HomeMy WebLinkAbout1997-09-03; Planning Commission; Resolution 4169a
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PLANNING COMMISSION RESOLUTION NO. 4169
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
INDUSTRIAL OFFICE DEVELOPMENT AND AN OPEN
SPACE PARCEL ON PROPERTY GENERALLY LOCATED
SOUTH OF COUGAR DRIVE ON THE EAST AND WEST
SIDES OF PALMER WAY IN LOCAL FACILITIES
MANAGEMENT ZONE 15
CASE NAME: PALMER WAY INDUSTRIAL PARK
CASE NO.: SDP 96-13
WHEREAS, Ron Lister, d.b.a. Lister Construction, “Developer”, has fi
verified application with the City of Carlsbad regarding property owned by Ronald Craig I
and Colleen Marie Lister, Trustees, “Owner”, described as
DEVELOPMENT PLAN NO. SDP 96-13 TO ALLOW A 3-LOT
A portion of Parcel 1 of Parcel Map 10060, and a portion of
Lot “B” of Rancho Agua Hedionda, all in the City of Carlsbad
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Develop
Plan as shown on Exhibits “A” - “G” dated September 3, 1997, on file in the Plar
Department (Palmer Way Industrial Park - SDP 96-13) as provided by Chapter 21.06 o
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 3rd day of September 3
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testin
and arguments, if any, of all persons desiring to be heard, said Commission considered all fa
relating to the Site Development Plan.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plan
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Plan
Cornmission APPROVES Site Development Plan, SDP 96-13 based or
following findings and subject to the following conditions:
Findings:
1. a. The Planning Director has found that, based on the EIA Part 11, this Subse
Project was described in the MEIR 93-01 as within its scope; AND there m
no additional significant effect, not analyzed therein; AND that no ne
additional mitigation measures or alternatives are required; AND that the1
this Subsequent Project is within the scope of the prior EIR; and no
environmental document nor Public Resources Code 2108 1 findings are requ
b. The Planning Commission finds that all feasible mitigation measures or p
alternatives identified in the MEIR 93-01 which are appropriate to
Subsequent Project have been incorporated into this Subsequent Project.
2. The Planning Commission finds that the project, as conditioned herein
conformance with the Elements of the City’s General Plan, based on the following:
a. Land Use - The project is consistent with the City’s General Plan sinc
proposed industrial office development is consistent with the General
designation of PI (Planned Industrial) specified for the site as indicated a
Land Use Element of the General Plan.
b. Circulation - The project is consistent with the City’s General Plan sincc
proposed industrial office development provides a circulation system whi
adequate to handle all traffic generated by the project and all circulation
parking requirements anticipated for the project.
3. 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 sei
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. Park-in-lieu fees are required as a condition of approval.
c. All necessary public improvements have been provided or are requirec
conditions of approval.
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d. The Developer has agreed and is required by the inclusion of an appro,
condition to pay a public facilities fee. Performance of that contract and pa!
of the fee will enable this body to find that public facilities will be ava
concurrent with need as required by the General Plan.
4. 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 addil
requirements established by a Local Facilities Management Plan prepared pursuz
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availabil
public facilities and will mitigate any cumulative impacts created by the project.
5. This project has been conditioned to comply with any requirement approved as part c
Local Facilities Management Plan for Zone 5.
6. The project is consistent with the Comprehensive Land Use Plan (CLUP) fo
McClellan-Palomar Airport, dated April 1994, in that, as conditioned, the applicant
record a notice concerning aircraft noise,. The project is compatible with the proj
noise levels of the CLUP; and, based on the noise/land use compatibility matrix c
CLUP, the proposed land use is compatible with the airport, in that the proposed I
not “high-rise” development and will not involve assemblages of large numbe
people.
7. That the project is consistent with the City’s Landscape Manual, adopted by City Co
Resolution No. 90-384.
8. 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 N
the proposed use is to be located, and will not adversely impact the site, surroundini
traffic circulation, in that the proposed use is consistent with the uses allowed by
PI (Planned Industrial) General Plan designation on the property, and the proje
proposed at a scale which is compatible with neighboring uses which prim:
consist of smaller office, industrial, and commercial uses, and the project is desij
to comply with all applicable development requirements including trz
circulation, and landscaping.
9. That the site for the intended use is adequate in size and shape to accommodate the us
that the site accommodates the proposed development while providing adeql
space for all other requirements including, parking, circulation requirements,
landscaping.
10. That all yards, setbacks, walls, fences, landscaping, and other features necessary to a(
the requested use to existing or permitted future uses in the neighborhood wil
provided and maintained, in that the project provides for a minimum 30’ setback fl
El Camino Real (for the future development parcel) and provides all landscapin
required by the City’s Landscape Manual, and no fences are required.
