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HomeMy WebLinkAbout1986-10-01; Planning Commission; Resolution 2565-> 0 e 1 2 3 4 5 6 PLANNING COMMISSION RESOLUTION NO. 2565 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 16 LOT TENTATIVE TRACT MAP AND A NON-RESIDENTIAL PLANNED UNIT DEVELOPMENT ON PROPERTY GENERALLY LOCATED ALONG FARNSWORTH COURT WITHIN THE CARLSBAD RESEARCH CENTER. APPLICANT; SERIES 10,000. CASE NO: CT 85-32IPUD-93 WHEREAS, a verified application for certain property, to wit: 7 Lots 33, 34, 35, 36 and 37 of Record Map 11134 Recorded Diego, State of California,. 8 January 31, 1985 , in the City of Carlsbad, County of San 9 10; has been filed with the City of Carlsbad, and referred to the 11 12 13 14 15 16 . 17 18 19 20 21 22 23 24 25 26 27 28 Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 23rd day of July, 1986 and on the 1st day of October, 1986, 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 Tentative Tract Map and Planned Unit Development; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows : (A) That the foregoing recitations are true and correct. (B) That based on the evidence presented at the public hearing, the Commission hereby recommends APPROVAL of CT-85-32/PUD-93, based on the following findings and subject to the following conditions : 1/11 //I/ I I1 /I 0 0 1 2 3 4 5 Findinns : Y 1) The proposed industrial development is consistent with the Planned Industrial designation as indicated on the Land Use Element of the General Plan. 2) The site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate industrial development at the intensity pro- posed. , 6 7 3) The project is consistent with all City public facility pol- icies and ordinances since: 1- XI. I/ 11 I/ a a) 9 10: Lz 13 II 14 11 15 16 17 18 19 I The Planning Commission has, by inclusion of an appropriate condition to this project, ensured that the final map will not be approved unless the City Council finds that sewer service is available to serve the project. In addition, the Planning Commission has added a condition that a note shall be placed on the final map that building permits may not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. b) All necessary public improvements have been provided or will be required as conditions of approval. c) The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan 20 d) Assurances have been given that adequate sewer for the 21 22 23 24 5) The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for industrial development on the General Plan. 25 6) This project has already been considered in conjunction with a 26 previously certified environmental document and a Notice of Prior Compliance has been issued by the Planning Director on 27 May 17, 1986 and approved by the Planning Commission on July 23, 1986. project will be provided by the City of Carlsbad. 4) The proposed project is consistent with the Carlsbad Research ' Center Specific Plan (SP-180). 28 PC RES0 NO. 2565 -2 - .. 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 7) This project requires the construction of the improvements or facilities listed in the conditions of approval or the payment of fees in lieu of construction. This project creates a direct need for the improvements or facilities for the reasons stated in the staff report. If the improvements or facilities are not provided, the project will create an unmitigated burden on existing improvements and facilities. Further, the improvements and facilities are necessary to provide safe, adequate and appropriate service to future residents of the project consistent with City goals, policies and plans. I 8) The applicant is by condition, required to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a development management or public facility program ultimately adopted by the City of Carlsbad. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. Conditions: l) t;F: - "I" roval is granted for CT 85-32/PUD-93, as shown on Exhibits , dated, June 18, 1986, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. The approved exhibits shall show 30 foot driveways as revised by the Planning Commission. 2) This project is approved upon the express condition that the final map shall not be approved unless the City Council finds as of the time of such approval that sewer service is available to serve the subdivision. 3) This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. This note shall be placed on the final map. 4) This project is also approved under the express condition that . the applicant pay the public facilities fee adopted by the City Council on April 22, 1986 and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code to implement the growth management system or public facilities phasing plan and to fulfill the subdivider s agreement to pay the public facilities fee dated July 7, 1986 a copy of which is on file with the City Clerk and is incorporated by this reference. If the fees are not paid, this application will not be consistent with the General Plan' and approval for this project shall be void. 5) Approval of this request shall not excuse com iance with the Carlsbad Research Center Specific Plan (SP-186) and all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit Issuance. 11 PC RES0 NO. 2565 -3- ,." ll 0 0 I 6) Water shall be provided to this project pursuant to the Water 1 Service agreement between the City of Carlsbad and the Costa Real Water District, dated May 25, 1983. 2 3 Planning Department Conditions: 4 5 6 7 8 9 10 11 12 13 14 7) The applicant shall prepare a 24"x36" reproducible mylar of the final site plan incorporating the conditions contained herein. Said site plan shall be submitted to and approved by the Planning Director prior to the issuance of building permits. 8) The applicant shall establish an owner's association and corresponding covenants, conditions and restrictions. Said CCStR's shall be submitted to and approved by the Planning Director prior to final map approval. Applicant/owner shall also be a member of Master Association for the Carlsbad Research Center. 