HomeMy WebLinkAbout1997-12-17; Planning Commission; Resolution 4205J
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PLANNING COMMISSION RESOLUTION NO. 4205
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIAy APPROVING (OF) SITE
BUILDING 444000 SQUARE FOOT PROJECT ON PROPERTY
GENERALLY LOCATED EAST OF EL CAMINO REAL
BETWEEN FWAY AVENUE AND THE CARLSBAD
MUNICIPAL WATER DISTRICT OFFICES IN LOCAL
FACILITIES MANAGEMENT ZONE 5
CASE NAME: CARLSBAD COMMERCE PARK
CASE NO.: SDP 97-08
WHEREAS, Franklin Croft LLC, “Developer”, has filed a verified ap
with the City of Carlsbad regarding property owned by Beckman Instruments, Inc., “
described as
DEVELOPMENT PLAN NO. SDP 97-08 TO ALLOW A FIVE
Parcel 2 of Parcel Map No. 13958, in the City of Carlsbad ,
County of San Diego, State of CA, as filed in the office of the
County Recorder of San Diego County, September 18,1985 as
file no. 85-344096
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Devc
Plan as shown on Exhibit(s) “A” - “L” dated December 3, 1997, on file in the
Department, Carlsbad Commerce Park SDP 97-08 as provided by Chapter 21.0
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 3rd day of Decemb
and on the 17th day of December 1997 hold a duly noticed public hearing as prescribe
to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all tc
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 F
Commission APPROVES (of) Site Development Plan, SDP 97-08 base(
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 I
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, surrou~
traffic circulation, in that the project is compatible with surrounding deve
through its similarity with surrounding development, the land use is consisf
the General Plan, and the projected traffic is within that analyzed by tht
Environmental Impact Report for the General Plan.
2. That the site for the intended use is adequate in size and shape to accommodate tl
that all required setback and development standards have been met.
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 the site development plan is adopted by c
which requires that all development takes place consistent with what 1.
proposed. What is proposed is an industrial campus development with t
landscaped setbacks that is compatible with surrounding development.
4. That the street systems serving the proposed use is adequate to properly handle
generated by the proposed use, in that a traffic study supporting the adequac
adjacent arterial streets was reviewed by staff and summarized for the I
Commission as part of this project. The traffic generated by this propos
than projected by the General Plan Master Environmental Impact Reporl
area.
5. The project has been conditioned to ensure the building permits will not be issuc
project unless the District Engineer determines that sewer service is avail:
building cannot occur within the project unless sewer service remains available
District Engineer is satisfied that the requirements of the Public Facilities Elemc
General Plan have been met insofar as they apply to sewer service for this projec
a. Statutory School fees will be paid to ensure the availability of school fa
the Carlsbad Unified School District.
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b. Park-in-lieu fees are required as a condition of approval.
c. All necessary public improvements have been provided or are rec
conditions of approval.
6. The Developer has agreed and is required by the inclusion of an appropriate cor
pay a public facilities fee. Performance of that contract and payment of the
enable this body to find that public facilities will be available concurrent wit1
required by the General Plan.
7. 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 a
requirements established by a Local Facilities Management Plan prepared pu
Chapter 2 1.90 of the Carlsbad Municipal Code. This will ensure continued avail;
public facilities and will mitigate any cumulative impacts created by the project.
8. This project has been conditioned to comply with any requirement approved as p
Local Facilities Management Plan for Zone 5. (Please see Condition 8.)
9. That the project is consistent with the City’s Landscape Manual, adopted by CiQ
Resolution No. 90-384.
