HomeMy WebLinkAbout1997-06-18; Planning Commission; Resolution 41271) b 4i
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PLANNING COMMISSION RESOLUTION NO. 4127
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVTNG SITE
DEVELOPMENT PLAN FOR A 77,500 SQUARE FOOT
BUILDING CONTAINING SPACE FOR OFFICE,
MANUFACTURING AND WAREHOUSE USES ON 4.70
ACRES GENERALLY LOCATED ON THE EAST SIDE OF
ARMADA DRIVE NORTH OF PALOMAR AIRPORT ROAD
WITHIN PLANNING AREA 2 OF THE CAFUSBAD RANCH
SPECIFIC PLAN IN THE COASTAL ZONE AND LOCAL
FACILITIES MANAGEMENT ZONE 13
CASE NAME: DENS0 - HAWK PROJECT
CASE NO.: SDP 97-05
WHEREAS, KOLL Real Estate Group , “Developer”, has filed a ver
application with the City of Carlsbad regarding property owned by the Carltas Comp
“Owner”, described as
A portion of Lot 7 of Carlsbad Tract No. 94-09, Carlsbad
Ranch Unit 1 as per Map No. 13357 filed September 11, 1996,
in the Office of the County Recorder as file No. 1996-0463214
in the City of Carlsbad, County of San Diego, State of
California.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Developr
Plan as shown on Exhibit(s) “A” - “F” dated June 18, 1997, on file in the Planning Departn
SDP 97-05, as provided by the Carlsbad Ranch Specific Plan and Chapter 21.06 of
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 18th day of June , 1997 , I
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testim
and arguments, if any, of all persons desiring to be heard, said Commission considered all fac
relating to the Site Development Plan.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pla
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 Plam
Commission APPROVES Site Development Plan, SDP 97-05 based on
following findings and subject to the following conditions:
Findinm:
1. That the requested use is properly related to the site, surroundings and environm
settings, is consistent with the various elements and objectives of the General Plan,
not be detrimental to existing uses or to uses specifically permitted in the area in w
the proposed use is to be located, and will not adversely impact the site, surroundin;
traffic circulation, in that the project design complies with the requirements of
Carlsbad Ranch Specific Plan and all other requirements applicable to the site I
as all required building and landscape setbacks which have been incorporated
the site design. The Carlsbad Ranch Specific Plan was found to be in compli;
with the General Plan and contains a detailed description of the plans compli;
with the General Plan in Section I. H.
2. That the site for the intended use is adequate in size and shape to accommodate the USI
that all applicable code requirements have been met. A total of 4.1 percent of
parking area will be landscaped while only 3 percent is required. Building cove1
is proposed at 34 percent and the development standards of the Carlsbad Ra
Specific Plan allow for up to 50 percent building coverage if all parking is provi
at-grade.
3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to ad
the requested use to existing or permitted future uses in the neighborhood will
provided and maintained, in that berming and landscaping are proposed to screen
loading area. Adequate vehicle circulation has been provided to accommoc
vehicle, and truck turning movements on site. Access to the site will be providec
two shared driveways onto Armada Drive and a private driveway onto Fleet St1
Pedestrian connections to the overall pedestrian circulation system of the Carls,
Ranch have been provided.
4. That the street systems serving the proposed use is adequate to properly handle all tra
generated by the proposed use, in that the proposed use is consistent with the
analyzed in the circulation analysis prepared for Program EIR 94-01 for
Carlsbad Ranch Specific Plan. With required street improvements the proj
specific impacts can be mitigated to a level less than significant. Overrid
considerations were previously adopted for the cumulative impact to 1-5 and SR-'
...
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5. The Planning Commission finds that:
a. there was an EIR certified in connection with the prior Specific
Amendment (SP 207(A)) and related actions;
b. the project has no new significant environmental effect not analyzed as signif
in the prior EIR ; and
c. none of the circumstances requiring Subsequent or a Supplemental EIR I
CEQA Guidelines Sections 15162 or 15163 exist.
6. The Planning Commission finds that all feasible mitigation measures identified in
94-01 which are appropriate to this Subsequent Project have been incorporated intc
Subsequent Project.
