HomeMy WebLinkAbout1997-11-19; Planning Commission; Resolution 41990 0
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PLANNING COMMISSION RESOLUTION NO. 4199
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
SQUARE FOOT BUILDING CONTAINING SPACE FOR
OFFICE, RESEARCH AND DEVELOPMENT,
MANUFACTURING AND WAREHOUSE USES ON 5.09
ACRES GENERALLY LOCATED ON THE EAST SIDE OF
ARMADA DRIVE NORTH OF PALOMAR AIRPORT ROAD
WITHIN PLANNING AREA 2 OF THE CARLSBAD RANCH
SPECIFIC PLAN IN THE COASTAL ZONE AND LOCAL
FACILITIES MANAGEMENT ZONE 13
DEVELOPMENT PLAN NO. SDP 97-13 FOR AN 82,000
CASE NAME: NATURAL ALTERNATIVES INTERNA-
TIONAL HEADQUARTERS
CASE NO.: SDP 97- 13
WHEREAS, KOLL Real Estate Group, a Delaware corporation, “De
has filed a verified application with the City of Carlsbad regarding property ownel
Carltas Company, a California Corporation, “Owner”, described as
Lot 6 and 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 Dew
Permit as shown on Exhibit(s) “A” - “F” dated November 19, 1997, on file in the
Department, SDP 97-13 as provided by Chapter 21.06 of the Carlsbad Municipal Code; :
WHEREAS, the Planning Commission did, on the 19th day of Novemb
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 tt
and arguments, if any, of all persons desiring to be heard, said Commission considered a
relating to the Site Development Plan.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the I
Commission APPROVES Site Development Permit, SDP 97-13 basec
following findings and subject to the following conditions:
Findings:
1. That the requested use is properly related to the site, surroundings and envirc
settings, is consistent with the various elements and objectives of the General F
not be detrimental to existing uses or to uses specifically permitted in the area
the proposed use is to be located, and will not adversely impact the site, surrow
traffic circulation, in that the project design complies with the requiremenr
Carlsbad Ranch Specific Plan and all other requirements applicable to the I
as all required building and landscape setbacks which have been incorpor;
the site design. The Carlsbad Ranch Specific Plan was found to be in COI
with the General Plan and contains a detailed description of the plans COI
with the General Plan in Section I. H.
2. That the site for the intended use is adequate in size and shape to accommodate th
that all applicable code requirements have been met. Required parking is p
onsite. Building coverage is proposed at 20.3 percent and the deve
standards of the Carlsbad Ranch Specific Plan allow for up to 50 percent 1
coverage if all parking is provided at grade. Approximately 10 percenl
parking area will be landscaped while only 3 percent is required and a to1
percent of the site will be landscaped.
3. That all yards, setbacks, walls, fences, landscaping, and other features necessary
the requested use to existing or permitted future uses in the neighborhood
provided and maintained, in that berming, landscaping, a screen wall and the ’
placement are proposed to screen the loading area. Berming and landsca]
also proposed to screen the parking areas except where it would conflict w
distance requirements. Adequate vehicle circulation has been prov
accommodate vehicle, and truck, turning movements on site. Access to the
be provided by a shared driveway onto Armada Drive and two private dr
onto Fleet Street. Pedestrian connections to the overall pedestrian circulatio1
of the Carlsbad Ranch have been provided.
4. That the street systems serving the proposed use is adequate to properly handle E
generated by the proposed use, in that the proposed use is consistent with
analyzed in the circulation analysis prepared for Program EIR 94-01
Carlsbad Ranch Specific Plan. With required street improvements the
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specific impacts can be mitigated to a level less than significant. Ov
considerations were previously adopted for the cumulative impact to 1-5 and
5. The Planning Commission finds that the Planning Director has determined t€
a. there was an EIR certified in connection with the prior Speci:
Amendment (SP 207(A)) and related actions;
b. the project has no new significant environmental effect not analyzed as si
in the prior EIR ; and
c. none of the circumstances requiring Subsequent or a Supplemental E.
