HomeMy WebLinkAbout2004-10-06; Planning Commission; Resolution 57441
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PLANNING COMMISSION RESOLUTION NO. 5744
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
ALLOW THE DEVELOPMENT OF FOUR INDUSTRIAL/
OFFICE BUILDINGS ON A SITE GENERALLY LOCATED ON
THE SOUTH SIDE OF FARADAY AVENUE AND EAST OF
MENT ZONE 5.
DEVELOPMENT PLAN AMENDMENT SDP 97-08(B) TO
EL CAMINO REAL WITHIN LOCAL FACILITIES MANAGE-
CASENAME: CARLSBAD CORPORATE CENTER -
PARCEL C
CASE NO.: SDP 97-08(B)
WHEREAS, H. G. Fenton Company, “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by H. G. Fenton Company/
Fenton Carlsbad LLC, “Owner,” described as
Parcel C of Minor Subdivision No. 98-11 in the City of
Carlsbad, County of San Diego, State of California, according
to Parcel Map No. 18416, filed in the Office of the County
Recorder of San Diego County on January 26,2000 as File No.
2000-39031 of official records
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan Amendment as shown on Exhibits “A” - “N” dated October 6, 2004, on file in the
Carlsbad Planning Department, CARLSBAD CORPORATE CENTER - PARCEL C - SDP
97-08(B) as provided by Chapter 21.06 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 6th day of October 2004, 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 SDP.
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 hearin
OS(B), based on the following findings and subject to the following conditions:
the Commission
APPROVES CARLSBAD CORPORATE CENTER - PARCEL C - SDP 97-
Findinps:
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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 project is consistent with all applicable elements and
objectives of the General Plan. The project will have no impacts on surrounding
existing industrial and office uses. The project provides a 30-foot landscaped
setback from El Camino Real and is consistent with the El Camino Real Corridor
Development Standards.
That the site for the intended use is adequate in size and shape to accommodate the use,
in that the project complies with all City policies and standards including the M-Q
(Industrial-Qualified Development Overlay Zone) and the standards and design
criteria established by the El Camino Real Corridor Development Standards.
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 is consistent with the design standards of
the M-Q zone and the El Camino Real Corridor Development Standards. A
minimum 30-foot landscaped setback is provided along the frontage of El Camino
Real. Adequate vehicle circulation and landscaping is provided on-site.
That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the subject site will have access from El Camino
Real which is a fully improved public street and is adequate to accommodate the
traffic generated by this project.
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. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
will be collected prior to issuance of building permits.
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.
PC RES0 NO. 5744 -2-
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6. The Planning Commission of the City of Carlsbad does hereby find:
a. it has reviewed, analyzed and considered the Mitigated Negative Declaration, the
environmental impacts therein identified for this project and said comments
thereon, and Mitigation, Monitoring and Reporting Program (the Program), on
file in the Planning Department, prior to APPROVAL of the project; and
b. the Mitigated Negative Declaration and the Program have been prepared in
accordance with requirements of the California Environmental Quality Act, the
State Guidelines and the Environmental Protection Procedures of the City of
Carlsbad; and
c. they reflect the independent judgment of the Planning Commission of the City of
Carlsbad; and
d. based on the EIA Part I1 and comments thereon, the Planning Commission, finds
that there is no substantial evidence the project will have a significant effect on
the environment.
7. The Planning Commission hereby finds that the Program is designed to ensure that
during project implementation the Developer and any other responsible parties implement
the project components and comply with the feasible mitigation measures identified in
the CEQA Findings and the Program.
8. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
9. 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
grading permit or building permit, whichever occurs first.
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 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; record a notice of violation on the
property title; 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.
PC RES0 NO. 5744 -3-
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Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Development Plan 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.
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.
Developer shall implement, or cause the implementation of the Project Mitigation
Monitoring and Reporting Program.
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, and
(b) City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein. 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 the Planning Department a reproducible 24” x 36” mylar
copy of the Site Plan reflecting the conditions approved by the final decision making
body.
