HomeMy WebLinkAbout2006-07-19; Planning Commission; Resolution 61281 PLANNING COMMISSION RESOLUTION NO. 6128
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
DEVELOPMENT PLAN SDP 05-18 TO DEVELOP A
4 7.68-ACRE PARCEL WITH TWO 42,500-SQUARE-FOOT
MEDICAL OFFICE BUILDINGS LOCATED ON THE EAST
SIDE OF EL CAMINO REAL BETWEEN TOWN GARDEN
6 LANE AND CAMINO VIDA ROBLE IN LOCAL FACILITIES
MANAGEMENT ZONE 10.
7 CASE NAME: CARLTAS MEDICAL OFFICE MPA/GPA
CASE NO.: SDP 05-188
9 WHEREAS, Carltas Company, "Developer," has filed a verified application
10 with the City of Carlsbad regarding property owned by Real Estate Collateral Management
11 Company, "Owner," described as
12 Lot 1 of Carlsbad Tract 99-03, in the City of Carlsbad, County
13 of San Diego, State of California, according to the map thereof
No. 14543, filed in the office of the County Recorder
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("the Property"); and
16 WHEREAS, said verified application constitutes a request for a Site Development
17 Plan as shown on Exhibits "A" - "G" dated July 19, 2006, on file in the Planning Department,
18 CARLTAS MEDICAL OFFICE MPA/GPA - SDP 05-18 as provided by Chapter
19 21.06/Section 21.53.120 of the Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did, on the 19th day of July, 2006, hold a
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-_ duly noticed public hearing as prescribed by law to consider said request; and
23 WHEREAS, at said public hearing, upon hearing and considering all testimony
24 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
25 relating to the Site Development Plan.
26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
2
B) That based on the evidence presented at the public hearing, the Planning
3 Commission APPROVES CARLTAS MEDICAL OFFICE MPA/GPA -
SDP05-18 based on the following findings and subject to the following
conditions:
Findings;
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1. That the requested use is properly related to the site, surroundings, and environmental
7 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 proposed office uses are appropriate in the Office Land
Use and Master Plan Office Zoning designations, that the proposed development
10 meets the minimum development standards for the Office Zone, and that adequate
separation of uses would ensure compatibility with the adjacent Industrial,
Community Facilities, and Open Space Land Uses.
I T 2. 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 without the need for a
variance from development standards.
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3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
15 the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that the project provides the required setbacks and
incorporates landscaping consistent with the City of Carlsbad Landscape Manual.
17 4. That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that El Camino Real, a prime arterial roadway, has
adequate capacity to handle the 4,250 ADT generated by the project. The project's
19 access is through the signalized intersection at El Camino Real and Town Garden
Lane and direct access off El Camino Real.
5. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the
McClellan-Palomar Airport, dated April 1994. The project is compatible with the
22 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 project is
located outside of 60 CNEL noise contour and has been conditioned to limit all
assembly areas within the project to no more than one hundred (100) persons per
assembly area.
25 6. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
26 Code Section 14.28.020 and Landscape Manual Section I B).
27 7. 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.
PCRESONO. 6128 -2-
Conditions;
2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
3 grading permit.
4 1. If any of the following conditions fail to occur; or if they are, by their terms, to be
5 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
6 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
7 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
9 or a successor in interest by the City's approval of this Site Development Plan.
10 2. 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
, 2 shall occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval shall require an amendment to this approval.
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3. Developer shall comply with all applicable provisions of federal, state, and local laws and
14 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
15 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
17 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.
19 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
20 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
21 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
23 nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
24 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
26 approval is not validated.
27 6. 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.
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PCRESONO. 6128 -3-
7. Prior to the issuance of a building permit, the Developer shall provide proof to the
2 Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
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8. This project shall comply with all conditions and mitigation measures which are required
4 as part of the Zone 10 Local Facilities Management Plan and any amendments made to
c that Plan prior to the issuance of building permits.
9. 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
7 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.
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10. This approval is granted subject to the adoption of the Negative Declaration and
10 approval of GPA 05-15, MP 98-01(G) and SUP 05-17 and is subject to all conditions
contained in Planning Commission Resolutions No. 6125, 6126, 6127, and 6129 for
11 those other approvals.
i o 11. This approval shall become null and void if building permits are not issued for this
project within 36 months from the date of project approval.
14 12. 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
1, 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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13. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
18 landscape plan check process on file in the Planning Department and accompanied by the
project's building, improvement, and grading plans.
20 14. 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
21 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 10, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
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15. All roof appurtenances, including air conditioners, shall be architecturally integrated and
25 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.