CEQA Guidelines Sections 15 162 or 15 163 exist;
6. The Planning Commission finds that all feasible mitigation measures 01
alternatives identified in EIR 94-01 which are appropriate to this Subsequen
have been incorporated into this Subsequent Project.
7. The project is consistent with the City-Wide Facilities and Improvements 1
applicable local facilities management plan and all City public facility poli
ordinances since:
a. The project has been conditioned to ensure the building permits will not 1
for the project unless the District Engineer determines that sewer SI
available, and building cannot occur within the project unless sewel
remains available, and the District Engineer is satisfied that the require:
the Public Facilities Element of the General Plan have been met insofx
apply to sewer service for this project.
b. Statutory School fees will be paid to ensure the availability of school fa(
the Carlsbad Unified School District,
c. All necessary public improvements have been provided or are req
conditions of approval.
d. The Developer has agreed and is required by the inclusion of an apl
condition to pay a public facilities fee. Performance of that contract and
of the fee will enable this body to find that public facilities will be :
concurrent with need as required by the General Plan.
8. The project has been conditioned to pay any increase in public facility fee,
construction tax, or development fees, and has agreed to abide by any ac
requirements established by a Local Facilities Management Plan prepared pm
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued avail:
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 p:
Local Facilities Management Plan for Zone 13.
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10. The project is consistent with the Comprehensive Land Use Plan (CLUP)
McClellan-Palomar Airport, dated April 1994, in that, as conditioned the a
shall record a notice that the property is subject to overflight, sight and !
aircraft operating from McClellan-Palomar Airport. The project is compat
the projected noise levels of the CLUP; and, based on the noise/land use com
matrix of the CLUP, the proposed land use is compatible with the airport, in
project site falls outside the 60 CNEL noise contours and the proposed land
compatible use at these noise levels .
11. A growth management park fee of 40 cents per square foot of non-re;
development will be collected at the time of building permit issuance. This
be used to construct recreational facilities to offset the demand created by en
within Zone 13.
12. The Planning Commission has reviewed each of the exactions imposed on the 0
contained in this resolution, and hereby finds, in this case, that the exactions are
to mitigate impacts cause by or reasonably related to the project, and the exten
degree of the exaction is in rough proportionality to the impact caused by the pro-
13. That the project is consistent with the City’s Landscape Manual, adopted by CiQ
Resolution No. 90-384.
14. The project complies with the development standards and design guidelint
Carlsbad Ranch Specific Plan (SP 207(A)).
Conditions:
Planning:
1. The Planning Commission does hereby APPROVE (of) the Site Development
the project entitled “SDP 97-13” (Exhibit(s) “A” - “F” dated November 19, :
file in the Planning Department and incorporated by this reference, subjec
conditions herein set forth. Staff is authorized and directed to make, or require D
to make, all corrections and modifications to the Site Development Plan documt
necessary, to make them internally consistent and in conformity with final actio
project. Development shall occur substantially as shown in the approved Exhib
proposed development substantially different from this approval, shall rec
amendment to this approval.
2. The Developer shall comply with all applicable provisions of federal, state, a
ordinances in effect at the time of building permit issuance.
3. The Developer/Operator shall and does hereby agree to indemnify, protect, del
hold harmless the City of Carlsbad, its Council members, officers, employees, agc
representatives, from and against any and all liabilities, losses, damages, demand:
and costs, including court costs and attorney’s fees incurred by the City arising,
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or indirectly, from (a) City's approval and issuance of this Site Development
City's approval or issuance of any permit or action, whether discretionary
discretionary, in connection with the use contemplated herein,
Developer/Operator's installation and operation of the facility permitted
including without limitation, any and all liabilities arising from the emissio
facility of electromagnetic fields or other energy waves or emissions.
4. The Developer shall provide the City with a reproducible 24" x 36", mylar COI
Site Plan as approved by the final decision making body. The Site Plan shall rt
conditions of approval by the City. The Plan copy shall be submitted to
Engineer and approved prior to building, grading, final map, or improvem
submittal, whichever occurs first.
