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Home My WebLink About1993-01-06; Planning Commission; Resolution 3473I 0 0 1 2 3 4 5 PLANNING COMMISSION RESOLUTION NO. 3473 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A TRACT MAP ON PROPERTY GENERALLY LOCATED ON THE NORTHEAST SIDE OF LOKER AVENUE BETWEEN EL FUERTE AND PALOMAR AIRPORT ROAD. CASE NAME: CANYON PACIFIC ~ CASE NO: CT 92-06 6 I1 WHEREAS, a verified application for certain property to wit: 7 8 Lots 10-13, Carlsbad Oaks Business Center, Carlsbad Tract 74- 21. 9 has been filed with the City of Carlsbad and referred to the Planning Commission; anc 10 WHEREAS, said verified application constitutes a request as provided by Ti 'I. 11 21 of the Carlsbad Municipal Code; and 12 II 13 I/ WHEREAS, the Planning Commission did, on the 6th day of January, 195 14 15 and arguments, if any, of all persons desiring to be heard, said Commission considered 16 WHEREAS, at said public hearing, upon hearing and considering all testimo 20 19 18 factors relating to the Tentative Tract Map and Planned Unit Development. I'i' B) That based on the evidence presented at the public hearing, the Commissj 22 21 APPROVES CT 92-06, based on the following findings and subject to the followj hold a duly noticed public hearing as prescribed by law to consider said request; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissi as follows: A) That the above recitations are true and correct. 23 conditions: 24 25 Findin=: 27 site is adequate in size and shape to accommodate non-residential developmen! 26 28 1. The site is physically suitable for the type and density of the development since the density proposed. .... ll II .r 0 0 2. All necessary public improvements have been provided or will be required a 1 conditions of approval. 2 3 3, The applicant has agreed and is required by the inclusion of an appropriat condition to pay a public facilities fee. Performance of that contract and paymer of the fee will enable this body to find that public facilities will be availabl 4 concurrent with need as required by the General Plan. 5 6 4. The proposed project is consistent with the City's Planned Development Ordinanc 7 5. Building permits will not be issued unless adequate sewer facilities are available 8 6. The proposed project is compatible with the surrounding future land uses sin( surrounding properties are designated for Planned Industrial development on tl 9 General Plan. and also complies with the Design Guidelines Manual. 10 11 12 13 7. This project is consistent with the City's Growth Management Ordinance as it lx been conditioned to comply with any requirement approved as part of the LOC, Facilities Management Plan for Zone 5. 8. This project meets the requirements of the Subdivision Map Act and Title 20 of tl Municipal Code. 14 15 1. Approval is granted for CT 92-06/PUD 92-07, as shown on Exhibit(s) 11A"-ttF117 datc 19 Conditions: 18 17 10. This project complies with all conditions previously imposed by Planned Industri 16 incorporated herein by reference. January 6,1993, incorporated by reference and on file in the Planning Departmer conditions. 9. Au of the findings of PUD 92-07, Planning Commission Resolution No. 3474, a Pennit 86-02. 20 Development shall occur substant& as shown unless otherwise noted in the 21 22 2. The developer shall provide the City with a reproducible 24" x 36", mylar copy the tentative map as approved by the Planning Commission. The tentative mi 23 shall reflect the conditions of approval by the City. The map copy shall 24 submitted to the City Engineer and approved prior to building, grading, final rnz or improvement plan submittal, whichever occurs first. 25 3. A 500' scale map of the subdivision shall be submitted to the Planning Director pri 26 to the recordation of the final map. Said map shall show all lots and streets witk 27 il and adjacent to the project. 28 PC RES0 NO. 3473 -2- 1 2 3 4 5 6 0 0 4. All of the conditions contained in PIP 86-2 are incorporated herein by referencc 5. This project is also approved under the express condition that the applicant pay t public facilities fee adopted by the City Council on July 28, 1987 and as amend from time to time, and any development fees established by the City Cour pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinar adopted to implement a growth management system or facilities and improvemt plan and to fulfill the subdivider‘s agreement to pay the public facilities fee dat August 24, 1992, a copy of which is on file with the City Clerk and is incorporat by this reference. If the fees are not paid this application will not be consistent wi the General Plan and approval for this project will be void. 7 // 6. Water shall be provided to this project pursuant to the Water Service agreeme between the City of Carlsbad and the Carlsbad Municipal Water District, dated M e // 25, 1983. 