HomeMy WebLinkAbout2007-03-07; Planning Commission; Resolution 62611 PLANNING COMMISSION RESOLUTION NO. 6261
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF PRECISE DEVELOPMENT PLAN POP 05-01
4 TO ALLOW REMOVAL AND/OR MODIFICATION OF
<- EXISTING FACILITIES AND CONSTRUCTION OF NEW
IMPROVEMENTS FOR THE LEUCADIA WASTEWATER
6 DISTRICT ON PROPERTY GENERALLY LOCATED ON THE
NORTH SIDE OF LA COSTA AVENUE BETWEEN EL
7 CAMINO REAL AND VIEJO CASTILLO WAY IN LOCAL
FACILITIES MANAGEMENT ZONE 6.
8 CASE NAME: LWD SITE IMPROVEMENT PROGRAM
9 CASE NO.: POP 05-01
10 WHEREAS, Leucadia Wastewater District, "Developer/Owner," has filed a
11 verified application with the City of Carlsbad regarding property described as
12 A portion of Lot 9, Map 8379, Carlsbad Tract No. 75-7
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("the Property"); and
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WHEREAS, said verified application constitutes a request for a Precise
16 Development Plan as shown on Exhibits "A" - "GG" and Exhibit "ZC 05-09" all dated March
17 7, 2007, on file in the Carlsbad Planning Department, LWD SITE IMPROVEMENT
18 PROGRAM - POP 05-01 as provided by Chapter 21.36 of the Carlsbad Municipal Code; and
19 WHEREAS, the Planning Commission did, on the 7th day of March 2007, hold a
20 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 testimony
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and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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24 relating to the Precise Development Plan.
25 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2" Commission of the City of Carlsbad as follows:
27 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 Commission
RECOMMENDS APPROVAL of POP 05-01 - LWD SITE IMPROVEMENT
PROGRAM based on the following findings and subject to the following
2 conditions:
3 Findings;
1. That the proposed Precise Development Plan is consistent with the goals and policies of
c the various elements of the General Plan, in that the proposed project is a necessary
part of the Leucadia Wastewater District campus use and the use is consistent with
6 the Public Utilities General Plan designation on the property and the use is
necessary to continue to provide a necessary public use (a wastewater district office
7 and wastewater treatment use campus).
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2. That the proposed Precise Development Plan is consistent with the public convenience,
necessity and general welfare, and is consistent with sound planning principles in that the
proposed new buildings and modifications to existing facilities are necessary to
10 provide sufficient employee work space, meeting space, and parking areas to
adequately perform the operations and maintenance tasks related to the operation
of the wastewater treatment facility and office use and the proposed construction is
. ~ consistent with the Public Utilities General Plan designation and the Public Utility
zoning proposed for the site.
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3. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
14 Facilities Management Plan .for Zone 6 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
, t | collection and treatment; water; drainage; circulation; fire; schools; parks and other
recreational facilities; libraries; government administrative facilities; and open space,
17 related to the project will be installed to serve new development prior to or concurrent
with need
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4. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
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The Planning Commission has reviewed each of the exactions imposed on the Developer
21 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
22 degree of the exaction is in rough proportionality to the impact caused by the project.
23 Conditions;
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
25 grading or building permit, whichever comes first.
26 i. 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
28 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
PCRESONO. 6261 -2-
compel their compliance with said conditions or seek damages for their violation. No
2 vested rights are gained by Developer or a successor in interest by the City's approval of
this Precise Development Plan.
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Staff is authorized and directed to make, or require Developer to make, all corrections
4 and modifications to the Precise Development Plan document(s) necessary to make them
internally consistent and in conformity with final action on the project. Development
shall occur substantially as shown in the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
7 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
,ft 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.
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5. Developer shall implement, or cause the implementation of, the Leucadia
Wastewater District Site Improvement Project Mitigation Monitoring and
, . Reporting Program dated June 2005.
j c 6. 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
16 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 Precise Development Plan,
(b) City's approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c)
19 Developer/Operator's installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
20 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
approval is not validated.
22 7. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
23 the Site Plan reflecting the conditions approved by the final decision making body.
24 8. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 6 Local Facilities Management Plan and any amendments made to
25 that Plan prior to the issuance of building permits.
26 9. This approval is granted subject to the approval of ZC 05-09 and SUP 05-09 and is
subject to all conditions contained in Planning Commission Resolutions No. 6260 and
6262 for those other approvals incorporated herein by reference.
28 10. Prior to issuance of building permits, 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
PCRESONO. 6261 -3-
the Planning Director, notifying all interested parties and successors in interest that the
2 City of Carlsbad has issued a Precise Development Plan (PDP 05-01) and Special Use
Permit (SUP 05-09) by Resolutions No. 6261 and 6262 on the property. Said Notice of
3 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
4 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.