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1 1. That the street systems serving the proposed use is adequate to properly handle all I
generated by the proposed use, in that the project provides 77 parking spar
required by the two proposed structures and adequate circulation for all antici.
traffic.
Conditions:
Plannine: -
1. The Planning Commission does hereby APPROVE the Site Development Plan fi
industrial office project entitled “Palmer Way Industrial Park“. (Exhibits “A” -
dated September 3, 1997, on file in the Planning Department and incorporated b:
reference), subject to the conditions herein set forth. Staff is authorized and direcl
make, or require the Developer to make, all corrections and modifications to thc
Development Plan documents, as necessary to make them internally consistent a
conformity with the final action on the project. Development shall occur substantia.
shown on the approved Exhibits. Any proposed development substantially different
this approval, shall require an amendment to this approval.
2. The Developer shall comply with all applicable provisions of federal, state, and
ordinances in effect at the time of building permit issuance.
3. The Developer shall provide the City with a reproducible 24” x 36”, mylar copy (
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.
4. 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
for such sewer permits and will continue to be available until time of occupancy.
5. The Developer shall pay the public facilities fee adopted by the City Council on Jul;
1987, (amended July 2, 1991) and as amended from time to time, and any develop]
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Munil
Code or other ordinance adopted to implement a growth management system or Faci
and Improvement Plan and to fulfill the subdivider’s agreement to pay the pi
facilities fee dated November 22, 1996, a copy of which is on file with the City (
and is incorporated by this reference. If the fees are not paid, this application will nl
consistent with the General Plan and approval for this project will be void.
6. This project shall comply with all conditions and mitigation measures which are req1
as part of the Zone 5 Local Facilities Management Plan and any amendments ma(
that Plan prior to the issuance of building permits.
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7. Approval of SDP 96-13 is granted subject to the approval of SUP 96-09, and LFM
OS(D)/L,FMP 15(A). SDP 96-13 is subject to all conditions contained in Plal
Commission Resolutions No. 4170 and 4171 for SUP 96-09 and LFME
OS(D)/LFMP 15(A).
8. Prior to the issuance of the Building Permit, Developer shall submit to the City a 8
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 th;
City of Carlsbad has issued a Site Development Plan and Special Use Perm
Resolutions No. 4169 and 4170, and Non-residential Planned Unit Developme1
the real property owned by the Developer. Said Notice of Restriction shall not
property description, location of the file containing complete project details ar
conditions of approval as well as any conditions or restrictions specified for inclusi
the Notice of Restriction. The Planning Director has the authority to execute and r
an amendment to the notice which modifies or terminates said notice upon a showi~
good cause by the Developer or successor in interest.
9. 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 b!
Planning Director. Enclosure shall be of similar colors and/or materials to the projt
the satisfaction of the Planning Director.
10. An exterior lighting plan including parking areas shall be submitted for Planning Dir
approval. All lighting shall be designed to reflect downward and avoid any impac
adjacent homes or property.
11. 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.
12. The Developer shall prepare a detailed landscape and irrigation plan in conformance
the approved Preliminary Landscape Plan and the City’s Landscape Manual. The 1
shall be submitted to and approval obtained from the. Planning Director prior tc
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.
13. The first submittal of detailed landscape and irrigation plans shall be accompanied b.
project’s building, improvement, and grading plans.
14. The Developer shall submit and obtain Planning Director approval of a uniform
program for this development prior to occupancy of any building.
15. Building identification and/or addresses shall be placed on all new and existing builc
so as to be plainly visible from the street or access road; color of identification su
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addresses shall contrast to their background color.
16. Prior to the issuance of building permits, the Developer shall prepare and record a 1
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 Directc
the City Attorney.
17. The Developer is aware that the City is preparing a non-residential housing impal
(linkage fee) consistent with Program 4.1 of the Housing Element. The applic;
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 (
General Plan. If a linkage fee is established by City Council ordinance and/or resol
and this project becomes subject to a linkage fee pursuant to said ordinance a
resolution, then the Developer, or hishedtheir successor(s) in interest shall pa;
linkage fee. The linkage fee shall be paid at the time of issuance of building per
except for projects involving a request for a non-residential planned development f
existing development, in which case, the fee shall be paid on approval of the final
parcel map or certificate of compliance, required to process the non-residential :
whichever pertains. If linkage fees are required for this project, and they are not paic
project will not be consistent with the General Plan and approval for this project
become null and void.
