HomeMy WebLinkAbout2002-09-18; Planning Commission; Resolution 52761
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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.
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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-
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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.
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PC RES0 NO. 5276 -3-
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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-