HomeMy WebLinkAbout2007-12-05; Planning Commission; Resolution 63531 PLANNING COMMISSION RESOLUTION NO. 6353
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
3 RETROACTIVE THREE-YEAR EXTENSION OF CARLSBAD
TRACT CT 02-12 TO ALLOW THE DEMOLITION OF THE
4 EXISTING 154,000 SQUARE FOOT BUILDING, AND TO
, SUBDIVIDE THE 12.71 ACRE SITE INTO FIVE LOTS FOR
THE DEVELOPMENT OF FOUR OFFICE BUILDINGS
6 TOTALING 276,900 SQUARE FEET AND A PARKING DECK
STRUCTURE ON PROPERTY GENERALLY LOCATED
7 NORTH OF PALOMAR AIRPORT ROAD, SOUTH OF
CANNON ROAD, EAST OF THE RAIL ROAD TRACKS,
8 WEST OF AVENIDA ENCINAS, WITHIN LOCAL FACILITIES
9 MANAGEMENT ZONE 3.
CASE NAME: CARLSBAD OFFICE CAMPUS
10 CASE NO.: CT 02-12x1
11 WHEREAS, Hofman Planning & Engineering, "Developer," has filed a
12 verified application with the City of Carlsbad regarding property owned by Palama Huna LLC,
13
"Owner," described as
14
AH that portion of Parcel 1 of Parcel Map No. 16274, in the
City of Carlsbad, County of San Diego, State of California,
16 filed in the Office of the County Recorder of San Diego County
on October 26,1990
17
("the Property"); and18
jo WHEREAS, said verified application constitutes a request for a Tentative Tract
20 Map Extension (CT 02-12x1) as shown on Exhibits "A" - "U" dated March 8, 2005 and
21 Exhibits "A" - "C" dated December 5, 2007, on file in the Planning Department CARLSBAD
22 OFFICE CAMPUS - CT 02-12, as provided by Chapter 20.12 of the Carlsbad Municipal
23
Code; and
24
WHEREAS, on March 8, 2005, the City Council approved, CT 02-12, as
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26 described and conditioned in City Council Resolution No. 2005-064 and Planning Commission
27 Resolution No. 5818; and
28 WHEREAS, the Planning Commission did, on the 5th day of December, 2007,
hold a duly noticed public hearing as prescribed by law to consider CT 02-12x1; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
2
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
3
relating to the Tentative Tract Map Extension.4
5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
6 Commission of the City of Carlsbad as follows:
7 A) That the foregoing recitations are true and correct.
g
B) That based on the evidence presented at the public hearing, the Commission
9 APPROVES CARLSBAD OFFICE CAMPUS - CT 02-12x1, based on the
following findings and subject to the following conditions:
10
Findings:
12 1. All findings contained in City Council Resolution No. 2005-064 dated March 8, 2005
for CT 02-12, and referenced in Planning Commission Resolution No. 5818 are
13 incorporated herein by reference and remain in effect.
14 2. That the design and improvement of the subdivision are consistent with the general plan,
Titles 20 and 21 of this code, and any public facility or growth management policies in
15 existence at the time the extension is approved in that the project remains in
< fi compliance with the General Plan, current codes, policies and Growth Management
Ordinance requirements as conditioned.
17 3. That the subdivider is diligently pursuing those acts required to obtain a final map for the
18 subdivision in that the applicant has hired a planning consulting firm to prepare the
necessary documents to obtain the approval of the final map.
4. That all related permits or approvals issued pursuant to Title 21 have been extended to
expire concurrent with the tentative map in that a condition has been added
2\ establishing that the Non-Residential Planned Development Permit (PUD 02-05) and
Planned Industrial Permit (PIP 02-04) will expire concurrent with the Tentative
22 Map.
23 5. That such permits and approvals as extended are consistent with the requirements of Title
21 of this code at the time of the extension of the tentative map in that the project
remains in compliance with current standards of Title 21.