18. All conditions of approval for PUD 96-08 are incorporated herein by reference.
Engineering:
19. All of the conditions of approval for MS 96-11 are incorporated herein by refen
20. Prior to issuance of any building permit, the developer shall comply with
requirements of the City’s anti-graffiti program for wall treatments if and when SL
program is formerly established by the City.
21. The developer shall pay all current fees and deposits required.
22. Prior to approval of any grading or building permits for this project, the owner shall
written consent to the annexation of the area shown within the boundaries of
subdivision into the existing City of Carlsbad Street Lighting and Landscaping Di:
No. 1 on a form provided by the City.
23. The owner of the subject property shall execute an agreement holding the City ham
regarding drainage across the adjacent property.
24. Based upon a review of the proposed grading and the grading quantities shown or
tentative map, a grading permit for this project appears to be required. The devel
must submit and receive approval for grading plans in accordance with city codes
standards prior to issuance of a building permit for the project.
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25. Prior to hauling dirt or construction materials to or from any proposed constructic
within this project, the developer shall submit to and receive approval from tht
Engineer for the proposed haul route. The developer shall comply with all conditio]
requirements the City Engineer may impose with regards to the hauling operation.
26. Prior to the issuance of a grading permit or building permit, whichever occurs fir:
developer shall submit proof that a Notice of Intention has been submitted to the
Water Resources Control Board.
27. Additional drainage easements may be required. Drainage structures shall be provic
installed prior to or concurrent with any grading or building permit as may be requir
the City Engineer.
28. The structural section for the access aisles must be designed with a traffic index of:
accordance with City Standards due to truck access through the parking area and/or
with an ADT greater than 500. The structural pavement design of the aisle ways sh
submitted together with required R-value soil test information and approved by the
as part of the building site plan review.
29. The developer shall comply with the City's requirements of the National Poll
Discharge Elimination System (NPDES) permit. The developer shall provide
management practices as referenced in the "California Storm Water Best Manage
Practices Handbook" to reduce surface pollutants to an acceptable level prior to disc1
to sensitive areas. Plans for such improvements shall be approved by the City Engi
Said plans shall include but not be limited to notifying prospective owners and tena
the following:
a. All owners and tenants shall coordinate efforts to establish or work
established disposal programs to remove and properly dispose of toxic
hazardous waste products.
b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor
antifreeze, solvents, paints, paint thinners, wood preservatives, and other
fluids shall not be discharged into any street, public or private, or into storm 1
or storm water conveyance systems. Use and disposal of pesticides, fimgic
herbicides, insecticides, fertilizers and other such chemical treatments shall :
Federal, State, County and City requirements as prescribed in their respel
containers.
c. Best Management Practices shall be used to eliminate or reduce surface pollu
when planning any changes to the landscaping and surface improvements.
30. The entire potable water system, reclaimed water system and sewer system sha~
evaluated in detail to insure that adequate capacity, pressure and flow demands ca
met. I I
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31. The developer shall be responsible for all fees, deposits and charges which wi
collected before and/or at the time of issuance of the building permit. The San I
County Water Authority capacity charge will be collected at the issuance of applic
for meter installation.
32. Sequentially, the Developers Engineer shall do the following:
a. Meet with the City Fire Marshal and establish the fire protection requiren
Also obtain GPM. demand for domestic and irrigational needs from parties.
b. Prepare a colored reclaimed water use area map and submit to the Plsu
Department for processing and approval.
c. Prior to the preparation of sewer, water and reclaimed water improvement ph
meeting must be scheduled with the District Engineer for review, comrnen
approval of the preliminary system layouts and usage's (i.e. - GPM - EDU).
33. This project is approved upon the expressed condition that building permits will n
issued for development of the subject property unless the water district servinl
development determines that adequate water service and sewer facilities are availak
the time of application for such water service and sewer permits will continue t
available until time of occupancy.
34. The developer shall exercise special care during the construction phase of this proje
prevent offsite siltation. Planting and erosion control shall be provided in accord
with the Carlsbad Municipal Code and the City Engineer.
35. Prior to building permit issuance the developer shall enter into an agreement to
secured by a bond, their proportionate share of a traffic signal at the intersectic
El Camino Real and Cougar Drive. The bond will be maintained for a period 0'
(10) years. If a traffic signal is not installed at the intersection during the ten
period, the agreement and bond will be released by the City Attorney.
