HomeMy WebLinkAbout1999-05-19; Planning Commission; Resolution 4552c I 0 0
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PLANNING COMMISSION RESOLUTION NO. 4552
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
CONSTRUCT A FOUR BUILDING INDUSTRIAL, CAMPUS ON
PROPERTY GENERALLY LOCATED EAST OF EL CAMINO
REAL AND SOUTH OF FARADAY AVENUE IN LOCAL
FACILITIES MANAGEMENT ZONE 5
CASE NAME: CARLSBAD CORPORATE CENTER
CASE NO.: SDP 97-08(A)
DEVELOPMENT PLAN AMENDMENT SDP 97-08(A) TO
t3 ll WHEREAS, MSGW California 11, L.L.C., a Delaware limited
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company, “Developer”, has filed a verified application with the City of Carlsbad 1
property owned by Beckman Instruments, Inc., “Owner”, described as
Parcel 2 of Parcel Map 13958, in the City of Carlsbad, County
of San Diego, State of California, as filed in the Office of the
County Recorder of San Diego County, September 18,1985 as
file no. 85-344096
(‘‘the Property”); and
16 WHEREAS, said verified application constitutes a request for a Site Dev
17 Plan Amendment as shown on Exhibit(s) “A” - “Y” dated May 19,1999, on file in the
18 Department, CARLSBAD CORPORATE CENTER, SDP 97-08(A) as provided bJ
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21.06/Section 21.53.120 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 19th today of May, 1
21 ll a duly noticed public hearing as prescribed by law to consider said request; and
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23 WHEREAS, at said public hearing, upon hearing and considering all 1
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WHEREAS, on December 17, 1997, the Planning Commission appro 26
relating to the Site Development Plan Amendment. 25
and arguments, if any, of all persons desiring to be heard, said Commission considered i
27 j/ 97-08, as described and conditioned in Planning Commission Resolution No. 4205.
28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the P
Commission APPROVES, CARLSBAD CORPORATE CENTER, S
08(A) based on the following findings and subject to the following condit
Findinm:
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 €
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, SWTOU
traffic circulation, in that the project is compatible with the surrounding deve
through the use of similar design and materials as surrounding ir
development, and the office manufacturing and warehousing land z
consistent with the Planned Industrial General Plan designation.
2. That the site for the intended use is adequate in size and shape to accommodate tl.
that all required setbacks and development standards have been met.
3. That all yards, setbacks, walls, fences, landscaping, and other features necessary
the requested use to existing or permitted future uses in the neighborhood
provided and maintained, in that the Site Development Plan is adopted by ca
which requires that all development takes place consistent with what h
proposed. The industrial campus development proposed provides setba
extensive landscaping that is compatible with the surrounding development.
4. That the street systems serving the proposed use is adequate to properly handle i 17
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generated by the proposed use, in that a traffic study supporting the adequac
adjacent arterial streets was reviewed by staff and summarized for the 1
Commission. The traffic generated by this proposal is less than projectec
19 General Plan Master Environmental Impact Report for this area.
20 5. The project is consistent with the City-Wide Facilities and Improvements 1
applicable local facilities management plan and all City public facility poli 21 ordinances since:
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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. The project has been conditioned to provide proof from the Carlsba
District that the project has satisfied its obligation for school facilities
28 C. Park-in-lieu fees are required as a condition of approval.
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D. All necessary public improvements have been provided or are req
conditions of approval.
E. 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.
6 6. 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
7. This project has been conditioned to comply with any requirement approved as p 9
public facilities and will mitigate any cumulative impacts created by the project. 8 Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued avail
7 requirements established by a Local Facilities Management Plan prepared pu
10 Local Facilities Management Plan for Zone 5.
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8. 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 develo
outside the 60 CNEL contour which designates office and industrial develo]
a compatible land use. l 15
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10. The Planning Commission has reviewed each of the exactions imposed on the I: 17
Resolution No. 90-384.
