HomeMy WebLinkAbout2007-01-03; Planning Commission; Resolution 62201 PLANNING COMMISSION RESOLUTION NO. 6220
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A COASTAL DEVELOPMENT PERMIT FOR
4 GRADING AND CONSTRUCTION OF A 21,904 SF OFFICE
5 BUILDING ON LOT 1 LOCATED WITHIN PLANNING AREA
2 OF THE GREEN VALLEY MASTER PLAN ON PROPERTY
6 GENERALLY LOCATED NORTHWEST OF CALLE
BARCELONA, WEST OF EL CAMINO REAL AND NORTH
7 OF LEUCADIA BOULEVARD IN THE EAST BATIQUITOS
LAGOON/HUNT PROPERTY SEGMENT OF THE LOCAL
8 COASTAL PROGRAM AND LOCAL FACILITIES
9 MANAGEMENT ZONE 23.
CASE NAME: LA COSTA GLEN CORPORATE CENTER
10 CASE NO.: CDP 05-51
11 WHEREAS, Continuing Life Communities, LLC, "Owner/Developer," has
12 filed a verified application with the City of Carlsbad regarding property described as
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Lot 5 of City of Carlsbad Tract No. 92-08 Green Valley, in the
14 City of Carlsbad, County of San Diego, State of California,
according to map thereof No 13997, as filed in the Office of the
County recorder of San Diego County, July 10, 2000
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("the Property"); and
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WHEREAS, said verified application constitutes a request for a Coastal18
19 Development Permit as shown on Exhibits "A"- "R" dated January 3, 2007, on file in the
20 Planning Department, LA COSTA GLEN CORPORATE CENTER - CDP 05-51, as provided
2 ! by Chapter 21.201.040 of the Carlsbad Municipal Code; and
22 WHEREAS, the Planning Commission did, on the 3rd day of January, 2007,
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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
25 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
27 relating to the CDP.
28 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.
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B) That based on the evidence presented at the public hearing, the Commission
3 RECOMMENDS APPROVAL of LA COSTA GLEN CORPORATE
CENTER - CDP 05-51 based on the following findings and subject to the
following conditions:
Findings:
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1. That the proposed development is in conformance with the East Batiquitos
7 Lagoon/Hunt Properties Segment of the Certified Local Coastal Program and all
applicable policies in that the Green Valley Master Plan is the implementing
ordinance for the East Batiquitos Lagoon/Hunt Properties Segment of the Local
o Costal Program and the proposed development is consistent with the development
standards and design guidelines of the Master Plan.
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2. The proposal is in conformity with the public access and recreation policies of Chapter 3
11 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.
3. The project is consistent with the provisions of the Coastal Resource Protection Overlay
14 Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the
City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard
15 Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff
Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil
erosion. Development of steep slopes and native vegetation on the subject property
17 will be avoided with the exception of allowed development impacts to 8.7% of the
dual criteria slopes on site for the purpose of providing access to the upper
18 development parcel (Lot 1). The site is not located in an area prone to landslides, or
susceptible to accelerated erosion, floods, or liquefaction.
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4. 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 Protection Zone
21 (Chapter 21.204 of the Zoning Ordinance).
22 5. The project is not located in the Coastal Agricultural Overlay Zone, according to Map X
of the Land Use Plan, certified September 1990 and, therefore, is not subject to the
23 Coastal Agricultural Overlay Zone (Chapter 21.201 of the Zoning Ordinance).
24 6. 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 this project, and the extent and the
26 degree of exaction is in rough proportionality to the impact caused by the project.
27 Conditions:
2° Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading permit.
PC RESO NO. 6220 2
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2 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
3 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
c 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
6 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.
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2. 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
9 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
10 development, different from this approval, shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
12 regulations in effect at the time of building permit issuance.
13 4. 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
14 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
16 all requirements of law.
17 5. 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,
20 (b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, 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
facility of electromagnetic fields or other energy waves or emissions. This obligation
23 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
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9. 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 21.201.210 of the Zoning Ordinance.
27 10. This approval is granted subject to adoption and approval of the Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program, GPA 06-02, MP
28 92-01(8), LCPA 06-01, HMPP 06-11, SDP 05-16, and HDP 05-11 and is subject to all
PC RESO NO. 6220
conditions contained in Planning Commission Resolutions No. 6213, 6214, 6215, 6216,
2 6217,6218, and 6219 for those other approvals incorporated herein by reference.
11. This approval is granted subject to the approval of MS 05-28 and is subject to all
3 conditions contained in that approval incorporated herein by reference.
12. If a grading permit is required, all grading activities are prohibited from (February 1st for
c- gnatcatcher or March 1st for vireo) to (September 15th for gnatcatcher or October 1st for
vireo). All erosion control measures must be installed prior to the initial grading. Any
6 grading extensions into the grading prohibition period must receive written approval of
the City Engineer and the responsible wildlife agencies (California Department of Fish
and Game/United States Fish and Wildlife Service).
8 NOTICE
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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."
12 You have 90 days from date of final approval to protest imposition of these fees/exactions. 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
14 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
15 annul their imposition.
16 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 fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
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PC RESO NO. 6220
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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 3rd day of January, 2007, by the
following vote, to wit:
AYES:Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Segall, and Whitton
NOES:
ABSENT:
ABSTAIN:* Commissioner Douglas
MARTELL B. MONTMOMER^
CARLSBAD PLANNING CO*
ATTEST:
airperson
SSION
DON NEU
Assistant Planning Director
PC RESO NO. 6220