HomeMy WebLinkAbout2005-05-04; Planning Commission; Resolution 58821
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PLANNING COMMISSION RESOLUTION NO. 5882
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
REDUCE THE SIZE OF A PREVIOUSLY APPROVED 120,000
SQUARE FOOT, THREE STORY OFFICE BUILDING TO
85,000 SQUARE FEET ON A 15.69 ACRE SITE LOCATED
ADJACENT AND ON THE SOUTH SIDE OF PALOMAR
AIRPORT ROAD AND EAST OF AVIARA PARKWAY IN THE
MELLO 11 SEGMENT OF THE LOCAL COASTAL PROGRAM
AND LOCAL FACILITIES MANAGEMENT ZONE 5.
CASE NAME: BILTMORE
DEVELOPMENT PERMIT AMENDMENT CDP 01-02(B) TO
CASE NO. : CDP 01-02m)
WHEREAS, Ascent-Biltmore Carlsbad LLC, “Developer/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, December 19, 1960, being a portion of Lot G of the
Rancho Agua Hedionda, according to map thereof No 823,
filed in the Office of the County Recorder of San Diego,
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” - “M” dated May 4, 2005, on file in the
Planning Department, BILTMORE - CDP 01-02(B) as provided by Chapter 21.201.040 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 4th day of May 2005, hold a
duly noticed public hearing as prescribed by law to consider said request; and
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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 Amendment; and
WHEREAS, on September 19,2001, the Planning Commission approved, CDP
01-02, as described and conditioned in Planning Commission Resolution No. 5042; and
WHEREAS, on October 2, 2003, the Planning Director approved, CDP 01-
02(A), as described and conditioned in a Planning Director determination letter dated
October 2,2003.
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 Commission
APPROVES BILTMORE - CDP 01-02(B) based on the following findings and
subject to the following conditions:
Findings:
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 I1 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 is consistent with the provisions of the Coastal Resource Protection Overlay
Zone (Chapter 21.03 of the Zoning Ordinance) in that the project will adhere to the City's
Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban
Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management
Program (JURMP) to avoid increased urban run off, pollutants and soil erosion.
PC RES0 NO. 5882 -2-
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4. 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.
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.
5.
Conditions:
Note:
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Unless otherwise specified herein, all conditions shall be satisfied prior to grading permit
or building permit, whichever occurs first.
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 modifl 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
Amendment.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Coastal Development Permit Amendment 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.
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.
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
Amendment, (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
PC RES0 NO. 5882 -3 -
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facility of electromagnetic fields or other energy waves or emissions. This obligation
survives until all legal proceedings have been concluded and continues even if the City’s
approval is not validated.
This approval is granted subject to the approval of SDP 01-01(B) and CUP 05-04 and is
subject to all conditions contained in Planning Commission Resolutions No. 5581 and
5883 for those other approvals incorporated herein by reference.
Approval is granted for CDP Ol-O2(B) as shown on Exhibits “A” - “M” dated May 4,
2005, on file in the Planning Department and incorporated herein by reference.
Development shall occur substantially as shown unless otherwise noted in these
conditions.
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 2 1.20 1.2 10 of the Zoning Ordinance.
Developer shall implement, or cause the implementation of, the SDP 01-01 - Pacifica
Palomar Office Building Project Mitigation Monitoring and Reporting Program.
To offset the conversion of non-prime agricultural land to urban land uses per the
requirements of the Mello I1 Segment of the 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 RES0 NO. 5882 -4-
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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 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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 4th day of May 2005, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa and Whitton
NOES:
ABSENT: Commissioners Dominguez, Heineman and Montgomery
ABSTAIN: ; JEFF N. SEGALL, C erson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
PC RES0 NO. 5882 -5-