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16. Prior to occupancy, the Developer shall provide all exterior employee eating areas
28 per the approved plans, including landscaping.
PCRESONO. 6128 -4-
17. Developer shall submit to the City a Notice of Restriction to be filed in the office of the
2 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
3 Development Plan and Special Use Permit by Resolutions No. 6128 and 6129 on the
property. Said Notice of Restriction shall note the property description, location of the
4 file containing complete project details and all conditions of approval as well as any
c 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
6 which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
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18. Developer shall prepare and record a Notice that this property may be subject to noise
impacts from the proposed or existing Transportation Corridor, in a form meeting the
9 approval of the Planning Director and the City Attorney (see Noise Form #1 on file in the
Planning Department).
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19. Prior to building permit issuance, the developer shall prepare and submit to the
1 Planning Department an interior acoustical analysis to ensure interior noise levels
12 do not exceed 55 dBA CNEL.
13 20. All assembly areas (as defined by the Uniform Building Code Group A Occupancy)
within the proposed project that are located within the Flight Activity Zone of the
14 McClellan-Palomar Airport shall be limited to no more than one hundred (100)
persons per assembly area in order to be consistent with Flight Activity Zone
guidelines in the McClellan-Palomar Airport Comprehensive Land Use Plan.
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21. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high
17 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
i n satisfaction of the Planning Director.
20 22. 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
21 impacts on residential homes or open space property.
22 Engineering:
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General
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23. Prior to hauling dirt or construction materials to or from any proposed construction site
25 within this project, Developer shall apply for and obtain approval from, the City Engineer
^f for the proposed haul route.
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24. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other
2 recorded document, for maintaining the private easements within the subdivision and all
the private improvements: streets, sidewalks, street lights, and storm drain facilities
3 located therein and to distribute the costs of such maintenance in an equitable manner
among the owners of the properties within the subdivision.
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<- 25. Developer shall install sight distance corridors at all street intersections in accordance
with Engineering Standards. The limits of these sight distance corridors shall be reflected
6 on any improvement, grading, or landscape plan prepared in association with this
development.
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Fees/Agreements
g 26. 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
10 drainage across the adjacent property.
11 Grading
12 27. Prior to the issuance of a grading permit or building permit, whichever occurs first,
13 Developer shall submit to the City Engineer proof that a Notice of Intention for the start
of work has been submitted to the State Water Resources Control Board.
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28. 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
I g obtain a grading permit from the City Engineer prior to issuance of a building permit for
the project.
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Dedications/Improvements
jo 29. Developer shall cause Owner to execute a covenant of easement for private access as
shown on the Site Plan. The obligation to execute and record the covenant of easement
20 shall be shown and recording information called out on the Site Plan. Developer shall
provide City Engineer with proof of recordation prior to issuance of building permit.
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30. 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
23 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
24 already public are not required to be rededicated.
ncJ 31. Developer shall provide the design of all private streets and drainage systems to the
26 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
27 systems shall be inspected by the City. Developer shall pay the standard improvement
plancheck and inspection fees.
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32. Developer shall execute and record a City standard Development Improvement
2 Agreement to install and secure with appropriate security as provided by law, public
improvements shown on the Site Plan and the following improvements including, but not
3 limited to grading, clearing and grubbing, sewer, water, fire hydrants, street lights, and
reclaimed water, to City Standards to the satisfaction of the City Engineer. The
improvements are:
a) Onsite public water main and fire hydrants
6 ' b) Reclaimed water service
7 Improvements listed above shall be constructed within 18 months of approval of the
subdivision or development improvement agreement or such other time as provided in
said agreement.
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33. Prior to the issuance of grading permit or building permit, whichever occurs first,
10 Developer shall submit for City approval a "Storm Water Pollution Prevention Plan
(SWPPP)." The SWPPP shall be in compliance with current requirements and provisions
established by the San Diego Region of the California Regional Water Quality Control
12 Board and the City of Carlsbad Requirements. The SWPPP shall address measures to
reduce to the maximum extent practicable storm water pollutant runoff during
13 construction of the project. At a minimum, the SWPPP shall:
14 a. Include all content as established by the California Regional Water Quality
Control Board requirements.
b. Include the receipt of "Notice of Intent" issued by the California Regional Water
Quality Control Board.
c. Recommend source control and treatment control Best Management Practices
17 (BMPs) 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 or natural drainage course.
d. Establish specific procedures for handling spills and routine cleanup. Special
considerations and effort shall be applied to employee education on the proper
20 procedures for handling cleanup and disposal of pollutants.
