HomeMy WebLinkAbout2007-01-03; Planning Commission; Resolution 6218PLANNING COMMISSION RESOLUTION NO. 6218
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE
3 DEVELOPMENT PLAN FOR GRADING AND
CONSTRUCTION OF A 21,904 SF OFFICE BUILDING ON
4 LOT 1 LOCATED WITHIN PLANNING AREA 2 OF THE
5 GREEN VALLEY MASTER PLAN ON PROPERTY
GENERALLY LOCATED NORTHWEST OF CALLE
6 BARCELONA, WEST OF EL CAMINO REAL AND NORTH
OF LEUCADIA BOULEVARD IN THE EAST BATIQUITOS
7 LAGOON/HUNT PROPERTY SEGMENT OF THE LOCAL
COASTAL PROGRAM AND LOCAL FACILITIES
* MANAGEMENT ZONE 23.
9 CASE NAME: LA COSTA GLEN CORPORATE CENTER
CASE NO.: SDP 05-16
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WHEREAS, Continuing Life Communities, LLC, "Owner/Development," has
, 2 filed a verified application with the City of Carlsbad regarding property described as
13 A portion of Lot 5 of City of Carlsbad Tract No. 92-08 Green
Valley, in the City of Carlsbad, County of San Diego, State of
14 California, according to map thereof No 13997, as filed in the
Office of the County recorder of San Diego County, July 10,
2000
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("the Property"); and
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WHEREAS, said verified application constitutes a request for a Site Development18
19 Plan as shown on Exhibits "A" - "R" dated January 3, 2007, on file in the Planning
20 Department, LA COSTA GLEN CORPORATE CENTER - SDP 05-16 as provided by
21 Chapter 21.06/Section 21.53.120 of the Carlsbad Municipal Code; and
22 WHEREAS, the Planning Commission did, on the 3rd day of January, 2007,
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hold a duly noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all
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26 testimony and arguments, if any, of all persons desiring to be heard, said Commission
27 considered all factors relating to the Site Development Plan.
28 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.
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B) That based on the evidence presented at the public hearing, the Planning
3 Commission APPROVES LA COSTA GLEN CORPORATE CENTER -
SDP 05-16 based on the following findings and subject to the following
conditions:
Findins;
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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
o traffic circulation, in that the 21,904 square foot office building is consistent with the
uses allowed in the Green Valley Master Plan for Planning Area 2, is compatible
10 with the existing C/O/RMH General Plan Land Use designation which allows for the
proposed office development, and complies with the City's Habitat Management
Plan. The development will be compatible with the existing and proposed uses
surrounding the site and the access road to the proposed development will be
adequate to serve Lot 1 and future development of Lot 2.
13 2. That Planning Area 2 (PA 2) of the Green Valley Master Plan allows up to 300,000
14 square feet of commercial/retail uses and the majority of PA 2 has been developed
with the 265,000 square foot Forum shopping center. The subject site includes the
remaining undeveloped portion of PA 2 located on the western side of Calle
., Barcelona which may be developed with up to 35,000 square feet of
commercial/retail uses. The development proposal includes the construction of a
17 21,904 square foot office building on Lot 1 of the proposed minor subdivision and
therefore, based on the current existing and proposed development, Lot 2 would be
1 8 limited to approximately 13,000 square feet of future commercial/retail uses.
3. That the site for the intended use is adequate in size and shape to accommodate the use, in
_„ that the project meets or exceeds all City policies and development standards of the
Green Valley Master Plan, including landscaping, vehicular access, parking
21 requirements, lot coverage, building setbacks, and building height.
22 4. 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 building pad is isolated from the surrounding
development and no special adjustments are necessary to make the project
compatible with the surrounding uses.
25 That the street systems serving the proposed use is adequate to properly handle all traffic
26 generated by the proposed use, in that the proposed on-site driveway has been
designed to meet City standards and is adequate to serve the subject site and future
^ ' development of Lot 2. Traffic impacts from the proposed development have been
previously analyzed in the Green Valley Master Plan Program EIR and the existing
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street system will be adequate to handle the 438 ADT generated from the proposed
2 office development.
