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HomeMy WebLinkAbout1999-04-21; Planning Commission; Resolution 4520(b a 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. 4520 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE BUILDING ON PROPERTY GENERALLY LOCATED NEAR THE SOUTHEAST CORNER OF AVENIDA ENCINAS AND PALOMAR AIRPORT ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 3. CASE NAME: CARLSBAD PACIFIC CENTER, PHASE CASE NO. : SDP 98-23 WHEREAS, Prentice Properties Acquisition Partners, L.P., a k Limited Partnership, “Developer” and “Owner”, has filed a verified application with of Carlsbad regarding property described as DEVELOPMENT PLAN SDP 98-23 TO CONSTRUCT AN OFFICE I11 Parcel 3 of Parcel Map No 15386 in the City of Carlsbad, County of San Diego, State of California, according to the map thereof no 11287, filed in the office of the County Recorder of San Diego County, September 16,1988, as file No. 88-467980 of official records (“the Property”); and WHEREAS, said verified application constitutes a request for a Site Deve Plan as shown on Exhibit(s) “A” - “G” dated April 21, 1999, on file in the 1 Department, CARLSBAD PACIFIC CENTER PHASE 111, SDP 98-23, as prov Chapter 21.06/Section 21.53.120 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 21st day of April, 199: duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all te and arguments, if any, of all persons desiring to be heard, said Commission considered all relating to the Site Development Plan. NOW, THEREFORE, BE IT HEREBY RESOLVED by the P Commission of the City of Carlsbad as follows: a 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) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the E Commission APPROVES, CARLSBAD PACIFIC CENTER PHA SDP 98-23, based on the following findings and subject to the fc conditions: Findinp: 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, surroul traffic circulation, in that the proposed land use is consistent with the Gene and the Manufacturing (M) zone designation; the building, parking arl driveways within the project meet M zone and City standards; the builc architecture and materials compatible with the adjacent office buildings; building has exceeded the minimum required set back from Avenida Enc addition, the 820 ADT generated by the proposed land use is consistent traffic level projections for office uses analyzed by the MEIR. All mitigation measures appropriate to the site have been incorporated into thc design; no additional mitigation, in the form of roadway improven necessary. 2. That the site for the intended use is adequate in size and shape to accommodate tl that the project meets all required City standards without the need for a from those standards. 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 building complies with the setback and height standards of the M zone, the parking areas and the perimeter of the landscaped with a combination of trees, shrubs, and ground cover. 4. That the street systems serving the proposed use is adequate to properly handle : generated by the proposed use, in that the site’s frontage improvements (si1 curbs, and gutters), adjacent public roadways, and the intersections near thl site have all been sized and constructed to meet the land use demand. Thc site provides adequate on-site circulation, has recorded a reciprocal acc parking easement per MS 747, and has access to Avenida Encinas. 5. The Planning Commission finds that the project, as conditioned herein for SD is in conformance with the Elements of the City’s General Plan, based on the foll A. Land Use - the site is designated for commercial and industrial bl uses such as an office building. ~ 11 PC RES0 NO. 4520 -2- 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 B. Circulation - all the necessary frontage and street improvements h; constructed. C. Housing - the project is conditioned to pay, if adopted, a non-resident housing impact fee (linkage fee). D. Public Safety - the project will comply with the Fire Code, Uniform B1 Code, and State seismic standards. 6. 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 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. All necessary public improvements have been provided or are req conditions of approval. C. The Developer has agreed and is required by the inclusion of an ap condition to pay a public facilities fee. Perfonnance 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. 18 19 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 21.90 of the Carlsbad Municipal Code. This will ensure continued avail, 20 public facilities and will mitigate any cumulative impacts created by the project. 21 22 23 24 25 26 8. This project has been conditioned to comply with any requirement approved as p Local Facilities Management Plan for Zone 3. 9. The project is consistent with the Comprehensive Land Use Plan (CLUP) McClellan-Palomar Airport, dated April 1994, in that, as conditioned the applic record a notice concerning aircraft noise. The Project is compatible with the : noise levels of the CLUP; and, based on the noise/land use compatibility matr CLUP, the proposed land use is compatible with the airport, in that the office acceptable use outside the 65 CNEL noise contour. 27 10. That this project could have a potentially significant negative cumulative traffj on the Palomar Airport Road El Camino Real intersection. However, this pr 28 been conditioned to pay its fair share of the “short-term improvements”, 11 PC RES0 NO. 4520 -3- 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 guaranteeing implementation of a mitigation measure that reduces the potential i a level of insignificance. 11. 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 exten degree of the exaction is in rough proportionality to the impact caused by the pro, Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all cc and modifications to the Site Development Plan document(s) necessary to m; internally consistent and in conformity with final action on the project. Dev shall occur substantially as shown in the approved Exhibits. Any proposed dev different from this approval, shall require an amendment to this approval. 2. Approval of SDP 98-23 is granted subject to the approval of CDP 98-89. SDP subject to all conditions contained in Planning Commission Resolution No. CDP 98-89. 3. The Developer shall comply with all applicable provisions of federal, state, 2 ordinances in effect at the time of building permit issuance. 4. The Developer shall provide the City with a reproducible 24” x 36” mylar coy Site Development Plan as approved by the final decision making body. ’ Development Plan shall reflect the conditions of approval by the City. ’ Development Plan copy shall be submitted to the City Engineer and approvec building, grading, final map, or improvement plan submittal, whichever occurs fi 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 drawings shall also include a copy of any applicable Coastal Devc Permit and signed approved site plan. 6. Building permits will not be issued for this project unless the local agency p water and sewer services to the project provides written certification to the ( adequate water service and sewer facilities, respectively, are available to the projc time of the application for the building permit, and that water and sewer cap2 facilities will continue to be available until the 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 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 th facilities fee dated February 11, 1998, a copy of which is on file with the City ( is incorporated by tlvs reference. If the fees are not paid, this application wi consistent with the General Plan and approval for this project will be void. PC RES0 NO. 4520 -4- 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 8. This project shall comply with all conditions and mitigation measures which arc as part of the Zone 3 Local Facilities Management Plan and any amendments that Plan prior to the issuance of building permits, including but not limitr payment of traffic impact fees. 9. Prior to the issuance of the building or grading permit, whichever occ Developer shall submit to the City a Notice of Restriction to be filed in the offi County Recorder, subject to the satisfaction of the Planning Director, noti interested parties and successors in interest that the City of Carlsbad has ism Development Plan by Resolution No. 4520 on the real property owned by the D Said Notice of Restriction shall note the property description, location of containing complete project details and all conditions of approval as we1 conditions or restrictions specified for inclusion in the Notice of Restrict Planning Director has the authority to execute and record an amendment to t: which modifies or terminates said notice upon a showing of good cause by the I: or successor in interest. 