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HomeMy WebLinkAbout2002-09-18; Planning Commission; Resolution 52761 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 PLANNING COMMISSION RESOLUTION NO. 5276 A RESOLUTION OF THE PLANNING COMMISSION OF THE YEAR EXTENSION OF A SITE DEVELOPMENT PLAN AMENDMENT TO ALLOW THE CONSTRUCTION OF A ON PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF EL CAMINO REAL AND COUGAR DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE! 5 CASE NAME: EL CAMINO TERRACE CASE NO.: SDP 98-13(C) WHEREAS, Tycoon Development Corp, “Developer”/”Owner,” has filed a CITY OF CARLSBAD, CALIFORNIA, APPROVING A TWO- 20,442 SQUARE-FOOT THREE-STORY OFFICE BUILDING verified application with the City of Carlsbad regarding property described as Parcel 3 of Parcel Map 17830, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, March 21,1997 as file number 97-129122 (“the Property”); and WHEREAS, said verified application constitutes a request for a Site Development Plan Amendment as shown on Exhibit(s) “A” - “I” dated February 7, 2001, on file in the Planning Department, EL CAMINO TERRACE - SDP 96-13(C) as provided by Chapter 21.06 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 18th day of September, 2002, 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 Site Development Plan Amendment. WHEREAS, on September 3, 1997, the Planning Commission approved, SDP 96-13, as described and conditioned in Planning Commission Resolution No. 4169. 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 WHEREAS, on February 21, 2001, the Planning Commission approved SDP 96-13(B), as described and conditioned in Planning Commission Resolution No. 4916. 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. B) That based on the evidence presented at the public hearing, the Planning Commission APPROVES EL CAMINO TERRACE - SDP 96-13(C) based on the following findings and subject to the following conditions: Findings: 1. The adopted findings for SDP 96-13(C) which are contained in Planning Commission Resolution No. 4916 apply to this extension and are incorporated by this reference. Conditions: 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 vested rights are gained by Developer or a successor in interest by the City’s approval of this Site Development Plan Amendment. 2. All conditions of approval imposed upon Site Development Plan Amendment SDP 96- ! 13(B) as stated in Planning Commission Resolution No. 4916 shall apply as conditions of approval for SDP 96-13(C) and are incorporated by this reference, except Condition No. 6 which has been satisfied, and Condition No. 11 is replaced by Condition No. 3 below. 3. This approval shall become null and void if not exercised within 24 months from the date of project approval. 4. This approval is granted subject to the approval of Planning Commission Resolutions Nos. 5238 and 5239 for GPA 00-05 and ZC 00-07 (Fox/Miller Property). Enpineering 5. Developer shall comply with the City’s requirements of the National Pollutant Discharge Elimination System (NPDES) permit, latest version. 6. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a “Storm Water Management Plan PC RES0 NO. 5276 -2- 1 c L .. 4 4 1 6 5 8 9 la 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. (SWMP).” The SWMP shall be in compliance with the NPDES permit requirements and provisions as established by the San Diego Region of the California Regional Water Quality Control Board and the City of Carlsbad. The SWMP shall address measures to reduce to the maximum extent possible storm water pollutant runoff at both construction and post-construction stages of the project. The SWMP shall: 1. Identify construction activity and post-development on-site pollutants of concern. 2. Recommend structural and non-structural Best Management Practices (BMPs) to remove said pollutants. 3. Establish specific procedures for handling spills and routine cleanup. Special considerations and effort shall be applied to employee and resident education on the proper procedures for handling cleanup and disposal of pollutants. 4. Ensure long-term maintenance of all post construction BMPs in perpetuity. 5. Incorporate measures to ensure development runoff rates and velocities from the site are not increased as a result of the project. Additionally, concurrent with the SWMP, the applicant shall submit for City approval a “Storm Water Pollution Prevention Plan (SWPPP).” The SWPPP shall be in compliance with current requirements and provisions established by the California Water Resources Control Board. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit an application and obtain approval for the quitclaim of a portion of City of Carlsbad utility easement at the westerly side of the site. 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 “feedexactions.” You have 90 days from date of final approval to protest imposition of these feedexactions. 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 feedexactions 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 feedexactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. ... PC RES0 NO. 5276 -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 ... PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 18th day of September, 2002, by the following vote, to wit: AYES: Commissioners Baker, Dominguez, Heineman, Segall, White and Whitton NOES: None ABSENT: Chairperson Trigas ABSTAIN: None ATI'EST: MICHAEL J. H0D-R Planning Director PC RES0 NO. 5276 -4-