9) The applicant shall prepare a detailed landscape and irriga- 1 tion plan which shall be submitted to and approved by the Planning Director prior to the issuance of building permits. All tree species shall be of a specimen size. 10) A 500' scale map of the subdivision shall be submitted to the Planning Director prior to the recordation of the final map. Said map shall show all lots and streets within and adjacent to the project . 15 11) A master plan of the existing onsite trees shall be provided 12) All landscaped areas shall be maintained in a healthy and 18 whichever occurs first. to the issuance of a grading permit or a building permit, 17 determine which trees shall be required to be preserved prior 16 to the Planning Director as part of the final grading plan to 19 I thriving condition, free from weeds, trash, and debris. 20 13) Any signs proposed for this development shall be designed in conformance with the sign program outlined in the Carlsbad 21 Xesearch Center Specific Plan (SP-180) and shall require review and approval of the Planning Director prior to 22 installation of such signs. 23 to the Planning Director for his review and approval prior to 24 occupancy of any building. 25 15) Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards. Location 26 of said receptacles shall be approved by the Planning Director. . 14) A uniform sign program for this development shall be submitted 2711 /I/l 2811 ///I PC RES0 NO. 2565 -4- s. 1 2 3 4 5 6 0 0 16) All roof appurtenances, including air conditioners, shall be architecturally integrated and 'concealed from view and the sound buffered from adjacent properties and streets, pursuant to Building Department Policy No. 80-6, to the satisfaction of the Directors and Planning and Building. 17) The project shall attempt to develop a ride to work and home . program for its employees with the North County Transit Dis- trict. Furthermore, the project shall attempt to limit the staggering of worker shifts so as to facilitate the success of said program. I 7 all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or 18) Building identification and/or addresses shall be placed on a addresses shall contrast to their background color. 9 :LO :11 :12 13 14 15 16 17 18 19 20 21 22 23 I 19) 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 65913.5. 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. ~ 20) This approval is subject to Chapter 21.90 and any other growth management ordinance which may be adopted by a vote of the people. ~ 21) Approval of Tentative Tract Map No. CT 85-32 is granted subject to the approval of non-residential Planned Unit Development No. 93. Engineering Department Conditions: 22) I Pretreatment of the sanitary sewer discharge from this project may be required. In addition to the requirements for a sewer connection permit, the developer shall conform to the requirements of Chapter 13.16 of the Carlsbad Municipal Code. The developer shall apply for an industrial waste discharge permit concurrently with the building permit for this proJect. No Certificates of Occupancy for the project will be issued before the industrial waste discharge permit application requirements have been met, all applicable fees paid and the permit issued. 24 ///I 25 //I/ 26 //I/ 27 ///I 2-28 PC RES0 NO. 2565 -5- .. II a m 23) I 24) 2 3 4 5 6 25) 7 8 9 10 11 26) 12 13 28) 15 14 27) 21 20 19 18 17 29) 16 27 26 25 24 23 22 28 30) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. The grading for this project is defined as "controlled grad- ing" by Section 11.06.170(a) of the Carlsbad Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to ensure compliance of the work with the approved grading plan, submit required reports to the City Engineer and verify compliance with Chapter 11.06 of the Carlsbad Municipal Code. Upon completion of grading, the developer shall ensure that an "as-graded" geologic plan shall be submitted to the City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a con- tour map which represents both the pre and post site grading. This plan shall be signed by both the soils engineer and the engineering geologist. The plan shall be prepared on a mylar or similar drafting film and shall become a permanent record. No grading shall occur outside the limits of the subdivision unless a letter of permission is obtained from the owners of the affected properties. A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site if located within the city limits. All slopes within this project shall be no steeper than 2:1. Prior to hauling dirt or construction materials to any proposed construction site within this project the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. The developer shall exercise special care during the construction phase of this project to prevent any offsite siltation. The developer shall provide erosion control measures and shall construct temporary desiltation/detention basins of type, size and location as approved by the City Engineer. The basins and erosion control measures shall be shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer prior to the start of any other grading operations. Prior to the removal of any basins or facilities so constructed the area served shall be protected by additional drainage facilities, slope erosion control measures and other methods required or approved by the City Engineer. The developer shall maintain the temporary basins and erosion control measures for a period of time satisfactory to the City Engineer and shall guarantee their maintenance and satisfactory performance through cash deposit and bonding in amounts and types suitable to the City Engineer. PC RES0 NO. 2565 -6- I .I I1 e e I 31) Additional drainage easements and drainage structures shall be 1 provided or installed as may be required by the County Department of Sanitation and Flood Control or the City Engi- 2 32) The developer shall pay the current local drainage area fee 3 neer. prior to approval of the final map for this project or shall Drainage Plan and City of Carlsbad Standards as required by 4 the City Engineer. 5 construct drainage systems in conformance with the Master I 6 7 8 9 1.0 1.1 1.2 13 , 14 I 15 I/ 33) The drainage system shall be designed to ensure that runoff resulting from a 10-year frequency storm of 6 hours or 24 hours duration under developed conditions, is equal to or less than the runoff from a storm of the same frequency and duration under existing developed conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. 