HomeMy WebLinkAbout2003-12-03; Planning Commission; Resolution 55081
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PLANNING COMMISSION RESOLUTION NO. 5508
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
ACRES INTO SIX LOTS ON PROPERTY GENERALLY
LOCATED NORTH OF CORTE DEL NOGAL AND EAST OF
MENT ZONE 5.
CASE NAME: CARLSBAD OFFICE PARK
CARLSBAD TRACT NUMBER CT 03-08 TO SUBDIVIDE 4.02
CAMINO VIDA ROBLE IN LOCAL FACILITIES MANAGE-
CASE NO.: CT 03-08
WHEREAS, Carlsbad Corporate Center, LP, as “Developer/Owner,” has filed
a verified application with the City of Carlsbad regarding property described as
A portion of lots 1 and 4 of City of Carlsbad Tract 80-34, in the
City of Carlsbad, County of San Diego, State of California,
according to map thereof no. 10062, filed in the office of the
County Recorder of San Diego County on April 15,1981 as file
no. 81-115130 of official records. Also being a portion of
parcel “B” of Certificate of Compliance recorded April 8,1986
as file no. 86-136023 of official records of said San Diego
County
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibit “A” dated December 3, 2003, on file in the Planning Department
CARLSBAD OFFICE PARK - CT 03-08, as provided by Title 20 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 persons desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
APPROVES CARLSBAD OFFICE PARK - CT 03-08, based on the following
findings and subject to the following conditions:
FindinPs :
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5.
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7.
8.
That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, any
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State
Subdivision Map Act, and will not cause serious public health problems, in that; there
are adequate facilities in place to serve the proposed subdivision, and the project is
consistent with all Title 20 and Title 21 regulations governing subdivisions and the
design of non-residential planned developments.
That the proposed project is compatible with the surrounding fbture land uses since
surrounding properties are designated for Planned Industrial development on the
General Plan, in that the adjacent properties are developed with office and industrial
buildings.
That the site is physically suitable for the type and intensity of development since the site
is adequate in size and shape to accommodate non-residential development at the
intensity proposed, in that the project is consistent with all applicable development
standards of Title 20 and the P-M zone.
That the design of the subdivision or the type of improvements will not conflict with
easements of record or easements established by court judgment, or acquired by the
public at large, for access through or use of property within the proposed subdivision, in
that the subdivision and site design does not conflict with any easements of record.
That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
That the design of the subdivision provides, to the extent feasible, for future passive or
natural heating or cooling opportunities in the subdivision, in that lots are oriented and
provide separation for solar exposure and adequate air movement.
That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their
habitat, in that the site has no vegetative cover and is located in an urbanized setting.
That the discharge of waste from the subdivision will not result in violation of existing
California Regional Water Quality Control Board requirements, in that the project is
conditioned to adhere to City Engineering Standards and compliance with the
City’s Master Sewer and Drainage Plans and National Pollution Discharge
Elimination System (NPDES) standards.
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9.
10.
11.
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13.
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 December 3,2003, including, but not limited to the following:
A. Land Use - The project, consisting of the subdivision of a 4.02-acre site into 6
lots, is consistent with the City’s General Plan Planned Industrial (PI) land
use designation.
B. Circulation - The project is served by Corte Del Nogal and has direct access to
public streets. The streets adjacent to the project site are adequate to serve
the traffic generated by this project.
C. Noise - Noise levels impacting the site will not exceed 60 CNEL. The project
will not, by the passive nature of the use, generate a significant amount of
noise.
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; 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,
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. 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 project is consistent with the Comprehensive Land Use Plan (CLUP) for the
McClellan-Palomar Airport, in that as conditioned the applicant shall record a Notice
concerning aircraft noise. The project is compatible with the projected noise levels of
the CLUP; and, based on the noise/land use compatibility matrix of the CLUP, the
proposed land use is compatible with the airport, in that the development is outside the
60 CNEL contour which designates office and industrial development as a
compatible land use.
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
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environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15332 - In Fill
Development Projects 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.
14. 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 approval of a
final map.
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 hrther 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 Tentative Map.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Tentative Map 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. The Developer shall comply with all applicable provisions of federal, state, and local
ordinances 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.
5. 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 Tentative Map, (b) City’s
approval or issuance of any permit or action, whether discretionary or non-discretionary,
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6.
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in connection with the use contemplated herein, and (c) DeveloperDperator'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 the Planning Department a reproducible 24" x 36" mylar
copy of the Tentative Map reflecting the conditions approved by the final decision
making body.
This approval is granted subject to the approval of the PUD 03-05 and is subject to all
conditions contained in Planning Commission Resolution No. 5509 for that other
approval incorporated herein by reference.
Prior to the recordation of a Final Map, 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.
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.
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. A note to this effect
shall be placed on the Final Map.
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 andor
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 establish an owner's association and corresponding covenants,
conditions and restrictions. Said CC&Rs shall be submitted to and approved by the
Planning Director prior to final map approval. The CC&Rs shall adequately address
maintenance of all common landscaped areas, employee eating area, and paved
access and parking areas. Prior to recordation of Final Map the Developer shall provide
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the Planning Department with a recorded copy of the official CC&Rs that have been
approved by the Department of Real Estate and the Planning Director. At a minimum,
the CC&Rs shall contain the following provisions:
A.
B.
C.
D.
General Enforcement by the City. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in
favor of, or in which the City has an interest.
Notice and Amendment. A copy of any proposed amendment shall be provided to
the City in advance. If the proposed amendment affects the City, City shall have
the right to disapprove. A copy of the final approved amendment shall be
transmitted to City within 30 days for the official record.