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 im adjacent homes or property. 11. No outdoor storage of materials shall occur onsite unless required by the Fire ( such instance a storage plan will be submitted for approval by the Fire Chief Planning Director. 12. The Developer shall prepare a detailed landscape and irrigation plan in confonna the approved Preliminary Landscape Plan and the City’s Landscape.Manua1. 1 shall be submitted to and approval obtained from the Planning Director pric approval of the final map, grading permit, or building permit, wlvchever 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. 13. The developer is aware that the City is preparing a non-residential housing im (linkage fee) consistent with Program 4.1 of the Housing Element. The app 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 Elemel General Plan. If a linkage fee is established by City Council ordinance and/or rc 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 developme1 existing development, in which case, the fee shall be paid on approval of the fir 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 F project will not be consistent with the General Plan and approval for this pro: become null and void. ~ PC RES0 NO. 4520 -5- 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 0 14. This approval shall become null and void if building permits are not issued project within 24 months fi-om the date of project approval. 15. Prior to the recordation of the first final parcel map or the issuance of building whichever occurs first, the Developer shall prepare and record a Notice that this is subject to overflight, sight and sound of aircraft operating fi-om McClellan- Airport, in a form meeting the approval of the Planning Director and the City (see Noise Form #2 on file in the Planning Department). 16. The Developer shall pay their fair share for the “short-term improvements El Camino Real/ Palomar Airport Road intersection prior to approval of 1 map or the issuance of a grading permit, whichever occurs first. The am01 be determined by the methodology ultimately selected by Council, including limited to, an increase in the city-wide traffic impact fee; an increased or nev LFMP fee; the creation of a fee or assessment district; or incorporation into Roos taxing district. Fees/Ayreements 17. The developer shall pay all current fees and deposits required. 18. Prior to issuance of a building permit, the applicant shall submit to 1 documentation from the owners of parcels within MS 747 indicating their a of the parking lot improvements for this project. If the applicant is unable t such documentation, no building permit will be issued until the applicar; amends the site plan or modifies the plans so grading will not occur out project site in a manner which substantially conforms to the approved site determined by the City Engineer and Planning Director. Dedications/Improvements 19. 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 with required R-value soil test information shall be submitted and approved by Engineer as part of the building site plan review. Water 20. 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 Si County Water Authority capacity charge will be collected at issuance of applic any meter installation. 21. Any proposed landscaping shall be designed and constructed to meet the requirements for the use of recycled water. A colored use map showing 1 PC RES0 NO. 4520 -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 landscaping areas shall be submitted to the Planning Department for proces approval by District Engineer. 22. Any additional water meter(s) proposed for the new building shall be within the easement or a new water pipeline easement dedicated to the CMWD. General: 23. If any of the foregoing conditions fail to occur; or if they are, by their ten- 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 issuar future building permits; deny, revoke or further condition all certificates of o( issued under the authority of approvals herein granted; institute and prosecute : to 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 ap~ this Site Development Plan. Code Reminder The project is subject to all applicable provisions of local ordinances, including but not 1 the following: 24. Trash receptacle areas shall be enclosed by a six-foot high masonry wall wi pursuant to City standards. Location of said receptacles shall be approved Planning Director. Enclosure shall be of similar colors and/or materials to the p the satisfaction of the Planning Director. 25. The first submittal of detailed landscape and irrigation plans shall be accompanie project’s building, improvement, and grading plans. 26. Building identification and/or addresses shall be placed on all new and existing k so as to be plainly visible from the street or access road; color of identificatio addresses shall contrast to their background color. 27. The developer shall exercise special care during the construction phase of this p prevent offsite siltation. Planting and erosion control shall be provided in acc with the Carlsbad Municipal Code and the City Engineer. 28. 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 1 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 PC RES0 NO. 4520 -7- 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 0 NOTICE Please take NOTICE that approval of your project includes the “imposition” dedications, reservations, or other exactions hereafter collectively referred to for conve “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exac you protest them, you must follow the protest procedure set forth in Government Cod1 66020(a), and file the protest and any other required information with the City Ma processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure t follow that procedure will bar any subsequent legal action to attack, review, set aside, annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/c 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 7 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. 4520 -8- 0 e 1 2 3 4 5 6 7 PASSED, APPROVED AND ADOPTED at a regular meeting of the plan Commission of the City of Carlsbad, California, held on the 21st day of April, 1999, by following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, L'Heure Nielsen, Segall, and Welshons NOES: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ',, .:i. j 3i L'.,,, , . . . ~ , < i .. ,'. :;: .,,';, , I, . . ABSENT:. Commissioner . ., I Trigas .. *. . ,. .. , .. . ~- CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 4520 -9-