5. The Developer shall include, as part of the plans submitted for any permit plan
reduced legible version of the approving resolutions on a 24" x 36" blueline
Said blueline drawing(s) shall also include a copy of any applicable Coastal Devl
Permit and signed approved site plan.
6. Building permits will not be issued for development of the subject property ul
District Engineer determines that sewer facilities are available at the time of ap
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
1987, (amended July 2, 1991) and as amended from time to time, and any dew
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad h
Code or other ordinance adopted to implement a growth management system or 1
and Improvement Plan and to fulfill the subdivider's agreement to pay th
facilities fee dated July 17, 1997, a copy of which is on file with the City Cle:
incorporated by this reference. If the fees are not paid, this application wil
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
conditions of overcrowding as part of the building permit application. The an
these fees shall be determined by the fee schedule in effect at the time of buildin
application.
9. This project shall comply with all conditions and mitigation measures which are
as part of the Zone 13 Local Facilities Management Plan and any amendments
that Plan prior to the issuance of building permits, including, but not limite
following:
a. A growth management park fee of 40 cents per square foot of non-res
development will be collected at the time of building permit issuanc
fee will be used to construct recreational facilities to offset the I
created by employees within Zone 13.
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18. Approval of SDP 97-13 is granted subject to the approval of CDP 97-28. SDP
subject to all conditions contained in the Planning Commission Resolution for
28.
1 1. Prior to the issuance of the Building Permit, Developer shall submit to the City
of Restriction to be filed in the office of the County Recorder, subject to the sa
of the Planning Director, notifying all interested parties and successors in intere:
City of Carlsbad has issued a Site Development Plan and Coastal Developmen
by Resolutions No. 4199 and 4200 on the real property owned by the Develol
Notice of Restriction shall note the property description, location of the file c(
complete project details and all conditions of approval as well as any cond
restrictions specified for inclusion in the Notice of Restriction. The Planning Dir
the authority to execute and record an amendment to the notice which mo
terminates said notice upon a showing of good cause by the Developer or sucl
interest.
12. Trash receptacle areas shall be enclosed by a six-foot high masonry wall w
pursuant to City standards. Location of said receptacles shall be approve(
Planning Director prior to building permit issuance. Enclosure shall be show
building plans to be of similar colors and/or materials to the project to the satisi
the Planning Director prior to building permit issuance.
B 3. An exterior lighting plan including parking areas shall be submitted for Planning
approval prior to building permit issuance. All lighting shall be designed t
downward and avoid any impacts on adjacent homes or property. The maximu1
of all light fixtures shall not exceed 30 feet.
14. No outdoor storage of materials shall occur onsite unless required by the Fire C
such instance a storage plan will be submitted for approval by the Fire Chief
Planning Director.
15. The Developer shall prepare a detailed landscape and irrigation plan in conforma
the approved Preliminary Landscape Plan and the City’s Landscape Manual. 1
shall be submitted to and approval obtained from the Planning Director pric
approval of the final map, grading permit, or building permit, whichever occurs f
Developer shall construct and install all landscaping as shown on the approved p
maintain all landscaping in a healthy and thriving condition, free from weeds, tL
debris.
16. The first submittal of detailed landscape and irrigation plans shall be accompanie
project’s building, improvement, and grading plans.
17. Building identification and/or addresses shall be placed on all new and existing I
so as to be plainly visible from the street or access road; color of identificatio
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
that this property is subject to overflight, sight and sound of aircraft operat
McClellan-Palomar Airport, in a form meeting the approval of the Planning Dirt
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 ir
(linkage fee) consistent with Program 4.1 of the Housing Element. The apl
further aware that the City may determine that certain non-residential projects I
to pay a linkage fee, in order to be found consistent with the Housing Eleme
General Plan. If a linkage fee is established by City Council ordinance and/or r(
and this project becomes subject to a linkage fee pursuant to said ordinanc
resolution, then the Developer, or hishedtheir successor(s) in interest shall
linkage fee. The linkage fee shall be paid at the time of issuance of building
except for projects involving a request for a non-residential planned developme
existing development, in which case, the fee shall be paid on approval of the fi
parcel map or certificate of compliance, required to process the non-resident:
whichever pertains. If linkage fees are required for this project, and they are not 1
project will not be consistent with the General Plan and approval for this prc
become null and void.
