HomeMy WebLinkAbout1996-03-06; Planning Commission; Resolution 3905.
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PLANNING COMMISSION RESOLUTION NO. 3905
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA, APPROVING
SITE DEVELOPMENT PLAN NO. SDP 95-09 FOR THE
CONSTRUCTION OF THE HEADQUARTERS FOR THE
NATIONAL ASSOCIATION OF MUSIC MERCHANTS
(NAMM) CONSISTING OF 34,000 SQUARE FEET OF
BUILDING AREA ON PROPERTY GENERALLY
LOCATED SOUTH OF FUTURE CANNON ROAD AND
EAST OF ARMADA DRIVE IN THE COASTAL ZONE IN
THE NORTHWEST QUADRANT OF THE CITY.
CASE NAME: NAMM
CASE NO: SDP 95-09
WHEREAS, NA" has filed a verified application with the City of C
and which has been referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request for
Development Permit as provided by Chapter 21.06 of the Carlsbad Municipal Coc
WHEREAS, pursuant to the provisions of the Municipal Code, the 1
Commission did, on the 6th day of March, 1996, consider said request on property d
as:
Lot 11 of Carlsbad Tract 92-07 in Carlsbad Ranch Unit 3 as
recorded on June 30,1995 in San Diego County: File No. 1995-
0277693.
WHEREAS, at said public hearing, upon hearing and considering all tt
and arguments, if any, of all persons desiring to be heard, said Commission consic
factors relating to SDP 95-09.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the :
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 Con
APPROVES Site Development Permit, SDP 95-09, based on the f
findings and subject to the following conditions:
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Findings: -
1. That the requested use is properly related to the site, surrounding
environmental settings, is consistent with the various elements and objectives
General Plan, will not be detrimental to existing uses or to uses specifically per
in the area in which the proposed use is to be located, and will not adversely
the site, surroundings or traffic circulation, in that the project will implemc
buildout of the approved Carlsbad Ranch Specific Plan which arranged the 1(
of allowed land uses, major circulation and public improvement infrastructu
related specific plan features and landscaping. The subject site, Lot
designated for the proposed office type use within the officehesearc
development portion of the specific plan. Since an approved specific plan
implemented with the proposed project, there will be no adverse impacts
various goals and objectives of the General Plan, to existing or specifically pe
land uses in the area or to the surroundings and related traffic circulation.
2. That the site for the intended use is adequate in size and shape to accommo(:
use, in that the 4.0 acre site is adequate to easily accommodate the proposed
square foot office building, required parking and associated landscapin
complying will all applicable development standards and design guideline!
Specific Plan. The site can also accommodate a future expansion and r
parking via the processing of a subsequent site development plan amendmf
3. That all yards, setbacks, walls, fences, landscaping, and other features nece
adjust the requested use to existing or permitted future uses in the neighborhl
be provided and maintained, in that the project will provide all required lanc
building setback areas as required by the Specific Plan. The landscaping p.
with the project is consistent with the provisions of the City’s Landscape Gu
and the landscape guidelines of the Carlsbad Ranch Specific Plan. The p
architecture, architectural features and building materials will implem
objective of establishing a high level of architectural quality for the develop
the adjacent lots and specific plan areas.
4. That the street systems serving the proposed use is adequate to properly h:
traffic generated by the proposed use, in that the proposed use is consistent
anticipated land uses and traffic generation patterns anticipated for this p:
lot in the traffic assessment and related environmental review of the Carlsba
Specific Plan’s EIR (EIR 91-03).
5. That the Planning Commission finds that:
a. the project is a development of an allowed land use as analyzed u:
Carlsbad Ranch EIR (EIR 91-03), a certified environmental docum!
b. the project is consistent with the Carlsbad Ranch Specific Plan;
c. there was an EIR certified in connection with the prior Specific Plan a
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d. the project has no new significant environmental effect not ana
significant in the prior EIR,
e. none of the circumstances requiring Subsequent or Supplemental El
CEQA Guidelines Sections 15162 or 15163 exist; and
f. all feasible mitigation measures or project alternatives identified in
EIR which are appropriate to this Subsequent Project have been inco
into this Subsequent Project.
