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HomeMy WebLinkAbout2007-10-17; Planning Commission; Resolution 6336PLANNING COMMISSION RESOLUTION NO. 6336 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE 2 CITY OF CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP TO ALLOW THE CONVERSION 3 OF AN EXISTING THREE-STORY OFFICE BUILDING INTO 24 AIRSPACE NONRESIDENTIAL CONDOMINIUMS 4 LOCATED AT 2710 LOKER AVENUE WEST WITHIN LOCAL 5 FACILITIES MANAGEMENT ZONE 5. CASE NAME: ATRIUM II OFFICE CONDOS 6 CASE NO.: CT 06-09 7 WHEREAS, Franz-Atrium II, LP, "Developer/Owner," has filed a verified g application with the City of Carlsbad regarding property described as 9 Parcel 1 of Parcel Map No. 18720, in the City of Carlsbad, 10 County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, June 5, 2001 as file 11 No. 2001-0368564 of official records 12 ("the Property"); and 13 WHEREAS, said verified application constitutes a request for a Tentative Tract 14 Map as shown on Exhibits "A" - "F" dated October 17, 2007, on file in the Planning 16 Department, ATRIUMM II OFFICE CONDOS - CT 06-09, as provided by Chapter 20.12 of 17 the Carlsbad Municipal Code; and 18 WHEREAS, the Planning Commission did, on the 17th day of October 2007, 19 hold a duly noticed public hearing as prescribed by law to consider said request; and 20 WHEREAS, at said public hearing, upon hearing and considering all testimony 21 22 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 23 relating to the Tentative Tract Map. 24 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 25 Commission of the City of Carlsbad as follows: 26 A) That the foregoing recitations are true and correct. 27 B) That based on the evidence presented at the public hearing, the Commission 28 APPROVES ATRIUM II OFFICE CONDOS - CT 06-09 based on the following findings and subject to the following conditions: Findings: 2 1. That the proposed map and the proposed design and improvement of the subdivision as 3 conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State 4 Subdivision Map Act, and will not cause serious public health problems, in that the proposed subdivision complies with all minimum requirements of Title 20, has been designed to comply with the Carlsbad Airport Business Center Specific Plan (SP- 200), the Nonresidential Planned Development Ordinance, and the Planned Industrial (P-M) Zone development standards. 7 2. That the proposed project is compatible with the surrounding land uses since the subject 8 and surrounding properties are designated for Planned Industrial development on the General Plan. 3. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate office development, in that the project 11 complies with all development standards and public facilities requirements without the need for variances from the development standards. 12 4. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that concurrent with the recordation of the final map the developer will vacate and 15 adjust any easements that conflict with the proposed development. 16 5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 6. That the Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the 19 environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents Pursuant to Section 15301(k) of the California 20 Environmental Quality Act exemptions (Class 1), projects characterized as Existing Facilities which involve the subdivision of existing commercial, office or industrial buildings where no other physical changes are involved, are exempt from environmental 22 review. 23 7. That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that the structures are 24 oriented in a manner that allows for solar exposure and to take advantage of prevailing breezes. 8. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their 27 habitat, in that the site is developed and no natural resources exist on the site. 28 9. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has PC RESO NO. 6336 -2- been designed in accordance with, and conditioned to comply with, the National 2 Pollution Discharge Elimination System Standards to prevent any discharge violations. 3 10. 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 t- the staff report dated October 17,2007 including, but not limited to the following: 5 a. Land Use - The proposed office uses are consistent with Specific Plan 200 and the Planned Industrial (PI) General Plan Land Use and Planned 7 Industrial (P-M) Zoning designations for the site. o b. Circulation - All public infrastructure necessary to serve the project has been g constructed in accordance with City standards. 10 c. Noise - The project is not significantly impacted by roadway noise from Loker Avenue West or from noise from the operation of McClellan-Palomar 11 Airport. 12 11. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local 13 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 14 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 jg project will be installed to serve new development prior to or concurrent with need. Specifically, 17 a. The project has been conditioned to provide proof from the Carlsbad Unified 1 ° School District that the project has satisfied its obligation for school facilities. 19 b. Developer shall pay non-residential park-in-lieu fee to the City, prior to the 20 approval of a building permit or the final map to be used for park facilities within Zone 5. 