HomeMy WebLinkAbout1997-10-15; Planning Commission; Resolution 41771
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PLANNING COMMISSION RESOLUTION NO. 4177
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE
DEVELOPMENT PLAN FOR A 27,782 SQUARE FOOT
OFFICE BUILDING ON 1.75 ACRES GENERALLY LOCATED
ON THE SOUTHEAST CORNER OF CAMINO VIDA ROBLE
AND OWENS AVENUE NORTH OF PALOMAR AIRPORT
ROAD WITHIN AREA 2 OF THE CARLSBAD AIRPORT
CENTRE SPECIFIC PLAN IN LOCAL FACILITIES
MANAGEMENT ZONE 5
CASE NAME: OPTIMAL INTEGRATED SOLUTIONS
CASE NO. : SDP 97-10
WHEREAS, Mansour Architectural Corporation, “Developer’y, has fil
verified application with the City of Carlsbad regarding property owned by Ayman Suleil
and Mazen M. Suleiman, “Owner”, described as
Parcel 1 of Parcel Map No. 17886 filed in the Office of the County
Recorder of San Diego County, July 30,1997, File No. 97-362973.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Develop]
Plan as shown on Exhibit(s) “A” - “H” dated October 15, 1997, on file in the Plan
Department, SDP 97-10, as provided by the Carlsbad Airport Centre Specific Plan
lSl(A)) and Chapter 21.06 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of October 1
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 testim
and arguments, if any, of all persons desiring to be heard, said Commission considered all fac
relating to the Site Development Plan.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planr
Commission of the City of Carlsbad as follows:
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1 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
Commission APPROVES Site Development Plan, SDP 97-10 based on
following findings and subject to the following conditions:
Findings:
1. That the requested use is a) properly related to the site, surroundings and environm
settings; b) is consistent with the various elements and objectives of the General
will not be detrimental to existing uses or to uses specifically permitted in the ar
which the proposed use is to be located; c) and will not adversely impact the
surroundings or traffic circulation, in that: a) the industrial project design com
with the requirements of the Carlsbad Airport Centre Specific Plan and all a
9 II zoning development standards applicable to the site such as all required buil
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and landscape setbacks which have been incorporated into the site design; b:
Carlsbad Airport Centre Specific Plan implements the underlying Plal
Industrial General Plan designation and was found to be in compliance with
General Plan: and c) the nroiertAuanriaten.t with ~lwrnlmiiin~ ;rial-*
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measures or alternatives are required; AND that therefore this project is within the :
of the prior EIR; and no new environmental document nor Public Resources Code 2
findings are required.
6. The Planning Commission finds that all feasible mitigation measures identified in
93-01 and EIR 81-06 which are appropriate to this project have been incorporated
this 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 approp
condition to pay a public facilities fee. Performance of that contract and pay1
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 additi
requirements established by a Local Facilities Management Plan prepared pursuar
Chapter 2 1.90 of the Carlsbad Municipal Code. This will ensure continued availabilii
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 5.
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
shall record a notice that the property is subject to overflight, sight and sound
aircraft operating from McClellan-Palomar Airport. The project is compatible 7
the projected noise levels of the CLUP; and, based on the noise/land use compatib.
matrix of the CLUP, the proposed land use is compatible with the airport, in that
project site falls inside the 65 CNEL noise contours and the proposed land use
compatible use at these noise levels .
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11. A growth management park fee of 40 cents per square foot of non-reside
development will be collected at the time of building permit issuance. This fet
be used to construct recreational facilities to offset the demand created by emplc
within Zone 5.
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 Co.
Resolution No. 90-384.
14. The project complies with the development standards of the Carlsbad Air
Centre Specific Plan (SP 181(A)).
Conditions:
Planning:
1. The Planning Commission does hereby APPROVE the Site Development Plan fo~
project entitled SDP 97-10 - OPTIMAL INTEGRATED SOLUTIONS (Exhibit(s)
-“H” dated October 15, 1997 on file in the Planning Department and incorporate1
this reference) subject to the conditions herein set forth. Staff is authorized and dire
to make, or require Developer to make, all corrections and modifications to the
Development Plan document(s), as necessary, to make them internally consistent ar
conformity with final action on the project. Development shall occur substantiall,
shown in the approved Exhibits. Any proposed development substantially different f
this approval, shall require an amendment to 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 indemnify, 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,
City’s approval or issuance of any permit or action, whether discretionary or I
discretionary, in connection with the use contemplated herein, and
Developer/Operator’s installation and operation of the facility permitted her’
including without limitation, any and all liabilities arising from the emission by
facility of electromagnetic fields or other energy waves or emissions.