contained in this resolution, and hereby finds, in this case, that the exactions are 18 to mitigate impacts caused by or reasonably related to the project, and the exten
19 degree of the exaction is in rough proportionality to the impact caused by the pro
20 Conditions:
2 1 1. Approval of SDP 97-08(A) is granted subject to the approval of SUP 97-05(A)
98-11. SDP 97-08(A) is subject to all conditions contained in SUP 97-05(A
9. That the project is consistent with the City’s Landscape Manual, adopted by Citj
22 Special Use Permit and MS 98-11 for the tentative parcel map.
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2. Approval of SDP 97-08(A) supplements the approval of SDP 97-08. All c(
of approval found in Planning Commission Resolution No. 4205, dated D
17,1997 remain in full force and effect except as modified herein.
25 I/ 3. Condition No. 1 of Planning Commission Resolution No. 4205 is amended tc
26 ll follows:
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Staff is authorized and directed to make, or require the Developer to make, all c(
and modifications to the Site Development Plan documents, as necessary to m
internally consistent and in conformity with the final action on the project. Dev
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shall occur substantially as shown on the approved Exhibits. Any proposed devc
different fiom this approval, shall require an amendment to this approval.
4. Condition No. 7 of Planning Commission Resolution 4205 is amended to
follows:
The Developer shall pay the public facilities fee adopted by the City Council 01:
1987, (amended July 2, 1991) and as amended fiom time to time, and any dev,
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad h
Code or other ordinance adopted to implement a growth management system or
and Improvement Plan and to fulfill the developer’s/subdivider’s agreement tc
public facilities fee dated December 1, 1998, a copy of which is on file with
Clerk and is incorporated by this reference. If the fees are not paid, this applic:
not be consistent with the General Plan and approval for this project will be void
5. Prior to the issuance of a building permit, the Developer shall provide pro
Director from the School District that this project has satisfied its oblig
provide school facilities.
6. The Developer shall pay its fair share for the “short-term improvements”
Camino Real/ Palomar Airport Road intersection prior to approval of the E
or the issuance of a grading permit, whichever occurs first. The amount
determined by the methodology ultimately selected by Council, including
limited to, an increase in the city-wide traffic impact fee; an increased or nej
LFMP fee; the creation of a fee or assessment district; or incorporation into
Roos taxing district.
7. The project is approved to be constructed in two phases as shown on thc
exhibits. Modifications to the proposed phasing can be made subjec
Planning Director and City Engineer approval. Building permits for pi
must be issued within 24 months from the final date of approval or this :
shall expire. Building permits for phase two must be issued within five ye
the date of the final approval or the future phase approval will expire.
8. The signs shown on the approval elevation plans for Building “D” are sp
not approved. The Developer shall submit and obtain Planning Director appr
uniform sign program for Building “D” prior to occupancy of the building.
EnPineering
9. Condition No. 25 of Planning Commission Resolution 4205 is amended tc
follows:
The owner of the subject property shall execute an agreement holding the City
regarding parking, access, circulation, and drainage across the adjacent proper
owner shall also record a deed restriction on the property which relates to the
cross lot drainage and to accommodate parking & circulation as shown or
Development Plan. The deed restriction document shall be in a form accepta
City Engineer and shall:
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A. Clearly delineate the limits of the drainage course;
B. state that the drainage course is to be maintained in perpetuity by the UI
property owner; and
C. that all hture use of the property along the drainage course will no1
impede, divert or otherwise alter drainage flows in a manner that will
damage to the underlying and adjacent properties or the creation of
nuisance.
D. The deed restriction to define circulation, parking, and access shall 1
satisfaction of the City Engineer.
10. Condition No. 31 of Planning Commission Resolution 4205 is amended to
follows:
Prior to issuance of a building or grading permit, an additional 12 feet of
way along the project’s frontage of El Camino Real and along the projects
of Faraday Ave. shall be dedicated by the owner for the proposed decl
lane(s). The length of the additional right of way shall be based on (
standards as shown on the Site Development Plan and to the satisfaction of
Engineer.
