Loading...
HomeMy WebLinkAbout1998-10-07; Planning Commission; Resolution 4398- t * Q Q 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 4398 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SITE DEVELOPMENT PLAN, SDP 98-1 1, TO ALLOW THE CONSTRUCTION OF A THREE-STORY MULTI-TENANT OFFICE BUILDING CONTAINING 42,960 SQUARE FEET OF BUILDING AREA ON PROPERTY GENERALLY LOCATED ON THE NORTHEAST CORNER OF ARMADA DRIVE AND FLEET STREET IN THE COASTAL ZONE AND LOCAL FACILITIES MANAGEMENT ZONE 13 CASE NAME: CARLSBAD RANCH CORPORATE CASE NO.: SDP 98-1 1 WHEREAS, DCM Properties, Inc. , “Developer”, has filed a verified ap with the City of Carlsbad regarding property owned by Carlsbad Ranch Compar “Owner”, described as CENTER Lot 15 of Carlsbad Tract No. 94-09, Carlsbad Ranch Units 2 & 3 per Map No. 13408, filed April 1, 1997, in the Office of the County Recorder, as file No. 1997-147754, 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 Devc Plan as shown on Exhibit(s) “A” - “I‘” dated October 7, 1998 , on file in the Department, CARLSBAD RANCH CORPORATE CENTER, SDP 98-11 as providc 207(A) and Chapter 21.06 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 7th day of Octobc 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 t and arguments, if any, of all persons desiring to be heard, said Commission considered s relating to the Site Development Plan. 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFOREy 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 Planning Cor RECOMMENDS APPROVAL of CARLSBAD RANCH CORP CENTER, SDP 98-11 based on the following findings and subject to the f 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, surrow traffic circulation, in that the project design complies with the requiremenl Carlsbad Ranch Specific Plan except for a portion of the rear yard la setback for which an administrative variance has been approved in additi other requirements applicable to the site. The Carlsbad Ranch Specific E found to be in compliance with the General Plan and contains a detailed des of the plan’s compliance with the General Plan in Section I. H. 2. That the site for the intended use is adequate in size and shape to accommodate tl that all applicable code requirements have been met including the park building coverage standards. Approximately 11 percent of the parking are, landscaped while only 3 percent is required. A total of 21 percent of the sit landscaped. Building coverage is proposed at 9.5 percent of the site. 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 landscaping is proposed to screen the parkir Adequate vehicle circulation has been provided to accommodate truck movements. Access to the site will be provided by a driveway onto Armac and Fleet Street. Pedestrian connections to the overall pedestrian circulatio of the Carlsbad Ranch have been provided. 4. That the street systems serving the proposed use is adequate to properly handle 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. 01 considerations were previously adopted for the cumulative impact to 1-5 an( 5. The Planning Commission finds that the Planning Director has determined : PC RES0 NO. 4398 -2- 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. there was an EIR certified in connection with the prior Specific Plan Am B. the project has no new significant environmental effect not analyzed as si C. none of the circumstances requiring Subsequent or a Supplemental El (SP 207(A)) and related actions; in the prior EIR; and 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 I 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 s available, and building cannot occur within the project unless sewe: 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. 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 I construction tax, or development fees, and has agreed to abide by any a ~ 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 1 aircraft operating from McClellan-Palomar Airport. The project is compai the projected noise levels of the CLUP; and, based on the noise/land use corn matrix of the CLUP, the proposed land use is compatible with the airport, in tha I PC RES0 NO. 4398 -3- e 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 site is inside the 60 CNEL noise contour and the proposed land use is a COI use at this noise level. 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. Thk be used to construct recreational facilities to offset the demand created by er within Zone 13. 12. That the project is consistent with the City’s Landscape Manual, adopted by Cit:, Resolution No. 90-3 84. 13. 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 caused 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: 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 thc exhibits. B. Section 111. C. 1. C. of the Carlsbad Ranch Specific Plan contains a p that due to the unusual shape of Lot 15, setbacks will not ha\ increased for buildings over 35 feet in height. C. The buildings conform to the requirements of Section 18.04.17( Carlsbad Municipal Code. D. The allowed height protrusions as described in Section 21.46.021 Carlsbad Municipal Code do not exceed 45 feet including arch features as demonstrated on the projects exhibits. Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all co and modifications to the Site Development Plan document(s) necessary to ms internally consistent and in conformity with final action on the project. Devc shall occur substantially as shown in the approved Exhibits. Any proposed devc different fiom this approval, shall require an amendment to this approval. 