6. The project is consistent with the Comprehensive Land Use Plan (CLUP
McClellan-Palomar Airport, dated April, 1994 in that as conditioned the a
shall record a notice concerning aircraft noise. The project is compatible
projected noise levels of the CLUP; and, based on the noise/land use com]
matrix of the CLUP, the proposed land use is compatible with the airport, ir!
project site is located near the 60 CNEL noise contour and the CLUP req
mitigation for office uses up to the 65 CNEL noise contour.
7. That the project is consistent with the City’s Landscape Manual, adopted
Council Resolution No. 90-384.
8. The project has been conditioned to ensure that building permits will not 1:
for the project unless the District Engineer determines that sewer service is a
and building cannot occur within the project unless sewer service remains a.
and the District Engineer is satisfied that the requirements of the Public I
Element of the General Plan have been met insofar as they apply to sewe:
for this project.
9. Statutory School fees will be paid to ensure the availability of school facilitil
Carlsbad Unified School District.
10. A growth management park fee of 40 cents per square foot of non-re!
development will be collected at the time of building permit issuance. Thic
be used to construct recreational facilities to offset the demand created by e1
within Zone 13.
11. All necessary public improvements have been provided or are required as cc
of approval.
12. The developer has agreed and is required by the inclusion of an app
condition to pay a public facilities fee. Performance of that contract and I
of the fee will enable this body to find that public facilities will be a
concurrent with need as required by the General Plan.
13. 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 ac
requirements established by a Local Facilities Management Plan prepared I
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to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure c(
availability of public facilities and will mitigate any cumulative impacts creatf
project.
14. This project has been conditioned to comply with any requirement approve(
of the Local Facilities Management Plan for Zone 13.
15. The Planning Commission has reviewed each of the exactions imposed
Developer contained in this resolution, and hereby finds, in this case,
exactions are imposed to mitigate impacts caused by or reasonably relate
project, and the extent and the degree of the exaction is in rough proportio
the impact caused by the project.
Conditions:
Planning:
1. The Planning Commission does hereby approve the Site Development Pla
95-09 for the corporate headquarters/office project "National Association o
Merchants - NA"". (Exhibits "A" - "I" on file in the Planning Departm
incorporated by this reference, dated March 6,1996), subject to the condition
set forth. Staff is authorized and directed to make or require the Developer
all corrections and modifications to the Site Development Plan Documc
necessary to make them internally consistent and conform to Planning Comm
final action on the project. Development shall occur substantially as showr
approved exhibits. Any proposed development substantially different frl
approval, or a future proposal for an expansion or additional phase of develc
shall require an amendment to this approval. The model retail use area a!
on the first floor plans (Exhibit "E") is not intended, or permitted, to be
sales use but rather a model or demonstration display area for incorporati
the design and arrangement of stores or retail areas operated by members,
patrons or associates of NA" at their respective offsite locations. The ii
use of the museum (shown on Exhibit "E") is also for the members, clients, ;
or associates of NA"; it is not intended, or permitted, to be used by the
public so as to violate the existing specific plan unless a future specif
amendment is processed and approved.
2. The Developer shall comply with all applicable provisions of federal, state, a!
ordinances in effect at the time of building permit issuance.
Maps and Exhibits:
3. The Developer shall provide the City with a reproducible 24" x 36", mylar cop
Site Plan as approved by the final decision making body. The Site Plan shall
the conditions of approval by the City. The Plan copy shall be submitted to t
Engineer and approved prior to building, grading, final map, or improveme
submittal, whichever occurs first.
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4. The Developer shall include, as part of the plans submitted for any perr
check, a reduced, legible version of the approving resolution/resolutions on
applicable Coastal Development Permit and signed approved site plan.
36" blueline drawing. Said blueline drawing(s) shall also include a cop3
Facilities & Services:
5. Building permits will not be issued for development of the subject proper!
the District Engineer determines that sewer facilities are available at the
application for such sewer permits and will continue to be available until
occupancy.