11. Condition No. 33 of Planning Commission Resolution 4205 is amended to
follows:
Plans, specifications, and supporting documents for all public improvements
prepared to the satisfaction of the City Engineer. In accordance with City Stan(
developer shall install, or agree to install and secure with appropriate security as
by law, improvements shown on the site plan and the following improvements:
A. A deceleration lane along the El Camino Real frontage as shown on
Development Plan, including signing & striping plans.
B. A deceleration lane along the Faraday Ave. frontage as shown on
Development Plan, including signing and striping plans.
C. A raised median in Faraday Ave. as shown on the Site Developmc
including signing and striping plans.
D. Additional one-half street improvements to Orion Way including
limited to AC paving, base, curb & gutter, sidewalk, landsc;
irrigation, driveway and pedestrian access ramps.
E. Traffic Control Plans for all improvements in the public right of waj
F. Onsite and offsite public storm drain improvements as shown on
Development Plan and as required by the City Engineer.
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12. Condition No. 38 of Planning Commission Resolution 4205 is amended to
follows:
A. Prior to issuance of a building permit, the applicant shall submit
permission from San Diego Gas and Electric for the proposed encroa
into the existing easements for the grading and construction of the
located in the N. E. corner of the project.
B. Additionally, the applicant shall obtain written permission from S;
Gas and Electric for the Storm Drain Outfall and for the Orion Wrd
access road. A cash security or other security acceptable to 1
Engineer, for these improvements shall be posted if there is a delay c;
S.D.G. & E. The City Engineer shall make the determination a
amount and the acceptance of the security and whether the delay i
by S.D.G.&E.
Water
13. The developer shall provide detailed information to the District Engineer regard:
demand, irrigation demand, fire flow demand in gallons per minute, and project
flow in million gallons per day.
14. All district pipelines, pump stations, pressure reducing stations and appu
required for this project by the District shall be within public right-of-way (
easements granted to the District or the City of Carlsbad.
15. All potable water and recycled water meters shall be placed within the public
way.
16. A public fire flow system shall be required for this industrial or commercial deve
and it shall be constructed as a looped pipeline system.
17. The sewer lateral shown for proposed Building “A” will not be maintaine,
CITY within the existing sewer easement shown on Sheet 3 of the plans. P
laterals for all buildings shall have a cleanout at property line in accordal
Carlsbad Municipal Water District Standards.
18. Building “A” is shown adjacent to the existing 15-foot wide sewer e:
Because of the building location the following shall apply:
A. No portion of Building “A”, including roof overhangs and appul
shall protrude into the sewer easement.
B. No trees, flag poles, or monuments shall be planted or located wi
sewer easement. The concrete curbs, gutters, sidewalks and paven
acceptable.
C. The foundation for Building “A” shall extend deep enough to precl
impact or bearing load being placed onto the existing 8” diameter VC
pipe, and manholes from Building “A”. Structural and geot
calculations shall be prepared showing that no additional loading
PC RES0 NO. 4552 -6-
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placed upon the existing sewer pipeline and submitted to the
Engineer for approval prior to submittal of building permit applic;
Building “A”.
D. All proposed onsite water pipelines, fire hydrants, service lines an1
shall be within a minimum 20-foot wide public easement dedicatt
Carlsbad Municipal Water District.
E. All landscaping shall be designed to be irrigated with recycled wal
Carlsbad Municipal Water District Standards. The location of sen
to supply recycled water shall be obtained from the District Engineel
final design of the onsite recycled water irrigation system.
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 May 19, 1999 to protest imposition of these feedexactions
protest them, you must follow the protest procedure set forth in Government Cod€
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 ‘
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/(
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor :
zoning, grading or other similar application processing or service fees in connection
project; NOR DOES IT APPLY to any fees/exactions of which you have previously bt
a NOTICE similar to this, or as to which the statute of limitations has previously (
expired.
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PC RES0 NO. 4552 -7-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 19th day of May 199!
following vote, to wit:
AYES: Chairperson Heineman, Commissioners L’Heureux, Niels’.
Segall, Trigas, and Welshons
NOES:
ABSENT: Commissioner Compas
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4552 -8-