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HomeMy WebLinkAbout1996-01-17; Planning Commission; Resolution 38831 2 3 4 5 6 7 I 0 0 PLANNING COMMISSION RESOLUTION NO. 3883 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF KELLOGG AVENUE, EAST OF CAMINO VIDA ROBLE, IN THE CARLSBAD AIRPORT CENTRE, IN LOCAL, FACILITIES MANAGEMENT ZONE 5. CASE NAME: HOMES FOR INDUSTRY CASE NO: CT 95-04 8 9 10 WHEREAS, Homes For Industry - Carlsbad LLC has filed a T application for certain property to wit: 11 12 13 Lot 40 of Carlsbad Tract 81-46 unit no. 2, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 11288, filed in the office of the County Recorder of San Diego County, July 16, 1985. l4 15 with the City of Carlsbad which has been referred to the Planning Commission; an 16 WHEREAS, said verified application constitutes a request for a Te 17 18 Tract Map for eight lots as shown on Exhibits "A" - "GI, dated January 17, 1996 on the Planning Department and incorporated by this reference as provided by Chapte 19 WHEREAS, the Planning Commission did, on the 17th day of Januaq 20 of the Carlsbad Municipal Code; and *' 11 hold a duly noticed public hearing as prescribed by law to consider said request; a1 22 23 WHEREAS, at said public hearing, upon hearing and considering all tes 24 25 Commission as follows: 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the P1 26 factors relating to the Tentative Tract Map. and arguments, if any, of all persons desiring to be heard, said Commission conside 28 A) That the above recitations are true and correct. I/ a 0 I/ 1 subject to the following conditions: 2 B) That based on the evidence presented at the public hearing, the Corn APPROVES Carlsbad Tentative Tract, CT 95-04, based on the following findi 3 Findings: 4 5 6 7 8 9 10 11 12 i 13 14 15 16 17 18 19 20 21 22 1. That the proposed map and the proposed design and improvement of the sub1 as conditioned, is consistent with and satisfies all requirements of the Gener any applicable specific plans, Title 20 and 21 of the Carlsbad Municipal Co the State Subdivision Map Act, and will not cause serious public health probl that the design and improvements for the map are in compliance with all apl city policies and standards, in addition to all requirements of the Carlsbad Center Specific Plan(SP 181(A)), and necessary public facilities and services to serve the development are or will be in place prior to occupancy of any bl proposed within the project. ~ 2. That the proposed project is compatible with the surrounding future land ust surrounding properties are designated for Planned Industrial development General Plan, in that the Carlsbad Airport Center Specific Plan has been ay with appropriate development standards to ensure land use compatibility. 3. That the site is physically suitable for the type and intensity of the developme1 the site is adequate in size and shape to accommodate non-residential develc at the intensity proposed, in that all public facility and service requiremenl been provided for or are planned for maximum buildout of the Specific Pla which requires each development to receive approval of a Planned Industrial to ensure that all applicable city standards are met. 4. That the design of the subdivision or the type of improvements will not conflj easements of record or easements established by court judgment, or acquired public at large, for access through or use of property within the proposed subd in that all existing easements of record within the project are consistent w proposal or shall be relocated as necessary concurrent with recordation of t€, map. 5. That the property is not subject to a contract entered into pursuant to thc Conservation Act of 1965 (Williamson Act). 23 24 6. That the design of the subdivision provides, to the extent feasible, for future 1 or natural heating or cooling opportunities in the subdivision, in that lot si circulation and to minimize building shading of other sites. 25 large enough to provide separations between structures to provide corridors 26 7. That the design of the subdivision and improvements are not likely to substantial environmental damage nor substantially and avoidably injure : 27 wildlife or their habitat, in that the property was previously disturbed a 28 sensitive habitat or species are located on the site. PC RES0 NO. 3883 -2- /I 0 0 1 8. That the discharge of waste from the subdivision will not result in viol, existing California Regional Water Quality Control Board requirements, in 2 project is required to comply with the requirements of the National P 0 Discharge Elimination System (NPDES) Permit. cl II 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 I 9. The Planning Director has found that, based on the EIA Part-11, this Sub Project was described in Final EIR 81-6 for the Carlsbad Airport Centre Plan and MEIR 93-01 as within its scope; and there will be no additional sig effect, not analyzed therein, and that no new or additional mitigation mea: alternatives are required; and that therefore this Subsequent Project is wi. scope of the prior EIRs, and no new environmental document nor Public Re Code 21081 findings are required. 