This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program and SUP 97-05(B) and is subject
to all conditions contained in Planning Commission Resolution No. 5743 and 5745 for
those other approval.
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.
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.
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.
PC RES0 NO. 5744 -4-
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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 andor 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.
Prior to the issuance of building 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 Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program, Site Development Plan and Special Use Permit
by Resolution No. 5743, 5744 and 5745 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.
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.
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 5, 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.
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. 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.
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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.
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.
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.
The owner shall record a deed restriction on the property prior to the issuance of
building permits indicating that manufacturing and warehouse standards have been
used in the determination of adequacy of parking, these uses will be retained and no
other uses or combination of uses creating a need for additional parking will be
permitted unless more parking is provided to meet City standards on a cumulative
basis.
No residential or retail uses shall be allowed except the following: retail uses limited
to the sales of goods and services required for the convenience of the occupants of
the zone.
Engineering
General
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All conditions of SDP 97-OSA are incorporated herein by reference and shall be
completed concurrent with the development of this project, unless otherwise noted.
Developer shall submit to the City Engineer, a reproducible 24" x 36" mylar copy of the
tentative map and a digital copy of said map (in AutoCAD format, latest version)
reflecting the conditions approved by the final decision making body. The reproducible
shall be submitted to the City engineer, reviewed and, if acceptable, signed by the City's
project engineer and project planner prior to submittal of the building plans, final map,
improvement or grading plans, whichever occurs first. The digital file copy shall be
submitted in a format as approved by the City Engineer.
Prior to the issuance of any building permit, The Developer shall comply with the
requirements of the City's anti-graffiti program for wall treatments if and when the City
formally establishes such a program.
Prior to hauling dirt or construction materials to or from this project, the developer shall
submit to and receive approval from the City Engineer for the proposed haul route. The
developer shall comply with all conditions and requirements the City Engineer may
impose with regards to the hauling operation.
PC RES0 NO. 5744 -6-
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26. The developer shall provide for sight distance corridors at all street intersections in
accordance with Engineering Standards. The limits of these sight distance corridors
shall be reflected on any grading, or landscape plan prepared in association with
this development.
"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.
FeedAgreemen ts
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The developer shall pay all current fees and deposits required.
Prior to the approval of a grading or building permit whichever occurs first,
Developer shall contribute a pro-rata share for the cost of street widening and
traffic signal relocation to the east leg of Faraday Avenue and El Camino Real. The
fair share contribution shall be based upon CalTrans method of analysis approved
by the City Engineer.
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.
Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other
recorded document, for maintaining the private easements within the subdivision and all
the private improvements: streets, sidewalks, 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 project.
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
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
already public are not required to be rededicated.
Additional drainage easements may be required. Developer shall dedicate and provide or
install drainage structures, as may be required by the City Engineer, prior to or concurrent
with any grading or building permit.
Developer shall provide for the design of all driveways, aisles and drainage systems to
the satisfaction of the City Engineer. The structural section of all private streets shall
conform to City of Carlsbad Standards based on R-value tests. All private streets and
drainage systems shall be inspected by the City. Developer shall pay the standard
improvement plancheck and inspection fees.
PC RES0 NO. 5744 -7-
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Grading
34. Based upon a review of the proposed grading and the grading quantities shown on the site
development plan, an additional grading permit for this project is required. A precise
grading plan will be required for the final grading proposed by the placement of
development.
35. Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a “Storm Water Management Plan (SWMP).”
The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
Stormwater Management 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.
d.
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f.
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 employee education on the proper
procedures for handling clean up and disposal of pollutants;
ensure long-term maintenance of all post construct 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.
Code Reminber
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
36. 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.
37. Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
38. 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 the 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 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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 6th day of October 2004, by the
following vote, to wit:
AYES: Vice Chairperson Baker, Commissioners Cardosa, Dominguez,
Montgomery, and Segall
NOES:
ABSENT: Chairperson Whitton and Commissioner Heineman
ABSTAIN: N JWR, Vice Chairperson
C LSB PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5744 -9-