HomeMy WebLinkAbout2000-03-15; Planning Commission; Resolution 47200 0
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PLANNING COMMISSION RESOLUTION NO. 4720
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
ALLOW A 745 SQUARE FOOT ADDITION TO AN EXISTING
3310 SQUARE FOOT DENTAL OFFICE ON PROPERTY
LOCATED AT 1273 LAS FLORES DRTVE IN LOCAL
FACILITIES MANAGEMENT ZONE 1.
CASE NAME: HOLLANDER DENTAL ASSOCIATION
CASE NO.: SDP 85-04(A)
WHEREAS, Gary Hollander, “Developer”/”Owner” has filed a verifi
DEVELOPMENT PLAN AMENDMENT, SDP 85-04(A), TO
application with the City of Carlsbad regarding property described as
Parcels 1,2, and 3 of that portion of Lot 4 (fractional southwest
of the southwest quarter) in Section 31, Township 11 South,
Range 4 West, San Bernardino Meridian, in the County of San
Diego, State of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Developme
Plan Amendment as shown on Exhibits “A” - “C” dated February 16, 2000, on file in tl
Planning Department, HOLLANDER DENTAL ASSOCIATION - SDP 85-04(A), as providc
by Chapter 21.06/Section 21 S3.120 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of March, 2000, ho
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimor
and arguments, if any, of all persons desiring to be heard, said Commission considered all facto
relating to the Site Development Plan Amendment.
WHEREAS, on June 12, 1985, the Planning Commission approved tl
construction of the existing dental office building, as described and conditioned in Plannir
Commission Resolution No. 2450.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plann
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 PlanniI
Commission APPROVES HOLLANDER DENTAL ASSOCIATION - SD
85-04(A) based on the following findings and subject to the followiI
conditions:
Findinm:
9 1. That the requested use is properly related to the site, surroundings and environmer
settings, is consistent with the various elements and objectives of the General Plan, v
the proposed use is to be located, and will not adversely impact the site, surroundings 10
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not be detrimental to existing uses or to uses specifically permitted in the area in wh
traffic circulation, in that:
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A. The proposed architectural design is compatible in design, color, a1
materials with the existing building and the required onsite parking
provided. That the neighboring commercial buildings are of similar mf
and design
B. The site is designated for Office and Related Commercial (0) land uses
the General Plan. MedicaYdental office is a permitted use in the Resident
Professional (RP) Zone, however, a Site Development Plan is requir
because the site is subject to a Qualified Development Overlay. The use
consistent with the land uses allowed by the RP-Q and will serve t
surrounding community.
C. The project will be an addition to an existing building and on a portion of tl
site which has been graded within the setback limitations prescribed by tl
RP zone.
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~ D. An analysis of the project’s projected traffic volumes indicate that the ADT generated by the addition will not significantly impact key intersectio
or street segments in the project area. No mitigation in the form of roadw
improvements is necessary.
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24 2. That the site for the intended use is adequate in size and shape to accommodate the use,
materials and color; has been designed within the limitations of the buildir 25
that the addition is designed to match the existing structure in architectural sty1
26 setbacks and maximum height prescribed by the RP Zone; and, all requirc
parking is provided.
27 3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adj,
28 the requested use to existing or perrnitted future uses in the neighborhood will 1
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provided and maintained, in that all required building setbacks, fencing and heii
limits have been observed or provided.
4. That the street systems serving the proposed use are adequate to properly handle
traffic generated by the proposed use, in that the current ADT of Las Flores Drivc
approximately 5,500 and that the project will add 38 ADT based on the SANDl
traffic generation rate of 50 ADT per 1,000 square feet of medical office. Las Flo
Drive was designed to accommodate up to 10,000 ADT and can therefore ea!
accommodate the projected increase in ADT. No additional street improveme
are necessary.
5. That the Planning Director has determined that the project belongs to a class of projt
that the State Secretary for Resources has found do not have a significant impact on
environment, and it is therefore categorically exempt from the requirement for
preparation of environmental documents pursuant to Section 15301 Existing Facilities
the state CEQA Guidelines. In making this determination, the Planning Director I
found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do 1
apply to this project.
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6. That the project is consistent with the City’s Landscape Manual (Carlsbad Munici:
Code Section 14.28.020 and Landscape Manual Section I B).
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7. The Planning Commission has reviewed each of the exactions imposed on the Develo]
contained in this resolution, and hereby finds, in this case, that the exactions are impo:
to mitigate impacts caused by or reasonably related to the project, and the extent and
degree of the exaction is in rough proportionality to the impact caused by the project.
8. The project is consistent with the City-Wide Facilities and Improvements Plan, the Lo
Facilities Management Plan for Zone 1 and all City public facility policies t
ordinances. The project has been conditioned to provide funding to ensure that
facilities and improvements will be installed to serve new development prior to
concurrent with need. Specifically,
20 A. The Public Facility fee is required to be paid by Council Policy No. 17 and will
collected prior to the issuance of building permit. 21
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Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to buildi
permit issuance.