10. The Planning Commission has reviewed each of the exactions imposed on the C
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 extenl
degree of the exaction is in rough proportionality to the impact caused by the proj
Conditions:
1. The Planning Commission does hereby APPROVE (of) the Site Development
the project entitled “Carlsbad Commerce Park (Exhibit(s) “A” - “L” dated D
3,1997, on file in the Planning Department and incorporated by this reference, s
the conditions herein set forth.) Staff is authorized and directed to make, o
Developer to make, all corrections and modifications to the Site Developm
document(s), as necessary, to make them internally consistent and in confom
final action on the project. Development shall occur substantially as show
approved Exhibits. Any proposed development substantially different from this 1
shall require an 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, de:
hold harmless the City of Carlsbad, its Council members, officers, employees, ag
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.
or indirectly, from, (a) City’s approval or issuance of any permit or action,
discretionary or non-discretionary, in connection with the use contemplated he:
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(b) Developer/Operator’s installation and operation of the facility perrnittec
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 co:
Site Plan as approved by the final decision making body. The Site Plan shall r
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 (resolution(s)) on a 24” x 36” blueline
Said blueline drawing(s) shall also include a copy of the signed approved site pla
6. Building permits will not be issued for development of the subject property u
District Engineer determines that sewer facilities are available at the time of ag
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 devc
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 :
and Improvement Plan and to fulfill the subdivider’s agreement to pay th
facilities fee dated May 5, 1997, a copy of which is on file with the City Clel
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. This project shall comply with all conditions and mitigation measures which are
as part of the Zone 5 Local Facilities Management Plan and any amendments
that Plan prior to the issuance of building permits, including, but not limite
following:
a. Payment of a $.4O/square foot park fee.
9. 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. Enclosure shall be of similar colors andor materials to the g
the satisfaction of the Planning Director.
10. An exterior lighting plan including parking areas shall be submitted for Planning
approval. All lighting shall be designed to reflect downward and avoid any in,
adjacent homes or property.
1 1. 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.
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12. Approval of SDP 97-08 is granted subject to the approval of SUP 97-85. SDP
subject to all conditions contained in the Planning Commission Resolutiol
Special Use Permit.
13. The Developer shall prepare a detailed landscape and irrigation plan in conform2
the approved Preliminary Landscape Plan and the City’s Landscape Manual. 1
shall be submitted to and approval obtained from the Planning Director pril
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.
14. The Developer shall submit and obtain Planning Director approval of a unif;
program for this development prior to occupancy of any building.
15. Building identification and/or addresses shall be placed on all new and, existing .
so as to be plainly visible from the street or access road; color of identificatic
addresses shall contrast to their background color.
16. Paleontology:
a. Prior to any grading of the project site, a paleontologist shall be rei
perform a walkover survey of the site and to review the grading
determine if the proposed grading will impact fossil resources. A coy
paleontologist’s report shall be provided to the Planning Director prior to
of a grading permit;
b. A qualified paleontologist shall be retained to perform periodic inspectio
site and to salvage exposed fossils. Due to the small nature of some of tl
present in the geologic strata, it may be necessary to collect matrix san
laboratory processing through fine screens. The paleontologist sha
periodic reports to the Planning Director during the grading process;
c. The paleontologist shall be allowed to divert or direct grading in the ar
exposed fossil in order to facilitate evaluation and, if necessary, salvage su
d. All fossils collected shall be donated to a public, non-profit institutiol
research interest in the materials, such as the San Diego Natural History 1L
17. The Developer is aware that the City is preparing a non-residential housing in
(linkage fee) consistent with Program 4.1 of the Housing Element. The apy
further aware that the City may determine that certain non-residential projects n
to pay a linkage fee, in order to be found consistent with the Housing ElemeI
General Plan. If a linkage fee is established by City Council ordinance andor rc
and this project becomes subject to a linkage fee pursuant to said ordinancl
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 developme1
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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
project will not be consistent with the General Plan and approval for this prc
become null and void.
18. Compact parking spaces shall be located in large groups, and in locations clear12
to the satisfaction of the Planning Director.
19. The owner shall record a deed restriction on the property prior to the issl
building permits indicating that manufacturing and warehouse standards hr
used in the determination of adequacy of parking, these uses will be retail
no other uses or combination of uses creating a need for additional parkin
permitted unless more parking is provided to meet City standards on a cu
basis.
20. No residential or retail uses shall be allowed except the following: retail use!
to the sales of goods and services required for the convenience of the occu
the zone.
21. Full landscape improvements to the El Camino Real frontage shall occur
occupancy of any phase of the site development plan.
Engineering
22. 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
23. 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 v
Council Resolution No. 9 1-39.
