HomeMy WebLinkAbout2003-12-03; Planning Commission; Resolution 55061
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PLANNING COMMISSION RESOLUTION NO. 5506
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
SQUARE FOOT OFFICE BUILDING ON PROPERTY
GENERALLY LOCATED SOUTH OF CARLSBAD VILLAGE
DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME:
DEVELOPMENT PLAN SDP 03-12 TO CONSTRUCT AN 8,891
1265 CARLSBAD VILLAGE DRIVE
CASE NO.: SDP 03-12
WHEREAS, Carlsbad Village Drive Investors, L.L.C., “Owner/Developer,”
has filed a verified application with the City of Carlsbad regarding property described as
A portion of Tract 119 within Map No. 1661 as filed March 1,
1915 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 as shown on Exhibits “A” - “J” dated December 3, 2003, on file in the Planning
Department, 1265 CARLSBAD VILLAGE DRIVE - SDP 03-12 as provided by Chapter
21.06/Section 21.53.120 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 3rd day of December, 2003,
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.
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 1265 CARLSBAD VILLAGE DRIVE - SDP 03-12
based on the following findings and subject to the following conditions:
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Findings:
1. 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 site General Plan designation of Office (0) requires
development of an office project on this property. In complying with all applicable
zoning requirements and city policies, there will be no adverse detrimental impacts
to existing uses in the area, or specifically permitted uses in the area.
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the project is not requesting any variances from city standards or policies, the
site does not present any unusual circumstances that would prevent the
development of an office building.
3. 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 project will use retaining walls for the grading of
the site and preparation for building construction. In addition, street trees and
onsite landscaping will be provided and maintained including the onsite
preservation of a mature olive tree in the site’s southwest corner. Thirty-six
parking spaces, compliant with the zoning requirements for an office building of
this size, will also be provided and maintained.
4. That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that Carlsbad Village Drive is a Major Arterial in
the City with a maximum design capacity of 20,000 - 40,000 average daily trips; as
an infill project, this site is estimated to generate approximately 180 trips per day
which is consistent with the City’s Traffic Projections and can be accommodated by
the Carlsbad Village Drive street system.
5. 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 15303(c) of the state CEQA
Guidelines. In making this determination, the Planning Director has found that the
exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this
project.
6. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone land 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; fire; 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,
PC RES0 NO. 5506 -2-
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a. The project has been conditioned to provide proof from the Carlsbad Unified
School District that the project has satisfied its obligation for school facilities.
b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
will be collected prior to issuance of building permit.
c. 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.
7. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
8. 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 the issuance of
a grading permit.
1. 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 fbrther 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.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the SDP 03-12 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.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. 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.
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5.
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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, (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. This obligation survives until
all legal proceedings have been concluded and continues even if the City’s approval is not
validated.
Developer shall submit to Planning Director 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 Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
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 shall become null and void if building permits are not issued for this
project within 18 months from the date of project approval.
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.
No medical or dental uses are allowed with this project.
Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
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13.
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the City's Landscape Manual. 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 final landscape plan shall specify
24" box sized trees for at least two trees on the buildings east elevation, adjacent to
Carlsbad Village Drive to the satisfaction of the Planning Director.
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 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 #1 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 1, pursuant to Chapter 21.90. All such
taxedfees shall be paid at issuance of building permit. If the taxedfees 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.
Prior to the issuance of the grading permit, Developer shall submit to the City a Notice
of Restriction to be filed 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 by Resolution No. 5506 on the
property. 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.
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.
Developer shall submit and obtain Planning Director approval of an exterior lighting plan
including parking areas. All lighting shall be designed to reflect downward and avoid any
impacts on adjacent homes or property.
Compact parking spaces shall be located in large groups, and in locations clearly marked
to the satisfaction of the Planning Director.
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En Pineering
General
20. 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.
21. 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.
22. Prior to occupancy, Developer shall install rain gutters to convey roof drainage to an
approved drainage course or street to the satisfaction of the City Engineer.
FeedAgreements
23. 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.
24. 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. Clearly delineate the limits of the drainage course;
b. State that the drainage course is to be maintained in perpetuity by the underlying
property owner; and
c. State that all fbture 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.
25. 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 and/or to the formation or annexation into an
additional Street Lighting and Landscaping District. Said written consent shall be
on a form provided by the City Engineer.
Grading
26. Based upon a review of the proposed grading and the grading quantities shown on the site
plan, a grading permit for this project is required. Developer shall apply for and obtain a
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grading permit from the City Engineer prior to issuance of a building permit for the
project.
Dedicationsfimprovements
27. Developer shall cause Owner to make an irrevocable offer of dedication to the City andor
other appropriate entities for all public streets and other easements shown on the site plan.
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. Streets that are
already public are not required to be rededicated.
28. Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a “Storm Water Management Plan (SW).”
The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
Runoff Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of the
California Regional Water Quality Control Board and City of Carlsbad Municipal Code.
The SWMP shall address measures to avoid contact or filter said pollutants from storm
water, to the maximum extent practicable, for the post-construction stage of the project.
At a minimum, the SWMP shall:
a.
b.
c.
identify existing and post-development on-site pollutants-of-concern;
identify the hydrologic unit this project contributes to and impaired water bodies
that could be impacted by this project;
recommend source controls and treatment controls that will be implemented with
this project to avoid contact or filter said pollutants from storm water to the
maximum extent practicable before discharging to City right-of-way;
establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to resident education on the proper
procedures for handling clean up and disposal of pollutants;
ensure long-term maintenance of all post construction BMPs in perpetuity; and
identify how post-development runoff rates and velocities from the site will not
exceed the pre-development runoff rates and velocities to the maximum extent
practicable.
d.
e.
f.
29. Prior to building permit or grading permit issuance, whichever occurs first Developer
shall have design, apply for and obtain approval of the City Engineer, for the structural
section for the access aisles with a traffic index of 5.0 in accordance with City Standards
due to truck access through the parking area and/or aisles with an ADT greater than 500.
The structural pavement design of the aisle ways shall be submitted together with
required R-value soil test information and approved by the City Engineer as part of the
building or grading plan review whichever occurs first.
Special Conditions
30. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on
the site plan are for planning purposes only. Developer shall pay traffic impact and sewer
impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal
Code, respectively.
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Water
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Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities. Developer shall pay the San Diego County Water
Authority capacity charge(s) prior to issuance of Building Permits.
The Developer shall install potable water services and meters at a location approved by
the District Engineer. The locations of said services shall be reflected on public
improvement plans.
The Developer shall install sewer laterals and clean-outs at a location approved by the
District Engineer. The locations of sewer laterals shall be reflected on public
improvement plans.
The Developer shall design and construct public water and sewer facilities substantially
as shown on the site plan to the satisfaction of the District Engineer. Proposed public
facilities shall be reflected on public improvement plans.
This project is approved upon the express condition that building permits will not be
issued for the development of the subject property, unless the District Engineer has
determined that adequate water and sewer facilities are available at the time of
occupancy.
Prior to issuance of building permits, the entire potable water and sewer system shall be
evaluated in detail to ensure that adequate capacity, pressure, and flow demands can be
met to the satisfaction of the District Engineer.
Code Reminders
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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.
Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
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.
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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.”
You have 90 days from date of final approval to protest imposition of these feedexactions. 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 feedexactions
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 feedexactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 3rd day of December 2003, by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Dominguez, Heineman,
Montgomery, Segall, White, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
R, Chairperson
PLANNING COMMISSION
ATTEST:
MICHAEL J. HOL~ILLE?~~
Planning Director
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