10. The Planning Commission finds that all feasible mitigation measures or alternatives identified in Final EIR 81-6 for the Carlsbad Airport Centre Plan and MEIR 93-01 which are appropriate to this Subsequent Project ha incorporated into this Subsequent Project. 11. The project is consistent with the City-Wide Facilities and Improvements P applicable local facilities management plan, and all City public facility polic ordinances since: a. The project has been conditioned to ensure that the final map will approved unless the City Council finds that sewer service is available 1 the project. In addition, the project is conditioned such that a note : placed on the final map that building permits may not be issued project unless the District Engineer determines that sewer service is av and building cannot occur within the project unless sewer service 1 available, and the District Engineer is satisfied that the requirement Public Facilities Element of the General Plan have been met insofar apply to sewer service for this project. b. Statutory School fees will be paid to ensure the availability of school f: in the Carlsbad Unified School District. c. Park-in-lieu fees are required as a condition of approval. d. All necessary public improvements have been provided or are requ conditions of approval. e. The developer has agreed and is required by the inclusion of an appr condition to pay a public facilities fee. Performance of that contr; available concurrent with need as required by the General Plan. I payment of the fee will enable this body to find that public facilities 12. The project has been conditioned to pay any increase in public facility fee, construction tax, or development fees, and has agreed to abide by any ad( requirements established by a Local Facilities Management Plan prepared PI PC RES0 NO. 3883 -3- ll 0 a 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 to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure co availability of public facilities and will mitigate any cumulative impacts create( project. 13. This project has been conditioned to comply with any requirement approved of the Local Facilities Management Plan for Zone 5. 14. The project is consistent with the Comprehensive Land Use Plan (CLUP) McClellan-Palomar Airport, dated April, 1994 in that as conditioned the ay shall record an avigation easement over Lots 1 and 4. The project is compatil the projected noise levels of the CLUP; and, based on the noise/la: compatibility matrix of the CLUP, the proposed land use is compatible IT airport, in that manufacturing uses are compatible with noise environments ( 75 dBA CNEL as determined by SANDAG and the Comprehensive Land UI for the Airport. As the noise levels on Lots 1 and 4 approach 75 dBA CNI project has been conditioned to prepare an acoustical study and to mitigate i noise levels appropriately to ensure that interior noise levels do not exceed 5 15. That the Project is consistent with the City's Landscape Manual, adopted 1 Council. Conditions: 1. The Planning Commission does hereby approve the Tentative Tract Map Homes For Industry - Carlsbad LLC Project entitled "Homes for Industry, 04". (Exhibits "A" - "GI on file in the Planning Department and incorporated reference? dated January 17, 1996), subject to the conditions herein set forth is authorized and directed to make or require the Developer to make all corr and modifications to the Tentative Tract Map Documents, as necessary tc them internally consistent and conform to Planning Commission's final action Project. Development shall occur substantially as shown on the approved el Any proposed development substantially different from this approval? shall I an amendment to this approval. 2. This Project shall comply with all conditions and mitigation measures whj required as part of the Zone 5 Local Facilities Management Plan ar amendments made to that Plan prior to the issuance of building permits. 3. Approval of CT 95-04 is granted subject to the approval of PUD 95-03 and I 09. CT 95-04 is subject to all conditions contained in Planning Coma Resolutions No. 3884 and 3885 for the Nonresidential Planned Unit Develo and Planned Industrial Permit. 4. The Developer shall establish an owners' association and corresponding cow conditions and restrictions. Said CC&Rs shall be submitted to and approved Planning Director prior to final map approval. The CC&Rs shall adequately a maintenance of all common landscaped areas (including landscaping within p PC RES0 NO. 3883 -4- II 0 0 7 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. 6. 7. 8. 9. 10. 11. 