HomeMy WebLinkAbout1998-03-04; Planning Commission; Resolution 42430 0
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PLANNING COMMISSION RESOLUTION NO. 4243
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF SITE DEVELOPMENT PLAN NO. SDP 97-12
FOR TWO THREE-STORY MULTI-TENANT OFFICE
BUILDINGS CONTAINING 62,000 SQUARE FEET EACH FOR
A TOTAL OF 124,000 SQUARE FEET ON 7.38 ACRES
GENERALLY LOCATED ON THE EAST SIDE OF FLEET
STREET 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
CASE NAME: CARLSBAD RANCH LOTS 11 & 14
CASE NO.: SDP 97-12
WHEREAS, Spieker Properties , “Developer”, has filed a verified ap
with the City of Carlsbad regarding property owned by Spieker Properties, “Owner”, d
as
Lots 11 and 14 of Carlsbad Tract No, 94-09, Carlsbad Ranch
Units 2 and 3, in the City of Carlsbad, County of San Diego,
State of California, according to Map thereof No. 13408, filed
in the Office of the County Recorder of San Diego County,
April 1,1997
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Deve
Plan as shown on Exhibit(s) “A” - “I” dated March 4, 1998, on file in the Planning Der
CARLSBAD RANCH LOTS 11 & 14 SDP 97-12 as provided by SP 207(A) and Chap1
of the Carlsbad Municipal Code; and
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WHEREAS, at said public hearing, upon hearing and considering all tc 25
a duly noticed public hearing as prescribed by law to consider said request; and 24
WHEREAS, the Planning Commission did, on the 4th day of March, 19’
and arguments, if any, of all persons desiring to be heard, said Commission considered a1
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relating to the Site Development Plan. 28
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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 RECOMMENDS APPROVAL of CARLSBAD RANCE
11 & 14 SDP 97-12 based on the following findings and subject to the fc
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 E
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, surrour
traffic circulation, in that the project design complies with the requiremenr
Carlsbad Ranch Specific Plan and all other requirements applicable to the !
as all required building and landscape setbacks which have been incorpor;
the site design. The Carlsbad Ranch Specific Plan was found to be in cor
with the General Plan and contains a detailed description of the plan’s cor
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 13.2 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 4.15 percen
parking area will be landscaped while only 3 percent is required.
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, and a screen I
proposed to screen the parking areas. Adequate vehicle circulation h
provided to accommodate vehicle, and truck turning movements on site. P
the site will be provided from Fleet Street. Pedestrian connections to the
pedestrian circulation system of the Carlsbad Ranch have been provided.
4. That the street system serving the proposed use is adequate to properly handle a
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
specific impacts can be mitigated to a level less than significant. Ovl
considerations were previously adopted for the cumulative impact to 1-5 and
5. The Planning Commission finds that the Planning Director has determined:
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a. there was an EIR certified in connection with the prior Speck
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 El
CEQA Guidelines Sections 15162 or 15163 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 insofa
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 ap
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 a
requirements established by a Local Facilities Management Plan prepared pu
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.
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
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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 partially inside the 60 CNEL noise contours and the propo
use is a compatible use at these noise levels .
1 1. 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. Thi!
be used to construct recreational facilities to offset the demand created by er
within Zone 13.
12. The Planning Commission has reviewed each of the exactions imposed on the D
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
13. That the project is consistent with the City’s Landscape Manual, adopted by City
Resolution No. 90-384.
14. The project complies with the development standards and design guidelinc
Carlsbad Ranch Specific Plan (SP 207(A)).
15. The following findings are made to permit the building height of the PI
exceed a height of 35 feet as provided for in the Carlsbad Ranch Specific Pla
a. The buildings do not contain more than three levels as shown on the
exhibits.
b. The required setbacks have been increased at a ratio of one horizor
for every one foot of vertical construction beyond thirty-five :
additional setback area will be maintained as landscaped open space.
c. The buildings conform to the requirements of Section 18.04.170
Carlsbad Municipal Code.
d. The allowed height protrusions as described in Section 21.46.02C
Carlsbad Municipal Code do not exceed 45 feet including archi
features as demonstrated on the project exhibits.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all COI
and modifications to the Site Development Plan documentts), as necessary, to mz
shall occur substantially as shown in the approved Exhibits. Any proposed deve
different from this approval, shall require an amendment to this approval.
