HomeMy WebLinkAbout1997-10-15; Planning Commission; Resolution 4184,.
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PLANNING COMMISSION RESOLUTION NO. 4184
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF SPECIFIC PLAN AMENDMENT NO. SP23(G)
ON PROPERTY GENERALLY LOCATED AT THE
SOUTHWEST CORNER OF PASEO DEL NORTE AND
CAMINO DEL PARQUE IN LOCAL FACILITIES
MANAGEMENT ZONE 4.
CASE NAME: CARLSBAD CORPORATE PLAZA
CASE NO.: SP 23(G)
WHEREAS, Carlsbad Corporate, LLC, “Developer”, has filed a ver
application with the City of Carlsbad regarding property owned by Carlsbad Corporate, I
“Owner”, described as
Parcel 3 of Parcel Map No. 3415, in the City of Carlsbad,
County of San Diego, State of California, filed in the office of
the County Recorder of San Diego County, January 21,1975 a
file No. 75-014212 of official records.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Specific 1
amendment as shown on Exhibit(s) “A” - “N” dated October 15, 1997, on file in the Carl:
Planning Department, Specific Plan Amendment SP 23(G) as provided by SP 23 and Cha
21.52 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of October 1J
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
I relating to the Specific Plan amendment; and
WHEREAS, on November 18, 1992, the Planning Commission recommenl
approval of SP 23(F) as described and conditioned in Planning Commission Resolution :
3461.
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NOW, THEREFORE7 BE IT HEREBY RESOLVED by the Pls
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 Comm
RECOMMENDS APPROVAL, of Specific Plan amendment SP 23(G),
on the following findings and subject to the following conditions:
Findings:
1. The Planning Commission finds that the project, as conditioned herein for SP 23(
in conformance with the Elements of the City’s General Plan, because the propose(
will contribute to the balance of land use so that local residents may work i
community in which they live.
2. The project is consistent with the City-Wide Facilities and Improvements Pla
applicable local facilities management plan and all City public facility policie
ordinances since:
a. The project has been conditioned to ensure the building permits will not be i
for the project unless the District Engineer determines that sewer servi
available, and building cannot occur within the project unless sewer st
remains available, and the District Engineer is satisfied that the requireme]
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 facilitj
the Carlsbad School District
c. All necessary public improvements have been provided or are require
conditions of approval.
3. The Developer has agreed and is required by the inclusion of an appropriate conditic
enable this body to find that public facilities will be available concurrent with ne<
required by the General Plan.
~ pay a public facilities fee. Performance of that contract and payment of the fee
4. The proposed plan would not be detrimental to the public interest, health, ss
convenience or welfare of the City.
5. All necessary public facilities can be provided concurrent with need and adec
provisions have been provided to implement those portions of the capital improve]
program applicable to the subject property.
PC RES0 NO. 4 184 -2-
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6. The proposed commercial use will be appropriate in area, location and overall des
the purpose intended. The design and development standards are such as to cre;
environment of sustained desirability and stability. Such development will
performance standards established by this title.
7. The development site is zoned in coordination and substantial compatibility with th
surrounding the development.
8. The project has no new significant environmental effect not analyzed as significant
prior Negative Declaration.
9. That the proposed development is in conformance with the Certified Local C
Program and all applicable policies in that the project proposes the construction
office project within an area designated for commercial development. The LCP
Use Plan designates the subject site for N (Neighborhood Commercial). The site h
been used for agriculture, is not adjacent to the shoreline nor is it adjacent to c
bluffs, and is located east of the 1-5 freeway and therefore will not affect coastal accc
Conditions:
Planning:
1. The Planning Commission does hereby RECOMMEND APPROVAL of Specifil
Amendment SP 23(G) for the project entitled Carlsbad Corporate Plaza (Exh
“A” - “N” dated October 15,1997, on file in the Planning Department and incorpc
by this reference, subject to the conditions herein set forth.). Staff is authorize
directed to make, or require Developer to make, all corrections and modifications
Specific Plan document(s), as necessary, to make them internally consistent a
conformity with final action on the project. Development shall occur substantia
shown in the approved Exhibits. Any proposed development substantially differeni
this approval, shall require an amendment to this approval.