24. The developer shall pay all current fees and deposits required.
25. The owner of the subject property shall execute an agreement holding the City 1.
regarding drainage across the adjacent property.
26. Based upon a review of the proposed grading and the grading quantities shown or
plan, a grading permit for this project appears to be required. The developer mus
and receive approval for grading plans in accordance with City codes and standa
to issuance of a building permit for the project.
27. Prior to the issuance of a grading permit or building permit, whichever occurs j
developer shall submit proof that a Notice of Intention has been submitted to t
Water Resources Control Board.
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28. No grading for private improvements shall occur outside the limits of the project
grading or slope easement or agreement is obtained from the owners of the
properties and recorded. If the developer is unable to obtain the grading
easement, or agreement, no grading permit will be issued. In that case the develc
either amend the site plan or modify the plans so grading will not occur ou
project site in a manner which substantially conforms to the approved site
determined by the City Engineer and Planning Director.
29. Additional drainage easements may be required. Drainage structures shall be prc
installed prior to or concurrent with any grading or building permit as may be rec
the City Engineer.
30. The owner shall make an offer of dedication to the City for all public str
easements required by these conditions or shown on the site plan. The offer
made prior to issuance of any building permit for this project. All land so offerec
granted to the City free and clear of all liens and encumbrances and without cc
City. Streets that are already public are not required to be rededicated.
3 1. Prior to issuance of building permits, an additional 12 feet of right of way e
project's El Camino Real fiontage shall be dedicated by the owner for the .
deceleration lane. The length of the additional right of way shall be based on
standards and to the satisfaction of the City Engineer.
32. The developer shall comply with the City's requirements of the National J
Discharge Elimination System (NPDES) permit. The developer shall prow
management practices as referenced in the "California Storm Water Best Man
Practices Handbook" to reduce surface pollutants to an acceptable level prior to d
to sensitive areas. Plans for such improvements shall be approved by the City E
Said plans shall include but not be limited to notifying prospective owners and tt
the following:
a. All owners and tenants shall coordinate efforts to establish or w(
established disposal programs to remove and properly dispose of tc
hazardous waste products.
b. Toxic chemicals or hydrocarbon compounds such as gasoline, mc
antifreeze, solvents, paints, paint thinners, wood preservatives, and ot
fluids shall not be discharged into any street, public or private, or into sto.
or storm water conveyance systems. Use and disposal of pesticides, fix
herbicides, insecticides, fertilizers and other such chemical treatments sh
Federal, State, County and City requirements as prescribed in their re
containers.
c. Best Management Practices shall be used to eliminate or reduce surface p
when planning any changes to the landscaping and surface improvements.
33. Plans, specifications, and supporting documents for all public improvements
prepared to the satisfaction of the City Engineer. In accordance with City Stand
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developer shall install, or agree to install and secure with appropriate security as
by law, improvements shown on the site plan and the following improvements:
a. A deceleration lane along the El Camino Real frontage including sig~
striping plans.
b. Plans only for signing and striping of the left turn pocket on Farad.
project entrance.
c. Traffic control plans for public improvements and striping.
d. Offsite storm drain improvements under the existing access easeme
the southeast boundary of the project as shown on the site plan.
e. On site public storm drain.
34. 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.
35. Drainage outfall end treatments for any drainage outlets where a direct access
maintenance purposes is not provided, shall be designed and incorporated
gradinghmprovement plans for the project. These end treatments shall be desigr
to prevent vegetation growth fiom obstructing the pipe outfall. Designs could COI
modified outlet headwall consisting of an extended concrete spillway sect;
longitudinal curbing andor radially designed rip-rap, or other means deemed apy
as a method of preventing vegetation growth directly in front of the pipe outlt
satisfaction of the Community Services Director and the City Engineer.
36. The developer shall exercise special care during the construction phase of this I
prevent offsite siltation. Planting and erosion control shall be provided in ac
with the Carlsbad Municipal Code and the City Engineer.
