HomeMy WebLinkAbout2007-05-16; Planning Commission; Resolution 63001
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PLANNING COMMISSION RESOLUTION NO. 6300
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A COASTAL DEVELOPMENT PERMIT TO
DEVELOP A 5.9-ACRE PARCEL WITH A 84,894 SQUARE
FOOT OFFICE BUILDING LOCATED ON THE SOUTHEAST
CORNER OF PALOMAR AIRPORT ROAD AND AVIARA
PARKWAY IN THE MELLO II SEGMENT OF THE LOCAL
COASTAL PROGRAM AND IN LOCAL FACILITIES
MANAGEMENT ZONE 5.
CASE NAME: KELLY/JRM OFFICE BUILDING
CASE NO.: CDP 03-03
WHEREAS, Kelly/JRMC Palomar Airport Road I, LLC, "Developer/Owner"
has filed a verified application with the City of Carlsbad regarding property described as
A portion of Parcel "C" and all of Parcel "D" of Parcel Map
No. 2993, in the City of Carlsbad, County of San Diego, State
of California, according to map thereof no. PM 2993, filed in
the Office of the County Recorder of San Diego, August 23,
1974 as file number 74-230326
("the Property"); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits "A" - "H" dated May 16, 2007, on file in the
Planning Department, KELLY/JRM OFFICE BUILDING - CDP 03-03, as provided by
Chapter 21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 16th day of May, 2007, 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:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
2 RECOMMENDS APPROVAL of KELLY/JRM OFFICE BUILDING - CDP
03-03 based on the following findings and subject to the following conditions:
Findings;4
_ 1. That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that the development does not obstruct public
g views of the coastline as seen from public lands or rights-of-way; no present
agricultural activities, sensitive resources, public access or shoreline access, or
7 water-oriented recreation activities are impacted. The project has been conditioned
to pay the Agricultural Conversion fee for the conversion of agricultural land. The
project enhances and conserves the environmentally sensitive habitat areas of the
9 Encinas Creek.
10 2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that there are no public access or recreation requirements for
11 the property.
12 3. The project is consistent with the provisions of the Coastal Resource Protection Overlay
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
14 Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff
Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil
15 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.
17 4. The project is not located between the sea and the first public road parallel to the sea and,
lg therefore, is not subject to the provisions of the Coastal Shoreline Protection Zone
(Chapter 21.204 of the zoning Ordinance).
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5. The project complies with the requirements of the Coastal Agricultural Overlay
20 Zone as the project is conditioned to pay the agricultural conversion mitigation fee
. to develop with other than agricultural uses.
22 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
23 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.
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Conditions;25
2/j Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading permit
issuance or building permit issuance, whichever occurs first.
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1. If any of the following conditions fail to occur, or if they are, by their terms, to be
28 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
PC RESO NO. 6300 -2-
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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 shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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,
(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
survives until all legal proceeding's have been concluded and continues even if the City's
approval is not validated.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, GPA 04-20, ZC 04-15, and
LCPA 06-05 and is subject to all conditions contained in Planning Commission
Resolutions No. 6296,6297,6298 and 6299 for those other approvals.
PC RESO NO. 6300 -3-
8. To offset the conversion of non-prime agricultural land to urban land uses per the
2 requirements of the Mello II Local Coastal Program, the applicant shall provide
payment of the agricultural mitigation fee, the amount of which shall not be less
3 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 Local Coastal Program.
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9. The applicant shall apply for and be issued building permits for this project within two
7 (2) years of approval or this coastal development permit will expire unless extended per
Section 21.201.210 of the Zoning Ordinance.
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9 10. Prior to the issuance of building permits, the applicant shall apply for and obtain a
grading permit issued by the City Engineer.
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11. If grading activities are to occur between March 1st and October 1st, a Least Bell's
1 , vireo survey shall be completed to determine the presence of the bird. If vireos are
12 found during surveys, noise control measures, such as a sound wall, must be
implemented at the edge of the Encina Creek buffer in order to limit construction
13 noise levels within vireo occupied riparian habitat to below 60dB(A) or ambient
levels, whichever is higher.
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16 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."
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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
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
22 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
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You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
24 DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
25 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
26 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PC RESO NO. 6300 -4-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of
Commission of the City of Carlsbad, California, held on the 16th day of May,
following vote, to wit:
AYES: Chairperson Baker, Commissioners Boddy, Cardosa,
Douglas, Montgomery, Whitton
NOES:
ABSENT:
ABSTAIN:
"fe*^ \ x(L/ \. 'I ^+*J(^a,
( \
JULIIi'BAKER, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Oi ~y1&brt / (&(A
DONNEU
Planning Director
PCRESONO. 6300 -5-
the Planning
2007, by the
Dominguez,