12. ~ 13. areas), employee eating areas and paved parking areas. Prior to issuance of Building Permits, the Developer shall record a jc easement over the employee eating areas on lots 3, 4, and 5. Prior to the issuance of the Final Map the Developer shall submit to the Notice of Restriction to be filed in the office of the County Recorder, subjec satisfaction of the Planning Director, notifying all interested parties and suc in interest that the City of Carlsbad has issued a Tentative Tract Map by Res No. 3883 on the real property owned by the developer. Said Notice of Res shall note the property description, location of the file containing complete details and all conditions of approval as well as any conditions or rest specified for inclusion in the Notice of Restriction. The Planning Director authority to execute and record an amendment to the notice which mod terminates said notice upon a showing of good cause by the developer or su in interest. Trash receptacle areas shall be enclosed by a six-foot high masonry wall wil pursuant to City standards. Location of said receptacles shall be approved Planning Director. Enclosure shall be of similar colors and/or materials project to the satisfaction of the Planning Director. An exterior lighting plan including parking areas shall be submitted for P Director approval. All lighting shall be designed to reflect downward and av impacts on adjacent homes or property. No outdoor storage of material shall occur onsite unless required by the Fire In such instance a storage plan will be submitted for approval by the Fire Ch the Planning Director. The Developer shall prepare a detailed landscape and irrigation plan in confo~ with the approved Preliminary Landscape Plan and the City’s Landscape 1L The plans shall be submitted to and approval obtained from the Planning D prior to the approval of the final map, grading permit, or building permit, whj occurs first. The Developer shall construct and install all landscaping as shc the approved plans, and maintain all landscaping in a healthy and thriving cor free from weeds, trash, and debris. The first submittal of detailed landscape and irrigation plans shall be accom by the project’s building, improvement, and grading plans. The Developer shall submit and obtain Planning Director approval of a unifo~ program for this development prior to occupancy of any building. Building identification and/or addresses shall be placed on all new and c buildings so as to be plainly visible from the street or access road; c( identification and/or addresses shall contrast to their background color. 11 PC RES0 NO. 3883 -5- 0 0 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 14. The Developer shall comply with all applicable provisions of federal, state, ar ordinances in effect at the time of building permit issuance. 15. The Developer shall provide the City with a reproducible 24" x 36", mylar cop Tentative Map as approved by the Planning Commission. The Tentative Mi reflect the conditions of approval by the City. The Map copy shall be subm the City Engineer and approved prior to building, grading, final IT improvement plan submittal, whichever occurs first. 16. Prior to issuance of building permits, the Developer shall record an AT. Easement over Lots 1 and 4 to the County of San Diego and file a copy recorded document with the Planning Director. 17. Prior to issuance of building permit, the Developer shall submit for revi approval by the Planning Director, an acoustical study identifying noise mil necessary to ensure that the interior noise environment of the buildings on and 4 are at or below 50 dBA. Building plans are to reflect all recom~ interior noise mitigation measures identified in the acoustical study as apprl the Planning Director. 18. The Developer shall include, as part of the plans submitted for any pern check, a reduced, legible version of the approving resolution/resolutions on 36" blueline drawing. Said blueline drawing(s) shall also include a copy applicable Coastal Development Permit and signed approved site plan. 19. Building permits will not be issued for development of the subject property the District Engineer determines that sewer facilities are available at the 1 application for such sewer permits and will continue to be available until 1 occupancy. A note to this effect shall be placed on the final map. 20. The Developer shall pay the public facilities fee adopted by the City Council 28, 1987 (amended July 2, 1991) and as amended from time to time, a development fees established by the City Council pursuant to Chapter 21.9C Carlsbad Municipal Code or other ordinance adopted to implement a management system or Facilities and Improvement Plan and to fulfill the subd agreement to pay the public facilities fee dated December 8,1995 a copy of v on file with the City Clerk and is incorporated by this reference. If the fees paid this application will not be consistent with the General Plan and apprc