20. Prior to building permit issuance the Developer shall submit a soli
management plan for review and approval by the Planning Director. The p
provide the following:
a. The approximate location, type and number of containers to be
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 facj
equipment (balers, compactors).
d. A description of the types of recycling services to be provid
contractual relationships with vendors to provide these services.
e. The estimated quantity of waste generated and estimated quan
recyclable materials.
This plan shall also evaluate the feasibility of the following d
programs/measures:
9 Source separated green waste collection.
ii) Cardboard recycling.
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iii) Programs which provide for the separation of wet (disposa
dry (recoverable) materials.
iv) Where feasible, providing compactors for non-recyclables t'
the number of trips to disposal facilities.
21. Prior to occupancy the developer shall submit a final security plan for re\
approval of the Carlsbad Police Department. The plan shall include infc
about internal security programs, security systems and devices and a1
information required by the Police Department.
22. Prior to building permit issuance the developer shall submit evidence that
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
to reduce the number of vehicle trips generated by the project du
morning and evening peak hour commute.
c. Develop a trip reduction plan to achieve 1.5 AVR (Average vehicle ric
Engineering:
23. Prior to hauling dirt or construction materials to or from any proposed construc
within this project, the developer shall submit to and receive approval from
Engineer for the proposed haul route. The developer shall comply with all condit
requirements the City Engineer may impose with regards to the hauling operation
24. The developer shall provide for sight distance corridors at all project drive
accordance with Engineering Standards and shall record the following statemer
mylar Site Development Plan:
"No structure, fence, wall, tree, shrub, sign, or other object over 30 inche:
above the street level may be placed or permitted to encroach within the are;
identified as a sight distance corridor in accordance with City Standards. Thc
underlying property owner shall maintain this condition."
25. Prior to issuance of a building permit for any buildable lot within the subdivi:
property owner shall pay a one-time special development tax in accordance u
Council Resolution No. 91-39.
26. The developer shall pay all current fees and deposits required.
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27. The drainage system shall be designed to ensure that runoff resulting from
frequency storms of 6 hours and 24 hours duration under developed conditions,
to or less than the runoff from a storm of the same frequency and duration undel
developed conditions. Both 6 hour and 24 hour storm duration’s shall be an;
determine the detention basin capacities necessary to accomplish the desired resu
28. The developer shall comply with the City’s requirements of the National
Discharge Elimination System (NPDES) permit. The developer shall pro\
management practices as referenced in the “California Storm Water Best Mar
Practices Handbook” to reduce surface pollutants to an acceptable level prior to (
to sensitive areas. Plans for such improvements shall be approved by the City I
and shall include a filtering system to be installed at storm drain inletshnverts :
on the Site Development Plan.
29. The structural section for the access aisles must be designed with a traffic index
accordance with City Standards due to truck access through the parking area and
with an ADT greater than 500. The structural pavement design of the aisle way:
submitted together with required R-value soil test information and approved by
as part of the building site plan review.
30. The existing water easement as shown on the site plan shall be quit claimed.
Water:
3 1. The entire potable water system, reclaimed water system and sewer system
evaluated in detail to insure that adequate capacity, pressure and flow demand
met.
32. The Developer shall be responsible for all fees, deposits and charges which
collected before and/or at the time of issuance of the building permit. The Sa
County Water Authority capacity charge will be collected at issuance of applicr
meter installation.
33. Sequentially, the Developer’s Engineer shall do the following:
a. Meet with the City Fire Marshal and establish the fire protection requi
Also obtain GPM demand for domestic and irrigational needs from apI
parties.
b. Prepare a colored reclaimed water use area map and submit to the I
Department for processing and approval.
c. Prior to the preparation of sewer, water and reclaimed water improvement
meeting must be scheduled with the District Engineer for review, comn
approval of the preliminary system layouts and usages (i.e., GPM - EDU).