3 6. 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
4 the staff report dated January 3,2007 including, but not limited to the following:
A. Land Use - The proposed office uses are consistent with the
Commercial/Office/Medium-High Density Residential Land Use designation
for the site.
B. Public Safety - The project is designed with the required fire suppression
zones between native habitat and development thereby reducing fire hazards
„ to an acceptable risk level. The project is not located within the Airport
Influence Area of the McClellan-Palomar Airport.
10 D. Open Space & Conservation - 2.67 acres will be designated as Open Space
11 and preserved and maintained as an HMP habitat preserve area as part of
the Minor Subdivision proposed to create the subject property. The project
implements water pollution prevention methods through the provision of
. filtration and drainage inserts, and utilization of a previously constructed
permanent detention basin downstream of the site to slow the velocity and
14 filter drainage prior to release.
15 E. Circulation - All public infrastructure necessary to serve the project has been
constructed in conjunction with the previously approved Green Valley
Master Plan projects, in accordance with City standards. A 32-foot wide
1 „ private driveway will be constructed to provide access to the subject site and
future development on Lot 2.
18 7. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
19 Facilities Management Plan for Zone 23 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
22 project will be installed to serve new development prior to or concurrent with need.
Specifically,
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a. The project has been conditioned to provide proof from the Carlsbad Unified
School District that the project has satisfied its obligation for school facilities.
25 b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
26 collected prior to the issuance of building permit.
27 8. The project has been conditioned to pay any increase in public facility fee, or new
28 construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
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Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
2 public facilities and will mitigate any cumulative impacts created by the project.
3 9. This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 23.
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10. That all necessary public facilities required by the Growth Management Ordinance will
be constructed or are guaranteed to be constructed concurrently with the need for them
created by this project and in compliance with adopted City standards, in that public
facilities in Zone 23 are adequate to accommodate the demand created by this
7 project.
8 11. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section IB).
12. 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.
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Conditions:
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading or building permit, whichever occurs first.
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1. If any of the following conditions fail to occur, or if they are, by their terms, to be
16 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
j n 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
19 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
20 or a successor in interest by the City's approval of this Site Development Plan.
21 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
22 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
23 shall occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
25 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
-o 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
PCRESONO. 6218 -4-
unless the City Council determines that the project without the condition complies with
2 all requirements of law.
3 5. 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
5 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,
6 Hillside Development Permit and Coastal Development Permit, (b) City's approval or
issuance of any permit or action, whether discretionary or nondiscretionary, in connection
7 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
9 emissions. This obligation survives until all legal proceedings have been concluded and
continues even if the City's approval is not validated.
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6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
the Site Plan reflecting the conditions approved by the final decision-making body.
12 7. Prior to the issuance of a building permit, the Developer shall provide proof to the
13 Director from the School District that this project has satisfied its obligation to provide
school facilities.
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. 8. Developer shall include, as part of the plans submitted for any permit plancheck, a
reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
16 format (including any applicable Coastal Commission approvals).
17 9. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 23 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
19 10. This approval is granted subject to adoption and approval of the Mitigated Negative
20 Declaration and Mitigation Monitoring and Reporting Program, GPA 06-02, MP
92-01(B), LCPA 06-01, HMPP 06-11, HDP 05-11, and CDP 05-51 and is subject to all
21 conditions contained in Planning Commission Resolutions No. 6213, 6214, 6215, 6216,
22 6217, 6219, and 6220 for those other approvals incorporated herein by reference.
23 11. Prior to commencement of grading, the developer shall enter into a pre-excavation
agreement with a representative of the San Luis Rey Band of Mission Indians. The
24 purpose of the agreement will be to formalize procedures for the treatment of Native
_ American human remains, burial, ceremonial or cultural sites that may be
uncovered during any ground disturbance activity. In the event archaeological
25 features are discovered, the archaeological monitor shall be empowered to suspend
work in the immediate area of the discovery until such time that a data recovery
27 plan can be developed and implemented. Work outside the area of the find shall
proceed along with the continuation of archaeological monitoring.
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12. The developer shall comply with and incorporate into the project, the Recommended
2 Conditions for the La Costa Glen Corporate Center, provided as an Enclosure to the
comment letter from USFWS, dated December 20, 2006 (Attachment 16 of the Staff Report
3 dated January 3,2007).