2. The Developer/Operator shall and does hereby agree to indemnify, protect, defen
hold harmless the City of Carlsbad, its Council members, officers, employees, agent
representatives, from and against any and all liabilities, losses, damages, demands, (
and costs, including court costs and attorney’s fees incurred by the City arising, di
or indirectly, from (a) City’s approval and issuance of this Conditional Use Perm
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 hc
including without limitation, any and all liabilities arising from the emission k
facility of electromagnetic fields or other energy waves or emissions.
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 reflc
conditions of approval by the City. The Plan copy shall be submitted to thc
~ PC RES0 NO. 4184 -3-
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Engineer and approved prior to building, grading, final map, or improvemenl
submittal, whichever occurs first.
4. The Developer shall include, as part of the plans submitted for any permit plan chc
reduced legible version of the approving (resolution(s)) on a 24” x 36” blueline dra
Said blueline drawing(s) shall also include a copy of any applicable Coastal DeveloI
Permit and signed approved site plan.
5. Building permits will not be issued for development of the subject property unle,
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.
6. The Developer shall pay the public facilities fee adopted by the City Council on Jul
1987, (amended July 2, 199 1) and as amended from time to time, and any develor
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Mun
Code or other ordinance adopted to implement a growth management system or Fac
and Improvement Plan and to fulfill the subdivider’s agreement to pay the I
facilities fee dated April 9, 1997, a copy of which is on file with the City Clerk 2
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.
7. The Developer shall provide proof of payment of statutory school fees to mil
conditions of overcrowding as part of the building permit application. The amou
these fees shall be determined by the fee schedule in effect at the time of building p
application.
8. This project shall comply with all conditions and mitigation measures which are reql
as part of the Zone 4 Local Facilities Management Plan and any amendments mac
that Plan prior to the issuance of building permits, including, but not limited tc
following:
a. No special conditions for Local Facilities Management Zone 4 are requirc
9. Trash receptacle areas shall be located away from the existing residential buildinl
Altamira and shall be enclosed by a six-foot high masonry wall treated to refleci
materials used on the principal buildings with gates pursuant to City stand
Location of said receptacles shall be approved by the Planning Director. Enclosure
be of similar colors andor materials to the project to the satisfaction of the Plan
Director.
10. An exterior lighting plan including parking areas shall be submitted for Planning Dirt
approval. All lighting shall be designed to reflect downward and avoid any impact
adjacent homes or property.
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1 1. No outdoor storage of materials shall occur onsite unless required by the Fire Chit
such instance a storage plan will be submitted for approval by the Fire Chief ar
Planning Director.
12. The Developer shall prepare a detailed landscape and irrigation plan in conformancc
the approved Preliminary Landscape Plan and the City’s Landscape Manual. The
shall be submitted to and approval obtained from the Planning Director prior 1
approval of the grading permit, or building permit, whichever occurs first.
Developer shall construct and install all landscaping as shown on the approved plan
maintain all landscaping in a healthy and thriving condition, free from weeds, trasl
debris.
13. The Developer shall submit and obtain Planning Director approval of a uniform
program for this development prior to occupancy of any building. Signage is prohi
on the west elevation facing the freeway. Signage facing east shall be designed
minimal lighting so as not to visually impact the existing residences in Altamira
14. Building identification and/or addresses shall be placed on all new and existing buil
so as to be plainly visible from the street or access road; color of identification E
addresses shall contrast to their background color.
15. Prior to any grading of the project site, a paleontologist shall be retained to perfc
walkover survey of the site and to review the grading plans to determine if the pro]:
grading will impact fossil resources. A copy of the paleontologist’s report shE
provided to the Planning Director prior to issuance of a grading permit.