21 34. 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
23 Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of
the California Regional Water Quality Control Board and the City of Carlsbad Municipal
24 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. Identify existing and post-development on-site pollutants-of-concern.
27 b. Identify the hydrologic unit this project contributes to and impaired water bodies
that could be impacted by this project.
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c. Recommend source controls and treatment controls that will be implemented with
2 this project to avoid contact or filter said pollutants from storm water to the
maximum extent practicable before discharging to City right-of-way.
3 d. Establish specific procedures for handling spills and routine cleanup. Special
considerations and effort shall be applied to employee education on the proper
^ procedures for handling cleanup and disposal of pollutants.
C- e. Ensure long-term maintenance of all post-construct BMPs in perpetuity.
f. Identify how post-development runoff rates and velocities from the site will not
6 exceed the predevelopment runoff rates and velocities to the maximum extent
practicable.
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35. Prior to grading permit issuance, Developer shall have design, apply for and obtain
approval of the City Engineer, for the structural section for the access aisles with a traffic
9 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
10 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
* 1 occurs first.
12 Special Conditions
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36. The Average Daily Traffic (ADT) and floor area contained in the staff report and
14 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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37. Prior to approval of improvement plans or final map, Developer shall meet with the Fire
° Marshal to determine if fire protection measures (fire flows, fire hydrant locations,
in building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be
considered public improvements and shall be served by public water mains to the
20 satisfaction of the District Engineer.
21 38. The Developer shall design and construct public facilities within public right-of-way or
within minimum 20-feet-wide easements granted to the District or the City of Carlsbad.
At the discretion of the District Engineer, wider easements may be required for adequate
23 maintenance, access and/or joint utility purposes.
24 39. 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
25 Authority capacity charge(s) prior to issuance of Building Permits.
26 40. The Developer shall prepare a colored recycled water use map and submit this map to the
Planning Department for processing and approval by the District Engineer.
2« 41. The Developer shall design landscape and irrigation plans utilizing recycled water as a
source. Said plans shall be submitted to the satisfaction of the District Engineer.
PCRESONO. 6128 -8-
42. The Developer shall install potable water and recycled water services and meters at a
2 locations approved by the District Engineer. The locations of said services shall be
reflected on public improvement plans.
3
43. The Developer shall install sewer laterals and clean-outs at a location approved by the
4 District Engineer. The locations of sewer laterals shall be reflected on public
improvement plans.
, 44. The Developer shall design and construct public water, sewer, and recycled water
facilities substantially as shown on the Site Plan to the satisfaction of the District
7 Engineer. Proposed public facilities shall be reflected on public improvement plans.
8 45. The Developer shall provide separate potable water meters for each separately owned
unit.
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46. Prior to issuance of building permits, whichever is first, the entire potable water, recycled
water, and sewer system shall be evaluated in detail to ensure that adequate capacity,
j 1 pressure, and flow demands can be met to the satisfaction of the District Engineer.
12 47. A fire flow system shall be required for this industrial development and it shall be
constructed as a looped system. The Developer shall complete the looped water system
13 by tying into the existing waterline system on El Camino Real and Metropolitan Street to
the satisfaction of the District Engineer.
1 - 48. The Developer shall coordinate with the District Engineer regarding the looped system
and easements.
16 49 jne Developer shall submit a detailed potable water study, prepared by a
, j Registered Engineer that identifies the peak demands of the project (including fire
flow demands). The study shall identify velocity in the main lines, pressure zones,
lg and the required pipe sizes. Said study shall be submitted concurrently with the
improvement plans for the project and the study shall be prepared to the
1 9 satisfaction of the District Engineer.
20 Code Reminders
21 The project is subject to all applicable provisions of local ordinances, including but not limited to
22 the following:
23 50. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as
24 required by Chapter 20.44 of the Carlsbad Municipal Code.
25 51. Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
26
52. 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
28 permit issuance, except as otherwise specifically provided herein.
PCRESONO. 6128 -9-
53. The project shall comply with the latest nonresidential disabled access requirements
2 pursuant to Title 24 of the State Building Code.
3 54. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
4
55. 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
6 Director prior to installation of such signs.
7 56. 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
9 of the City Engineer.
10 NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
12 reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
13
. . You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
15 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
16 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.17
10 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,
19 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 19th day of July 2006, by the
following vote, to wit:
Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Heineman, and Whitton
AYES:
NOES:
ABSENT:
ABSTAIN: Commissioner Segall
MARTE B. MONTODMERY
CARLSBAD PLANNING CO
ATTEST:
rperson
SION
DON NEU
Assistant Planning Director
PCRESONO. 6128 -11-