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HomeMy WebLinkAbout1999-09-01; Planning Commission; Resolution 46034 0 0 L. 1 2 3 4 5 6 7 8 9 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 ~ 10 WHEREAS, Kelly Ranch Corporate Center I, LLC , “Developer”, 1 11 12 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 13 14 15 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 16 l9 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 20 21 22 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 25 26 relating to the Coastal Development Permit. arguments, if any, of all persons desiring to be heard, said Commission considered 27 of the City of Carlsbad as follows: 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning CI a’ d 0 0 1 A) That the foregoing recitations are true and correct. 2 3 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 4 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 6 Agricultural Overlay Zone, and the Coastal Resource Protection Overlay Zl policies of the Mello I1 Segment of the Local Coastal Program, thl 7 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 9 lo 11 3. The project is consistent with the provisions of the Coastal Resource 1 11 12 13 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. 18 19 20 21 22 23 24 25 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- 5 -# 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 I 0 0 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 ... ... ... ... ... .. . ... .. . PC RES0 NO. 4603 -3 - I be .I 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 l e e 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-