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HomeMy WebLinkAbout2009-03-04; Planning Commission; Resolution 65371 PLANNING COMMISSION RESOLUTION NO. 6537 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A FOUR YEAR RETROACTIVE EXTENSION OF A SITE 4 DEVELOPMENT PLAN (SDP 97-25(A)xl) TO CONSTRUCT A 5 50,000 SQUARE FOOT, 2-STORY MULTI-TENANT OFFICE BUILDING ON PROPERTY GENERALLY LOCATED 6 ADJACENT TO AND SOUTH OF PALOMAR AIRPORT ROAD BETWEEN HIDDEN VALLEY ROAD AND AVIARA PARKWAY 7 IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: KELLY CORPORATE CENTER 8 CASE NO.: SDP 97-25(A)x2 9 WHEREAS, KELLY CORPORATE CENTER II, LLC, "Developer" and 10 "Owner" has filed a verified application with the City of Carlsbad regarding property described 11 as 12 Parcels 3 of MS 01-08, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 19207, 13 filed in the Office of the County Recorder of San Diego, April 9,2003 as file number 2003-0402795 of Official Records 14 ("the Property"); and 16 WHEREAS, said verified application constitutes a request for a Site Development 17 Plan Extension as shown on Exhibits "A" - "X" dated September 1, 1999, on file in the 18 Planning Department, KELLY CORPORATE CENTER - SDP 97-25(A)X2 as provided by 19 Chapter 21.06/Section 21.53.120 of the Carlsbad Municipal Code; and 20 WHEREAS, the Planning Commission did, on 4th day of March, 2009, hold a 21 duly noticed public hearing as prescribed by law to consider said request; and 23 WHEREAS, at said public hearing, upon hearing and considering all testimony 24 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 25 relating to the Site Development Plan Extension; and 26 WHEREAS, on September 1, 1999, the Planning Commission approved, SDP 27 97-25, as described and conditioned in Planning Commission Resolution No. 4602; and 28 1 WHEREAS,, on June 7, 2000, the Planning Commission approved, SDP 97- 2 25(A), Subsequent Mitigated Negative Declaration, deleting a traffic mitigation measure 3 for SDP 97-25, as described and conditioned in Planning Commission Resolution No. 4779; and 5 WHEREAS, on October 6, 2004, the Planning Commission approved, SDP 97- 6 25(A)xl, as described and conditioned in Planning Commission Resolution No. 5726. 7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning o Commission of the City of Carlsbad as follows: 9 A) That the foregoing recitations are true and correct. 10 B) That based on the evidence presented at the public hearing, the Planning 11 Commission APPROVES KELLY CORPORATE CENTER - SDP 97- 12 25(A)x2 based on the following findings and subject to the following conditions: 13 Findings: 14 1. The adopted findings for SDP 97-25(A)xl, which are contained in Planning Commission Resolution No. 5726, apply to this extension and are incorporated herein by this reference. 2. That the Planning Director determined the potential environmental effects of the project 17 were adequately analyzed by the previously adopted Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program for Kelly Corporate Center 18 - SDP 97-25 and CDP 97-52 approved at Planning Commission on September 1,1999, as well as a previously adopted subsequent MND for Kelly Corporate Center - SDP 97-25(A) and CDP 97-52(A), approved at Planning Commission on June 7, 2000. 20 The construction of the 2-story multi-tenant office building has been conditioned to implement all applicable mitigation measures pursuant to the approved Mitigation 21 Monitoring and Reporting Program for SDP 97-25 and CDP 97-52. No additional environmental review is required.22 Conditions: £* J 24 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building or grading permit issuance, whichever occurs first. 25 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 2° implemented and maintained over time, if any of such conditions fail to be so 27 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 28 ' 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 PC RESO NO. 6537 -2- property title; institute and prosecute litigation to compel their compliance with said 2 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 3 Extension. 4 2. Staff is authorized and directed to make, or require the Developer to make, all corrections e and modifications to the Site Development Plan Extension documents, as necessary to make them internally consistent and in conformity with the final action on the project. 6 Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 7 3. Developer shall implement, or cause the implementation of, the SDP 97-25 and CDP 97- 52 (Kelly Corporate Center) Project Mitigation Monitoring and Reporting Program as 9 amended by SDP 97-25(A) and CDP 97-52(A). 10 4. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. ^2 5. 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 13 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 14 unless the City Council determines that the project without the condition complies with 1 _ all requirements of law. 16 6. 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 17 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 Site Development Plan 19 Extension, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 20 (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 21 facility of electromagnetic fields or other energy waves or emissions. This obligation 22 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 23 7. This project shall comply with all conditions and mitigation measures which are required 24 as part of the Zone 5 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 26 8. This approval is granted subject to the approval of CDP 97-52(A)x2 and is subject to all conditions contained in the administrative approval documents for those other approvals 27 incorporated herein by reference. 98 9. Prior to the issuance of building permits, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to PC RESO NO. 6537 -3- be filed in the office of the County Recorder, subject to the satisfaction of the Planning 2 Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a retroactive extension by Resolution No. 6537 on the property. Said 3 Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has c- the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in 6 interest. 10. AH the conditions contained in Planning Commission Resolution No. 5726 dated October 6, 2004, for SDP 97-25(A)xl are incorporated herein by reference and remain in effect, except Condition No. 3, 5 and 6 which are superseded by 9 Conditions 11-15 below. 10 11. This Site Development Plan Extension is granted retroactively from October 6, 2008 to October 5,2012. ,2 Engineering: 13 Grading 14 12. Developer shall comply with the City's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution treatment practices or devises, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or 17 devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall * ° notify prospective owners and tenants of the above requirements. 19 13. Developer shall incorporate Low Impact Design (LID) design techniques, on all final 20 design plans submitted to the City, to reduce the amount of run-off by mimicking the natural hydrologic function of the site by preserving natural open-spaces and natural 21 drainage channels, minimizing impervious surfaces, promoting infiltration and evaporation of run-off before run-off leaves the site. Developer shall incorporate LID techniques using current County of San Diego Low Impact Development Handbook 23 (Stormwater Management Strategies). LID techniques include, but are not limited to: vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the 24 volume, peak flow rate, velocity and pollutants. 14. Developer shall complete and submit to the City Engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, Developer shall also submit the appropriate Tier level Storm Water Compliance form and 27 Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of the City Engineer. 28 PC RESO NO. 6537 -4- 15. Developer shall revise and update the Water Quality Technical Report dated July 16, 2 2004 and submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban 3 Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code all to the satisfaction of the City Engineer. Fees/Agreements 6 16. Developer shall cause property owner to process, execute and submit a copy to the City 7 Engineer for recordation a City standard Permanent Stormwater Quality best Management Practice Maintenance Agreement for the perpetual maintenance of all treatment control, applicable site design and source control, post-construction permanent 9 Best Management Practices prior to the issuance of a grading permit or building permit whichever occurs first for this Project. 10 n NOTICE 12 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." 14 You have 90 days from date of final approval to protest imposition of these fees/exactions. If 15 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 16 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. 18 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 19 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 20 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 expired. 22" 23 24 25 26 27 28 PC RESO NO. 6537 -5- 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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on March 4, 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Commissioners Baker, Boddy, Cardosa, Dominguez, Douglas, Whitton, and Chairperson Montgomery MARTELL B. MONTGOMERY, jgilrperson CARLSBAD PLANNING COMMTCSION ATTEST: DON NEU Planning Director PC RESO NO. 6537 -6-