16. 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 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 c
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 pel
except for projects involving a request for a non-residential planned development 1
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 1
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.
17. The developer shall comply with all applicable provisions of federal, state, and
ordinances in effect at the time of building permit issuance.
PC RES0 NO. 4184 -5-
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18. This approval shall supersede previous approvals for the site as describ
Planning Commission Resolution No. 3461 and adopted by City Counci
Ordinance NS-224.
Engineering:
19. Prior to issuance of any building permit, the developer shall comply with the requirements
City's anti-graffiti program for wall treatments if and when such a program is fo~
established by the City.
20. Prior to hauling dirt or construction materials to or from any proposed construction site
this project, the developer shall submit to and receive approval from the City Engineer f
proposed haul route. The developer shall comply with all conditions and requirements thl
Engineer may impose with regards to the hauling operation.
21. Prior to issuance of a building permit for any buildable lot within the subdivision, the pr(
owner shall pay a one-time special development tax in accordance with City Council Reso
NO. 91-39.
22. The developer shall pay all current fees and deposits required.
23. Prior to approval of any grading or building permits for this project, the owner shall give u
consent to the annexation of the area shown within the boundaries of the subdivision plal
the existing City of Carlsbad Street Lighting and Landscaping District No. 1 on a form pro
by the City.
24. Prior to the issuance of a grading permit or building permit, whichever occurs first, the devt
shall submit proof that a Notice of Intention has been submitted to the State Water Reso
Control Board.
25. Prior to issuance of building permits, the developer shall underground all existing ove:
utilities within the project boundary, with the exception of the single pole on the nor
boundary, to the satisfaction of the City Engineer.
26. The developer shall comply with the City's requirements of the National Pollutant Disc,
Elimination System (NPDES) permit. The developer shall provide best management practic
referenced in the "California Storm Water Best Management Practices Handbook" to re
surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for
improvements shall be approved by the City Engineer. Said plans shall include but nc
limited to notifLing prospective owners and tenants of the following:
a. All owners and tenants shall coordinate efforts to establish or work with establ
disposal programs to remove and properly dispose of toxic and hazardous 1.
products.
I b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifrl
solvents, paints, paint thinners, wood preservatives, and other such fluids shall nc I PC RES0 NO. 4184 -6-
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discharged into any street, public or private, or into storm drain or storm
conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insect
fertilizers and other such chemical treatments shall meet Federal, State, County an
requirements as prescribed in their respective containers.
c. Best Management Practices shall be used to eliminate or reduce surface pollutants
planning any changes to the landscaping and surface improvements.
27. 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 aisle:
an ADT greater than 500. The structural pavement design of the aisle ways shall be sub]
together with required R-value soil test information and approved by the City as part
building site plan review.
28. If any of the foregoing conditions fail to occur; or if they are, by their terms,
implemented and maintained over time, if any of such conditions fail to 1
implemented and maintained according to their terms, the City shall have the ril
revoke or modify all approvals herein granted; deny or further condition issuance
future building permits; deny, revoke or further condition all certificates of OCCUJ
issued under the authority of approvals herein granted; institute and prosecute litigatj
compel their compliance with said conditions or seek damages for their violatiol
vested rights are gained by Developer or a successor in interest by the City’s appro
this Specific Plan Amendment.
29. Prior to issuance of building permits, the applicant shall obtain a City right-oj
permit to perform the following:
a. Install a sidewalk underdrain on Paseo Del Norte, as shown on the site p
b. Construct a pedestrian ramp on the southwest corner of Paseo Del Nortr
Camino Del Parque.
c. Install the driveway aprons on Paseo Del Norte and on Camino Del Parq
d. Relocate the fire hydrant on Paseo Del Norte from its existing location i
sidewalk to 18” behind the sidewalk.
Fire:
30, Prior to the issuance of building permits, complete building plans shall be approve
the Fire Department.
3 1. Additional onsite public water mains and fire hydrants are required.
32. 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.
