HomeMy WebLinkAbout1998-10-07; Planning Commission; Resolution 4398-
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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.
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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 :
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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
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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
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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.
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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, 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.
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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:
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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
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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.
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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):
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"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
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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.
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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.
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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
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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.
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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:
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i& J W$
CARLSBAD PLANNING COMMISSION
...u7,.
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ATTEST:
MICHAEL J. HOXZMIMR
Planning Director
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