2. The Developer shall comply with all applicable provisions of federal, state, i ordinances in effect at the time of building permit issuance. PC RES0 NO. 4398 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 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, fiom (a) City’s approval and issuance of this Conditional Use Pe 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 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 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 u District Engineer determines that sewer facilities are available at the time of a1 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 or 1987, (amended July 2, 1991) and as amended from time to time, and any devl fees established by the City Council pursuant to Chapter 2 1.90 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 tk facilities fee dated June 1, 1998, a copy of which is on file with the City Cle 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 a these fees shall be determined by the fee schedule in effect at the time of buildir application. I 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 limitc following: PC RES0 NO. 4398 -5- 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. A growth management park fee of 40 cents per square 'foot residential development will be collected at the time of building issuance. This fee will be used to construct recreational facilities to c demand created by employees within Zone 13. 10. If any condition for construction of any public improvements or facilities, or the of any fees in-lieu thereof, imposed by this approval or imposed by law on this rt housing project are challenged this approval shall be suspended as pro Government Code Section 66020. If any such condition is determined to be in approval shall be invalid unless the City Council determines that the project wi condition complies with all requirements of law. 11. Approval of SDP 98-11 is granted subject to the approval of CDP 98-44. SDP subject to all conditions contained in the Planning Commission Resolution 98-44. 12. 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 Resolutions No. 4398 and 4399 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 suo interest. 13, 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 o colors and/or materials to the project to the satisfaction of the Planning Director building permit issuance. 14. 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 maximur of all light fixtures shall not exceed 30 feet. 15. 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. 16. The Developer shall prepare a detailed landscape and irrigation plan in conforma the approved Preliminary Landscape Plan and the City's Landscape Manual. I PC RES0 NO. 4398 -6- e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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, t debris. 17. The first submittal of detailed landscape and irrigation plans shall be accompanil project’s building, improvement, and grading plans. 18. Building identification andor addresses shall be placed on all new and existing 1 so as to be plainly visible from the street or access road; color of identificatio addresses shall contrast to their background color. 19. 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 operatj 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). 20. 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 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 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 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-residenti whichever pertains. If linkage fees are required for this project, and they are not I project will not be consistent with the General Plan and approval for this pro become null and void. 21. 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 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. collect refuse and recyclables. PC RES0 NO. 4398 -7- e 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 E. The estimated quantity of waste generated and estimated quan This plan shall also evaluate the feasibility of the following d programs/measures: recyclable materials. 1) Source separated green waste collection. 2) Cardboard recycling. 3) Programs which provide for the separation of wet (disposa' dry (recoverable) materials. 22. Prior to occupancy the developer shall submit a final security plan for re1 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. 23. Prior to building permit issuance the developer shall submit evidence that 1 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 24. The developer shall submit and obtain Planning Director approval of a unifi program for this development prior to occupancy of any building. Engineering; Conditions NOTE: Unless specifically stated in the condition, all of the following conditions, approval of this Site Development Plan and Coastal Development Permit, must be n to issuance of any building permit. 25. 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 condi requirements the City Engineer may impose with regards to the hauling operatior 26. The developer shall provide for sight distance corridors at all project drivc accordance with Engineering Standards and the Preliminary Grading & Uti1 (Sheet 2 of 3) & Preliminary Landscape Plan (Sheet 3 of 3) and shall rc following statement on the mylar Preliminarv Landscape Plan (Sheet 3 of 3): ~ "NO structure, fence, wall, tree, shrub, sign, or other object over 30 inches E street level or vegetation having a canopy of less than 8 feet high shall be PC RES0 NO. 4398 -8- * 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 permitted to encroach within the area identified as a sight distance co! accordance with City Standards and the Preliminary Grading & Preliminary Landscape Plan of this plan set. The underlying property ow maintain this condition." FeedAgreements: 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 I Discharge Elimination System (NPDES) permit. The developer shall prov 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 to the satisfa' and by the City Engineer, in accordance with the following: A. Fossil type filters shall be installed at storm drain inletdinverts, as st the Preliminary Grading & Utility 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 site plan review. 30. Prior to the issuance of building permits, complete building plans shall be apprc the Fire Department. 3 1. Additional on-site water mains and fire hydrants are required. Fire Conditions 32. Applicant shall submit a site plan to the Fire Department for approval, which location of required, proposed and existing public water mains and fire hydranl plan should include off-site fire hydrants within 200 feet of the project. 