1. All of the conditions of Planning Commission Resolution 4720 shall supersede
conditions of Planning Commission Resolution, 2450, the approving resolution 1
SDP 85-04.
27 2. If any of the following conditions fail to occur; or if they are, by their terms, to
implemented and maintained over time, if any of such conditions fail to be
28 implemented and maintained according to their terms, the City shall have the right
revoke or modi@ all approvals herein granted; deny or further condition issuance of
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future building permits; deny, revoke or further condition all certificates of occupal
issued under the authority of approvals herein granted; institute and prosecute litigatior
compel their compliance with said conditions or seek damages for their violation.
vested rights are gained by Developer or a successor in interest by the City’s approva:
this Site Development Plan Amendment.
3. Staff is authorized and directed to make, or require the Developer to make, all correctic
and modifications to the Site Development Plan documents, as necessary to make thl
internally consistent and in conformity with the final action on the project. Developm,
shall occur substantially as shown on the approved Exhibits. Any proposed developm,
different from this approval, shall require an amendment to this approval.
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4. The Developer shall comply with all applicable provisions of federal, state, and lo
ordinances in effect at the time of building permit issuance.
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5. If any condition for construction of any public improvements or facilities, or the payrn
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Proj
are challenged, this approval shall be suspended as provided in Government Code Sect;
66020. If any such condition is determined to be invalid this approval shall be inva
unless the City Council determines that the project without the condition complies w
all requirements of law.
6. The Developer/Operator shall and does hereby agree to indemnify, protect, defend a
hold harmless the City of Carlsbad, its Council members, officers, employees, agents, a
representatives, from and against any and all liabilities, losses, damages, demands, clai~
and costs, including court costs and attorney’s fees incurred by the City arising, direc
or indirectly, from (a) City’s approval and issuance of this Site Development PI
Amendment, (b) City’s approval or issuance of any permit or action, whet1
discretionary or non-discretionary, in connection with the use contemplated herein, a
(c) Developer/Operator’s installation and operation of the facility permitted herek
including without limitation, any and all liabilities arising from the emission by t
facility of electromagnetic fields or other energy waves or emissions.
7. The Developer shall submit a reproducible 24” x 36”, mylar copy of the Site Plan to t
Planning Department reflecting the conditions approved by the final decision maki
body.
8. Developer shall submit to the City a Notice of Restriction to be filed in the office oft
County Recorder, subject to the satisfaction of the Planning Director, notifying
interested parties and successors in interest that the City of Carlsbad has issued a S.
Development Plan (SDP 85-04(A)) by Resolution No. 4720 on the real property own1
by the Developer. Said Notice of Restriction shall note the property description, locatic
of the file containing complete project details and all conditions of approval as well
any conditions or restrictions specified for inclusion in the Notice of Restriction. 1
Planning Director has the authority to execute and record an amendment to the noti’
which modifies or terminates said notice upon a showing of good cause by the Develop
or successor in interest.
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9. Developer shall construct, install and stripe not less than 21 parking spaces and
parking lot on the southern portion of the property at 1277 Las Flores Drive (A:
landscape improvements, as shown on Exhibit “B” at such time that the existi
3 156-120-43-00) is no longer available for parking required by SDP 85-04(A).
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10. This project shall comply with all conditions and mitigation measures which are requi
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that Plan prior to the issuance of building permits.
as part of the Zone 1 Local Facilities Management Plan and any amendments made
11. Building permits will not be issued for this project unless the local agency provid
adequate water service and sewer facilities, respectively, are available to the project at 8
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time of the application for the building permit, and that water and sewer capacity :
facilities will continue to be available until the time of occupancy.
7 water and sewer services to the project provides written certification to the City t
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12. The Developer shall pay its fair share for the “short-term improvements” to the
Camino ReaWalomar Airport Road intersection prior to the issuance of a build
permit. The amount shall be determined by the methodology ultimately selected
Council, including but not limited to, an increase in the city-wide traffic impact fee;
increased or new Zone 1 LFMP fee; the creation of a fee or assessment district;
incorporation into a Mello-Roos taxing district.
14 13. Prior to occupancy, the applicant shall treat the existing building with the sa:
exterior treatment as the addition to the satisfaction of the Planning Director w
15 the intention of blending the two together so that there is no discernible differel
between the existing building and the addition.
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14. The Developer shall submit and obtain Planning Director approval of a Final Landsc:
and Irrigation Plan showing conformance with the City’s Landscape Manual. 1
Developer shall construct and install all landscaping concurrent with parking
improvements when required as shown on the Final Plans approved at that time, 2
maintain all landscaping in a healthy and thriving condition, fiee fiom weeds, trash, 2
debris. All parking lot trees shall be a minimum size of 15 gallon.
15. Any signs proposed for this development shall at a minimum be designed in con for ma^
with the City’s Sign Ordinance and shall require review and approval of the Plann
Director prior to installation of such signs.