Failure of Association to Maintain Common Area Lots and Easements. In the
event that the Association fails to maintain the “Common Area Lots and/or the
Association’s Easements” as provided in Article
the City shall have the right, but not the duty, to perform the necessary
maintenance. If the City elects to perform such maintenance, the City shall give
written notice to the Association, with a copy thereof to the Owners in the Project,
setting forth with particularity the maintenance which the City finds to be required
and requesting the same be carried out by the Association within a period of thirty
(30) days from the giving of such notice. In the event that the Association fails to
carry out such maintenance of the Common Area Lots and/or Association’s
Easements within the period specified by the City’s notice, the City shall be
entitled to cause such work to be completed and shall be entitled to
reimbursement with respect thereto from the Owners as provided herein.
, Section
Special Assessments Levied by the Citv. In the event the City has performed the
necessary maintenance to either Common Area Lots and/or Association’s
Easements, the City shall submit a written invoice to the Association for all costs
incurred by the City to perform such maintenance of the Common Area Lots and
or Association’s Easements. The City shall provide a copy of such invoice to
each Owner in the Project, together with a statement that if the Association fails to
pay such invoice in fill within the time specified, the City will pursue collection
against the Owners in the Project pursuant to the provisions of this Section. Said
invoice shall be due and payable by the Association within twenty (20) days of
receipt by the Association. If the Association shall fail to pay such invoice in full
within the period specified, payment shall be deemed delinquent and shall be
subject to a late charge in an amount equal to six percent (6%) of the amount of
the invoice. Thereafter the City may pursue collection from the Association by
means of any remedies available at law or in equity. Without limiting the
generality of the foregoing, in addition to all other rights and remedies available to
the City, the City may levy a special assessment against the Owners of each Lot in
the Project for an equal prorata share of the invoice, plus the late charge. Such
special assessment shall constitute a charge on the land and shall be a continuing
lien upon each Lot against which the special assessment is levied. Each Owner in
the Project hereby vests the City with the right and power to levy such special
assessment, to impose a lien upon their respective Lot and to bring all legal
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actions and/or to pursue lien foreclosure procedures against any Owner and
hisher respective Lot for purposes of collecting such special assessment in
accordance with the procedures set forth in Article of this Declaration.
E. LandscaDe Maintenance Responsibilities. The Owners Associations and
individual lot or unit owner landscape maintenance responsibilities shall be as set
forth in Exhibit .
13. 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
Tentative Map and Non-residential Planned Development Permit by Resolutions No.
5508 and 5509 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.
14. The Developer shall comply with all the conditions set forth by PIP 02-03 approved
on August 13,2002, which are incorporated by reference herein.
En Pineering
General
15. Developer shall provide to the City Engineer, an acceptable means, CC&Rs andor other
recorded document, for maintaining the private easements within the subdivision and all
the private improvements: streets, sidewalks, dry utilities, street lights, and storm drain
facilities located therein and to distribute the costs of such maintenance in an equitable
manner among the owners of the properties within the subdivision.
16. There shall be one Final Map recorded for this project.
17. Developer shall install sight distance corridors at all street intersections in accordance
with Engineering Standards and shall record the following statement on the Final Map
(and in the CC&Rs).
"No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above
the street level may be placed or permitted to encroach within the area identified
as a sight distance corridor in accordance with City Standard Public Street-Design
Criteria, Section 8.B.3. The underlying property owner shall maintain this
condition."
FeedAgreements
18.
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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
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lot drainage as shown on the tentative map. 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 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.
19. 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
20. Prior to approval of the final map, all grading as shown on City of Carlsbad
drawing number DWG 404-3A shall be completed to satisfaction of the City
Engineer.
Dedicationsflmprovements
21.
22.
23.
24.
Developer shall cause Owner to execute a covenant of easement for private access and
private utility purposes as shown on the tentative map. The obligation to execute and
record the covenant of easement shall be shown and recording information called out on
the final map. The covenant of easements shall record concurrently with the final
map.
Prior to approval of the final map, all improvements as shown on City of Carlsbad
drawing number DWG 404-3 shall be completed to the satisfaction of the City
Engineer.
Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or
other appropriate entities for all public streets and other easements shown on the tentative
map, The offer shall be made on the final map. All land so offered shall be offered free
and clear of all liens and encumbrances and without cost. Streets that already public are
not required to be rededicated.
Except for the approved driveway location as shown on the tentative map, Developer
shall cause Owner to waive direct access rights on Camino Vida Roble and Corte Del
Nogal on the final map.
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25. Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit, latest version. 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
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.
Final Map Notes
26. Developer shall show on Final Map the net and gross acres for each lot.
27. Notes to the following effect shall be placed on the map as non-mapping data
A. All improvements are privately owned and are to be privately maintained with the
exception of the following:
i. The public water and sewer mains located onsite within an existing public
utility easement.
B. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above
the street level may be placed or permitted to encroach within the area identified
as sight distance corridors.
Special Conditions
28. The Average Daily Trips (ADT) and floor area contained in the staff report and
shown on the tentative map 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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Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
29. The tentative map shall expire twenty-four (24) months from the date this tentative map
approval becomes final.
30. 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.
31. Addresses, approved by the Building Official, shall be placed on all new and existing
buildings so as to be plainly visible from the street or access road; color of identification
and/or addresses shall contrast to their background color, as required by Carlsbad
Municipal Code Section 18.04.320.
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
“feedexac t ions .”
You have 90 days from date of 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 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 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 3rd 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
ATTEST:
MICHAEL J. HOLmILLm
Planning Director
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