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1 34. This project is approved upon the expressed condition that building permits w
the time of application for such water service and sewer permits will contir
issued for development of the subject property unless the water district sei
available until time of occupancy. This note shall be place of the final map.
2 development determines that adequate water service and sewer facilities are av
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Fire:
35. Prior to the issuance of building permits, complete building plans shall be app
the Fire Department.
36. Additional on-site public water mains and fire hydrants are required.
37. Applicant shall submit a site plan to the Fire Department for approval, whic;
location of required, proposed and existing public water mains and fire hydra
plan should include off-site fire hydrants within 200 feet of the project.
38. Applicant shall submit a site plan depicting emergency access routes, drivet
traffic circulation for Fire Department approval.
39. An all weather, unobstructed access road suitable for emergency service vehicle::
provided and maintained during construction. When in the opinion of the Fire C
access road has become unserviceable due to inclement weather or other reasons,
in the interest of public safety, require that construction operations cease
condition is corrected.
40. All required water mains, fire hydrants and appurtenances shall be operation;
. combustible building materials are located on the construction site.
41. Plans and/or specifications for fire alarm systems, fire hydrants, automatic fire I
systems and other fire protection systems shall be submitted to the Fire Depart
approval prior to construction.
General:
42. If any of the foregoing conditions fail to occur; or if they are, by their tern
implemented and maintained over time; if any of such conditions fail tc
implemented and maintained according to their terms, the City shall have the
revoke or modify all approvals herein granted; deny or further condition issuan
future building permits; deny, revoke or further condition all certificates of oc
issued under the authority of approvals herein granted; institute and prosecute litil
compel their compliance with said conditions or seek damages for their violatj
vested rights are gained by Developer or a successor in interest by the City’s apy
this Site Development Plan.
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Standard Code Reminders:
43. The Developer shall pay a landscape plan check and inspection fee as required b
20.08.050 of the Carlsbad Municipal Code.
44. This approval shall become null and void if building permits are not issuec
project within two (2) years from the date of project approval.
45. Approval of this request shall not excuse compliance with all applicable sectio
Zoning Ordinance and all other applicable City ordinances in effect at time of
permit issuance, except as otherwise specifically provided herein.
46. The project shall comply with the latest non-residential disabled access reql
pursuant to Title 24 of the State Building Code.
47. All roof appurtenances, including air conditioners, shall be architecturally integ
concealed from view and the sound buffered from adjacent properties and I
substance as provided in Building Department Policy No. 80-6, to the satisfacti
Directors of Community Development and Planning.
48. Compact parking spaces shall be located in large groups, and in locations clear11
to the satisfaction of the Planning Director.
49. All landscape and irrigation plans shall be prepared to conform with the L
Manual and submitted per the landscape plan check procedures on file in the
Department.
50. Any signs proposed for this development shall at a minimum be designed in con:
with the City’s Sign Ordinance and the Carlsbad Ranch Specific Plan and shal
review and approval of the Planning Director prior to installation of such signs,
51. The developer shall exercise special care during the construction phase of this p
prevent off-site siltation. Planting and erosion control shall be provided in act
with the Carlsbad Municipal Code and the City Engineer.
52. Prior to building occupancy, private roads and driveways which serve as requirt
for emergency service vehicles shall be posted as fire lanes in accordance
requirements of Section 17.04.020 of the Carlsbad Municipal Code.
53. Developer shall install a fire department approved automatic sprinkler sy
buildings having an aggregate floor area exceeding 10,000 square feet.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 19th day of November 195
following vote, to wit:
AYES: Chairperson Nielsen, Commissioners Compas, Heineman,
Monroy, Noble, Savary, and Welshons
NOES: None
ABSENT: None
ABSTAIN: None
,’.
fl-
ROBERT NIELSEN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HO%MILI%R
Planning Director
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