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HomeMy WebLinkAbout2007-05-16; Planning Commission; Resolution 63011 PLANNING COMMISSION RESOLUTION NO. 6301 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE DEVELOPMENT PLAN SDP 03-01 TO DEVELOP A 5.9-ACRE 4 PARCEL WITH AN 84,894 SQUARE FOOT OFFICE 5 BUILDINGS LOCATED ON THE SOUTHEAST CORNER OF PALOMAR AIRPORT ROAD AND AVIARA PARKWAY IN 6 THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT 7 ZONE 5. CASE NAME: KELLY/JRM OFFICE BUILDING 8 CASE NO.: SDP 03-01 9 WHEREAS, Kelly/JRMC Palomar Airport Road I, LLC, "Developer/Owner" 10 has filed a verified application with the City of Carlsbad regarding property described as j 2 A portion of Parcel "C" and all of Parcel "D" of Parcel Map No. 2993, in the City of Carlsbad, County of San Diego, State 13 of California, according to map thereof no. PM 2993, filed in the Office of the County Recorder of San Diego, August 23, 14 1974 as file number 74-230326 15 ("the Property"); and 16 WHEREAS, said verified application constitutes a request for a Site Development 17 Plan as shown on Exhibits "A" - "H" dated May 16,2007, on file in the Planning Department, 18 19 KELLY/JRM OFFICE BUILDING - SDP 03-01 as provided by Chapter 21.06/Section 20 21.53.120 of the Carlsbad Municipal Code; and 21 WHEREAS, the Planning Commission did, on the 16th day of May, 2007 , hold a 22 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 2*j 25 relating to the Site Development Plan. 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning 2 Commission APPROVES KELLY/JRM OFFICE BUILDING - SDP 03-01 based on the following findings and subject to the following conditions: Findings; 4 1. That the requested use is properly related to the site, surroundings and environmental 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 7 traffic circulation, in that the project design complies with the development standards of the Planned Industrial zone except as modified by Administrative Variance AV 06-04 and all required public facilities and services will be provided. All required building setbacks are provided, lot coverage is well below the maximum permitted and the proposed landscaping exceeds the minimum required. The project also 10 complies with the provisions of the General Plan as it: provides street improvements and dedications to provide public street access, provides mitigation measures to comply with the noise standards and includes a buffer area from sensitive . j environmental areas as required by the Open Space and Conservation Element. 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that all applicable code requirements have been met including parking and building 14 coverage standards except as modified by Administrative Variance AV 06-04. The project provides the minimum required parking spaces and building coverage is 15 10.9% where 50% is permitted. The building height increase from 35 feet to 45 feet is permitted since the building does not contain more than three levels and the building conforms to Section 18.04.170 for building construction and safety criteria. 17 The proposed architectural protrusions are permitted from 45 feet to 51 '6" as the architectural features do not function to provide usable floor area; do not 13 accommodate and/or screen mechanical equipment; do not adversely impact adjacent properties; and are necessary to ensure the buildings design excellence. _~ 3. 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 21 provided and maintained, in that setback areas have been landscaped to screen the parking areas. Adequate on-site vehicular circulation has been provided to 22 accommodate passenger and truck traffic. Access to the site will be provided by the dedication of Laurel Tree Road as a public street. 4. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the proposed Laurel Tree Road will be adequate 25 to handle the 1,700 ADT generated by the proposed office building and that the signalized intersection of Laurel Tree Road and Aviara Parkway is existing and 26 adequate in capacity. 27 5. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 5 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or PCRESONO.6301 -2- provide funding to ensure that all facilities and improvements regarding sewer collection 2 and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the 3 project will be installed to serve new development prior to or concurrent with need. Specifically,4 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. b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. c. The Local Facilities Management fee for Zone 5 is required by Carlsbad 9 Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 10 6. A growth management park fee of 40 cents per square foot of non-residential development will be collected at the time of building permit issuance. This fee will be used to construct recreational facilities to offset demand created by employees within Local Facilities Management Zone 5. 7. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal 14 Code Section 14.28.020 and Landscape Manual Section I B). 15 8. That the City has adopted a Citywide Trails Program and a segment of the trail network is associated with this project. The applicant shall prepare and submit a trail plan for , approval by the Park and Recreation Director prior to construction. Construction shall be , 7 inspected to ensure conformity with the Standards for Design and Construction of Public Works Improvements in the City of Carlsbad ("Standards"); Trail Construction 18 Standards; and the approved plans. 19 9. 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 2 j 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 the issuance of a 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 implemented and maintained over time, if any of such conditions fail to be so 26 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 27 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.6301 -3- 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. 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. 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 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 approval is not validated. 20 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. 21 ,_~ 7. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its 23 obligation to provide school facilities. 24 g. 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 Plan prior to the issuance of building permits, including, but not limited to the following: 26 a. A growth management park fee of 40 cents per square foot of non-residential 27 development will be collected at the time of building permit issuance. This fee will be used to construct recreational facilities to offset demand created by employees within Local Facilities Management Zone 5. PCRESONO. 6301 -4- 9. This approval shall become null and void if not exercised within 36 months from the date 2 of project approval (approval of LCPA 06-05 by the California Coastal Commission). 3 10. This approval is granted subject to the approval of GPA 04-20, ZC 04-15, LCPA 06-05, CDP 03-03, PIP 03-01, AV 06-04, MS 06-12 and City Council's Consistency Determination for the McCIellan Palomar Airport Comprehensive Land Use Plan - and is subject to all conditions contained in Planning Commission Resolutions No. 6296, 6297, 6298 6299, 6300 and Planning Director Letters of approval for PIP 03-01 and 6 AV 06-04 and City Engineer letter of approval for MS 06-12 for those other approvals incorporated herein by reference. 