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 building permit.
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4. The Developer shall provide the City with a reproducible 24" x 36", mylar copy c
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, or improvement plan subn
whichever occurs first.
5. The Developer shall include, as part of the plans submitted for any permit plan che
reduced legible version of the approving resolutions on a 24" x 36" blueline dra\
Said blueline drawing(s) shall also include a copy of any applicable Coastal Develop
Permit and signed approved site plan.
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
for such sewer permits and will continue to be available until time of occupancy
7. 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 developl
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 May 12, 1997, a copy of which is on file with the City Clerk a]
incorporated by this reference. If the fees are not paid, this application will nc
consistent with the General Plan and approval for this project will be void.
8. The Developer shall provide proof of payment of statutory school fees to miti
conditions of overcrowding as part of the building permit application. The amour
these fees shall be determined by the fee schedule in effect at the time of building pe
application.
9. This project shall comply with all conditions and mitigation measures which are reqt
as part of the Zone 5 Local Facilities Management Plan and any amendments mac
that Plan prior to the issuance of building permits, including, but not limited to
following:
a. The growth management park fee of 40 cents per square foot of r
residential development imposed at approval of the Zone 5 Local Facill
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 5.
10. Approval of SDP 97-10 is granted subject to the approval of CUP 97-05. SDP 97-1
subject to all conditions contained in the Planning Commission Resolution for CUP
05.
1 1. Prior to the issuance of the Building Permit, Developer shall submit to the City a Nc
of Restriction to be filed in the office of the County Recorder, subject to the satisfac
of the Planning Director, notifying all interested parties and successors in interest that
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City of Carlsbad has issued a Site Development Plan and Conditional Use Perm
Resolutions No. 4177 and 4178 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 Direct0
the authority to execute and record an amendment to the notice which modifit
terminates said notice upon a showing of good cause by the Developer or success
interest.
12. Trash receptacle areas shall be enclosed by a six-foot high masonry wall with I
pursuant to City standards. Location of said receptacles shall be approved bq
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 Dir
approval prior to building permit issuance. All lighting shall be designed to rt
downward and avoid any impacts on adjacent property. The maximum height G
light fixtures shall not exceed 30 feet.
’ 14. No outdoor storage of materials shall occur onsite unless required by the Fire Chiei
such instance a storage plan will be submitted for approval by the Fire Chief anc
Planning Director.
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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 I
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.
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.
18. Prior to the issuance of building permits the Developer shall prepare and record a Nc
that this property is subject to overflight, sight and sound of aircraft operating f
McClellan-Palomar Airport, in a form meeting the approval of the Planning Director
the City Attorney (see Noise Form #2 on file in the Planning Department).
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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 resol
and this project becomes subject to a linkage fee pursuant to said ordinance a
resolution, then the Developer, or his/her/their 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 fi
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 E
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. As shown on Exhibit “C”, the use of non-reflective glass, medium and
sandblasted concrete finishes, scored concrete, and muted colors to avoid glare
soften the visual impact of the structure shall be required to be identified or
building plans prior to building permit issuance.
21. A solid landscaped hedge within the interior setback shall be installed, irrig:
and maintained to screen the parking lot from the adjacent properties.
22. 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.
Engineering:
23. Prior to hauling dirt or construction materials to or from any proposed constructior
within this project, the developer shall submit to and receive approval fiom the
Engineer for the proposed haul route. The developer shall comply with all condition:
requirements the City Engineer may impose with regards to the hauling operation.
24. 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
Council ResolutionNo. 91-39.
25. The developer shall pay all current fees and deposits required.
26. The developer shall comply with the City’s requirements of the National Poll1
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 disck
to sensitive areas. Plans for such improvements shall be approved by the City Engil
Said plans shall include but not be limited to notifying prospective owners and tenan
the following:
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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 (
or storm water conveyance systems. Use and disposal of pesticides, fungic
herbicides, insecticides, fertilizers and other such chemical treatments shall
Federal, State, County and City requirements as prescribed in their respe
containers.
c. Best Management Practices shall be used to eliminate or reduce surface pollu
when planning any changes to the landscaping and surface improvements.