6. 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 21.9(
Carlsbad Municipal Code or other ordinance adopted to implement a
management system or Facilities and Improvement Plan and to fulfill the subc
agreement to pay the public facilities fee dated September 8, 1995, a copy o
is on file with the City Clerk and is incorporated by this reference. If the f
not paid, this application will not be consistent with the General Plan and a
for this project will be void.
7. The Developer shall provide proof of payment of statutory school fees to r_
conditions of overcrowding as part of the building permit application. The :
of these fees shall be determined by the fee schedule in effect at the time of 1:
permit application.
8. This project shall comply with all conditions and mitigation measures wh
required as part of the Zone 13 Local Facilities Management Plan a]
amendments made to that Plan prior to the issuance of building permits, inc
but not limited to the following:
a. Payment of 40 cents/square foot for park in lieu fees as requi
development in Zone 13 prior to building permit issuance.
b. Payment of school fees for non-residential development prior to bl
permit issuance.
9. If any condition for construction of any public improvements or facilities,
payment of any fees in lieu thereof, imposed by this approval or imposed by
this residential housing project are challenged this approval shall be suspen
provided in Government Code Section 66020. If any such condition is deter
to be invalid this approval shall be invalid unless the City Council determines tl
project without the condition complies with all requirements of law.
....
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10. Prior to the issuance of the project's building permits, Developer shall subm
City a Notice of Restriction to be filed in the office of the County Recorder
to the satisfaction of the Planning Director, notifying all interested part
successors in interest that the City of Carlsbad has issued a Site Developme
by Resolution No. 3905 on the real property owned by the developer. Said
of Restriction shall note the property description, location of the file COI
complete project details and all conditions of approval as well as any condi
restrictions specified for inclusion in the Notice of Restriction. The F
Director has the authority to execute and record an amendment to the notic
modifies or terminates said notice upon a showing of good cause by the de
or successor in interest.
11. Trash receptacle areas shall be enclosed by a six-foot high masonry wall wi.
pursuant to City standards. Location of said receptacles shall be as shown
project exhibits. Enclosure shall be of similar colors and/or materials to the
to the satisfaction of the Planning Director.
12. An exterior lighting plan including parking areas shall be submitted for F
Director approval prior to the issuance of building permits. All lighting I
designed to reflect downward and avoid any impacts on adjacent properties
13. No outdoor storage of material shall occur onsite unless required by the Fir(
In such instance a storage plan will be submitted for approval by the Fire Ch
the Planning Director.
14. The Developer shall prepare a detailed landscape and irrigation plan in confo
with the approved Preliminary Landscape Plan (Exhibit "C") and the
Landscape Manual. The plans shall be submitted to and approval obtained f~
Planning Director prior to the approval of the final map, grading permit, or t
permit, whichever occurs first. The Developer shall construct and ins
landscaping as shown on the approved plans, and maintain all landscapil
healthy and thriving condition, free from weeds, trash, and debris. The rt
third of the lot which is not proposed for development at this time SI
hydroseeded to maintain an adequate ground cover to the satisfaction
Planning Director. If the ground cover area or adjacent setback areas are t
inadequate by the Planning Director at any time, additional lands
hydroseeding or other measures shall be implemented.
The detailed landscape plan shall incorporate a pedestrian linkage or con
between the sidewalk adjacent to Armada Drive and the building's frontage a
to Armada Drive subject to the satisfaction of the Planning Director. The i~
to enhance pedestrian circulation between the public street/sidewalk system 2
entry pointdamenities of the proposed building.
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15. The first submittal of detailed landscape and irrigation plans shall be accom
by the project's building, improvement, and grading plans.
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16. All proposed signage shall receive Planning Department sign permit rev
Building Department sign permit issuance prior to any signage installati
signage shall be consistent with this project’s sign program as shown on Exh
17. Building identification and/or addresses shall be placed on all new and
buildings so as to be plainly visible from the street or access road; c
identification and/or addresses shall contrast to their background color.