this project will be void. 21. The Developer shall pay a landscape plan check and inspection fee as requ Section 20.08.050 of the Carlsbad Municipal Code. 22. Each Lot of this development has been designed with adequate parking proposed uses. As no joint use of parking agreement has been provided for development, each Lot must stand on its own for parking purposes. improvements for this development are only permitted if the parking pl complies with City Ordinance parking requirements for the mix of uses pr ~ PC RES0 NO. 3883 -6- 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 I 0 0 I ~ (office/manufacturing/warehouse). This condition shall be included in the N Restriction required in condition no. 6 of this resolution. The parking provj each individual Lot is noted in the table below: - - LOT PARKING REQUIRED BY USE I LOT 1 Warehouse 700 s.f. @ 1 space/1000 s.f. = 1 Office 500 s.f. @ 1 space/250 s.f. = 2 Total 9987 s.f. 25 spaces req'd Mfg 8787 s.f. @ 1 space/400 s.f. =22 ' LOT 2 Office 500 s.f. @ 1 space/250 s.f. = 2 Mfg 7029 s.f. @ 1 space/400 s.f. = 18 Total 7529 s.f. 20 spaces req'd I LOT 3 Office 500 s.f. @ 1 space/250 s.f. = 2 Mfg 7029 s.f. @ 1 space/400 s.f. = 18 Total 7529 sf. 20 spaces req'd I LOT 4 Warehouse 529 s.f. @ 1 space/1000 s.f. = 1 Office 500 s.f. @ 1 space/250 s.f. = 2 Mfg 4000 s.f. @ 1 space/400 s.f. =10 Total 5029 s.f. 13 spaces req'd I LOT 5 Warehouse 529 s.f. @ 1 space/1000 s.f. = 1 Office 500 s.f. @ 1 space/250 s.f. = 2 Total 5029 s.f. 13 spaces req'd Mfg 4000 s.f. @ 1 space/400 s.f. =10 I LOT 6 Warehouse 529 s.f. @ 1 space/1000 s.f. = 1 Office 500 s.f. @ 1 space/250 s.f. = 2 Mfg 4000 s.f. @ 1 space/400 s.f. =10 Total 5029 s.f. 13 spaces req'd LOT 7 Warehouse 529 sf. @ 1 space/1000 s.f. = 1 Office 500 s.f. @ 1 space/250 s.f. = 2 Mfg 4000 s.f. @ 1 space/400 s.f. =10 Total 5029 sf. 13 spaces req'd I LOT 8 Office 500 s.f. @ 1 space/250 s.f. = 2 Mfg 4529 s.f. @ 1 space/400 s.f. = 12 Total 5029 s.f. 14 spaces req'd I I I TOTAL I 131 spaces req'd L - - " " " " " " " -. -. - - TOTAL PARKINC PROVIDED 25 Spaces 21 spaces 20 spaces 13 spaces 13 spaces 13 spaces 13 spaces 14 spaces 132 spaces 1 PC RES0 NO. 3883 -7- 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 I 0 0 Engineering Conditions: NOTE: Unless specifically stated in the condition, all of the following engi conditions upon the approval of this proposed major subdivision must prior to approval of a final map. 23. There shall be one final subdivision map recorded for this project. 24. The developer shall provide an acceptable means for maintaining the easements within the subdivision and all the private: streets, sidewalks, stree storm drain facilities and sewer facilities located therein and to distribute tl of such maintenance in an equitable manner among the owners of the prc within the subdivision. Adequate provision for such maintenance shall be i~ with the CC&Rs subject to the approval of the City Engineer. 25. The developer shall defend, indemnify and hold harmless the City and its officers, and employees from any claim, action or proceeding against the Cit agents, officers, or employees to attack, set aside, void or null an approval City, the Planning Commission or City Engineer which has been brought aga: City within the time period provided for by Section 66499.37 of the Subdivisic Act. , FeesIAgreements: ~ 26. Prior to issuance of a building permit for any buildable lot within the subdivisil property owner shall pay a one-time special development tax in accordance wi Council Resolution No. 91-39. 27. The developer shall pay all current fees and deposits required. 28. The owner of the subject property shall execute an agreement holding tf harmless regarding drainage across the adjacent property. Grading: 29. Prior to hauling dirt or construction materials to or from any proposed constr site within this project, the developer shall submit to and receive approval frc City Engineer for the proposed haul route. The developer shall comply u conditions and requirements the City Engineer may impose with regards hauling operation. Dedications/Improvements: 30. The developer shall comply with the City's requirements of the National Po: Discharge Elimination System (NPDES) permit. The developer shall provid management practices as referenced in the "California Storm Water Management Practices Handbook' to reduce surface pollutants to an acceptabl prior to discharge to sensitive areas. Plans for such improvements shall be apy PC RES0 NO. 3883 -8- /I 0 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 by the City Engineer. Said plans shall include but not be limited to n prospective owners and tenants of the following: a. All owners and tenants shall coordinate efforts to establish or wo established disposal programs to remove and properly dispose of to hazardous waste products. b. Toxic chemicals or hydrocarbon compounds such as gasoline, mc