Water:
27. The entire potable water system, reclaimed water system and sewer system sha
evaluated in detail to insure that adequate capacity, pressure and flow demands ci
met.
28. The Developer shall be responsible for all fees, deposits and charges which wi
collected before andor at the time of issuance of the building permit. The San I
County Water Authority capacity charge will be collected at issuance of applicatio
meter installation.
29. 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 appro]
parties.
b. Prepare a colored reclaimed water sue area map and submit to the P1a1
Department for processing and approval.
c. Prior to the preparation of sewer, water and reclaimed water improvement pl;
meeting must be scheduled with the District Engineer for review, commen
approval of the preliminary system layouts and usages (ie., GPM - EDU).
30. This project is approved upon the expressed condition that building permits will r
issued for development of the subject property unless the water district servin
development determines that adequate water service and sewer facilities are availa
the time of application for such water service and sewer permits will continue
available until time of occupancy. This not shall be placed on the final map. I I *** 1 PC RES0 NO. 4177 -8-
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3 1. Reclaimed water irrigation and improvement plans shall be submitted to the C
Landscape Architect at the City of Carlsbad, Planning Department, 2075 Las Pa
Drive, Carlsbad, California 92009 ((760) 438-1 161).
Fire:
32. Prior to issuance of building permits, the Fire Department shall evaluate building 1
for conformance with applicable fire and life safety requirements of the state and
Fire Codes.
33. Provide additional public fire hydrants at intervals of 300 feet along public street:
private driveways. Hydrants should be located at street intersections when possiblc
should be positioned no closer than 100 feet from terminus of a street or driveway.
34. Applicant shall submit a site plan to the Fire Department for approval, which de
location of required, proposed and existing public water mains and fire hydrants.
plan should include off-site hydrants within 200 feet of the project.
35. Applicant shall submit a site plan depicting emergency access routes, driveways
traffic circulation for Fire Department approval.
36. 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.
37. All required water mains, fire hydrants and appurtenances shall be operational b
combustible building materials are located on the construction site.
38. Prior to building occupancy, private roads and driveways which serve as required a1
for emergency service vehicles shall be posted as fire lanes in accordance wit1
requirements of Section 17.04.020 of the Carlsbad Municipal Code.
39. All buildings having an aggregate floor area in excess of 10,000 square feet mu!
protected by automatic fire sprinkler systems. Plans and specifications must be appr
by the fire department, and a permit obtained prior to installation.
General:
40. If any of the foregoing conditions fail to occur; or if they are, by their terms, 1
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 occur
issued under the authority of approvals herein granted; institute and prosecute litigati
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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 appro\
this Site Development Plan.
Standard Code Reminders:
41. . The Developer shall pay a landscape plan check and inspection fee as required by Se
20.08.050 of the Carlsbad Municipal Code.
42. Approval of this request shall not excuse compliance with all applicable sections c
Zoning Ordinance and all other applicable City ordinances in effect at time of bui
permit issuance, except as otherwise specifically provided herein.
43, The project shall comply with the latest non-residential disabled access requirer
pursuant to Title 24 of the State Building Code.
44. All roof appurtenances, including air conditions, shall be architecturally integrate(
concealed from view and the sound buffered from adjacent properties and stree
substance as provided in Building Department Policy No. 80-6, to the satisfaction (
Directors of Community Development and Planning.
45. Compact parking spaces shall be located in large groups, and in locations clearly m4
to the satisfaction of the Planning Director.
46. 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 P1a1
Department.
47. Any signs proposed for this development shall at a minimum be designed in conforn
with the City’s Sign Ordinance and the Carlsbad Airport Centre Specific Pla~
shall require review and approval of the Planning Director prior to installation of
signs.
48. The developer shall exercise special care during the construction phase of this projl
prevent off-site siltation. Planting and erosion control shall be provided in accorc
with the Carlsbad Municipal Code and the City Engineer.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the plan
Commission of the City of Carlsbad, California, held on the 15th day of October 1997, bj
following vote, to wit:
AYES: Chairperson Nielsen, Commissioner Compas, Heineman
Noble
NOES: None
ABSENT: Commissioner Monroy, Savary and Welshons
ABSTAIN: None
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ROBERT NIELSEN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
\
Planning Director
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