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HomeMy WebLinkAbout2006-10-04; Planning Commission; Resolution 61671 PLANNING COMMISSION RESOLUTION NO. 6167 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE DEVELOPMENT PLAN SDP 06-03 TO DEVELOP A 3.5-ACRE 4 PARCEL WITH A 40,655-SQUARE-FOOT MEDICAL OFFICE 5 BUILDING GENERALLY LOCATED ON THE WEST SIDE OF EL CAMINO REAL BETWEEN COLLEGE BOULEVARD AND 6 FARADAY AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 5. 7 CASE NAME: FENTON CARLSBAD RESEARCH CENTER CASE NO.: SDP 06-03o 9 WHEREAS, Fenton Carlsbad Research Center LLC, "Developer/Owner" has 10 filed a verified application with the City of Carlsbad regarding property described as 11 Lot 1 of Carlsbad Tract 00-20, in the City of Carlsbad, County 12 of San Diego, State of California, according to the map thereof No. 15253, filed in the office of the County Recorder of San 13 Diego County January 30, 2006 14 ("the Property"); and WHEREAS, said verified application constitutes a request for a Site Development 16 Plan as shown on Exhibits "A" - "K" on file in the Planning Department, FENTON 17 CARLSBAD RESEARCH CENTER -SDP 06-03, as provided by Chapter 21.06/Section18 j9 21.53.120 of the Carlsbad Municipal Code; and 20 WHEREAS, the Planning Commission did, on the 4th day of October, 2006, hold 21 a duly noticed public hearing as prescribed by law to consider said request; and 22 WHEREAS, at said public hearing, upon hearing and considering all testimony 23 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 24 relating to the Site Development Plan. 26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 27 Commission of the City of Carlsbad as follows: 28 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning 2 Commission APPROVES FENTON CARLSBAD RESEARCH CENTER - SDP 06-03, based on the following findings and subject to the following 3 conditions: Findings; That the requested use is properly related to the site, surroundings, and environmental 5 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 7 the proposed use is to be located, and will not adversely impact the site, surroundings, or traffic circulation, in that the proposed office use is appropriate in the Office Land Use and Office Zoning designations, that the proposed development meets the minimum development standards for the Office Zone, and that adequate separation of uses would ensure compatibility with the adjacent Industrial and Open Space 10 Land Uses. 11 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. 13 3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust 14 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 15 incorporates landscaping consistent with the City of Carlsbad Landscape Manual. 4. That the street systems serving the proposed use is adequate to properly handle all traffic , _ generated by the proposed use, in that Salk Avenue, College Boulevard, and El Camino Real, a prime arterial roadway, has adequate capacity to handle the 2,350 ADT 18 generated by the project. The project's access is off Salk Avenue by way of El Camino Real or College Boulevard. 19 5. 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. 22 Conditions: 23 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of grading permit or building permit, whichever occurs first. 25 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 26 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 27 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 PCRESONO. 6167 -2- conditions or seek damages for their violation. No vested rights are gained by Developer 2 or a successor in interest by the City's approval of this Site Development Plan. 3 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 <- shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval shall require an amendment to this approval. 6 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 7 regulations in effect at the time of building permit issuance. g 4. If any condition for construction of any public improvements or facilities, or the payment 9 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 10 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 1* all requirements of law. 12 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 13 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 14 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 16 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 17 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 jp approval is not validated. 20 6. 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 21 body. 22 7. Prior to the issuance of a building permit, the Developer shall provide proof to the 23 Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 24 8. 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 26 Plan prior to the issuance of building permits, including, but not limited to the following: 27 a. The project shall pay the Local Facilities Management Zone fee for Zone 5 for the provision of park land.28 PCRESONO. 6167 -3- 9. Building permits will not be issued for this project unless the local agency providing 2 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 3 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. 4 10. This approval is granted subject to the adoption of the Negative Declaration and approval of GPA 06-01 and ZC 06-01 and is subject to all conditions contained in 5 Planning Commission Resolutions No. 6164,6165, and 6166 for those other approvals. 7 11. Approval is granted for FENTON CARLSBAD RESEARCH CENTER - SDP 06-03 as shown on Exhibits "A" - "K", dated October 4, 2006, on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 10 12. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 11 13. 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 14 condition, free from weeds, trash, and debris. 