7. The project is consistent with the City-Wide Facilities and Improvements Plan
applicable local facilities management plan and all City public facility policies
ordinances since:
a. The project has been conditioned to ensure the building permits will not be is
for the project unless the District Engineer determines that sewer servic
available, and building cannot occur within the project unless sewer se?
remains available, and the District Engineer is satisfied that the requiremen
the Public Facilities Element of the General Plan have been met insofar as
apply to sewer service for this project.
b. Statutory School fees will be paid to ensure the availability of school facilitic
the Carlsbad Unified School District,
c. All necessary public improvements have been provided or are requirec
conditions of approval.
d. The Developer has agreed and is required by the inclusion of an appropr
condition to pay a public facilities fee. Performance of that contract and payn
of the fee will enable this body to find that public facilities will be avail;
concurrent with need as required by the General Plan.
8. The project has been conditioned to pay any increase in public facility fee, or :
construction tax, or development fees, and has agreed to abide by any additic
requirements established by a Local Facilities Management Plan prepared pursuan
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availabili?
public facilities and will mitigate any cumulative impacts created by the project.
9. This project has been conditioned to comply with any requirement approved as part of
Local Facilities Management Plan for Zone 13.
10. The project is consistent with the Comprehensive Land Use Plan (CLUP) for
McClellan-Palomar Airport, dated April 1994, in that, as conditioned the applic
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shall record a notice that the property is subject to overflight, sight and sour
aircraft operating from McClellan-Palomar Airport. The project is compatible
the projected noise levels of the CLUP; and, based on the noise/land use compati
matrix of the CLUP, the proposed land use is compatible with the airport, in tha,
project site falls inside the 60 CNEL noise contours and the proposed land use
compatible use at these noise levels .
11. A growth management park fee of 40 cents per square foot of non-reside
development was imposed at approval of the Zone 13 Local Facilities Manage]
Plan and will be collected at the time of building permit issuance. This fee wi
used to construct recreational facilities to offset the demand created by emplc
within Zone 13.
12. The Planning Commission has reviewed each of the exactions imposed on the Devel
contained in this resolution, and hereby finds, in this case, that the exactions are imp
to mitigate impacts cause by or reasonably related to the project, and the extent an(
degree of the exaction is in rough proportionality to the impact caused by the project.
13. That the project is consistent with the City’s Landscape Manual, adopted by City Cot
Resolution No. 90-384.
14. The project complies with the development standards and design guidelines of
Carlsbad Ranch Specific Plan (SP 207(A)).
Conditions:
Planning:
1. The Planning Commission does hereby APPROVE the Site Development Plan for
project entitled “SDP 97-05” (Exhibit(s) “A” - IF” dated June 18, 1997 on file in
Planning Department and incorporated by this reference) subject to the conditions he
set forth. Staff is authorized and directed to make, or require Developer to make
corrections and modifications to the Site Development Plan document(s), as necessaq
make them internally consistent and in conformity with final action on the pro.
Development shall occur substantially as shown in the approved Exhibits. Any propc
development substantially different from this approval, shall require an amendmen
this approval.
2. The Developer shall comply with all applicable provisions of federal, state, and 1(
ordinances in effect at the time of building permit issuance.
3. The Developer/Operator shall and does hereby agree to indemnifl, protect, defend
hold harmless the City of Carlsbad, its Council members, officers, employees, agents,
representatives, from and against any and all liabilities, losses, damages, demands, cla
and costs, including court costs and attorney’s fees incurred by the City arising, dire
or indirectly, from (a) City’s approval and issuance of this Site Development Plan,
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City's approval or issuance of any permit or action, whether discretionary or
discretionary, in connection with the use contemplated herein, and
Developer/Operator's installation and operation of the facility permitted he
including without limitation, any and all liabilities arising from the emission b3
facility of electromagnetic fields or other energy waves or emissions.
4. The Developer shall provide the City with a reproducible 24" x 36", mylar copy 0:
Site Plan as approved by the final decision making body. The Site Plan shall reflec
conditions of approval by the City. The Plan copy shall be submitted to the
Engineer and approved prior to building, grading, final map, or improvement
submittal, whichever occurs first.
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8 5. The Developer shall include, as part of the plans submitted for any permit plan chec
reduced legible version of the approving resolutions on a 24" x 36" blueline drav
Permit and signed approved site plan.