7 11. Approval is granted for SDP 03-01 as shown on Exhibits "A" - "H", dated May 16, 2007, 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. As a condition of this approval, applicant must comply with the requirements of all 11 regulatory agencies having jurisdiction over the project and any mitigation requirements of the environmental documents for the project. Pursuant to Government Code section 12 65871 and Carlsbad Municipal Code Title 20, Chapter 20.04, section 20.04.140, applicant ,., shall grant a conservation easement for the conservation, protection, and management of fish, wildlife, native plants, and the habitat necessary for biologically sustainable 14 populations of certain species thereof, in accordance with the City's adopted Habitat Management Plan. 15 13. Prior to Certificate of Occupancy, the Developer shall take the following actions to the satisfaction of the Planning Director in relation to the open space lot(s) which are being , - conserved for natural habitat in conformance with the City' s Habitat Management Plan: a. Select a conservation entity, subject to approval by the City, that possesses 1 g qualifications to manage the open space' lot(s) for conservation purposes. , o b. Prepare a Property Analysis Record (PAR) or other method acceptable to the City for estimating the costs of management and monitoring of the open space lot(s) in 20 perpetuity. Based on the results of the PAR, provide a non-wasting endowment or other financial mechanism acceptable to the Planning Director and conservation entity, 22 if any, in an amount sufficient for management and monitoring of the open space lot(s) in perpetuity. The Conservation Easement shall provide that the 23 non-wasting endowment shall transfer to the City if the City accepts the Irrevocable Offer to Dedicate fee title to the open space lot(s). d. Record a Conservation Easement over the open space lot(s) which includes an 25 Irrevocable Offer to Dedicate fee title to the open space lot(s) in favor of the City. 26 14. Prepare an Interim Management Plan which will ensure adequate management of the 27 open space lot(s) until such time as a permanent preserve management plan is prepared and approved by the City. 28 PC RESO NO. 6301 -5- 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 15. 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 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. 16. 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 condition, free from weeds, trash, and debris. 17. 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 project's building, improvement, and grading plans. 18. 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 Directors of Community Development and Planning. 19. 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 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 Coastal Development Permit, Site Development Permit, Planned Industrial Permit and Administrative Variance by Resolutions No. 6300 and 6301 on the 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 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. 20. The developer shall comply with the FAA's Part 77 requirements and provide proof of approval/compliance from the FAA. 21. The property owner shall notify all tenants, and include in their lease, the environmental impacts associated with Palomar Airport and Palomar Airport Road. 22. Prior to the recordation of the first final parcel map or the issuance of building permits, whichever occurs first, the 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 approval of the Planning Director and the City Attorney (see Noise Form #1 on file in the Planning Department). 23. Prior to the recordation of the first final parcel map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar PC RESO NO. 6301 -6- Airport, in a form meeting the approval of the Planning Director and the City Attorney 2 (see Noise Form #2 on file in the Planning Department). 3 24. Prior to issuance of building permits, the Developer shall record an Avigation Easement for the property to the County of San Diego and file a copy of the recorded document 4 with the Planning Director. 25. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high 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 7 Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. 8 26. 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 impacts on adjacent homes, property, or environmentally sensitive habitat areas. The maximum height of all fixtures shall not exceed 30 feet. 11 27. No roof equipment shall be allowed except for vents and make-up air units 12 necessary to comply with the requirements of the building, plumbing, electrical and fire codes. Skylights are permitted. Necessary roof vents, make-up air and any other required fixtures shall be painted to match the color of the roof. The roof I. shall be gray in color and shall remain gray for the life of the building. 15 28. Developer shall construct, install, and stripe not less than 340 parking spaces, as shown on Exhibits "A" - "H", dated May 16,2007. 16 29. Developer shall dedicate, on the final map, an open space easement over lot Two which 17 are riparian habitat and associated buffer area plus all other lands set aside as part of the Citywide Open Space System to prohibit any encroachment or development, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways, 19 and landscaping, as shown on Exhibit "A" - MH" dated May 16,2007. 20 30. Prior to approval of the final map, the Developer shall provide an irrevocable offer of dedication to the City of Carlsbad for a trail easement for trail(s) shown on the (i.e., tentative map) within Lot(s) ONE. Prior to the issuance of any building permits, the trail shall be constructed as a public trail for public use and accepted by the City of Carlsbad upon adoption of a Citywide Trails Program that includes provisions for 23 maintenance and liability. Otherwise, prior to issuance of any building permits, the obligation for acceptance, construction, maintenance, and liability shall be the 24 responsibility of another agency designated by the City or the responsibility of the property owner.25 31. Prior to the approval of a parcel map the Developer shall pay to the City a Trail Plan Check fee and inspection fee in accordance with the current city fee schedule. 27 28 PCRESONO. 6301 -7- Code Reminders 2 3 32. 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. 4 33. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 6 34. Approval of this request shall not excuse,compliance with all applicable sections of the 7 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein.8 n 35. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the State Building Code. 10 36. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 11 Code Section 18.04.320. 12 37. Any signs proposed for this development shall at a minimum be designed in conformance 13 with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. 14 15 NOTICE 16 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, 17 reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."18 i Q 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 20 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 21 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or jj annul their imposition. 23 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, 24 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 2/: expired. 27 28 PCRESONO. 6301 -8- 1 2 3 4 5 6 7 8 9 10 11 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 16th day of May 2007, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez, Douglas, Montgomery, Whitton JULIE B CARLSB ATTEST: rv hairperson .NNING COMMISSION DONNEU Planning Director PCRESONO. 6301 -9-