16. The trash receptacle area shall be enclosed by a six-foot high masonry wall with ga
pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.1
Location of said receptacles shall be approved by the Planning Director. Enclosure sl
be of similar colors andor materials to the project to the satisfaction of the Plann
Director.
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FeedAPreements
17. The developer shall pay all current fees and deposits required.
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18. The owner of the subject property shall execute an agreement holding the City harm1
regarding drainage across the adjacent property. This project proposes to dr:
westerly through a CalTrans drainage system. Prior to the issuance of buildj
permits a license agreement or other form of permission from the owner of 1
facility shall be obtained to allow for the proposed drainage system to be connecl
offsite. The specific agreement, form and content, shall be approved by the C
Engineer.
Grading
19. Based upon a review of the proposed grading as shown on the site plan, a gradj
permit for this project is NOT required. The developer shall incorporate the propos
drainage and site design into the building plans for this project.
20. Prior to hauling dirt or construction materials to or from the site, the developer sk
submit to and receive approval from the City Engineer for the proposed haul route. I
developer shall comply with all conditions and requirements the City Engineer IT
impose with regards to the hauling operation.
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with the Carlsbad Municipal Code and the City Engineer.
Dedicationfimprovernents
2 1. The developer shall exercise special care during the construction phase of this project
prevent offsite siltation. Planting and erosion control shall be provided in accordal
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22. The owner shall grant an easement for Reciprocal Access across this site to t
adjacent parcels. This easement shall run with the land as part of a circulati
network connecting parking lots from Pi0 Pic0 and Las Flores Drive. Fencing sh
be removed as necessary to provide said reciprocal access, all in accordance w:
City Standards.
23. The developer shall comply with the City's requirements of the National Pollut;
Discharge Elimination System (NPDES) permit. The developer shall provide b
management practices as referenced in the "California Storm Water Best Managemi
Practices Handbook" to reduce surface pollutants to an acceptable level prior to discha
to sensitive areas. Plans for such improvements shall be approved by the City Engineel
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24. All owners and tenants shall coordinate efforts to establish or work with establish
disposal programs to remove and properly dispose of toxic and hazardous waste produc
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25. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifree:
solvents, paints, paint thinners, wood preservatives, and other such fluids shall not
discharged into any street, public or private, or into storm drain or storm wa
conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticid
fertilizers and other such chemical treatments shall meet Federal, State, County and C
requirements as prescribed in their respective containers.
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1 26. Best Management Practices shall be used to eliminate or reduce surface pollutants wl
2 planning any changes to the landscaping and surface improvements.
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27. The structural section for the access aisles must be designed with a traffic index of 5.(
accordance with City Standards due to truck access through the parking area andor ai:
with an ADT greater than 500. The structural pavement design of the aisle ways shall
submitted together with required R-value soil test information and approved by the (
as part of the building site plan review.
28. The location of any improvements within the City of Carlsbad sewer easement shall
subject to future agreement with the Carlsbad Municipal Water District. No trees shal:
allowed within the ten foot sewer easement. Small trees or shrubs with root penetrati
less than ten feet may be placed as approved by the Carlsbad Municipal Water Dish
Utilities and Maintenance.
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30. This approval shall become null and void if building permits are not issued for t 14
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Note: The project is subject to all applicable provisions of local ordinances, including but l2
Code Reminders 11
29. Drainage facilities shall be designed to accept drainage from the properties to the east.
3 1. Approval of this request shall not excuse compliance with all applicable sections of
16 Zoning Ordinance and all other applicable City ordinances in effect at time of build
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limited to the following code requirements.
project within 18 months from the date of project approval.
permit issuance, except as otherwise specifically provided herein. .
32. The project shall comply with the latest non-residential disabled access requireme
pursuant to Title 24 of the State Building Code.
33. All roof appurtenances, including air conditioners, shall be architecturally integrated i
substance as provided in Building Department Policy No. 80-6, to the satisfaction of
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Directors of Community Development and Planning. 21
concealed from view and the sound buffered from adjacent properties and streets,
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34. Addresses, approved by the Building Official, shall be placed on all new and existi
buildings so as to be plainly visible from the street or access road; color of identificatj
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Municipal Code Section 18.04.320. 24
andor addresses shall contrast to their background color, as required by Carlsl
26 I1 NOTICE
27 Please take NOTICE that approval of your project includes the “imposition” of fc
28 dedications, reservations, or other exactions hereafter collectively referred to for convenience
Yees/exactions.”
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You have 90 days from date of final approval to protest imposition of these fees/exactions.
you protest them, you must follow the protest procedure set forth in Government Code Secti
66020(a), and file the protest and any other required information with the City Manager
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timl
follow that procedure will bar any subsequent legal action to attack, review, set aside, void,
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactic
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planni:
zoning, grading or other similar application processing or service fees in connection with tJ
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been giv
a NOTICE similar to this, or as to which the statute of limitations has previously othenv
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the planni
Commission of the City of Carlsbad, California, held on the 15th day of March, 2000, by 1
following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, L’Heureux,
Nielsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
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!Ah-
MICHAEL J. HOBMIIXER
Planning Director
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