34) Plans, specifications, and supporting documents for all improvements shall be prepared to the satisfaction of the City Engineer. Prior to approval of the final map, the Subdivider shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the tentative map and the following improvements to City Standards to the satisfaction of the City Engineer: r ! : Public facilities fronting the project that are damaged or otherwise unacceptable. 16 35) The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies :t 7 regarding services to the project. 3.8 36) The applicant shall agree to utilize reclaimed water, in Type I form, on the subject property in all common areas as :L9 1 approved by the City Engineer. I 20 21 22 23 37) All plans, specifications, and supporting documents for the improvements of this project shall be signed and sealed by the Engineer in responsible charge of the work. Each sheet shall be signed and sealed, except that bound documents may be ' signed and sealed on their first page. Additionally, the first sheet of each set of plans shall have the following certificate: 24 11 "DECLARATION OF RESPONSIBLE CHARGE" 25 26 ' 27 I hereby declare that I am the Engineer of Work for this project, that I have exercised responsible charge over the design of the project as defined in Section 6703 of the Business and Professions Code, and that the design is consistent with current standards. 28 (1 PC RES0 NO. 2565 -7- " I/ 0 1 2 3 I understand that the check of project drawings and specifications by the City of Carlsbad is confined to a review only and does not relieve me, as Engineer of Work, of my responsibilities for project design. (Name, Address and Telephone of Engineering firm) Firm: 4 I/ Address : 5 6 j City, St. : Telephone: 7 II BY (Name of Engineer) Date: 8 II R.C.E. NO. # 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 38) The developer shall provide the City with a reproducible mylar copy of the tentative map as approved by the Planning Commission, The tentative map shall reflect the conditions of approval by the City. The map copy shall be submitted to the City Engineer prior to improvement plan submittal and shall be 24" x 36" in size and of a quality and material satisfactory to the City Engineer. 39) Prior to recordation of any final map for this development approval of any grading or building permits for this project, the owner shall give written consent to the annexation of the area shown within the boundaries of the tentative map into the existing City of Carlsbad Street Lighting and Landscaping District No. 1. 40) Approval of this tentative tract map shall expire twenty-four months from the date of City Council approval unless a final map is recorded. An extension may be requested by the applicant. Said extension shall be approved or denied at the discretion of the City Council. In approving an extension, the City Council may impose new conditions and may revise existing conditions, 41) The developer shall record reciprocal access agreements for all lots within this subdivision prior to aproval of the final map. 42) Driveways on Xutherford Road as indicated on the tentative map are specifically not approved. Driveways shall be designed to a minimum width of 30 feet, and shall be bisected by the subdivision boundary lines. Full width driveway approaches and paving shall be provided offsite to serve this subdivision. Additionally, the developer shall record reciprocal access agreements over the driveways with the adjacent properties. If joint access agreements are not secured, this map shall be null and void. PC RES0 NO. 2565 28 -8- ,. // 0 -. 1 2 3 43) Before and as a condition of obtaining a final map, or final development permit or site plan approval under Title 21 of the Carlsbad Municipal Code, the subdivider shall enter into a contract with the City whereby the subdivider covenants on behalf of the subdivider and subdivider's successors in interest, to the following: 4 project. 5 , a) Not opposing and consenting to the formation of a bridge and major thoroughfare district in the area of this I 6 7 a 9 1!0: It1 It 2 13 14 15 16 b) Payment of the bridge and major thoroughfare fee for the area of the district in which this development is located. i (A note reflecting a. and b. shall be placed on the final map) ' 44) The developer shall, prior to the issuance of building permits, pay the interim traffic fee established by the City Council. Should a finalized traffic impact fee be in effect finalized fee. . at the time fees are required, the applicant shall pay the Fire Conditions: 45) Prior to. the issuance of building permits, complete building plans shall be submitted to and approved by the Fire Department. 46) Additional public and/or onsite fire hydrants shall be provided if deemed necessary by the Fire Marshal. x'7 18 47) The applicant shall submit two (2) copies of a site plan 'I. 20 1 48) All required fire hydrants, water mains and appurtenances :19 onsite roads and drives to the Fire Marshal for approval. 49) All fire alarm systems, fire hydrants, extinguishing systems, , 22 23 24 25 showing locations of existing and proposed fire hydrants and shall be operational prior to combustible building materials being located on the project site. automatic sprinklers, and other systems pertinent to the prior to construction. . project shall be submitted to the Fire Department for approval 50) Each building, which is designated as a separate parcel, shall be served by an individual water service for the fire sprinkler system (if the building is to be protected by a sprinkler system). 2611 //I/ 27 //I/ 28 PC RES0 NO. 2565 -9- I. . 1 2 3 4 5 6 7 a 9 1.0 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 I 0 0 I PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 1st day of October, 1986, by the following vote, to wit: AYES : Chairman Schfehuber, Commissioners: McFadden, Hall, Marcus, McBane and Schramm, NOES : None. ABSENT : Commissioner Holmes. ABSTAIN : None. ATTEST : CARLSBAD PLANNING COMMISSION MICHAEL J. ROLZMIUER PLANNING DIRECTOR PC RES0 NO. 2565 -10- I