: I/ hold a duly noticed public hearing as prescribed by law to consider said request; and 23
24 ll WHEREAS, at said public hearing, upon hearing and considering all test
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26 relating to the Coastal Development Permit.
arguments, if any, of all persons desiring to be heard, said Commission considered
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of the City of Carlsbad as follows: 28
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning CI
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1 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 Cc
following findings and subject to the following conditions:
APPROVES KELLY CORPORATE CENTER CDP 97-52 bast
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5 1. That the proposed development is in conformance with the Certified LOC
Program and all applicable policies in that the project is in compliance with th
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Agricultural Overlay Zone, and the Coastal Resource Protection Overlay Zl
policies of the Mello I1 Segment of the Local Coastal Program, thl
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2. The project site is located in the Coastal Agricultural Overlay Zone, acc
Agricultural Conversion Mitigation Fee as required by the Coastal Ag
Overlay Zone (Chapter 21.202 of the Zoning Ordinance).
Findinw:
8 Map X of the Land Use Plan, certified September, 1980, and will
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lo 11 3. The project is consistent with the provisions of the Coastal Resource 1
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Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the PI
adhere to the City’s Master Drainage and Storm Water Quality Managel
and Grading Ordinance to avoid increased runoff and soil erosion and the
prone to landslides or susceptible to accelerated erosion, flood or liquefactia
14 Conditions:
15 1. Staff is authorized and directed to make, or require Developer to make, all corre
modifications to the document(s) necessary to make them internally consistc
16 conformity with final action on the project. Development shall occur subst,
shown in the approved Exhibits. Any proposed development different from thiz
17 shall require an amendment to this approval.
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2. Building permits for at least one of the four office buildings must be issued
months of the date on which the Site Development Plan receives
Commission approval or this approval shall expire. Building permit
remaining buildings shown on the Site Development Plan must be issuec
years of the date on which the Site Development Plan received Planning Cc
approval or the Site Development Plan will expire as it pertains to :
buildings not constructed.
3. Approval of CDP 97-52 is granted subject to the approval of the Mitigated
Declaration, Mitigation Monitoring and Reporting Program and SDP 97-25
52 is granted subject to all conditions contained in Planning Commission Resol
4601 and 4602 for the Mitigated Negative Declaration, Mitigation Monit
Reporting Program and SDP 97-25.
26 4* If a grading permit is required, all grading activities are prohibited from M
of the City Engineer and the responsible wildlife agencies (CDFGRJ 27
to September 15th for the least Bell’s Vireo breeding season unless written
28 PC RES0 NO. 4603 -2-
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obtained. Grading activities are therefore, allowed during a portion of 1
season”. All erosion control and revegetation measures must be implemen
satisfaction of the City Engineer prior to grading.
5. To offset the conversion of non-prime agricultural land to urban land us
requirements of the Mello I1 Local Coastal Program, the applicant sha
payment of an agricultural mitigation fee, the amount of which shall not bc-
$5,000 nor more than $10,000 for each net converted acre of non-prime ag
land. The amount of the fee shall be paid by the applicant prior to appl
final map, issuance of a grading permit or issuance of any buildin:
whichever occurs first and shall be consistent with the provisions of Carlsba
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dl
reservations, or other exactions hereafter collectively referred to for conve
“fees/exa~tions.~~
You have 90 days from date of final approval to protest imposition of these feedexactio:
protest them, you must follow the protest procedure set forth in Government Cod
66020(a), and file the protest and any other required information with the City M:
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure
follow that procedure will bar any subsequent legal action to attack, review, set asidc
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor
zoning, grading or other similar application processing or service fees in connection
project; NOR DOES IT APPLY to any fees/exactions of which you have previously bel
NOTICE similar to this, or as to which the statute of limitations has previously othenvisc
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PC RES0 NO. 4603 -3 -
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 1st day of September 19
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L
Trigas and Welshons
NOES:
ABSENT: Commissioners Nielsen and Segall
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4603 -4-