18. Prior to approval of the project’s building permits, the Developer shall
approval of a Coastal Development Permit issued by the California
Commission that substantially conforms to this approval. A signed cop^
Coastal Development Permit must be submitted to the Planning Direct01
approval is substantially different, an amendment to SDP 95-09 shall be re
19. The applicant is aware that the City is preparing a non-residential housing
fee (linkage fee) consistent with Program 4.1 of the Housing Element. The a1
is further aware that the City may determine that certain non-residential 1
may have to pay a linkage fee, in order to be found consistent with the 1
Element of the General Plan. If a linkage fee is established by City 1
ordinance and/or resolution and this project becomes subject to a link
pursuant to said resolution, then the applicant for this project, or hish
successor(s) in interest, shall pay the linkage fee. The linkage fee shall be
the time of issuance of building permits. If linkage fees are required for this
and they are not paid, this project will not be consistent with the General PI
approval for this project will become null and void.
20. Prior to the recordation of the first final parcel map or the issuance of 1:
permits, whichever occurs first, the Developer shall prepare and record a Not
this property is subject to overflight, sight, and sound of aircraft operatir
McClellan-Palomar Airport in a form meeting the approval of the Planning 1
and the City Attorney (see Noise, Form #2 on file in the Planning Departn
21. A Transportation Demand Management (TDM) program to encourage r
vehicle trips to lessen cumulative traffic impacts and to lessen vehicle emissic
cumulative air quality impacts shall be submitted to the Planning Director
approved prior to the issuance of building permits. Candidate components
TDM program may include, but are not limited to, the following:
Schedule truck deliveries and pickups for off-peak hours
Provide commuter information facilities and areas
Implement compressed work week schedules where weekly work hol
compressed into fewer than five days: 9/80, 4/40, 3/36
Provide shuttles to major rail transit centers, commuter rail transit c
multi-modal stations and other local destinations
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e Contribute to regional transit systems where appropriate
e Provide and maintain on-site bicycle parking facilities such as bicycle
or rack areas
e Provide and maintain employee shower areas for those commuting
via bicycles
22. Prior to the issuance of building permits, a solid waste management plan I
submitted for review and approval by the Planning Director. This plan sh;
minimum, provide the following:
e The approximate location, type and number of containers to be used tc
refuse and recyclables
e Refuse and recyclable collection methods to be used
e A description of the types of recycling services to be provided and coni
relationships with vendors to provide these services
e The estimated quantity of waste generated and estimated quant
recyclable materials
e Cardboard recycling in office, retail and warehousing areas
e Where feasible, provide compactors for non-recyclables to reduce the r
of trips to disposal facilities
e Implement source reduction measures such as reducing excess pac!
paper and polystyrene cups
Engineering:
23. This project is within the proposed boundary of the Cannon Road West Brid
Thoroughfare Fee District. This project is required to pay a fair share contrl
towards the construction of Cannon Road in accordance with the propos
program. If the fee district has not been formed prior to issuance of building 1
for the project, the owner shall pay an estimated fee of $73.00 per Averagt
Trip generated by the project and shall enter into an agreement with the C
to oppose the formation of a fee district and to pay the projects fair
contribution towards the construction of Cannon Road in accordance with the
adopted fee program.
24. The developer shall comply with the City's requirements of the National Po
Discharge Elimination System (NPDES) permit. The developer shall provic
management practices as referenced in the "California Storm Water
Management Practices Handbook" to reduce surface pollutants to an acceptabl
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prior to discharge to sensitive areas. Plans for such improvements shall be a]
by the City Engineer. Said plans shall include but not be limited to I:
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 tc
hazardous waste products.
b. Toxic chemicals or hydrocarbon compounds such as gasoline, mc
antifreeze, solvents, paints, paint thinners, wood preservatives, and otl
fluids shall not be discharged into any street, public or private, or int
drain or storm water conveyance systems. Use and disposal of pe
fungicides, herbicides, insecticides, fertilizers and other such c
treatments shall meet Federal, State, County and City requirem
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.
25. Prior to issuing a building permit, the Developer shall install or agree to ins1
secure with appropriate security as provided by law, the improvements of t
Drive from, and including the project frontage to the existing public street
This requirement may be fulfilled by the Master Developer of Carlsbad
Prior to occupancy, these improvements shall be completed to the satisfactiol
City Engineer.