14. 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. 17 15. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 18 #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 taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this 21 approval will not be consistent with the General Plan and shall become void. 16. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the 24 Directors of Community Development and Planning. 25 17. Prior to occupancy, the Developer shall provide all exterior employee eating areas per the approved plans, including landscaping.26 27 18. Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County 28 Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Site Development PCRESONO. 6167 -4- Permit by Resolution No. 6167 on the property. Said Notice of Restriction shall note the 2 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 3 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. 19. Prior to building permit issuance, the Developer shall prepare and submit to the 6 Planning Department an interior acoustical analysis to ensure interior noise levels do not exceed 55 dBA CNEL. 7 20. All assembly areas within the proposed project that are located within the Flight Activity Zone of the McClellan-Palomar Airport shall be limited (as defined by the 9 Uniform Building Code Group A Occupancy) to no more than one hundred (100) persons per assembly area in order to be consistent with Flight Activity Zone 10 guidelines in the McClellan-Palomar Airport Comprehensive Land Use Plan. 21. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high j2 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 13 Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. 14 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 i /- impacts on open space property. 17 Engineering: 18 General 19 23. Prior to issuance of any building permits, all public improvements associated with 20 CT 00-20 shall be constructed and/or secured to the satisfaction of the City Engineer. 21 24. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from the City Engineer 23 for the proposed haul route. 24 Fees/Agreements 25 25. 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. 27 26. Prior to approval of any grading or building permits for this project, Developer shall 28 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 PCRESONO. 6167 -5- Lighting and Landscaping District No. 1 and/or to the formation or annexation into an 2 additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the City Engineer. 3 Grading4 r 27. Prior to the issuance of a grading permit or building permit, whichever occurs first, Developer shall submit to the City Engineer proof that a Notice of Intention for the start 6 of work has been submitted to the State Water Resources Control Board. 7 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 obtain a grading permit from the City Engineer prior to issuance of a building permit for 9 the project. 10 29. This project requires off-site grading. No grading for private improvements shall occur outside the limits of this approval unless Developer obtains, records, and submits a recorded copy to the City Engineer a grading or slope easement or 12 agreement from the owners of the affected properties. If Developer is unable to obtain the grading or slope easement, or agreement, no grading permit will be 13 issued. In that case, Developer must either apply for and obtain an amendment of this approval or modify the plans so grading will not occur outside the project and 14 apply for and obtain a finding of substantial conformance from both the City . Engineer and the Planning Director. 16 Dedications/Improvements 17 30. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or other appropriate entities for all 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 in of all liens and encumbrances and without cost. 20 31. Developer shall provide the design of all drainage systems to the satisfaction of the City Engineer. All private drainage systems shall be inspected by the City. Developer shall 21 pay the standard improvement plan check and inspection fees. 22 32. Developer shall execute a City standard Development Improvement Agreement to install 23 and secure with appropriate security as provided by law, public improvements shown on the Site Plan and the following improvements to City Standards to the satisfaction of the 24 City Engineer. The improvements are: 25 On-site public water main and fire hydrants as shown on the site plan. 26 Improvements listed above shall be constructed within 18 months of approval of the 27 subdivision or development improvement agreement or such other time as provided in said agreement. 28 PCRESONO. 6167 -6- 1 2 33. Prior to issuance of a building permit, Developer shall enter into an agreement with the City, and secure with appropriate security as provided by law, to pay the 3 project's proportional share to design and construct modifications to the El Camino Real northbound left-turn lanes into College Boulevard to the satisfaction of the City Engineer. 5 34. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit. 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 8 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: 9 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. 12 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 15 Federal, State, County, and City requirements as prescribed in their respective containers. 16 c. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 18 35. Prior to the issuance of grading permit or building permit, whichever occurs first, 19 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 Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of 22 the project. At a minimum, the SWPPP shall: 23 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 25 Quality Control Board; Recommend source control and treatment control Best Management Practices 26 (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; and 28 PCRESONO. 