antifreeze, solvents, paints, paint thinners, wood preservatives, and otf fluids shall not be discharged into any street, public or private, or intl. drain or storm water conveyance systems. Use and disposal of pes fungicides, herbicides, insecticides, fertilizers and other such c€ treatments shall meet Federal, State, County and City requiremc prescribed in their respective containers. c. Best Management Practices shall be used to eliminate or reduce pollutants when planning any changes to the landscaping and improvements. Building Conditions: 31. The common property line walls in adjacent buildings are to be two separa systems to provide an independent structural system for each building. Prope wall must be fire rated wall systems finished as an exterior walls with a 30" 1 above the roof line. I I Water District Conditions: 32. The entire potable water system, reclaimed water system and sewer system s evaluated in detail to ensure that adequate capacity, pressure and flow demar be met. I 19 33. The Developer shall be responsible for all fees, deposits and charges which County Water Authority capacity charge will be collected at issuance of appl 20 for meter installation. 21 collected before and/or at the time of issuance of building permit. The San 22 (j 34. Sequentially, the Developer's Engineer shall do the following: 23 24 25 26 27 28 a. Meet with the City Fire Marshal and establish the fire pro. requirements. Also, obtain G.M.P. demand for domestic and irrig; needs from appropriate parties. b. Prepare a colored reclaimed water use area map and submit to the P1 Department for processing and approval. c. Prior to the preparation of sewer, water and reclaimed water impro1 plans, a meeting must be scheduled with the District Engineer for 1 PC RES0 NO. 3883 -9- 0. a 1 2 3 4 5 6 comment and approval of the preliminary system layouts and usagc GPM - EDU). 35. Lot 40 Shall require an 8" water line loop system. 36. All buildings shall require a 6" fire service for a detector check valve and i service meter. 37. Each lot shall require removal of existing 2" water service and installation o I 2" water service for future reclaimed water connection. 7 of all future building permits, deny, revoke or further condition all certific implemented and maintained according to their terms, the City shall have tl. implemented and maintained over time, if any of such conditions fail tc 8 38. If any of the foregoing conditions fail to occur, or if they are, by their term! 9 occupancy issued under the authority of approvals herein granted, institu 10 to revoke or modify all approvals herein granted, deny or further condition is 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 prosecute litigation to compel their compliance with said conditions or seek d: for their violation. No vested rights are gained by Developer or a succe interest by the City's approval of this Resolution. Standard Code Reminders: NOTE: The project is subject to all applicable provisions of local ordinances, inc but not limited to the following code requirements: 39. This project must comply with the 1994 UBC, UPC and UMC, and the 1993 40. This approval shall become null and void if building permits are not issued f project within 18 months from the date of project approval. 41. Approval of this request shall not excuse compliance with all applicable sect the Zoning Ordinance and all other applicable City ordinances in effect at t building permit issuance, except as otherwise specifically provide herein. 42. The project shall comply with the latest non-residential disabled access require pursuant to Title 24 of the State Building Code. 43. All roof appurtenances, including air conditioners, shall be architecturally inte and concealed from view and the sound buffered from adjacent propertic streets, in substance as provided in Building Department Policy No. 80-6, satisfaction of the Directors of Planning and Building. 26 45. Any signs proposed for this development shall at a minimum be desigI 28 Planning Department. 27 44. All landscape and irrigation plans shall be prepared to conform with the Lanc Manual and submitted per the landscape plan check procedures on file PC RES0 NO. 3883 -10- . 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 I I1 a e conformance with the City’s Sign Ordinance and shall require review and a] of the Planning Director prior to installation of such signs. 46. All uses established in these structures shall be consistent with Section 21 (permitted uses). PASSED, APPROVED, AND ADOPTED at a regular meeting Planning Commission of the City of Carlsbad, California, held on the 17th day of J; 1996, by the following vote, to wit: AYES: Chairperson Compas, Commissioners Erwin, Monroy, r’ Noble, Savary and Welshons NOES: None ABSENT: None ABSTAIN: None ATTEST: Lk!L L?.m%b/ WILLIAM COMPAS, Cfiairperson CARLSBAD PLANNING COMMISSIO? Planning Director PC RES0 NO. 3883 -11-