HomeMy WebLinkAbout2013-01-30; Planning Commission; Resolution 6943
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A FOUR –
YEAR RETROACTIVE EXTENSION OF A SITE
DEVELOPMENT PLAN TO CONSTRUCT A 50,000 SQUARE
FOOT, TWO-STORY MULTI-TENANT OFFICE BUILDING ON A
25.28 ACRE SITE GENERALLY LOCATED ADJACENT TO AND
SOUTH OF PALOMAR AIRPORT ROAD BETWEEN HIDDEN
VALLEY ROAD AND AVIARA PARKWAY IN LOCAL
FACILITIES MANAGEMENT ZONE 5.
CASE NAME: KELLY CORPORATE CENTER
CASE NO.: SDP 97-25(A)X3
WHEREAS, KELLY CORPORATE CENTER II, LLC & IIA LLC,
“Developer,” and “Owner,” has filed a verified application with the City of Carlsbad regarding
property described as
Parcel 3 of MS 01-08, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 19207,
filed in the office of the County Recorder of San Diego, April 9,
2003 as file number 2003-0402795 of official records
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan Extension as shown on Exhibits “A” – “X” dated September 1, 1999, on file in the
Planning Division, KELLY CORPORATE CENTER – SDP 97-25(A)X3 as provided by
Chapter 21.06 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on January 30, 2013, 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 Site Development Plan Extension; and
WHEREAS, on September 1, 1999, the Planning Commission approved, SDP
97-25, as described and conditioned in Planning Commission Resolution No. 4602; and
PLANNING COMMISSION RESOLUTION NO. 6943
PC RESO NO. 6943 -2-
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WHEREAS, on June 7, 2000, the Planning Commission approved, SDP 97-
25(A), Subsequent Mitigated Negative Declaration, deleting a traffic mitigation measure
for SDP 97-25, as described and conditioned in Planning Commission Resolution No. 4779; and
WHEREAS, on October 6, 2004, the Planning Commission approved a four year
extension, SDP 97-25(A)X1, as described and conditioned in Planning Commission Resolution
No. 5726; and
WHEREAS, on March 4, 2009, the Planning Commission approved a four year
extension, SDP 97-25(A)X2, as described and conditioned in Planning Commission Resolution
No. 6537.
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 Planning
Commission APPROVES KELLY CORPORATE CENTER – SDP 97-
25(A)X3 based on the following findings and subject to the following conditions:
Findings:
1 The adopted findings for SDP 97-25(A)X2 which are contained in Planning
Commission Resolution No. 6537 apply to this extension and are incorporated herein
by this reference.
2 That the City Planner determined that the potential environmental effects of the
project were adequately analyzed by the previously adopted Mitigated Negative
Declaration (MND) and the Mitigation Monitoring and Reporting Program for Kelly
Corporate Center – SDP 97-25 and CDP 97-52 approved by the planning
Commission on September 1, 1999, as well as the previously adopted subsequent
MND for Kelly Corporate Center – SDP 97-25(A) and CDP 97-52(A) approved by the Planning Commission on June 7, 2000. The construction of the two-story
multi-tenant office building has been conditioned to implement all applicable
mitigation measures pursuant to the approved Mitigation Monitoring and
Reporting Program for SDP 97-25 and CDP 97-52. No additional environmental
review is required.
. . .
PC RESO NO. 6943 -3-
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Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building or
grading permit issuance, whichever occurs first.
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
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 Site Development Plan
Extension.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
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.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
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
regulations in effect at the time of building permit issuance.
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
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.
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 Site Development Plan
Extension, (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 proceedings have been concluded and continues even if the City’s
approval is not validated.
6. This approval is granted subject to the approval of CDP 97-52(A)X3 and is subject to all
conditions contained in the administrative approval documents for those other approvals
incorporated herein by reference.
PC RESO NO. 6943 -4-
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7. All the conditions contained in Planning Commission Resolution No. 6537 dated
March 4, 2009, for SDP 97-25(A)x2 are incorporated herein by reference and
remain in effect, except Condition No. 11 which is superseded by Condition No. 8
below.
8. This Site Development Plan Extension is granted retroactively from October 6, 2012
to October 5, 2016.
Engineering:
9. Developer acknowledges hydromodification (runoff reduction) requirements impact how this project treats and/or retains storm runoff. Hydromodification involves
detailed site design and analysis to reduce the amount of post-development run-off
by mimicking the natural hydrologic function of the site, preserving natural open-
spaces and natural drainage channels, minimizing use of new impervious surfaces,
and promoting onsite infiltration and evaporation of run-off. During final design,
developer shall demonstrate compliance with storm water requirements to the satisfaction of the city engineer.
10. Developer acknowledges that the California Regional Water Quality Control Board,
San Diego Region, intends to issue a new order in 2013, replacing Order No. R9-
2007-0001 that will impact how this project treats and/or retains storm runoff.
During final design, developer shall demonstrate compliance with storm water requirements to the satisfaction of the City Engineer.
NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad
Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the
Planning Commission’s decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section
21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council
must make a determination on the appeal prior to any judicial review.
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 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
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
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
expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on January 30, 2013, by the following
vote, to wit:
AYES: Chairperson Siekmann, Commissioner Arnold, Black, L'Heureux,
Montgomery, Schumacher, and Scully
NOES:
ABSENT:
ABSTAIN:
~ t s~q)UA
KE Y . SIEKMANN, Chmrperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DONNEU
City Planner
PC RESO NO. 6943 -5-