9 10 11 12 13 14 15 16 7. This project shall comply with all conditions and mitigation required by the Zo 5 Local Facilities Management Plan approved by the City Council on August 1987, incorporated herein and on file in the Planning Department and any futu amendments to the Plan made prior to the issuance of building permits. 8. If any condition for construction of any public improvements or facilities, or tl payment of any fees in lieu thereof, imposed by this approval or imposed by law ( this project are challenged this approval shall be suspended as provided Government Code Section 65913.5. If any such condition is determined to 1 invalid this approval shall be invalid unless the City Council determines that t project without the condition complies with all requirements of law. 17 9. Approval of this request shall not excuse compliance with all sections of the Zonil Ordinance and all other applicable City ordinances in effect at time of buildil permit issuance. 18 19 2o 10. Approval of CT 92-06 is granted subject to the approval of PUD 92-07. 21 11. Tenant improvement plans proposed for any lot in this subdivision shall be requirc to provide a table showing the current proportion of uses in each building locatt on Lots 1 through 8 and the number of parking spaces required to accommoda 22 these uses based on the parking ratios required by Specific Plan 200. 23 24 25 !x 27 12. Prior to the approval of the Final Map there shall be a Notice of Restriction plact on the deed to this property subject to the satisfaction of the Planning Direct, notifying all interested parties and successors in interest that the City of CarlsbE has issued a Subdivision Map and a Non-residential Planned Unit Development 1 Planning Commission Resolution No’s. 3473 and 3474 on the real property own€ by the declarant. Said Notice of Restriction shall note the property descriptio: location of the file containing complete project details and all conditions of approv as well as any conditions or restrictions specified for inclusion in the Notice ( 28 PC RES0 NO. 3473 -3 - II 0 0 1 2 Restriction. The restrictions referred to in said notice may be modified c terminated only with the approval of the Planning Director, Planning Commissio or City Council of the City of Carlsbad whichever has final decision authority fc this project. 3 13. The applicant shall establish an owner's association and corresponding covenant Planning Director prior to final map approval. Proposed amendments to approve 4 CC&R's require Planning Director approval. Said CC&R's shall include the followin! 5 conditions and restrictions. Said CC&R's shall be submitted to and approved by tk 6 7 a 9 10 11 ' l a. The required CC&R's shall assign to a governing board the responsibility fc reviewing all proposed tenant improvements for Lots 1 through 8 to ensu that the number of parking spaces required to accommodate the combine proportion of uses based on the parking ratios required by Specific Plan 20 does not exceed 350 spaces. b. Prior to submitting building plans for tenant improvements to the City c Carlsbad Building Department, the governing board shall be required 1 approve the tenant improvement plans. 12 13 14 15 16 17 c. Tenant improvement plans proposed for any lot in this subdivision shall 1 required to provide a table showing the current proportion of uses in ea( building located on Lots 1 through 8 and the number of parking spacc required to accommodate these uses based on the parkg ratios required 1 Specific Plan 200. d. The owners of Lots 1 through 8 shall hold in common an equal undividt interest in Lot 9. The responsibility and costs for the maintenance of Lot shall be shared in a fair and equitable proportion. Rights to the use of L 9 may not be divided. 18 19 20 21 e. The locations and size of all employee eating areas, parking spaces a~ landscaped areas within Lot 9 as shown on Errhibit 'lA1l-"F" shall not 1 altered, reduced, fenced, or divided to preclude the equal use by all owner employees of Lots 1 through 8. Any violation of this requirement will resl in the Citfs denial of building permits and/or Certificates of Occupancy. 22 f. The City of Carlsbad has the authority but not the responsibility to enfor the subject CC&R's. 23 24 14. The various combined uses of Lots 1 through 8 shall be maintained in su proportion of their total net useable square footage so that the 350 spaces provid 25 parking ratios required by Specific Plan 200. on Lot 9 adequately serve the parking needs for Lots 1 through 8 based on t 26 27 28 PC RES0 NO. 3473 -4- 0 0 1 2 3 4 5 6 7 8 9 15. The 1,444 square feet of indoor employee eating areas provided in Buildings A, € E, and F shall be maintained as employee eating areas and shall not be reduced i size. 16. The applicant shall prepare a detailed landscape and irrigation plan which shall b submitted to and approved by the Planning Director prior to the approval of a fin map. This landscape plan shall supplement the existing landscape plan and shall E exempt from the plancheck fees nody assessed. 