6167 -7- d. Establish specific procedures for handling spills and routine cleanup. Special 2 considerations and effort shall be applied to employee education on the proper procedures for handling cleanup and disposal of pollutants. 3 36. 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 Storm Water Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region 6 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 7 storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: o 9 a. Identify existing and post-development on-site pollutants-of-concern; b. Identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; c. 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 12 maximum extent practicable before discharging to City right-of-way; 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; e. Ensure long-term maintenance of all post-construction BMPs in perpetuity; and 15 f. 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. 17 37. Prior to grading permit issuance, Developer shall have design, apply for and obtain I g approval of the City Engineer, for the structural section for the access aisles with a traffic index of 5.0 in accordance with City Standards due to truck access through the parking 19 area and/or aisles with an ADT greater than 500. The structural pavement design of the aisle ways shall be submitted together with required R-value soil test information and ^ approved by the City Engineer as part of the building or grading plan review, whichever occurs first. 22 Special Conditions 23 38. The Average Daily Traffic (ADT) and floor area contained in the staff report and shown on the Site Plan are for planning purposes only. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of 25 Carlsbad Municipal Code, respectively. 26 Water 27 39. Prior to approval of improvement plans or final map, Developer shall meet with the Fire 28 Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be PCRESONO. 6167 -8- considered public improvements and shall be served by public water mains to the 2 satisfaction of the District Engineer. 40. The Developer shall design and construct public facilities within public right-of-way or 4 within minimum 20-foot-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 5 maintenance, access, and/or joint utility purposes. 6 41. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Diego County Water ' Authority capacity charge(s) prior to issuance of Building Permits. o 42. The Developer shall prepare a colored recycled water use map and submit this map to the 9 Planning Department for processing and approval by the District Engineer. 10 43. 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. 11 44. The Developer shall install potable water and recycled water services and meters at locations approved by the District Engineer. The locations of said services shall be 1 - reflected on public improvement plans. 45. The Developer shall install sewer laterals and clean-outs at a location approved by the District Engineer. The locations of sewer laterals shall be reflected on public 15 improvement plans. 16 46. 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 Engineer. Proposed public facilities shall be reflected on public improvement plans. 18 47. Prior to issuance of building permits, whichever is first, the entire potable water, recycled 19 water, and sewer system shall be evaluated in detail to ensure that adequate capacity, pressure, and flow demands can be met to the satisfaction of the District Engineer. 20 48. The Developer shall submit a detailed potable water study, prepared by a Registered Engineer that identifies the peak demands of the project (including fire 22 fiow demands). The study shall identify velocity in the main lines, pressure zones, and the required pipe sizes. Said study shall be submitted concurrently with the 23 improvement plans for the project, and the study shall be prepared to the satisfaction of the District Engineer. 24 Code Reminders £~J The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 27 49. 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. PCRESONO. 6167 -9- 50. Developer shall pay a landscape plan check and inspection fee as required by Section 2 20.08.050 of the Carlsbad Municipal Code. 3 51. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 52. The project shall comply with the latest nonresidential disabled access requirements 6 pursuant to Title 24 of the State Building Code. 7 53. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320.8 9 54. 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 10 Director prior to installation of such signs. 55. Developer shall exercise special care during the construction phase of this project to 12 prevent off-site siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction 13 of the City Engineer. 14 15 NOTICE 16 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." 18 You have 90 days from date of final approval to protest imposition of these fees/exactions. If 19 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. 22 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 23 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. 26 27 28 PCRESONO. 6167 -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 4th day of October, 2006, by the following vote, to wit: AYES: Commissioners Baker, Cardosa, Heineman, Segall, and Whitton NOES: ABSENT: Chairperson Montgomery and Commissioner Dominguez ABSTAIN: Ou. JULIBJBAKSR, Vice Chairperson CARLSBABTLANNING COMMISSION ATTEST: DON NEU Assistant Planning Director PCRESONO. 6167 -11-