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HomeMy WebLinkAbout2013-01-30; Planning Commission; Resolution 6943 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 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- 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 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- 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 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- 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 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. . . . 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 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-