37. Some improvements, shown on the site plan and/or required by these condi
located offsite on property which neither the City nor the owner has sufficier
interest to permit the improvements to be made without acquisition of title or
The developer shall conform to Section 20.16.095 of the Carlsbad Municipal Cod
38. Prior to issuance of a building permit, the applicant shall submit written permiss
San Diego Gas and Electric for the proposed encroachments into the existing east
39, Prior to issuance of a building permit, the applicant shall submit written permissj
or a recorded easement fiom the County of San Diego for the proposed storm dra
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40. The developer shall provide for sight distance corridors at all project drivc
accordance with Engineering Standards and shall record the following stateme:
mylar Site Development Plan:
“No structure, fence, wall, tree, shrub, sign, or other object over 30 inches a
street level may be placed or permitted to encroach within the area identified 2
distance corridor in accordance with City Standards. The underlying proper
shall maintain this condition.”
Pire
41. Prior to the issuance of building permits complete building plans shall be approv
Fire Department.
42. Additional onsite public water mains and fire hydrants are required.
43. Applicant shall submit a site plan to the Fire Department for approval, whicl:
location of required, proposed and existing public water mains and fire hydra
plan should include offsite fire hydrants within 200 feet of the project.
44. Applicant shall submit a site plan depicting emergency access routes, drivev
traffic circulation for Fire Department approval.
45, An all weather, unobstructed access road suitable for emergency service vehicles
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.
46. All required water mains, fire hydrants, and appurtenances shall be operation;
combustible building materials are located on the construction site.
47. Prior to final inspections, all security gate systems controlling vehicular access
equipped with a “Knox” key operated emergency entry device. Applicant shal
the Fire Prevention Bureau for specifications and approval prior to installation.
48. Prior to building occupancy, private roads and driveways which serve as require
for emergency service vehicles shall be posted as fire lanes in accordance
requirements of Section 17.04.020 of the Carlsbad Municipal Code.
49. Plans and/or specifications for fire alarm systems, fire hydrants, automatic fire
systems and other fire protection systems shall be submitted to the Fire Depart
approval prior to construction.
50. An approved automatic fire sprinkler system shall be installed in buildings h
aggregate floor area exceeding 10,000 square feet.
~ Water
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51. The entire potable water system, reclaimed water system, and sewer system
evaluated in detail to insure that adequate capacity, pressure and flow demanc
met.
52. The developer shall be responsible for all fees, deposits and charges whick
collected before and/or at the time of issuance of the building permit. The S:
County Water Authority capacity charge will be collected at issuance of applic
meter installation.
53. Sequentially, the Developer’s Engineer shall do the following;
a. Meet with the City Fire Marshal and establish the fire protection requj
Also obtain GPM demand for domestic and irrigational needs from ap
parties.
b. Prepare a colored reclaimed water use area map and submit to the 1
Department for processing and approval.
c. Prior to the preparation of sewer, water, and reclaimed water improveme
a meeting must be scheduled with the District Engineer for review, corm
approval of the preliminary system layouts and usages (i.e.-GPM-EDU).
54. This project is approved upon the expressed condition that building permits wi
issued for development of the subject property unless the water district ser
development determines that adequate water service and sewer facilities are ava
the time of application for such water service and sewer permits will continl
available until time of occupancy.
55. If any of the foregoing conditions fail to occur; or if they are, by their term
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 litig
compel their compliance with said conditions or seek damages for their viola1
vested rights are gained by Developer or a successor in interest by the City’s app
this Site Development Plan
Standard Code Reminders
56. The Developer shall pay a landscape plan check and inspection fee as required by
20.08.050 of the Carlsbad Municipal Code.
57. This approval shall become null and void if building permits for Phase I are not is
this project within 18 months from the date of project approval.
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58. 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.
59. The project shall comply with the latest non-residential disabled access req1
pursuant to Title 24 of the State Building Code.
60. All roof appurtenances, including air conditions, shall be architecturally integr
concealed from view and the sound buffered from adjacent properties and s’
substance as provided in Building Department Policy No. 80-6, to the satisfactic
Directors of Community Development and Planning.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 17th day of December 199
following vote, to wit:
AYES: Chairperson Nielsen, Commissioner’s Compas, Heineman,
and Savary
NOES: Commissioner’s Monroy and Welshons
ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. MLZM~LER
Planning Director
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