26. Prior to issuing a building permit, the owner shall record an easement for tl
use and maintenance of the driveways with adjacent property owners as shl
the site plan.
Fire:
27. Prior to the issuance of building permits, complete building plans shall be suk
to and approved by the Fire Department.
28. Additional onsite public hydrants are required.
29. Applicant shall submit a site plan to the Fire Department for approval, which l
location of required, proposed and existing hydrants. The plan should include
hydrants within 200 feet of the project.
30. Applicant shall submit a site plan to the Fire Department for approval of ;
driveways and general traffic circulation.
31. An all-weather access road shall serve the project during construction.
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32. All required fire hydrants, water mains and appurtenances shall be operation to combustible building materials being located on the project site.
33. Prior to building occupancy, private roads and driveways which serve as r
access for emergency service vehicles shall be posted as fire lanes in accordar
the requirements of Section 17.04.020 of the Carlsbad Municipal Code.
34. Plans and/or specifications for fire alarm systems, fire hydrants, extinguishing s
automatic sprinklers, and other systems pertinent to the project shall be sul
to the Fire Department for approval prior to construction.
35. Prior to submittal of water improvement plans, the applicant shall submit to t
Department a map, showing the street network, conforming to the following (
400’ scale
Photo reduction on mylar
At least two existing streets and/or intersections shall be referenced
Maps shall include the following information: map (not a separate vicinity map)
Street centerlines
Street names
Fire hydrant locations
Water District:
36. The entire potable water system, reclaimed water system and sewer system s
evaluated in detail to ensure that adequate capacity, pressure and flow demal
be met.
37. The Developer shall be responsible for all fees, deposits and charges which
collected before and/or at the time of issuance of building permit. The San
County Water Authority capacity charge will be collected at issuance of appl
for meter installation.
38. Sequentially, the Developer’s Engineer shall do the following:
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 improv
plans, a meeting must be scheduled with the District Engineer for I
comment and approval of the preliminary system layouts and usages
GPM - EDU).
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39. All water and sewer systems in Armada Drive must be installed and con
operational and accessible prior to occupancy.
General:
40. If any of the foregoing conditions fail to occur; or if they are, by their term
implemented and maintained over time; if any of such conditions fail tc
implemented and maintained according to their terms, the City shall have tl
to revoke or modify all approvals herein granted; deny or further condition i:
of all future building permits; deny, revoke or further condition all certific
occupancy issued under the authority of approvals herein granted; institl
prosecute litigation to compel their compliance with said conditions or seek d
for their violation. No vested rights are gained by Developer or a succt
interest by the City’s approval of this Resolution.
Code Reminders:
Fees:
41. The Developer shall pay a landscape plan check and inspection fee as requ
Section 20.08.050 of the Carlsbad Municipal Code.
General:
42. This approval shall become null and void if building permits are not issued
project within 18 months from the date of project approval.
43. Approval of this request shall not excuse compliance with all applicable secl
the Zoning Ordinance and all other applicable City ordinances in effect at 1
building permit issuance, except as otherwise specifically provide herein.
44. The project shall comply with the latest non-residential disabled access requirc
pursuant to Title 24 of the State Building Code.
45. All roof appurtenances, including air conditioners, shall be architecturally intc
and concealed from view and the sound buffered from adjacent properti
streets, in substance as provided in Building Department Policy No. 80-6,
satisfaction of the Directors of Planning and Building.
Landscape:
46. All landscape and irrigation plans shall be prepared to conform with the Lanl
Manual and submitted per the landscape plan check procedures on file
Planning Department. ....
....
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the P
Commission of the City of Carlsbad, California, held on the 6th day of March, 1996
1
following vote, to wit:
AYES: Chairperson Compas, Commissioners Erwin, Monroy, I
Noble, Savary and Welshons
NOES: None
ABSENT: None
ABSTAIN: None
d& kw
WILLIAM COMPAS, Chgirperson
CAFUSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. MLZ&LER
Planning Director
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