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Home My WebLink About2005-03-08; City Council; 18008; Granting Appeal of Carlsbad Office CampusCITY OF CARLSBAD - AGENDA BILL 4B# 18,008 WTG. 3/8/05 - TITLE GRANTING THE APPEAL OF THE CARLSBAD OFFICE CAMPUS (CT 02-12/CDP 02-31/PUD 02- OWPI P 02-04) 3EPT. CA DEPT. HD. CITY ATTY. CITY Me RECOMMENDED ACTION: Adopt Resolution No. denial of its application for the development of the Carlsbad Office Campus. 2005-064 , conditionally granting the appeal of Carltas from the ITEM EXPLANATION: At its meeting of March 1, 2005, the City Council directed the City Attorney to return with appropriate documents for the approval of the appeal and approval of a mitigated negative declaration and mitigation monitoring and reporting program, a tentative tract map (CT 02- 12), coastal development permit (CDP 02-31), non-residential planned unit development (PUD 02-05) and planned industrial permit (PIP 02-04) for the Carlsbad Office Campus. Resolution No. 2005-064 accomplishes those things. At that meeting, the Council conducted an appeal hearing on the appeal of Carltas Development Company from a decision of the Planning Commission denying development permits for its proposed Carlsbad Office Campus. The appeal was timely filed and the grounds for the appeal set forth in appellant’s letter of January 26, 2005. The appellant supplemented its appeal by letter of February 24, 2005. The Council carefully considered the staff report, the presentation of appellant, the public testimony and having heard arguments both pro and con determined to grant the appeal. Resolution No. grants the appeal. The Council should satisfy itself that the resolution represents its true intent in this matter. 2005-064 FISCAL IMPACT: The project will replace the existing Floral Trade Center with the proposed office complex that will generate new jobs and increase the City’s tax base. An economic forecast has not been prepared and the exact amount has not been determined at this time. ENVIRONMENTAL REVIEW: Pursuant to the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code, staff has conducted an environmental impact assessment to determine if the project could have any potentially significant impact on the environment. The environmental impact assessment identified potentially significant impacts to hazards/hazardous material, noise and hydrology/water quality and mitigation measures have been incorporated into the design of the project or have been placed as conditions of approval for the project such that all potentially significant impacts have now been mitigated to below a level of significance. Consequently, a Notice of Agenda Bill 18,008 Page No. 2 Intent to adopt a Mitigated Negative Declaration was published in the newspaper and sent to the State Clearinghouse for public agency review. Two letters were received from the Native American Heritage Commission (dated November 2, 2004) and from the Department of parks and Recreation (dated November 3, 2004) during the 30-day public review period (October 4, 2004 to November 3, 2004). The letters and staffs response are included in the staff report to the Planning Commission. EXHIBITS : 1. Resolution No. 2005-064 Department Contact: Ronald R. Ball, 434-2891 RESOLUTION NO. 2005-064 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, GRANTING THE CONDITIONAL APPEAL OF APPELLANT CARLTAS DEVELOPMENT COMPANY FOR APPROVAL OF THE CARLSBAD OFFICE CAMPUS APPELLANT: CARLSBAD OFFICE CAMPUS CASE NO: CT 02-12ICDP 02-31IPUD 02-05/PIP 02-04 WHEREAS, the appellant had filed a verified application with the City of Carlsbad regarding the property owned by Carlmart, LP, as "DeveloperIOwner" described as: All that portion Parcel 1 of Parcel Map No. 16274, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County on October 26, 1990 ("the Property"); and WHEREAS, the Planning Commission did on the lgth day of January 2005 hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, the appeal of the appellant timely filed on January 26, 2005 came on regularly for hearing before the City Council on Tuesday, March 1 , 2005; and WHEREAS, the City Council held an appeal hearing pursuant to law; and WHEREAS, the Council received the report and recommendation of staff, the testimony of the appellant both verbal and written, and the testimony of members of the public and considered its evidence both written and verbal and both pro and con regarding the appeal; and WHEREAS, the Council carefully deliberated over the matter; and WHEREAS, the appeal is conditionally granted on developer's representation that the developer will offer extensions to existing leases for two years Resolution No. 2005 -06-4 Page 1 of 3 EXHIBIT 1 3 through February 28, 2007 and will encourage the formation of a tenant association to recommend solutions to relocation when it becomes necessary. WHEREAS, at the conclusion of its deliberations, the Council finds that the project has met all of the City’s codes and standards, the project is consistent with the General Plan, Subdivision Ordinance, the Planned Industrial Zone, the Non- Residential Planned Development, the Mello II Segment of the Local Coastal Plan, the Comprehensive Land Use Plan for the McClellan-Palomar Airport, the Growth Management Plan and the Habitat Management Plan and complies with the California Environmental Quality Act and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the findings and conditions of Planning Commission in Resolutions NO. 5817 (CT 02-12/CDP 02-31/PUD 02-05/PIP 02-04), NO. 5818 (CT 02-12), NO. 5819 (CDP 02-31), No. 5820 (PUD 02-05) and No. 5821 (PIP 02-04), on file with the City Clerk, constitute the findings and conditions of the City Council. 3. That the appeal is granted on developer’s representation that the developer will offer extensions to existing leases for two years through February 28, 2007 and will encourage the formation of a tenant association to recommend solutions to relocation when it becomes necessary. 4. That appellant’s appeal fees shall be returned. ... ... Resolution No. 2005 -064 Page 2 of 3 4 5. This action is final the date this resolution is adopted by the City Council. The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: "NOTICE TO APPLICANT'' "The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008." PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held on the 8th day of March , 2005 by the following vote, to wit: AYES: Council Members Lewis, Hall, Packnrd, Sigafoose NISI Mayor ATTEST: Resolution No. 2005 -o64 Page 3 of 3 _- 5