HomeMy WebLinkAbout2004-10-20; Planning Commission; Resolution 57411
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PLANNING COMMISSION RESOLUTION NO. 5741
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
CARLSBAD TRACT CT 04-07 TO ALLOW THE AIRSPACE
SUBDIVISION OF A TWO-STORY OFFICE BUILDING
CURRENLTY UNDER CONSTRUCTION INTO 49 SEPARATE
UNITS ON PROPERTY GENERALLY LOCATED AT THE
TERMINUS OF BALFOUR COURT WITHIN LOCAL
FACILITIES MANAGEMENT ZONE 5.
CASE NAME: BALFOUR COURT OFFICE CONDOMINIUMS
CASE NO.: CT 04-07
WHEREAS, SW Balfour, LLC, “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
Lot 31 of Carlsbad Tract No. 81-10, Unit No. 2-A, in the City of
Carlsbad, County of San Diego, State of California, According
to Map Thereof No. 11134, Filed in the Office of the County
Recorder of San Diego County, January 31,1985
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibits “A” - “E” dated October 20, 2004, on file in the Planning
Department BALFOUR COURT OFFICE CONDOMINIUMS - CT 04-07, as provided by
Chapter 20.12 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 20th 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 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:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
based on the following findings and subject to the following conditions:
APPROVES BALFOUR COURT OFFICE CONDOMINIUMS - CT 04-07,
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Findings:
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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 unit developments.
That the proposed project is compatible with the surrounding future 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, the C-M zone and the Carlsbad Research Center Specific Plan
(SP-180).
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 discharge of
waste from the subdivision will not result in violation of existing California Regional
Water Quality Control Board requirements, in that the project must comply with
the City's Standard Urban Storm Water Mitigation Plan and the National Pollution
Discharge Elimination System (NPDES) Permit, Order No. 2001-01.
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 October 20th, 2004, including, but not limited to the following:
PC RES0 NO. 5741 -2-
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A. Land Use - The project, consisting of subdividing an office building into 49
separate units situated on a 3.02 acre site, is consistent with the City’s
General Plan Planned Industrial (PI) land use designation.
B. Circulation - The project is served by Balfour Court 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 65-70 CNEL and the
interior noise levels will be mitigated to below 50dB CNEL. The project will
not, by the passive nature of the use, generate a significant amount of noise.
10. 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 provided proof from the Carlsbad Unified School District that
the project has satisfied its obligation for school facilities for the existing
building.
B. The Public Facility fee required to be paid by Council Policy No. 17 prior to the
issuance of building permits has been collected for the existing building.
C. The Local Facilities Management fee for Zone 5 required by Carlsbad Municipal
Code Section 21.90.050 was collected prior to issuance of building permits for
the existing building.
11. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
12. 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 and Overflight. The project is compatible with the
projected noise levels of the CLUP; and, based on the noiselland use compatibility matrix
of the CLUP, the proposed land use is compatible with the airport, in that the
development is between the 65 and 70 CNEL contour which designates office
development as a conditionally compatible land use and the interior noise levels will
be mitigated to below 50dB CNEL.
13. 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(k) - Existing
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Facilities, which involve the subdivision of existing commercial or industrial
buildings where no other physical changes are involved, 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.
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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 Tentative Tract Map. ’
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Tentative Tract 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.
The Developer shall comply with all applicable provisions of federal, state, and local
ordinances 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 Tentative Tract Map, (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
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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 the Planning Department a reproducible 24” x 36” mylar
copy of the Tentative Tract Map reflecting the conditions approved by the final decision
making body.
This approval is granted subject to the approval of the PUD 04-07 and is subject to all
conditions contained in Planning Commission Resolution No. 5742 for that other
approval incorporated herein by reference.
Prior to issuance of building permits, the Developer shall submit to the Planning Director
a recorded copy of the Condominium Plan filed with the Department of Real Estate
which is in conformance with the City approved documents and exhibits.
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
the Planning Department with a copy of the draft CC&Rs. The approved CC&Rs shall
be recorded concurrently with the final map. At a minimum, the CC&Rs shall contain
the following provisions:
A. General Enforcement bv 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.
B. 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.
C. 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 andor 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
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D.
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Special Assessments Levied by the City. 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 full 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
actions and/or to pursue lien foreclosure procedures against any Owner and
hidher respective Lot for purposes of collecting such special assessment in
accordance with the procedures set forth in Article of this Declaration.
Landscape Maintenance Responsibilities. The Owners Associations and
individual lot or unit owner landscape maintenance responsibilities shall be set
forth as an exhibit in the CC&Rs.
The required CC&Rs shall assign to a governing board the responsibility for
reviewing all proposed tenant improvements for the site to ensure that the
number of parking spaces required to accommodate the combined
proportion of uses, based on the parking ratios required by Chapter 21.44 of
the Carlsbad Municipal Code, does not exceed 215 spaces.
Prior to submitting building plans for tenant improvements to the City of
Carlsbad Building Department, the governing board shall be required to
approve the tenant improvement plans for purposes of assuring an adequate
distribution of parking spaces.
The locations and size of all employee eating areas, parking areas, and
landscaped areas within the project as shown on Exhibits “A” - “E” shall not
be altered, reduced, fenced, or divided to preclude the equal use by all
owners/employees of the site.
No outdoor storage of materials shall occur onsite unless required by the Fire
Chief. When so required, the Owner/Developer shall submit and obtain approval
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of the Fire Chief and the Planning Director of an Outdoor Storage Plan, and
thereafter comply with the approved plan.
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 Tract Map and Non-residential Planned Unit Development Permit by
Resolutions No. 5741 and 5742 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.
Prior to the recordation of the final tract map, the Developer shall prepare and record a
Notice that this property is subject to overflight, sight and sound of aircraft operating
fiom McClellan-Palomar Airport, in a form meeting the approval of the Planning
Director and the City Attorney (see Noise Form #2 on file in the Planning Department).
Prior to the recordation of the final tract map, the Developer shall record an Avigation
Easement for the property to the County of San Diego and file a copy of the recorded
document with the Planning Director.
Engineering;
General
13. 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 subdivision.
FeedAgreements
14. 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.
Final Map Notes
15. Developer shall show on Parcel or Certificate of Compliance in lieu of a Parcel Map
the net developable acres for each parcel.
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Note(s) to the following effect(s) shall be placed on the map or Certificate of
Compliance as non-mapping data:
A. All improvements are privately owned and are to be privately maintained with the
exception of the following:
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Water mains and related appurtenances within the on-site Carlsbad
Municipal Water District easement.
Curb, gutter and driveway with in the Balfour Court public right-of-way.
B. This condominium project is an Airspace Condominium and is defined in Section
1351(f) of the Civil Code of the State of California. The project contains a
maximum of 49 airspace condominium units.
Code Reminders
PC RES0 NO. 5741
Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as
required by Chapter 20.44 of the Carlsbad Municipal Code
The tentative map shall expire twenty-four (24) months from the date this tentative map
approval becomes final.
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.
The tentative map shall expire twenty-four (24) months from the date this tentative map
approval becomes final.
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.
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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 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 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 20th day of October 2004, by the
following vote, to wit:
AYES:
NOES:
Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Segall
ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5741 -9-