36. a. A private on-site sewer system is required to provide sewer service for
project. The private on-site sewer system shall include a pump stations
force main to convey sewage from the project to the existing 8-inch diam
public sewer in Faraday Avenue. The private on-site sewer system shal
designed to meet CMWD requirements and standards for efficiency
reliability, and be submitted to CMWD for plancheck It shall alsc
designed to be abandoned in the future upon the completion of a pt
sewer in Palmer Way.
b. The owner shall operate and maintain the private on-site sewer system L
such time as the public sewer in Palmer Way is completed and in opera1
Upon completion of the public sewer in Palmer Way, the owner shall II
the necessary changes to convey the sewage from the project to the
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public sewer in Palmer Way, and properly abandon the private on-site e
system to the satisfaction of CMWD and the Regional Water Quality Ga
Board, San Diego Region.
Fire:
37. Prior to the issuance of building permits, complete building plans shall be approvt
the Fire Department.
38. Additional onsite public water mains and fire hydrants are required.
39. Applicant shall submit a site plan to the Fire Department for approval, which dt
location of required, proposed and existing public water mains and fire hydrants.
plan should include offsite fire hydrants within 200 feet of the project.
40. Applicant shall submit a site plan depicting emergency access routes, driveways
traffic circulation for Fire Department approval.
41. An all weather, unobstructed access road suitable for emergency service vehicles sh;
provided and maintained during construction. When in the opinion of the Fire Chie
access road has become unserviceable due to inclement weather or other reasons, he
in the interest of public safety, require that construction operations cease unti
condition is corrected.
42. All required water mains, fire hydrants and appurtenances shall be operational bc
combustible building materials are located on the construction site.
43. Prior to final inspections, all security gate systems controlling vehicular access sha
equipped with a “Knox,” key-operated emergency entry device. Applicant shall co
the Fire Prevention Bureau for specifications and approval prior to installation.
44. Prior to building occupancy, private roads and driveways which serve as required ac
for emergency service vehicles shall be posted as fire lanes in accordance with
requirements of Section 17.04.020 of the Carlsbad Municipal Code.
45. Plans and/or specifications for fire alarm systems, fire hydrants, automatic fire spril
systems and other fire protection systems shall be submitted to the Fire Departmen
approval prior to construction.
46, An approved automatic fire sprinkler system shall be installed in buildings havin
aggregate floor area exceeding 10,000 square feet.
General:
47. If any of the foregoing conditions fail to occur; or if they are, by their terms, tl
implemented and maintained over time, if any of such conditions fail to bc
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implemented and maintained according to their terms, the City shall have the ri;
revoke or modify all approvals herein granted; deny or further condition issuance
future building permits; deny, revoke or Mher condition all certificates of occu
issued under the authority of approvals herein granted; institute and prosecute litigat.
compel their compliance with said conditions or seek damages for their violati01
vested rights are gained by Developer or a successor in interest by the City’s appro
this Site Development PladNon-residential Planned Unit Development/Specia
Permit/Local Facilities Management Plan Amendments.
Code Reminders
This project is subject to all applicable provisions of local ordinances, including but not lil
to the following code requirements
48. The Developer shall pay a landscape plan check and inspection fee as required by Sc
20.08.050 of the Carlsbad Municipal Code.
49. Approval of this request shall not excuse compliance with all applicable sections t
Zoning Ordinance and all other applicable City ordinances in effect at time of bu
permit issuance, except as otherwise specifically provided herein.
50. The project shall comply with the latest non-residential disabled access requirer
pursuant to Title 24 of the State Building Code.
51. All roof appurtenances, including air conditions, shall be architecturally integrate(
concealed from view and the sound buffered f?om adjacent properties and stree
substance as provided in Building Department Policy No. 80-6, to the satisfaction (
Directors of Community Development and Planning.
52. Compact parking spaces shall be located in large groups, and in locations clearly m:
to the satisfaction of the Planning Director.
53. All landscape and irrigation plans shall be prepared to conform with the Land:
Manual and submitted per the landscape plan check procedures on file in the Plar
Department.
54. Any signs proposed for this development shall at a minimum be designed in conform
with the City’s Sign Ordinance and shall require review and approval of the Plar
Director prior to installation of such signs.
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1 PASSED, APPROVED AND ADOPTED at a regular meeting of the pla
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Commission of the City of Carlsbad, California, held on the 3rd day of September 1997,l
following vote, to wit:
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AYES: Chairperson Nielsen, Commissioners Compas, Heinc
Monroy, Noble, Savary and Welshons
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NOES: None
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ABSENT: None
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ABSTAIN: None
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,/A ,a' ,fl+ ..,"" .* 2 &?.,"' -'
4 /@"
^a,"." ~
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ROBERT NIELSEN, Chairperson
13 CARLSBAD PLANNING COMMISSION
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6" ,/q \* ? , // I, '\"ax=-hzzc" .
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.r c %*G<z>L,.: I.
ATTEST:
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Planning Director
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