21 12. The project has been conditioned to pay any increase in public facility fee, or new 22 construction tax, or development fees, and has agreed to abide by any additional ~., requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of 24 public facilities and will mitigate any cumulative impacts created by the project. 25 13. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 5. 26 14. 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 2g created by this project and in compliance with adopted City standards. PC RESO NO. 6336 -3- 15. The Planning Commission has reviewed each of the exactions imposed on the Developer 2 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 3 degree of the exaction is in rough proportionality to the impact caused by the project. 4 Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of 5 the final map. 7 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 ° implemented and maintained according to their terms, the City shall have the right to q 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 10 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 11 conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Tentative Tract Map. 13 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map documents, as necessary to make them 14 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. 16 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 17 regulations in effect at the time of building permit issuance. 18 4. Prior to recordation of the final map the applicant shall provide to the Planning .„ Department a copy of a compliance inspection performed by the Building Department. 20 5. If any condition for construction of any public improvements or facilities, or the payment 21 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 66020. If any such condition is determined to be invalid this approval shall be invalid 23 unless the City Council determines that the project without the condition complies with all requirements of law. 24 6. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold 25 harmless the City of Carlsbad, its Council members, officers, employees, agents, and _, 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 27 or indirectly, from (a) City's approval and issuance of this Tentative Tract Map, (b) City's approval or issuance of any permit or action, whether discretionary or non- 28 discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including PC RESO NO. 6336 -4- without limitation, any and all liabilities arising from the emission by the facility of 2 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 3 validated. 7. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar e copy of the Tentative Map reflecting the conditions approved by the final decision making body. 6 8. 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 obligation to provide school facilities. o 9 9. 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 10 Plan prior to the issuance of building permits. 10. 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 13 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. A note to this effect 14 shall be placed on the Final Map. 11. Developer shall establish an owner's association and corresponding covenants, conditions 16 and restrictions. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. The CC&Rs shall adequately address maintenance of all common landscape areas, employee eating areas, and paved access and parking areas. Prior to recordation of the final map the Developer shall provide the Planning Department with a draft copy of the CC&Rs. The approved 19 CC&Rs shall be recorded immediately following the final map. At a minimum, the CC&Rs shall contain the following provisions: 20 a. General Enforcement by the City. The City shall have the right, but not the 21 obligation, to enforce those Protective Covenants set forth in this Declaration in favor 22 of, or in which the City has an interest. 23 b. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right 24 to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. ^O 26 c. Failure of Association to Maintain Common Area Lots and Easements. In the event that the Association fails to maintain the "Common Area Lots and/or the 27 Association's Easements" as provided in Article , Section the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with PC RESO NO. 6336 -5- particularity the maintenance which the City finds to be required and requesting the 2 same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such 3 maintenance of the Common Area Lots and/or Association's Easements within the period specified by the City's notice, the City shall be entitled to cause such work to 4 be completed and shall be entitled to reimbursement with respect thereto from the <- Owners as provided herein. 6 d. Special Assessments Levied by the City. In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association's Easements, 7 the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association's Easements. The City shall provide a copy of such invoice to each Owner in the 9 Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in 10 the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, , 2 payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may 13 pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other 14 rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal prorata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and 16 shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to 17 levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special assessment in , n accordance with the procedures set forth in Article of this Declaration. 