33. An all weather, unobstructed access road suitable for emergency service vehicles provided and maintained during construction. When in the opinion of the Fire C1 access road has become unserviceable due to inclement weather or other reasons, . in the interest of public safety, require that construction operations cease u condition is corrected. PC RES0 NO. 4398 -9- . e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 34. All required water mains, fire hydrants and appurtenances shall be operation, 35. Prior to building occupancy, private roads and driveways which serve as requirr combustible building materials are located on the construction site. for emergency service vehicles shall be posted as fire lanes in accordance requirements of section 17.04.020 of the Carlsbad Municipal Code. 36. Plans andor 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. Water Conditions 37. The Developer shall be responsible for all fees, deposits and charges which collected before andor at the time of issuance of the building permit. The Sa County Water Authority capacity charge will be collected at issuance of applic, any meter installation. 38. The Developer shall provide detailed information to the District Engineer regardi demand, irrigation demand, fire flow demand in gallons per minute, and project1 flow in million gallons per day. 39. The entire potable water system, recycled water system and sewer system evaluated in detail by Developer and District Engineer to insure that adequate ( pressure and flow demands can be met. 40. All District pipelines, pump stations, pressure reducing stations and appur required for this project by the District shall be within public right-of-way o easements granted to the District or the City of Carlsbad. 41. Sequentially, the Developer’s Engineer shall do the following: A. Meet with the City Fire Marshal and establish the fire protection requiremt B. Prepare and submit a colored recycled water use area map and submit this the Planning Department for processing and approval by the District Engir C. Prior to the preparation of sewer, water and recycled water improvemer the Developer shall submit preliminary system layouts to the District Engj review, comment and approval. 42. All potable water and recycled water meters shall be placed within public right-of- 43. A public fire flow system shall be required for this industrial or commercial devell and it shall be constructed as a looped pipeline system. 1 PC RES0 NO. 4398 -1 0- J a 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I General Conditions 44. 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 t implemented and maintained according to their terms, the City shall have the revoke or modify all approvals herein granted; deny or further condition issuar future building permits; deny, revoke or further 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 viola vested rights are gained by Developer or a successor in interest by the City’s apl this Site Development Plan. Code Reminders 45. The Developer shall pay a landscape plan check and inspection fee as required b] 20.08.050 of the Carlsbad Municipal Code. 46. This approval shall become null and void if building permits are not issued project within two (2) years from the date of project approval. 47. Approval of this request shall not excuse compliance with all applicable sectior Zoning Ordinance and all other applicable City ordinances in effect at time of permit issuance, except as otherwise specifically provided herein. 48. The project shall comply with the latest non-residential disabled access requ pursuant to Title 24 of the State Building Code. 49. All roof appurtenances, including air conditioners, shall be architecturally integr concealed from view and the sound buffered from adjacent properties and st: substance as provided in Building Department Policy No. 80-6, to the satisfactio Directors of Community Development and Planning. 50. Compact parking spaces shall be located in large groups, and in locations clearly to the satisfaction of the Planning Director. 51. All landscape and irrigation plans shall be prepared to conform with the La Manual and submitted per the landscape plan check procedures on file in the I Department. 52. Any signs proposed for this development shall at a minimum be designed in confc with the City’s Sign Ordinance, the Carlsbad Ranch Specific Plan, and t program required for the project and shall require review and approval of the E Director prior to installation of such signs. 53. The developer shall exercise special care during the construction phase of this prc PC RES0 NO. 4398 -1 1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 to prevent off-site siltation. Planting and erosion control shall be providc accordance with the Carlsbad Municipal Code and the City Engineer. NOTICE Please take NOTICE that approval of your project includes the “imposition” dedications, reservations, or other exactions hereafter collectively referred to for convel “fees/exactions.” You have 90 days from date of final City Council Approval to protest imposition fees/exactions. If you protest them, you must follow the protest procedure set Government Code Section 66020(a), and file the protest and any other required informal the City Manager for processing in accordance with Carlsbad Municipal Code Section : Failure to timely follow that procedure will bar any subsequent legal action to attack, re aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified feesk DOES NOT APPLY to water and sewer connection fees and capacity charges, nor I zoning, grading or other similar application processing or service fees in connection ’ project; NOR DOES IT APPLY to any feedexactions of which you have previously be a NOTICE similar to this, or as to which the statute of limitations has previously c expired. ... ... .. . ... ... ... . .. ... . .. , .. . .. PC RES0 NO. 4398 -12- '. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e * PASSED, APPROVED AND ADOPTED at a regular meeting of the Commission of the City of Carlsbad, California, held on the 7th day of October 199: following vote, to wit: AYES: Chairperson Noble, Commissioners Compas, Monroy, and Savary NOES: ABSENT: Commissioners Heineman and Welshons ABSTAIN: ./',,2/ ',#j< -*. ;; ','/ .I ,,. . 1: . l,i%.w:.<;-,+ z- ,. ,I_ .I . .* $) ,, ,Jg&~) 5 &.7&?&z> *e>> z B g i . . Lll ~ .. ",!? .s<:-... .T- i& J W$ CARLSBAD PLANNING COMMISSION ...u7,. c ATTEST: MICHAEL J. HOXZMIMR Planning Director PC RES0 NO. 4398 -1 3-