4 13. This approval is granted subject to the approval of MS 05-28 and is subject to all
conditions contained in that approval incorporated herein by reference.
g 14. 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
8 facilities will continue to be available until the time of occupancy.
9 15. Developer shall submit and obtain Planning Director approval of a Final Landscape and
10 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City's Landscape Manual. Developer shall construct and install all landscaping as
11 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
condition, free from weeds, trash, and debris.12
j-5 16. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plancheck process on file in the Planning Department and accompanied by the
14 project's building, improvement, and grading plans.
15 17. Developer shall provide bus stops to service this development at locations and with
reasonable facilities to the satisfaction of the North County Transit District and the
Planning Director. Said facilities, if required, shall be free from advertising and shall at a
17 minimum include a bench and a pole for the bus stop sign. The facilities shall be
designed to enhance or be consistent with basic architectural theme of the project.
18 Specific improvements including an ADA compliant boarding pad and passenger
waiting bench shall be designed and built at southbound Calle Barcelona @, 80-feet
south of the Forum shopping center intersection, subject to the approval of NCTD
20 and the City of Carlsbad.
21 18. If a grading permit is required, all grading activities are prohibited from (February 1st for
gnatcatcher or March 1 st for vireo) to (September 15th for gnatcatcher or October 1 st for
22 vireo). All erosion control measures must be installed prior to the initial grading. Any
grading extensions into the grading prohibition period must receive written approval of
the City Engineer and the responsible wildlife agencies (California Department of Fish
24 and Game/United States Fish and Wildlife Service).
25 19. 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
27 Directors of Community Development and Planning.
20. Prior to the issuance of the grading or building permit, Developer shall submit to the
28 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 Recorder, subject to the satisfaction
PCRESONO. 6218 -6-
of the Planning Director, notifying all interested parties and successors in interest that the
2 City of Carlsbad has issued a Site Development Plan, Hillside Development Permit
and Coastal Development Permit by Resolutions No. 6218, 6219 and 6220 on the
3 property. 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
r 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
6 or successor in interest.
7 21. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high
R 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
9 Director. Enclosure shall be of similar colors and/or materials to the project to the
satisfaction of the Planning Director.
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22. 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
j2 the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
approved plan.
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23. Developer shall submit and obtain Planning Director approval of an exterior lighting plan
14 including parking areas. All lighting shall be designed to reflect downward and avoid any
1. impacts on adjacent homes or property.
16 24. Compact parking spaces shall be located in large groups, and in locations clearly marked
to the satisfaction of the Planning Director.
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25. Developer shall construct, install, and stripe not less than 100 par.king spaces and 2
motorcycle parking spaces, as shown on Exhibit "I".
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26. Construction activities related to utilities and access improvements and/or tie-ins on
20 Calle Barcelona shall be restricted from the day after Thanksgiving until January 2.
Fire Department:
22 27. Building side(s) that face Fire Suppression Zones that are less than sixty (60) feet in
23 width must be provided with no less than one-hour fire resistive construction as
defined in the California Building Code.
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Code Reminders
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26 The project is subject to all applicable provisions of local ordinances, including but not limited to
the following code requirements:
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28. Developer shall pay a landscape plancheck and inspection fee as required by Section
28 20.08.050 of the Carlsbad Municipal Code.
PCRESONO. 6218 -7-
29. Approval of this request shall not excuse compliance with all applicable sections of the
2 Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
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30. The project shall comply with the latest nonresidential disabled access requirements
4 pursuant to Title 24 of the State Building Code.
31. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
6 Code Section 18.04.320.
7 32. 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.
NOTICE10
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
12 "fees/exactions."
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
66020(a), and file the protest and any other required information with the City Manager for
15 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
16 annul their imposition.
17 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
10 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
19 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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1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
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Commission of the City of Carlsbad, California, held on the 3rd day of January, 2007, by the
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following vote, to wit:4
c AYES: Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Segall, and Whitton
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NOES:
7
. ABSENT:8
9 ABSTAIN: ^Cojnjflj|ii*ner Douglas
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} 2 MARTELL B. MONTGOMERY, Chairperson
CARLSBAD PLANNING COMMISSION
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14 ATTEST:
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DON NEU
17 Assistant Planning Director
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