2. The Developer shall comply with all applicable provisions of federal, state, a
~ internally consistent and in conformity with final action on the project. Deve
ordinances in effect at the time of building permit issuance.
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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 and issuance of this Site Developml
(b) City's approval or issuance of any permit or action, whether discretionaq
discretionary, in connection with the use contemplated hereil
(c) Developer/Operator's installation and operation of the facility permitted
including without limitation, any and all liabilities arising from the emissiol
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 shail 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 Dew
Permit and signed approved site plan.
6. Building permits will not be issued for development of the subject property UI
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 deve
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad M
Code or other ordinance adopted to implement a growth management system or I
and Improvement Plan and to fulfill the subdivider's agreement to pay thc
facilities fee dated September 16, 1997, a copy of which is on file with the Ci
and is incorporated by this reference. If the fees are not paid, this application wi
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 ar
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:
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a) A growth management park fee of 40 cents per square foot of non-re
development will be collected at the time of building permit issuanl
fee will be used to construct recreational facilities to offset the
created by employees within Zone 13.
10. Approval of SDP 97-12 is granted subject to the approval of CDP 97-26. SDP
subject to all conditions contained in the Planning Commission Resoh.
CDP 97-26.
11. 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 sal
of the Planning Director, notifying all interested parties and successors in interes
City of Carlsbad has issued a Site Development Plan and Coastal Developmen
by Resolution Nos. 4243 and 4244 on the real property owned by the Develop
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 sua
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 approvec
Planning Director prior to building permit issuance. The enclosure shall be SI
the building plans to be of similar colors and/or materials to the projec
satisfaction of the Planning Director prior to building permit issuance.
13. 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 maximun
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. T
shall be submitted to and approval obtained from the Planning Director pric
approval of the final map, grading permit, or building permit, whichever occurs fi
Developer shall construct and install all landscaping as shown on the approved pl
maintain all landscaping in a healthy and thriving condition, free from weeds, tr
debris.
16. The first submittal of detailed landscape and irrigation plans shall be accompanie
project’ s building, improvement, and grading plans.
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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 identificatic
addresses shall contrast to their background color.
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 Dir
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 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 P
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 :
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 solic
management plan for review and approval by the Planning Director. The pl
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 faci
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:
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1 1. Source separated green waste collection.
2 ii. Cardboard recycling.
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iii. Programs which provide for the separation of wet (disposa
dry (recoverable) materials.
5 II iv. Where feasible, providing compactors for non-recyclables tc
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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 ar
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:
11 a. Provide commuter information areas on site for employees.
12 b. Implement flexible or staggered employee shift start and finish times
13 to reduce the number of vehicle trips generated by the project du
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15 c. Develop a trip reduction plan to achieve 1.5 AVR (Average vehicle ric
16 23. The Developer shall submit and obtain Planning Director approval of a unifi
program for this development prior to occupancy of any building. 17
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19 Note: Unless specifically stated in the condition, all of the following conditions, L
approval of this Site Development Plan and Coastal Development Permit, mus
morning and evening peak hour commute.
Engineering Conditions
20 prior to issuance of any building permit.
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24. 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 €or the proposed haul route. The developer shall comply with all the c(
23 and requirements the City Engineer may impose with regards to the hauling oper:
24 25. The developer shall provide for sight distance corridors at all project drive
accordance with Engineering Standards and the Engineering Site Devel 25 PlanRreliminary Grading Plan and shall record the following statement
26 mylar Architectural Site Development Plan and Preliminary Landscape Plar
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“NO structure, fence, wall, tree, shrub, sign, or other object over 30 inches a
street level or vegetation having a canopy of less than 8 feet high shall be F
permitted to encroach within the area identified as a sight distance cor
accordance with City Standards and the Engineering Site Devt
Planpreliminary Grading Plan of this plan set. The underlying proper1
shall maintain this condition.”
FeedAgreements
26. 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. 91-39.