~ PC RES0 NO. 4184 -7-
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I plan should include offsite fire hydrants within 200 feet of the project.
33. Applicant shall submit a site plan depicting emergency access routes, drivewaj
traffic circulation for Fire Department approval.
34. An all weather, unobstructed access road suitable for emergency service vehicles sh
provided and maintained during construction. When in the opinion of the Fire Chic
access road has become unserviceable due to inclement weather or other reasons, he
in the interest of public safety, require that construction operations cease unt
condition is corrected.
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35. All required water mains, fire hydrants and appurtenances shall be operational 1
combustible building materials are located on the construction site.
36. Prior to final inspection, all security gate systems controlling vehicular access sh:
equipped with a “Knox”, key operated emergency entry device. Applicant shall c(
the Fire Prevention Bureau for specifications and approvals prior to installation.
37. Prior to building occupancy, private roads and driveways which serve as required a
for emergency service vehicles shall be posted as fire lanes in accordance wit
requirements of section 17.04.020 of the Carlsbad Municipal Code.
38. Native vegetation which presents a fire hazard to structures shall be modified or rem
in accordance with the specifications contained in the City of Carlsbad Land:
Guidelines Manual. Applicant shall submit a Fire Suppression plan to the
Department for approval.
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39. 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.
40. An approved automatic fire sprinkler system shall be installed in buildings havin
aggregate floor area exceeding 10,000 square feet.
41. A monument sign shall be installed at the entrance to the driveway or private s
indicating the addresses of the buildings onsite.
Water:
42. The entire potable water system, reclaimed water system and sewer system shal
evaluated in detail to insure that adequate capacity, pressure and flow demands ca
met. I
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43. The developer shall be responsible for all fees, deposits and charges which m
collected before and/or at the time of issuance of a building permit. The San
County Water Authority capacity charge will be collected at issuance of applicatic
meter installation.
44. 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 fiom appro
parties.
b. Prepare a colored reclaimed water use area map and submit to the Pla~
Department for processing and approval.
c. Prior to the preparation of sewer, water and reclaimed water improvement pli
meeting must be schedules with the District Engineer for review, commen
approval of the preliminary system layouts and usages (i.e., GPM-EDU).
45. This project is approved upon the expressed condition that building permits will n
issued for development of the subject property unless the water district servini
development determines that adequate water service and sewer facilities are availal
the time of application for such water service and sewer permits will continue 1
available until time of occupancy. This note shall be placed on the final map.
46. All landscape and irrigation improvement plans shall be submitted to Larry Black :
City of Carlsbad, Planning Department, 2075 Las Palmas Drive, Carlsbad, Calif
92009.
Code Reminders:
47. This approval shall become null and void if building permits are not issued for
project within 18 months from the date of project approval.
48. Approval of this request shall not excuse compliance with all applicable sections oj
Zoning Ordinance and all other applicable City ordinances in effect at time of buil
permit issuance, except as otherwise specifically provided herein.
49. The project shall comply with the latest non-residential disabled access requirerr
pursuant to Title 24 of the State Building Code.
~ 50. All roof appurtenances, including air conditioners, shall be architecturally integrated
concealed from view and the sound buffered from adjacent properties and street:
Directors of Community Development and Planning.
substance as provided in Building Department Policy No. 80-6, to the satisfaction ol
PC RES0 NO. 4184 -9-
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5 1. Compact parking spaces shall be located in large groups, and in locations clearly m
to the satisfaction of the Planning Director.
52. The developer shall exercise special care during the construction phase of this projc
prevent offsite 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 PIX
Commission of the City of Carlsbad, California, held on the 15th day of October 1997, b
following vote, to wit:
AYES: Chairperson Nielsen, Commissioner Compas, Heineman
Noble
NOES: None
ABSENT: Commissioner Monroy, Savary and Welshons
ABSTAIN: None
*%
:* ROBERT NIELSEN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
1 MICHAEL J. HOLZM~~ER
Planning Director
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PC RES0 NO. 4184 -1 0-