9 Said blueline drawing(s) shall also include a copy of any applicable Coastal Develop1
.o
11 6. Building permits will not be issued for development of the subject property unles:
District Engineer determines that sewer facilities are available at the time of applic:
12 for such sewer permits and will continue to be available until time of occupancy
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7. The Developer shall pay the public facilities fee adopted by the City Council on July
1987, (amended July 2, 1991) and as amended from time to time, and any developr
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Munic
Code or other ordinance adopted to implement a growth management system or Facil
and Improvement Plan and to fulfill the subdivider's agreement to pay the p~
facilities fee dated March 28,1997, a copy of which is on file with the City Clerk ar
incorporated by this reference. If the fees are not paid, this application will nor
consistent with the General Plan and approval for this project will be void. '*
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8. The Developer shall provide proof of payment of statutory school fees to miti:
these fees shall be determined by the fee schedule in effect at the time of building pe:
conditions of overcrowding as part of the building permit application. The amoun
20 application.
21 9. This project shall comply with all conditions and mitigation measures which are requ
22 as part of the Zone 13 Local Facilities Management Plan and any amendments mad'
following: 23
that Plan prior to the issuance of building permits, including, but not limited to
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a. The growth management park fee of 40 cents per square foot of n
residential development imposed at approval of the Zone 13 Local Facili
Management Plan will be collected at the time of building permit issua~
This fee will be used to construct recreational facilities to offset the dem;
created by employees within Zone 13.
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10. Approval of SDP 97-05 is granted subject to the approval of CDP 97-09. SDP 97-
subject to all conditions contained in the Planning Commission Resolution for CDI
09.
11. Prior to the issuance of the Building Permit, Developer shall submit to the City a lu
of Restriction to be filed in the office of the County Recorder, subject to the satisfa
of the Planning Director, notifying all interested parties and successors in interest tk
City of Carlsbad has issued a Site Development Plan and Coastal Development Pe
by Resolutions No. 4127 and 4128 on the real property owned by the Developer.
Notice of Restriction shall note the property description, location of the file conta
complete project details and all conditions of approval as well as any conditio]
restrictions specified for inclusion in the Notice of Restriction. The Planning Directo
the authority to execute and record an amendment to the notice which modific
terminates said notice upon a showing of good cause by the Developer or success1
interest.
12. Trash receptacle areas’ shall be enclosed by a six-foot high masonry wall with ;
pursuant to City standards. Location of said receptacles shall be approved bJ
Planning Director prior to building permit issuance. Enclosure shall be shown 01
building plans to be of similar colors and/or materials to the project to the satisfactic
the Planning Director prior to building permit issuance.
13. An exterior lighting plan including parking areas shall be submitted for Planning Dirc
approval prior to building permit issuance. All lighting shall be designed to re
downward and avoid any impacts on adjacent homes or property. The maximum hr
of all light fixtures shall not exceed 30 feet.
14. No outdoor storage of materials shall occur onsite unless required by the Fire Chiel
such instance a storage plan will be submitted for approval by the Fire Chief an(
Planning Director.
15. The Developer shall prepare a detailed landscape and irrigation plan in conformance
the approved Preliminary Landscape Plan and the City’s Landscape Manual. The f
shall be submitted to and approval obtained from the Planning Director prior to
approval of the final map, grading permit, or building permit, whichever occurs first.
Developer shall construct and install all landscaping as shown on the approved plans,
maintain all landscaping in a healthy and thriving condition, free from weeds, trash,
debris.
16. The first submittal of detailed landscape and irrigation plans shall be accompanied b
project’s building, improvement, and grading plans.
17. Building identification and/or addresses shall be placed on all new and existing build
so as to be plainly visible from the street or access road; color of identification ar
addresses shall contrast to their background color.
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18. Prior to the issuance of building permits the Developer shall prepare and record a N
that this property is subject to overflight, sight and sound of aircraft operating
McClellan-Palomar Airport, in a form meeting the approval of the Planning Directo:
the City Attorney (see Noise Form #2 on file in the Planning Department).
19. The Developer is aware that the City is preparing a non-residential housing impac
(linkage fee) consistent with Program 4.1 of the Housing Element. The applica
further aware that the City may determine that certain non-residential projects may
to pay a linkage fee, in order to be found consistent with the Housing Element o
General Plan. If a linkage fee is established by City Council ordinance and/or resoh
and this project becomes subject to a linkage fee pursuant to said ordinance ar
resolution, then the Developer, or his/her/their successor(s) in interest shall pay
linkage fee. The linkage fee shall be paid at the time of issuance of building pen
except for projects involving a request for a non-residential planned development fc
existing development, in which case, the fee shall be paid on approval of the final x
parcel map or certificate of compliance, required to process the non-residential P
whichever pertains. If linkage fees are required for this project, and they are not paid,
project will not be consistent with the General Plan and approval for this project
become null and void.
