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HomeMy WebLinkAbout2004-10-06; Planning Commission; Resolution 57261 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. 5726 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A FOUR 25(A) TO CONSTRUCT FOUR OFFICE BUILDINGS ON PROPERTY GENERALLY LOCATED ADJACENT TO AND SOUTH OF PALOMAR AIRPORT ROAD BETWEEN HIDDEN VALLEY ROAD AND AVIARA PARKWAY IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: KELLY CORPORATE CENTER YEAR EXTENSION OF SITE DEVELOPMENT PLAN SDP 97- CASE NO.: SDP 97-25(A)xl WHEREAS, KELLY CORPORATE CENTER 11, LLC, “Developer” and “Owner,” has filed a verified application with the City of Carlsbad regarding property described as Parcels 3, and 4 of MS 01-08, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 19207, filed in the Office of the County Recorder of San Diego, April 9,2003 as file number 2003-0402795 (“the Property”); and WHEREAS, said verified application constitutes a request for a Site Development Plan Extension as shown on Exhibits “A” - “X” dated September 1, 1999, on file in the Planning Department, KELLY CORPORATE CENTER - SDP 97-25(A)xl as provided by Chapter 21.06/Section 21 S3.120 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 6th day of October, 2004, 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 Extension. WHEREAS, on September 1, 1999, the Planning Commission approved, SDP 97-25, as described and conditioned in Planning Commission Resolution No. 4602. 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 June 7, 2000, the Planning Commission approved, SDP 97- 25(A), a Subsequent Mitigated Negative Declaration deleting a traffic mitigation measure for SDP 97-25, as described and conditioned in Planning Commission Resolution No. 4779. 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 KELLY CORPORATE CENTER - SDP 97- 25(A)x1 based on the following findings and subject to the following conditions: Findings: 1. The adopted findings for SDP 97-25 and SDP 97-25(A), which are contained in Planning Commission Resolutions No. 4602 and 4779, apply to this extension and are incorporated herein by this reference. 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 vested rights are gained by Developer or a successor in interest by the City’s approval of this Site Development Plan. 2. All conditions of approval imposed upon Site Development Plan SDP 97-25 and SDP 97-25(A) as stated in Planning Commission Resolutions No. 4602 and 4779 shall apply as conditions of approval for SDP 97-25(A)xl and are incorporated by this reference, except Condition No. 21 of Planning Commission Resolution No. 4602 which is replaced by Condition No. 3 below and Conditions No. 4, 11, 18, 22, and 23 which have been fulfilled. 3. This approval shall become null and void if not exercised within 48 months from the date of project approval (October 6,2004). PC RES0 NO. 5726 -2- 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 4. 5. 6. Developer shall apply for and obtain a precise grading permit from the City Engineer prior to issuance of a building permit for the remaining buildings. Prior to €he issuance of a grading permit or building permit, whichever occurs first, Developer shall verify and submit proof that the project still has coverage under the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharge Associated with Construction Activity (SDID Number). A current “Storm Water Pollution Prevention Plan (SWPPP)” shall be on file at the city Prior to the issuance of a precise grading permit or building permit, whichever occurs first, Developer shall submit for City approval a “Storm Water Management Plan (SWMP).” The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Runoff Management Plan (SUSMP), Order 2001-01 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: a. b. c. identify existing and post-development on-site pollutants-of-concern; identifl the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way; establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to building occupant education on the proper procedures for handling clean up and disposal of pollutants; ensure long-term maintenance of all post construct BMPs in perpetuity; and identify how post-development runoff rates and velocities from the site will not exceed the pre-development runoff rates and velocities to the maximum extent practicable. d. e. f. 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 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. ... PC RES0 NO. 5726 -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 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 6th day of October 2004, by the following vote, to wit: AYES: NOES: Vice Chairperson Baker, Commissioners Cardosa, Dominguez, Montgomery, and Segall ABSENT: Chairperson Whitton and Commissioner Heineman ABSTAIN: R, Vice Chairperson PLANNING COMMISSION ATTEST: . Planning Director PC RES0 NO. 5726 -4-