27. The developer shall pay all current fees and deposits required.
Dedications/Improvements
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 to the satisfa
and by the City Engineer, in accordance with the following:
a. Fossil type filters shall be installed at storm drain inletshnverts, as sl
the Engineering Site Development PlanRreliminary Grading 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 ways
submitted together with required R-value soil test information and approved by
as part of the building plan site review.
30. Reciprocal access easements and maintenance agreements shall be executed
developer and adjacent property owners for the shared driveway access alo
Street (at Lot 10). Depending on property ownership, these easeme
agreements shall be executed in accordance with the following:
a. If different property ownership - Reciprocal access easemer
maintenance agreements shall be executed with the developer and 2
property owner.
b. If same property Ownership - Covenants for reciprocal access easemc
maintenance agreements shall be executed with the developer.
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31. All monument signs shall be installed at locations as shown on the Engineel
Development PlanPreliminary Grading Plan.
32. Prior to the issuance of a building permit, the owner shall have a Certi
Compliance approved and recorded to merge the two lots as shown on the si
Fire Conditions
33. Prior to issuance of building permits, complete building plans shall be approvt
Fire Department.
34. Additional on-site public water mains and fire hydrants are required.
35. 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 off-site fire hydrants within 200 feet of the project.
36. Applicant shall submit a site plan depicting emergency access routes, drivev
traffic circulation for Fire Department approval.
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37. An all-weather, unobstructed access road suitable for emergency service vehicle: 13 provided and maintained during construction. When in the opinion of the Fire (
access road has become unserviceable due to inclement weather or other reasons: 14 in the interest of public safety, require that construction operations cease 1
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condition is corrected.
38. All required water mains, fire hydrants, and appurtenances shall be operation:
combustible building materials are located on the construction site.
39. Prior to final inspection, 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 approvals prior to installation.
40. 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.
41. 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.
42. An approved automatic fire sprinkler system shall be installed in buildings havini
aggregate floor area exceeding 10,000 square feet.
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Water Conditions
43. The entire potable water system, reclaimed water system and sewer system
evaluated in detail to ensure that adequate capacity, pressure and flow demanc
met.
44. The Developer shall be responsible for all fees, deposits and charges whicl.
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.
45. Sequentially, the Developer’s Engineer shall do the following:
a. Meet with the City Fire Marshal and establish the fire protection requ
Also obtain G.P.M. demand for domestic and irrigational needs from ap;
parties.
b. Prepare a colored reclaimed water use area map and submit to the
Department for processing and approval.
c. Prior to the preparation of sewer, water and reclaimed water improvemen
meeting must be scheduled with the District Engineer for review, com~
approval of the preliminary system layouts and usages (i.e., GPM - EDU)
46. 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 av:
the time of application for such water service and sewer permits will contin
available until time of occupancy.
General Conditions
47. 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 fwther condition all certificates of oc
issued under the authority of approvals herein granted; institute and prosecute liti:
compel their compliance with said conditions or seek damages for their violat
vested rights are gained by Developer or a successor in interest by the City’s ap]
this Site Development Plan.
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Standard Code Reminders:
48. The Developer shall pay a landscape plan check and inspection fee as required b,
20.08.050 of the Carlsbad Municipal Code.
49. This approval shall become null and void if building permits are not issuec
project within two (2) years from the date of project approval.
50. 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.
5 1. The project shall comply with the latest non-residential disabled access reqx
pursuant to Title 24 of the State Building Code.
52. All roof appurtenances, including air conditions, shall be architecturally integ~
concealed from view and the sound buffered from adjacent properties and s
substance as provided in Building Department Policy No. 80-6, to the satisfacti
Directors of Community Development and Planning.
53. 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.
54. Any signs proposed for this development shall at a minimum be designed in conf
with the City’s Sign Ordinance, the Carlsbad Ranch Specific Plan, and
program required for the project and shall require review and approval of the
Director prior to installation of such signs.
55. The developer shall exercise special care during the construction phase
project to prevent off-site siltation. Planting and erosion control shall be I
in accordance with the Carlsbad Municipal Code and the City Engineer.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 4th day of March 1991
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, h
Nielsen, Savary, and Welshons
NOES:
ABSENT:
ABSTAIN:
ATTEST:
MICHAEL J. H
Planning Director
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