HomeMy WebLinkAbout2001-02-07; Planning Commission; Resolution 49181
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PLANNING COMMISSION RESOLUTION NO. 4918
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE
DEVELOPMENT PLAN AMENDMENT SDP 80-03(B) TO
ALLOW THE CONSTRUCTION OF A 3,254 SQUARE FOOT
EXPANSION TO THE EXISTING OFFICE BUILDING/TELEVI-
SION STUDIO TO INCLUDE A SIGNAL PROCESSING
FACILITY, ROOF-MOUNTED SATELLITE DISH AND
GROUND-MOUNTED GENERATOR ON PROPERTY
GENERALLY LOCATED AT THE NORTHEAST CORNER OF
FARADAY AVENUE AND EL CAMINO REAL IN LOCAL
FACILITIES MANAGEMENT ZONE 5.
CASE NAME: DANIELS CABLEVISION EXPANSION
CASE NO.: SDP 80-03(B)
WHEREAS, JM Consulting Group, Inc., “Developer”, has filed a verified
application with the City of Carlsbad regarding property owned by Daniels Cablevision,
“Owner”, described as
Parcel 1 of Parcel Map No. 13199, Bled in the Office of the
County Recorder on February 29, 1984, 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 Development
Plan Amendment as shown on Exhibits “A” - “E”, dated February 7, 2001, on file in the
Planning Department, DANIELS CABLEVISION EXPANSION as provided by Chapter 21.06
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 7th day of February, 2001,
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 testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Site Development Plan Amendment
WHEREAS, on June 25, 1980, the Planning Commission approved, SDP 80-03,
as described and conditioned in Planning Commission Resolution No. 1661
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WHEREAS, on September 19, 1990, the Planning Commission approved, SDP
80-03(A), as described and conditioned in Planning Commission Resolution No. 3097.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Planning
Commission APPROVES DANIELS CABLEVISION EXPANSION - SDP
80-03(B) based on the following findings and subject to the following
conditions:
Findings:
1.
2.
3.
4.
5.
That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan, will
not be detrimental to existing uses or to uses specifically permitted in the area in which
the proposed use is to be located, and will not adversely impact the site, surroundings or
traffic circulation, in that the signal processing facility and associated satellite dish
and generator are typical and complementary ancillary uses for the existing cable
television office and studio; and the architecture and materials of the expansion
would match the existing building.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that signal processing facility and associated ground-mounted generator fit within
the existing developed portion of the site without the need for removal of parking,
circulation or mature landscaping.
That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that the expansion does not encroach into the required
setback from El Camino Real; all existing mature landscaping is to remain; and
both the roof-mounted satellite dish and ground-mounted generator are screened by
walls matching the architecture of the existing building.
That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the project site is served by El Camino Real, a
prime arterial with a capacity of over 40,000 ADT, and Faraday Avenue, a collector
street with a capacity of up to 20,000 ADT, and proposed expansion would generate
52 additional ADT which can easily be accommodated by these roadways.
That the Planning Director has determined that the project belongs to a class of projects
that the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15301(e)(2) - Existing
Facilities of the state CEQA Guidelines. In making this determination, the Planning
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6.
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Director has found that the exceptions listed in Section 15300.2 of the state CEQA
Guidelines do not apply to this project.
The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City’s General Plan, based on the facts set forth in
the staff report dated February 7, 2001, including but not limited to the following:
a. The proposed signal processing facility and antenna are ancillary uses to the
existing office and television studio, which are consistent with the Planned
Industrial designation;
b. The project design maintains adequate access, circulation, parking and
landscaping; and
C. The proposed signal processing facility is designed in accordance with seismic
design standards.
The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 5 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; tire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
Specifically:
a. The project has been conditioned to provide proof from the Carlsbad School
District that the project has satisfied its obligation for school facilities.
b. The Public Facility fee is required to be paid by Council Policy No. 17 and
will be collected prior to the issuance of building permit.
c. The Local Facilities Management fee for Zone 5 is required by Carlsbad
Municipal Code Section 21.90.050 and will be collected prior to issuance of
building permit.
That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building or
grading permit, whichever occurs first.
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1.
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3.
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5.
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8.
If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Site Development Plan Amendment.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Development Plan Amendment documents, as necessary
to make them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
The Developer shall comply with all applicable provisions of federal, state, and local
laws and regulations in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Site Development Plan
Amendment, (b) City’s approval or issuance of any permit or action, whether
discretionary or non-discretionary, in connection with the use contemplated herein, and
(c) Developer/Operator’s installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions.
The Developer shall submit to Planning Department a reproducible 24” x 36”, mylar
copy of the Site Plan reflecting the conditions approved by the final decision making
body.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the School District that this project has satisfied its obligation to provide
school facilities.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 5 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits, including but not limited to the
payment of non-residential Local Facilities Management Plan park-in-lieu fees.
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9.
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Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
This approval is granted subject to the approval of SUP 90-02(A) and is subject to all
conditions contained in Planning Commission Resolution No. 4919 for the other
approval.
This approval shall become null and void if building permits are not issued for this
project within 18 months from the date of project approval.
