HomeMy WebLinkAbout2001-09-19; Planning Commission; Resolution 50421
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PLANNING COMMISSION RESOLUTION NO. 5042
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF COASTAL DEVELOPMENT PERMIT 01-02 TO
DEVELOP A 15.69 ACRE SITE WITH A 120,000 SQUARE FOOT
OFFICE BUILDING ON PROPERTY GENERALLY LOCATED
ADJACENT AND SOUTH OF PALOMAR AIRPORT ROAD AND
EAST OF AVIARA PARKWAY IN LOCAL FACILITIES
MANAGEMENT ZONE 5.
CASE NAME: PACIFICA PALOMAR OFFICE BUILDING
CASE NO.: CDP 01-02
WHEREAS, Paciiica Enterprises Island Realty 1 Limited Partnership,
“Developer and Owner,” has filed a verified application with the City of Carlsbad regarding
property described as
That portion of that certain parcel of land shown and
designated as description No. 3,78.01 acres on record of survey
map no. 5715, filed in the office of the County Recorder of San
Diego County, December 19,1960, being a portion of Lot G of
the Ranch0 Agua Hedionda, according to map thereof No 823,
filed in the office -of the County Recorder of San Diego County,
November 16, 1896, in the City of Carlsbad, County of San
Diego, State of California, lying southerly of the centerline of
Palomar Airport Road, as shown on County of San Diego Road
Survey No. 1534, on file in the office of the County Surveyor of
said County
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” - “S” dated September 19,200l on file in the
Planning Department, PACIFICA PALOMAR OFFICE BUILDING - CDP 01-02 as
provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 19th day of September, 2001
hold a duly noticed public hearing as prescribed by law to consider said request; and
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 Coastal Development Permit.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
4 That the foregoing recitations are true and correct.
9 That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of PACIFICA PALOMAR OFFICE
BUILDING - CDP 01-02 based on the following findings and subject to the
following conditions:
Fiudinps:
1. That the proposed development is in conformance with the Certified Local Coastal
Program and the General Plan and all applicable policies in that the project is in
compliance with the relevant polices of the Mello II Segment of the local Coastal
Program, the Coastal Agricultural Overlay Zone, and the Coastal Resource
Protection Overlay Zone in that no prime agricultural lands exist on or near the
site; no impacts will occur to environmentally sensitive habitats; no coastal access is
or will be needed through or adjacent to the project site; and no significant public
view points are on or near the site.
2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the site is located over 2 miles from the Pacific Ocean and
no coastal access areas or water-oriented recreational activities exist on or near the
project site.
3. The project complies with the requirements of the Coastal Agricultural Overlay
Zone as the project has been conditioned to pay the agricultural conversion
mitigation fee to develop the property with other than agricultural uses.
4. The project also complies with the requirements of the Coastal Resource Protection
Overlay Zone as erosion will be controlled by grading in conformance with the
City’s Standards; grading will be restricted to the summer season unless winter
grading is required because of the presence of endangered species; the site contains
no dual criteria slopes; and the project will adhere to the City’s Master drainage
and Storm Water Quality Management Plan and Grading Ordinance to avoid
increased runoff and soil erosion.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building
permit issuance.
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
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
issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No
PC RESO NO. 5042 -2-
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2.
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vested rights are gained by Developer or a successor in interest by the City’s approval of
this Coastal Development Permit.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Coastal Development 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.
The Developer shall comply with all applicable provisions of federal, state, and local
laws and regulations in effect at the time of building permit issuance.
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 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 with
all requirements of law.
The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
hold harmless the City of Carlsbad, its Council inembers, 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 Coastal Development Permit,
(b) City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (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 approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, GPA 01-05, and SDP 01-02 and
is subject to all conditions contained in Planning Commission Resolutions No. 5040,
5041 and 5043 for those other approvals.
The applicant shall apply for and be issued building permits for this project within two
(2) years of approval or this coastal development permit will expire unless extended per
Section 21.201.210 of the Zoning Ordinance.
To offset the conversion of non-prime agricultural land to urban land uses per the
requirements of the Mello II Local Coastal program, the applicant shall provide
payment of an agricultural mitigation fee, the amount of which shall not be less than
$5,000 nor more than $10,000 for each net converted acre of non-prime agricultural
land. The amount of the fee shall be determined by the City Council and be paid by
the applicant prior to approval of the final map or issuance of any grading permit,
whichever occurs first and shall be consistent with the provisions of Carlsbad’s
LCP.
PC RESO NO. 5042 -3-
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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 the 19th day of September 2001 by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Compas, and Trigas
NOES: Commissioners Heineman and Nielsen
ABSENT:
ABSTAIN:
ATTEST:
Planning Director
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