20. Prior to building permit issuance the Developer shall submit a solid w
management plan for review and approval by the Planning Director. The plan s
provide the following:
a. The approximate location, type and number of containers to be use(
collect refuse and recyclables.
b. Refuse and recyclable collection methods to be used.
c. A description and site plan for any planned on-site processing facilitie$
equipment (balers, compactors).
d. A description of the types of recycling services to be provided
contractual relationships with vendors to provide these services.
e. The estimated quantity of waste generated and estimated quantities
recyclable materials.
This plan shall also evaluate the feasibility of the following divers
programs/measures:
1. Source separated green waste collection.
.. 11. Cardboard recycling.
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dry (recoverable) materials.
iv. Where feasible, providing compactors for non-recyclables to re'
the number of trips to disposal facilities.
2 1. Prior to building permit issuance the developer shall submit a final security pla~
review and approval of the Carlsbad Police Department. The plan shall inc
information about internal security programs, security systems and devices and
other information required by the Police Department.
22. Prior to building permit issuance the developer shall submit evidence that they
implement the following air quality mitigation measures:
a. Provide commuter information areas on-site for employees.
b. Implement flexible or staggered employee shift start and finish times in o
to reduce the number of vehicle trips generated by the project during
morning and evening peak hour commute.
c. Develop a trip reduction plan to achieve 1.5 AVR (Average vehicle riders:
23. The west elevation shall be revised subject to Planning Director approval
include an additional architectural feature with a metal roof located an el
distance from the north edge of the building as is the metal roofed architect1
feature on that same elevation from the south edge of the building. The additic
metal roofed architectural feature may be smaller in scale than the one depictec
the west elevation.
Engineering:
Note: Unless specifically stated in the condition, all of the following conditions upon
approval of this Site Development Plan, must be met prior to issuance of any builc
permit.
24. Reciprocal access easements and maintenance agreements shall be executed with
developer and adjacent property owners for the shared driveway accesses a1
Armada Drive. Depending on property ownership, these easements and agreemc
shall be executed in accordance with the following:
a. If different property ownership - Reciprocal access easements I
maintenance agreements shall be executed with the developer and adjar
property owner.
b. If same property ownership - Covenants for reciprocal access easements t
maintenance agreements shall be executed with the developer.
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25. An adjustment plat shall be prepared, approved and recorded for the nortl
property line as indicated on the Site Development Plan.
26. Proposed top of slope grading shall be relocated away from the northerly (adj,
property line) and southerly property lines, in conformance with City Standard
14. This shall be shown on the mylar Site Development Plan.
27. The subject property is within the boundaries of Assessment District No. S
(Carlsbad Ranch). Any boundary adjustments of the property will requi
segregation of assessment. It is estimated that an assessment lean will be place
the property after June-1997, and, if not paid in full, the first payment will be
December-1997 with the County tax bill.
28. Prior to hauling dirt or construction materials to or from any proposed constructior
within this project, the developer shall submit to and receive approval from the
Engineer for the proposed haul route. The developer shall comply with all conditions
requirements the City Engineer may impose with regards to the hauling operation.
29. The developer shall provide for sight distance corridors at all project drivewa?
accordance with Engineering Standards and shall record the following statement or
mylar Site Development Plan:
"NO structure, fence, wall, tree, shrub, sign, or other object over 30 inches above
the street level may be placed or permitted to encroach within the area identified
as a sight distance corridor in accordance with City Standards. The underlying
property owner shall maintain this condition."
30. Prior to issuance of a building permit for any buildable lot within the subdivision,
property owner shall pay a one-time special development tax in accordance with I
Council Resolution No. 9 1-39.
3 1. The developer shall pay all current fees and deposits required.
32. The drainage system shall be designed to ensure that runoff resulting from 10-
frequency storms of 6 hours and 24 hours duration under developed conditions, are e,
to or less than the runoff from a storm of the same frequency and duration under exis
developed conditions. Both 6 hour and 24 hour storm duration's shall be analyzec
determine the detention basin capacities necessary to accomplish the desired results.
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33. The developer shall comply with the City's requirements of the National Pollu
Discharge Elimination System (NPDES) permit. The developer shall provide
management practices as referenced in the "California Storm Water Best Managen
Practices Handbook" to reduce surface pollutants to an acceptable level prior to dischi
to sensitive areas. Plans for such improvements shall be approved to the satisfaction
and by the City Engineer, in accordance with the following:
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a. Fossil filters shall be installed at storm drain inletshnverts, as shown
on the Site Development Plan.