6 11. No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
7 When so required, the Developer shall submit and obtain approval of the Fire Chief and
the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
° approved plan.
12. Developer shall submit and obtain Planning Director approval of an exterior lighting plan
IQ including parking areas. All lighting shall be designed to reflect downward and avoid
any impacts on adjacent homes or property.
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13. All roof appurtenances, including air conditioners, shall be architecturally integrated and
12 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.
14 14. Developer shall submit and obtain Planning Director approval of a Final Landscape and
15 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City's Landscape Manual. Developer shall construct and install all landscaping as
16 shown on the approved Final Plans, and maintain all landscaping in a healthy and
thriving condition, free from weeds, trash, and debris.
15. 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
19 project's building, improvement, and grading plans.
20 16. Developer shall construct, install and stripe not less than a total of 82 parking spaces, of
which approximately 18 spaces shall be in enclosed garages, as shown on Exhibit "C".
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17. Developer shall provide a minimum of five (5) bicycle parking spaces on site.
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18. Upon approval by City Council the setbacks/yards, open space, height and bulk of
buildings, fences and walls, landscaping, grading, dedication and improvement
24 requirements, phasing (if any), points of ingress and egress, and parking proposed
by PDP 05-01 shall be the minimum development standards for PDP 05-01.
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19. Upon approval by City Council this Precise Development Plan (PDP 05-01) site plan
26 shall become the approved site plan for the entire 4.18-acre Leucadia Wastewater
District campus development and shall supersede all preceding approvals for the
27 site.
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PCRESONO. 6261 -4-
Engineering:
2 The term Developer or Contractor shall refer to Agency or District or its authorized
representative for this project. The limits of the project relative to these conditions is within the
3 City Boundary of Carlsbad.
4 NOTE: Unless specifically stated in the condition, all of the following conditions must be met
prior to issuance of grading or building permit, whichever comes first.
x- General
20. 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
8 for the proposed haul route.
9 Fees/Agreements
21. Developer shall cause property owner to execute and submit to the City Engineer for
. recordation, the City's standard form Geologic Failure Hold Harmless Agreement.
12 22. 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
13 drainage across the adjacent property.
14 23. 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
17 on a form provided by the City Engineer.
18 Grading
19 24. 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 the
21 project.
22 25. Prior to 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
23 of work has been submitted to the State Water Resources Control Board.
24 26. Upon completion of grading, Developer shall file an "as-graded" geologic plan with the
City Engineer. The plan shall clearly show all the geology as exposed by the grading
operation, all geologic corrective measures as actually constructed and must be based on
26 a contour map which represents both the pre and post site grading. The plan shall be
signed by both the soils engineer and the engineering geologist, and shall be submitted on
27 a 24" x 36" mylar or similar drafting film format suitable for a permanent record.
27. 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 agreement from the
PCRESONO. 6261 -5-
owners of the affected properties. If Developer is unable to obtain the grading or slope
2 easement, or agreement, no grading permit will be issued. In that case Developer must
either apply for and obtain an amendment of this approval or modify the plans so grading
3 will not occur outside the project and apply for and obtain a finding of substantial
conformance from both the City Engineer and Planning Director.
Dedications/Improvements
,- 28. Additional drainage easements may be required. Developer shall dedicate and provide or
install drainage structures, as may be required by the City Engineer, prior to or concurrent
7 with prior to or concurrent with any grading or building permit.
8 29. 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
9 pay the standard improvement plancheck and inspection fees.
30. Developer shall execute a City standard Development Improvement Agreement to install
1I and secure with appropriate security as provided by law, public improvements shown on
the site plan and the following improvements including, but not limited to clearing and
12 grubbing, grading, undergrounding or relocation of utilities, to City Standards to the
satisfaction of the City Engineer. The improvements are:
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a. Water line
b. Fire hydrants
Improvements listed above shall be constructed within 18 months of approval of the
16 subdivision or development improvement agreement or such other time as provided in
said agreement.
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31. Developer shall comply with the City's requirements of the National Pollutant Discharge
1 ° Elimination System (NPDES) permit. Developer shall provide improvements constructed
, Q pursuant to best management practices as referenced in the "California Storm Water Best
Management Practices Handbook" to reduce surface pollutants to an acceptable level
20 prior to discharge to sensitive areas. Plans for such improvements shall be submitted to
and subject to the approval of the City Engineer. Said plans shall include but not be
21 limited to notifying prospective owners and tenants of the following:
77 'a. All owners and tenants shall coordinate efforts to establish or work with
23 established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
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b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
25 antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
9 , 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,
27 herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
28 containers.
PCRESONO. 6261 -6-
c. Best Management Practices shall be used to eliminate or reduce surface pollutants
2 when planning any changes to the landscaping and surface improvements.