The Developer is aware that the City is preparing a non-residential housing impact fee
(linkage fee) consistent with Program 4.1 of the Housing Element. The applicant is
further aware that the City may determine that certain non-residential projects may have
to pay a linkage fee, in order to be found consistent with the Housing Element of the
General Plan. If a linkage fee is established by City Council ordinance and/or resolution
and this project becomes subject to a linkage fee pursuant to said ordinance and/or
resolution, then the Developer, or his/her/their successor(s) in interest shall pay the
linkage fee. The linkage fee shall be paid at the time of issuance of building permits,
except for projects involving a request for a non-residential planned development for an
existing development, in which case, the fee shall be paid on approval of the final map,
parcel map or certificate of compliance, required to process the non-residential PUD,
whichever pertains. If linkage fees are required for this project, and they are not paid, this
project will not be consistent with the General Plan and approval for this project will
become null and void.
The Developer shall submit and obtain Planning Director approval of a Final Landscape
and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan
and the City’s Landscape Manual. The Developer shall construct and install all
landscaping as shown on the approved Final Plans, and maintain all landscaping in a
healthy and thriving condition, free from weeds, trash, and debris.
The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Department and accompanied by the
project’s building, improvement, and grading plans.
Developer shall submit to the City a Notice of Restriction to be tiled in the office of the
County Recorder, subject to the satisfaction of the Planning Director, notifying all
interested parties and successors in interest that the City of Carlsbad has issued a Site
Development Plan Amendment, and Special Use Permit Amendment by Resolutions
No. 4918 and 4919 on the real property owned by the Developer. Said Notice of
Restriction shall note the property description, location of the file containing complete
project details and all conditions of approval as well as any conditions or restrictions
specified for inclusion in the Notice of Restriction. The Planning Director has the
authority to execute and record an amendment to the notice which modifies or terminates
said notice upon a showing of good cause by the Developer or successor in interest.
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16.
17.
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19.
20.
The Developer shall construct trash receptacle and recycling areas enclosed by a six-foot
high masonry wall with gates pursuant to City Engineering Standards and Carlsbad
Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the
Planning Director. Enclosure shall be of similar colors and/or materials to the project to
the satisfaction of the Planning Director.
No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
When so required, the Developer shall submit and obtain approval of the Fire Chief and
the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
approved plan.
Approval of SDP 80-03(B) supplements the approval of SDP 80-03 and SDP 80-
03(A). All conditions of approval of Planning Commission Resolutions No. 1661 and
3097 remain in full force and effect except as modified herein.
Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #l special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 5, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.
Engineering
21. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
22. Prior to issuance of any building permit, Developer shall comply with the requirements of
the City’s anti-graffiti program for wall treatments if and when such a program is
formally established by the City.
23. The developer shall pay all current fees and deposits required.
24. Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City’s standard form Drainage Hold Harmless Agreement regarding
drainage across the adjacent property.
25. Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City’s standard form Encroachment Agreement regarding the patio and
landscape improvements along Faraday Avenue. The patio, wall, irrigation and
landscape improvements may remain until the commencement of construction to
Faraday Avenue pending approval of the encroachment agreement.
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31.
Developer shall cause property owner to execute, record and submit a recorded copy to
the City Engineer, a deed restriction on the property which relates to the proposed cross
lot drainage as shown on the site plan, The deed restriction document shall be in a form
acceptable to the City Engineer and shall:
A.
B.
Clearly delineate the limits of the drainage course;
State that the drainage course is to be maintained in perpetuity by the underlying
property owner; and
C. State that all future use of the property along the drainage course will not restrict,
impede, divert or otherwise alter drainage flows in a manner that will result in
damage to the underlying and adjacent properties or the creation of a public
nuisance.
Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer to the annexation of the area
shown within the boundaries of the subdivision into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1, on a form provided by the City Engineer.
Based upon a review of the proposed grading and the grading quantities shown on the site
plan a grading permit for this project may be required. Developer shall apply for and
obtain a grading permit from the City Engineer prior to the issuance of a building permit
for the project. If the developer can substantiate adequate soils conditions, drainage
pattern, and earthwork volumes, a permit may be exempted based on section
1516.060 of tbe Municipal Code.
Prior to issuance of grading or building permits the developer shall cause Owner to make
an irrevocable offer of dedication to the City for 2 feet of right of way along the north
side of Faraday Avenue. The offer shall be made by a separate recorded document. All
land so offered shall be offered free and clear of all liens and encumbrances and without
cost to the City. Streets that already public are not required to be rededicated.
Developer shall cause Owner to waive direct access rights by separate document and
provide proof of recordation to the City Engineer prior to the issuance of a building
permit for this site abutting El Camino Real.
Developer shall comply with the City’s requirements of the National Pollutant Discharge
Elimination System (NPDES) permit. Developer shall provide improvements constructed
pursuant to best management practices as referenced in the “California Storm Water Best
Management Practices Handbook” to reduce surface pollutants to an acceptable level
prior to discharge to sensitive areas. Plans for such improvements shall be submitted to
and subject to the approval of the City Engineer. Said plans shall include but not be
limited to notifying prospective owners and tenants of the following:
A. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
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hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
32. The satellite antenna or appurtenance shall not be constructed on any easement without
the easement holder’s permission.
Fire Department:
33. The addition must be equipped with a fire sprinkler system to the satisfaction of the Fire
Marshal.
Code Reminders:
34.
35.
36.
37.
38.
The Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
Any signs proposed for this development shall at a minimum be designed in conformance
with the City’s Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
Developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
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You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given
a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 7th day of February 2001, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Compaq Heineman,
L’Heureux, Nielsen, and Trigas
NOES:
ABSENT:
ABSTAIN:
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CARLSBAD PLAkING COEISSION
ATTEST:
Planning Director
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