34. The structural section for the access aisles must be designed with a traffic index of 5
accordance with City Standards due to truck access through the parking area and/or a
with an ADT greater than 500. The structural pavement design of the aisle ways sha
submitted together with required R-value soil test information and approved by the
as part of the building site plan review.
Water:
35. The entire potable water system, reclaimed water system and sewer system shi
evaluated in detail to insure that adequate capacity, pressure and flow demands ca.
met.
36. The Developer shall be responsible for all fees, deposits and charges which wil
collected before and/or at the time of issuance of the building permit. The San D
County Water Authority capacity charge will be collected at issuance of applicatioI
meter installation.
37. Sequentially, the Developer’s engineer shall do the following:
a. Meet with the City Fire Marshal and establish the fire protection requiremc
Also obtain GPM demand for domestic and irrigational needs from approp:
parties.
b. Prepare a colored reclaimed water use area map and submit to the Plan
Department for processing and approval.
c. Prior to the preparation of sewer, water and reclaimed water improvement plar
meeting must be scheduled with the District Engineer for review, comment
approval of the preliminary system layouts and usages (i.e., GPM-EDU).
38. This project is approved upon the expressed condition that building permits will no
issued for development of the subject property unless the water district serving
development determines that adequate water service and sewer facilities are availabl
the time of application for such water service and sewer permits will continue tc
available until time of occupancy.
Fire:
39. Prior to issuance of building permits, complete building plans shall be approved by
Fire Department.
40. Additional on-site public water mains and fire hydrants are required.
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41. Plans andor specifications for fire alarm systems, fire hydrants, automatic fire spri
systems and other fire protection systems shall be submitted to the Fire Departmer
approval prior to construction.
42. An approved automatic fire sprinkler system shall be installed in buildings havir
aggregate floor area exceeding 10,000 square feet.
General:
43. If any of the foregoing conditions fail to occur; or if they are, by their terms, t
implemented and maintained over time; if any of such conditions fail to b
implemented and maintained according to their terms, the City shall have the rig
revoke or modify all approvals herein granted; deny or further condition issuance (
future building permits; deny, revoke or further condition all certificates of occu~
issued under the authority of approvals herein granted; institute and prosecute litigatic
compel their compliance with said conditions or seek damages for their violation.
vested rights are gained by Developer or a successor in interest by the City’s approv
this Site Development Plan.
Standard Code Reminders:
44. The Developer shall pay a landscape plan check and inspection fee as required by Sec
20.08.050 of the Carlsbad Municipal Code.
45. This approval shall become null and void if building permits are not issued for
project within two (2) years from the date of project approval.
46. Approval of this request shall not excuse compliance with all applicable sections ol
Zoning Ordinance and all other applicable City ordinances in effect at time of buil
permit issuance, except as otherwise specifically provided herein.
47. The project shall comply with the latest non-residential disabled access requirerr
pursuant to Title 24 of the State Building Code.
48. All roof appurtenances, including air conditions, shall be architecturally integrated
concealed from view and the sound buffered fiom adjacent properties and street:
substance as provided in Building Department Policy No. 80-6, to the satisfaction ol
Directors of Community Development and Planning.
49. Compact parking spaces shall be located in large groups, and in locations clearly ma
to the satisfaction of the Planning Director.
50. All landscape and irrigation plans shall be prepared to conform with the Landsc
Manual and submitted per the landscape plan check procedures on file in the Plam
Department.
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5 1. Any signs proposed for this development shall at a minimum be designed in conforn
with the City's Sign Ordinance and the Carlsbad Ranch Specific Plan and shall re
review and approval of the Planning Director prior to installation of such signs.
52. The developer shall exercise special care during the construction phase of this projc
prevent off-site siltation. Planting and erosion control shall be provided in accorc
with the Carlsbad Municipal Code and the City Engineer.
PASSED, APPROVED AND ADOPTED at a regular meeting of the plar
Commission of the City of Carlsbad, California, held on the 18th day of June 1997, b:
following vote, to wit:
AYES: Chairperson Nielsen, Commissioners Compas, Heine
Monroy, Noble and Savary
NOES: Commissioner Welshons
ABSENT: None
ABSTAIN: None
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< i/ ,*\"*e -=" r"~&*.."=%"...e. Lr:4i<w: >>,?
ROBERT NIELSEN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
W MICHAEL J. HOLZMILLEIV
Planning Director
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