3 32. Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a "Storm Water Pollution Prevention Plan
(SWPPP)." The SWPPP shall be in compliance with current requirements and provisions
t- 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
6 to the maximum extent practicable storm water pollutant runoff during construction of
the project. At a minimum, the SWPPP shall:
7
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;
10 c. recommend source control and treatment control Best Management Practices
(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
d: establish specific procedures for handling spills and routine clean up. Special
13 considerations and effort shall be applied to employee education on the proper
procedures for handling clean up and disposal of pollutants.
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33. 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 of
17; the California Regional Water Quality Control Board and City of Carlsbad Municipal
Code, all versions in effect at time of permit issuance. The SWMP shall address
18 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
19 SWMP shall:
20 a. identify existing and post-development on-site pollutants-of-concern;
21 b. identify the hydrologic unit this project contributes to and impaired water bodies
that could be impacted by this project;
22 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
maximum extent practicable before discharging to City right-of-way;
24 d. establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to (RESIDENT/EMPLOYEE) education
25 on the proper procedures for handling clean up and disposal of pollutants;
e. ensure long-term maintenance of all post construct BMPs in perpetuity; and
2° 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.
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Special Conditions
2
34. The Average Daily Trips (ADT) and floor area contained in the staff report and
3 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.
35. The Developer shall design and construct public facilities within public right-of-way or
6 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
7 maintenance, access and/or joint utility purposes.
o 36. Prior to commencement of construction, 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.
10
37. 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.
12 38. The Developer shall design and construct public water, sewer, and recycled water
13 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.
14
39. This project is approved upon the express condition that building permits will not be
issued for the development of the subject property, unless the District Engineer has
determined that adequate water and sewer facilities are available at the time of
occupancy.
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40. A fire flow system shall be required for this development and it shall be constructed as a
18 looped system. The Developer shall complete the looped water system by tying into the
existing waterline system in the shopping center to the satisfaction of the District
Engineer.
20 41. The Developer shall coordinate with the District Engineer regarding the looped system
21 and easements.
22 Code Reminders
23 The project is subject to all applicable provisions of local ordinances, including but not limited to
24 the following:
25 42. Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.26
43. The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
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44. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
PC RESO NO. 6261 -8-
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2 45. 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
3 Director prior to installation of such signs.
46. 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
6 of the City Engineer.
7 NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees,
9 dedications, reservations, or other exactions hereafter collectively referred to for convenience as
'fees/exactions."
10
1 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
12 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
13 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.14
i c 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,
16 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
17 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
lg 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 7th day of March 2007, by the
following vote, to wit:
AYES:
NOES:
Chairperson Baker, Commissioners Cardosa, Dominguez,
Douglas, Montgomery, and Segall
None
ABSENT: Commissioner Whitton
ABSTAIN: None
ER, Chairperson
PLANNING COMMISSION
ATTEST:
DONNEU
Planning Director
PCRESONO. 6261 -10-
EXHIBIT "POP 05-01"
MARCH 7, 2007
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A PRECISE
3 DEVELOPMENT PLAN, POP 05-01, TO ALLOW REMOVAL
AND/OR MODIFICATION OF EXISTING FACILITIES AND
. 4 CONSTRUCTION OF NEW IMPROVEMENTS FOR THE
LEUCADIA WASTEWATER DISTRICT ON PROPERTY
5 GENERALLY LOCATED ON THE NORTH SIDE OF LA COSTA
AVENUE BETWEEN EL CAMINO REAL AND VIEJO CASTILLO
6 WAY IN LOCAL FACILITIES MANAGEMENT ZONE 6.
CASE NAME: LWD SITE IMPROVEMENT PROGRAM
7 CASE NO.: POP 05-01
8 The City Council of the City of Carlsbad, California does ordain as follows:
9 SECTION I: That Precise Development Plan (POP) 05-01 has been prepared in
*° accordance with Chapter 21.36 of the Carlsbad Municipal Code, being the Public Utility (P-U)
Zone regulations.
12
SECTION II: That the findings and conditions of the Planning Commission as
set forth in Planning Commission Resolution No. 6261 constitute the findings and conditions of
,, the City Council.
,, EFFECTIVE DATE: This ordinance shall be effective thirty days after itslo
17 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
10 published at least once in a newspaper of general circulation within fifteen days after its
19 adoption.
20 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
21 Council held on the day of and thereafter.
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1 PASSED AND ADOPTED at a regular meeting of said City Council held on the
2 day of , , by the following vote, to wit:
3 AYES:
4 NOES:
5 ABSENT:
6 ABSTAIN:
7
APPROVED AS TO FORM AND LEGALITY
9
RONALD R. BALL, City Attorney
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12 CLAUDE A. LEWIS, Mayor
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14 ATTEST:
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16 LORRAINE M. WOOD, City Clerk
17 (SEAL)
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