17. All landscaped areas shall be maintained in a healthy and thriving condition, frc from weeds, trash, and debris. 18. As part of the plans submitted for building perrnit plan check, the applicant sha include a reduced version of the approving resolutionhesolutions on a 24" x 3t blueline drawing. Said blueline drawing(s) shall also include a copy of sign€ approved site plan. lo 11 19. The applicant is aware that the City is preparing a non-residential housing impal fee (linkage fee) consistent with Program 4.1 of the Housing Fkment. 12 applicant is further aware that the City may determine that certain non-resided ordinance and/or resolution and this project becomes subject to a linkage ft 13 Element of the General Plan. If a linkage fee is established by City Counc 14 pursuant to said resolution, then the applicant for this project, or his/her/the successor(s) in interest shall pay the linkage fee. The linkage fee shall be paid i 15 the time of issuance of building permits, except for projects involving a request fc a non-residential planned unit development for an existing development, in whk 16 case, the fee shall be paid on approval of the hal map, parcel map or certificate ( compliance, required to process the non-residential PUD, whichever pertains. 17 linkage fees are required for this project, and they are not paid, this project will n 18 be consistent with the General Plan and approval for this project will become nl and void. 19 20 21 22 23 of the respective sewer and water agencies regarding services to the project. 24 22. The applicant shall be responsible for coordination with S.D.G.&E., Pacific Bc 25 26 23. The applicant shall provide an acceptable means for maintaining the priva easements within the subdivision and all the private: streets, sidewalks, street ligh 27 storm drain facilities and sewer facilities located therein and to distribute the co: 12 projects may have to pay a linkage fee, in order to be found consistent the Housir En&eerinx Conditions: 20. Unless a standards variance has been issued, no variance from City Standards authorized by virtue of approval of this Tentative Map. 21. The applicant shall comply with all the rules, regulations and design requiremer Telephone, and Cable TV authorities. 28 PC RES0 NO. 3473 -5- 4 II e 0 1 2 3 4 5 6 of such maintenance in an equitable manner among the owners of the propertie within the subdivision. Adequate provision for such maintenance shall be include with the CC&R's subject to the approval of the City Engineer prior to final ma i approval. 24. Approval of this tentative tract map shall expire twenty-four (24) months from th date of Planning Commission approval unless a final map is recorded. An extensio may be requested by the applicant. Said extension shall be approved or denied i the discretion of the Planning Commission. In approving an extension, the Plannin Commission may impose new conditions and may revise existing conditio1 pursuant to Section 20.12.110(a)(2) Carlsbad Municipal Code. ~ 7 8 9 10 11 12 13 14 15 16 17 18 25. The applicant shall defend, indemnify and hold harmless the City and its agent officers, and employees from any claim, action or proceeding against the City or i agents, officers, or employees to attack, set aside, void or null an approval of tl City, the Planning Commission or City Engineer which has been brought against tl City within the time period provided for by Section 66499.37 of the Subdivisic Map Act. 26. Prior to approval of the final map, the owner shall enter into an agreement with tl City to pay any drainage area fees established as a result of the Master Drainaj Plan Update. i 27. The applicant shall comply with the City's requirements of the National Polluta; Discharge Elimination System (NPDES) permit. The applicant shall provide be management practices to reduce surface pollutants to an acceptable level prior discharge to sensitive areas. Plans for such improvements shall be approved by tl City Engineer prior to approval of the Final Map, issuance of grading or buildi1 permit, whichever occurs first. Water Conditions: 19 1 28. The Carlsbad Municipal Water District has existing water line easements wi 20 certain rights and conditions on the subject property which shall remain intact. 21 29. The developer shall be responsible for any additional sewer and water chq resulting from an increase in EDU's. 22 23 /I "" 24 .... 26 .... 25 "" 27 28 .... PC RES0 NO. 3473 -6- 8 _. e e 1 2 3 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Pla.nnh Commission of the City of Carlsbad, California, held on the 6th day of January, 1993,l 4 11 the following vote, to wit: 5 6 7 i AYES: Chairman Noble, Commissioners: Schlehuber, Schrm Welshons, Savary, Erwin & Hall. NOES: None. 8 I1 ABSENT: None. 9 10 11 12 ABSTAIN: None. +na -L BAILEY NOBgE, Chairperson CARLSBAD PLANNING COMMISSION 13 14 ATTEST: 15 16 MICHAEL JMLZMXLER PLANNING DIRECTOR 17 18 19 I 2o I 21 22 23 24 25 26 27 28 I( PC RES0 NO. 3473 11 -7-