20 e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit "F" of CT 06- 21 09. 22 f. The required CC&Rs shall assign to a governing board the responsibility for 23 reviewing all proposed tenant improvements for the project to ensure that the number of required parking spaces to accommodate the combined proportions 24 of uses, based on the parking ratios required by Chapter 21.44 of the Carlsbad Municipal Code, does not exceed 129 spaces. 26 g. Prior to submitting building plans for tenant improvements to the City of Carlsbad Building Department, the governing board shall be required to 27 approve the tenant improvement plans for purposes of assuring an adequate distribution of parking spaces. 28 PC RESO NO. 6336 -6- h. The location and size of all employee eating areas, parking areas, and 2 landscaped areas within the project, as shown on Exhibit "F" of CT 06-09, shall not be altered, reduced, fenced, or divided to preclude the equal use by all 3 owners/employees of the site. 4 i. All on-site parking and access aisles/driveways proposed for the Atrium II c project shall be shared between all uses in perpetuity. 6 12. This approval is granted subject to the approval of PUD 06-07 and is subject to all conditions contained in Planning Commission Resolution No. 6337 for those other 7 approvals incorporated herein by reference. o 13. Developer shall submit to the City a Notice of Restriction to be filed in the office of the 9 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 10 Tentative Tract Map and Nonresidential Planned Development Permit by Resolutions No. 6336 and 6337 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details, and all 12 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 13 an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 14 15 14. Tenant improvements for this project are only permitted if the parking provided complies with city ordinance parking requirements (CMC Chapter 21.44). This 16 statement shall be included in the Notice of Restriction that is required in Condition 14 of this resolution. 17 15. Developer shall construct a cover over the existing trash receptacle and recycling areas to the satisfaction of the Planning Director. 19 16. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. 20 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. 22 17. All lighting shall be designed to reflect downward and avoid any impacts on adjacent 23 homes or property. 24 Engineering: 25 ^ .General 26 18. Developer shall submit to the City Engineer, a reproducible 24" x 36", mylar copy of the 27 tentative map and a digital copy of said map (in approved format) reflecting the conditions approved by the final decision making body. The reproducible map shall be 28 submitted to the City engineer, reviewed and, if acceptable, signed by the City's project PC RESO NO. 6336 -7- engineer and project planner prior to submittal of the final map. The digital file copy 2 shall be submitted in a format as approved by the City Engineer. 3 19. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other recorded document, for maintaining the private easements within the subdivision and all the private improvements: driveways, sidewalks, street lights, landscaping and irrigation, c storm drain and water quality treatment facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties 6 within the subdivision. 7 20. Developer shall install sight distance corridors at all street and driveway intersections in accordance with Engineering Standards and shall record the following statement on the Final Map (and in the CC&Rs): 9 "No structure, fence, wall, tree, shrub, sign, or other object shall be placed or 10 permitted on the subject property within the Caltrans corner sight distance corridors. No obstructions shall impede nor conflict with the line-of-sight which is established per City Standard Public Street-Design Criteria, Section 8.B.I. The 12 sight line is depicted on the tentative map and also applies to driveways. The underlying property owner shall maintain this condition." 13 21. There shall be one Final Map recorded for this project. 14 -. Fees/Agreements 16 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 17 drainage across the adjacent property. 18 23. Prior to approval of the Final Map, Developer shall pay all fees, deposits, and charges 19 for connection to public facilities or increase in specific use (units). Developer shall also pay the San Diego County Water Authority capacity charge(s) if applicable. 20 21 Final Map Notes 22 24. Developer shall show on Final Map the net developable acres for each parcel. 23 25. Notes to the following effects shall be placed on the map as non-mapping data: 24 a. All improvements are privately owned and are to be privately maintained with the exception of the following: 1. Public water main, fire hydrants and appurtenances; and 26 2. Public sewer mains and access holes. b. Final Map will not be issued for the subject property unless the appropriate agency 27 determines that sewer and water facilities are available. c. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the 2° street level may be placed or permitted to encroach within the area identified as sight distance corridors. PC RESO NO. 6336 -8- Sewer 2 26. The Developer shall demonstrate that public sewer facilities are within public right-of- 3 way or within minimum 20-feet wide easements granted to the City of Carlsbad. At the discretion of the District Engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. 27. This project is approved upon the express condition that the Final Map will not be issued 6 for the subject property, unless the District Engineer has determined that adequate water and sewer facilities are available at the time of occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data. 8 Water 9 28. Prior to approval of final map, Developer shall meet with the Fire Marshal to determine if 10 fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public * improvements and shall be served by public water mains to the satisfaction of the District , 2 Engineer. 13 Special Conditions 14 29. Prior to Final Map approval the entire potable water, recycled 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. Additional 15 water meters or sewer services could be required. In lieu of additional meters and services: Specific agreements to combine units, meters and billing statements as well 17 as additional fees and deposits, could be required to accommodate the proposed development.18 F 30. Prior to the approval of Final Map Developer shall submit for City approval a "Storm Water Management Plan (SWMP)". The SWMP shall demonstrate compliance with the 20 City of Carlsbad Standard Urban Storm water Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of the California Regional Water Quality Control Board 21 and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: 23 a. Identify existing and post-development on-site pollutants-of-concern; b. Identify the hydrologic unit this project contributes to and impaired water bodies 24 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 maximum extent practicable before discharging to City right-of-way; d. Establish specific procedures for handling spills and routine clean up. Special 27 considerations and effort shall be applied to resident education 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 PC RESO NO. 6336 -9- f. Identify how post-development runoff rates and velocities from the site will not 2 exceed the pre-development runoff rates and velocities to the maximum extent practicable. 3 31. Developer shall cause property owner to execute, and submit to the City Engineer for recordation, a City Standard deed restriction on the property which relates to the proposed c cross lot drainage as shown on the tentative map. The deed restriction document shall: 6 a. Clearly delineate the limits of the drainage course; b. State that the drainage course is to be maintained in perpetuity by the underlying property owner; and c. State that all future use of the property along the drainage course will not restrict, impede, divert or otherwise alter drainage flows in a manner that will result in 9 damage to the underlying and adjacent properties or the creation of a public nuisance. 10 32. Developer shall cause property owner to process, execute and submit an executed copy to the City Engineer for recordation a City standard Best Management Practice Maintenance 12 Agreement for the perpetual maintenance of all treatment control, applicable site design and source control, post-construction permanent BMPs prior to the issuance of a grading 13 permit or building permit, or the recordation of a final map, whichever occurs first for this Project. 14 15 33. The applicant shall prepare and provide for Fire Department approval a "Maintenance Agreement" that provides for the maintenance and repair of the fire sprinkler system and 17 its appurtenances. 1 O10 Code Reminders 19 The project is subject to all applicable provisions of local ordinances, including but not limited to 20 the following: 21 34. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final. 23 35. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the Tentative Map are for planning purposes only. Developer shall pay traffic impact and 24 sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. £*-J 36. 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 27 permit issuance, except as otherwise specifically provided herein. 28 37. xhe project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the State Building Code. PC RESO NO. 6336 -10- 1 2 38. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 3 39. 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 r Director prior to installation of such signs. 6 40. Developer shall give all notices of the condominium conversion to all tenants as required by the Subdivision Map Act and the Carlsbad Municipal Code. 7 41. 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. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6336 -11- 1 2 4 5 7 8 9 10 11 12 13 14 16 18 19 20 21 22 23 24 25 26 27 28 NOTICE 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." You have 90 days from date of 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 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. 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, 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 17th day of October 2007, by the following vote, to wit: AYES:Chairperson Baker, Commissioners Boddy, Cardosa, Douglas, Montgomery, and Whitton NOES: ABSENT: Commissioner Dominguez ABSTAIN: JULIE B CARLSB hairperson .NNING COMMISSION DON NEU Planning Director PC RESO NO. 6336 -12-