HomeMy WebLinkAbout2004-10-20; Planning Commission; Resolution 57481
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PLANNING COMMISSION RESOLUTION NO. 5748
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
THE EXPANSION OF THE GIA CAMPUS PARKING LOT
LOCATED ON THE NORTHERNMOST PARCEL (PHASE 11)
OF PLANNING AREA 1 OF THE CARLSBAD RANCH
SPECIFIC PLAN ON PROPERTY GENERALLY LOCATED
ON THE SOUTH SIDE OF CANNON ROAD, EAST OF
PLANNING AREA 8 OF THE CARLSBAD RANCH SPECIFIC
PLAN, WEST OF ARMADA DRIVE AND LEGOLAND
DRIVE, AND NORTH OF THE EXISTING GIA CAMPUS
WITHIN LOCAL FACILITIES MANAGEMENT ZONE 13.
CASE NAME: GIA PARKING LOT EXPANSION
COASTAL DEVELOPMENT PERMIT CDP 04-44 TO ALLOW
CASE NO.: CDP 04-44
WHEREAS, Gemological Institute of America, Inc., “Developer/Owner,” has
filed a verified application with the City of Carlsbad regarding property described as
Lot 4 of Carlsbad Tract No. 94-09 (Carlsbad Ranch Unit l), in
the City of Carlsbad, County of San Diego, State of California,
according to map thereof No. 13357, filed in the office of the
County Recorder of San Diego County, September 11,1996
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” - “H’ dated October 20, 2004, on file in the
Carlsbad Planning Department, GIA PARKING LOT EXPANSION - CDP 04-44 as provided
by Chapter 21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 20th 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 CDP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
APPROVES GIA PARKING LOT EXPANSION - CDP 04-44 based on the
following findings and subject to the following conditions:
Findings:
1.
2.
3.
4.
5.
That the proposed development is in conformance with the Mello I1 Segment of the
Certified Local Coastal Program and all applicable policies in that the subject site is
designated as OfficePlanned Industrial and the proposed parking lot expansion is
consistent with the LCP Land Use Plan designation.
The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the project is not located adjacent to the shore. Therefore,
the project will not interfere with the public’s right to physical access to the sea and
the site is not suited for water-oriented recreational activities.
The project is consistent with the provisions of the Coastal Resource Protection Overlay
Zone (Chapter 21.203 of the Zoning Ordinance) in that the proposed project will adhere
to the City’s Master Drainage Plan, Grading Ordinances, Storm Water Ordinance,
Standard Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff
Management Program (JURMP) to avoid increased urban runoff, pollutants and soil
erosion. No steep slopes or native vegetation is located on the subject property and the
site is not located in an area prone to landslides, or susceptible to accelerated erosion,
floods or liquefaction.
The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 13 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
Specifically,
a. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
will be collected prior to issuance of building permits.
b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
The Planning Director has determined that
a. the project is a subsequent activity of the Carlsbad Ranch Specific Plan for
which a program EIR 94-01 was prepared, and a notice for the activity has been
given, which includes statements that this activity is within the scope of the
program approved earlier, and that the program EIR adequately describes the
activity for the purposes of CEQA;
PC RES0 NO. 5748 -2-
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b.
c.
d.
this project is consistent with the Carlsbad Ranch Specific Plan cited above;
EIR 94-01 was certified in connection with the prior project or plan;
the project has no new significant environmental effect not analyzed as significant
in the prior EIR; and
none of the circumstances requiring a Subsequent EIR or a Supplemental EIR
under CEQA Guidelines Sections 15 162 or 15 163 exist.
e.
6. The project is not located between the sea and the first public road parallel to the sea and,
therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay
Zone (Chapter 21.204 of the Zoning Ordinance).
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
7.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
grading permit.
1.
2.
3.
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; record a notice of violation on the
property title; 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 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.
Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council members, 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, and (b) City’s approval or issuance of any permit or action, whether
discretionary or non-discretionary, in connection with the use contemplated herein. This
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obligation survives until all legal proceedings have been concluded and continues even if
the City’s approval is not validated.
4. This approval is granted subject to the approval of the SDP 94-06(B) and is subject to all
conditions contained in Planning Commission Resolution No. 5747 for that other
approval.
5. All construction activities shall be planned so that grading will occur in units that can be
easily completed within the summer construction season. All grading operations shall be
limited to April 1 to October 1 of each year. All areas disturbed by grading shall be
planted within 60 days of initial disturbance and prior to October 1 with temporary or
permanent (in the case of finished slopes) erosion control methods. The October 1
grading season deadline may be extended with the approval of the City Engineer subject
to implementation by October 1 of erosion control measures designed to prohibit
discharge of sediments offsite during and after the grading operation is completed.
Extensions beyond November 15 may be allowed in areas of very low risk of impact to
sensitive coastal resources and may be approved either as part of the original coastal
development permit or as a formal amendment to an existing coastal development permit.
6. To offset the conversion of non-prime agricultural land to urban land uses per the
requirements of the Mello I1 Local Coastal Program, the applicant shall provide
payment of the 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 lot line adjustment or issuance
of any grading permit, whichever occurs first and shall be consistent with the
provisions of Carlsbad’s Local Coastal Program.
NOTICE
Please take NOTICE that the 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.
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 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. 5748 -4-
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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 20th day of October 2004, by the
following vote, to wit:
AYES : Chairperson Whitton, Commissioners Baker, Dominguez,
Heineman, Montgomery, and Segall
NOES:
ABSENT: Commissioner Cardosa
ABSTAIN: - . WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOTZMI~LER
Planning Director
PC RES0 NO. 5748 -5-