25 6. The Planning Director has determined that:
26 a. the project is a project for which a Mitigated Negative Declaration and
27 Mitigation Monitoring and Reporting Program, Carlsbad Office Campus -
CT 02-12, dated March 8, 2005, (City Council Resolution No. 2005-064) was
2 ° previously adopted [15162];
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b. this project is consistent with the project sited above;
2 c. a Mitigated Negative Declaration and Mitigation Monitoring and Reporting
3 Program was adopted in connection with the prior project or plan;
4 d. the project has no new significant environmental effect not analyzed as significant
in the prior Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program; and
e. none of the circumstances requiring a Subsequent Mitigated Negative
7 Declaration under CEQA Guidelines Section 15162 exists.
8 7. 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.
Conditions;
12 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map
recordation or issuance of a grading permit, whichever occurs first.
1 4 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
15 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
16 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
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 Extension.
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2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Tentative Tract Map Extension 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
22 development different from this approval, shall require an amendment to this approval.
23 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.
25 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
26 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.
PCRESON0.6353 -3-
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
2 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
3 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 Tentative Tract Map
4 Extension, (b) City's approval or issuance of any permit or action, whether discretionary
r or non-discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator's installation and operation of the facility permitted hereby, including
6 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
7 all legal proceedings have been concluded and continues even if the City's approval is not
validated.
o
9 6. This approval is granted subject to the approval of PUD 02-05x1 and PIP 02-04x1 and is
subject to all conditions contained in Planning Commission Resolution No. 6354 and
10 Resolution No. 6355 for these other approvals and is subject to approval of CDP 02-
31x1 by the Planning Director.
12 7. All the conditions contained in City Council Resolution No. 2005-064 dated March
8, 2005 for CT 02-12, and referenced in Planning Commission Resolution No. 5818,
13 are incorporated herein by reference and remain in effect, except for the following:
Engineering Condition No. 23 has been deleted and replaced with Condition No. 8
14 below; Engineering Condition No. 25 has been deleted and replaced with Condition
.- No. 9 below; Engineering Condition No. 35 has been deleted and replaced with
Condition No. 10 below; Engineering Condition No. 39 has been deleted and
16 replaced with Condition No. 11 below; Engineering Condition No. 40 has been
deleted and replaced with Condition No. 12 below; Engineering Condition No. 42
17 has been deleted and replaced with Condition No. 13 below; new Engineering
Conditions Nos. 14 -17 have been added below; Condition No. 53 has been deleted
and replaced with Condition No. 18 below.
19 8. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or
20 other recorded document, for maintaining the private easements within the
subdivision and all the private improvements: driveways, sidewalks, street lights,
21 landscaping and irrigation, 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 within the subdivision.
23
9. Developer shall install sight distance corridors at all street and driveway
24 intersections in accordance with Engineering Standards and shall record the
following statement on the Final Map (and in the CC&Rs).
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26 "No structure, fence, wall, tree, shrub, sign, or other object shall be placed or
permitted on the subject property within the Caltrans corner sight distance
27 corridors. No obstructions shall impede nor conflict with the line-of-sight
which is established per City Standard Public Street-Design Criteria, Section
2° 8.B.1 The sight line is depicted on the tentative map also applies to
driveways. The underlying property owner shall maintain this condition."
PC RESO NO. 6353 -4-
1
2 The limits of these sight distance corridors shall be reflected on all improvement,
grading, or landscape plans prepared in association with this development.
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10. Developer shall execute and record a City standard Subdivision Improvement
4 Agreement to install and secure with appropriate security as provided by law,
r public improvements shown on the Tentative Map and the following improvements
including, but not limited to paving, base, signing & striping, sidewalks, curbs and
6 gutters, medians, grading, clearing and grubbing, undergrounding or relocation of
facilities, sewer, water, fire hydrants, street lights, water quality treatment facilities
7 and reclaimed water, to City Standards to the satisfaction of the City Engineer. The
improvements are:o
9 a) Onsite improvements including but not limited to sewer, water, recycled
water, storm drain, water quality treatment facilities, and access as shown on
10 the Tentative Map.
1 b) Removal of existing sewer and water services and appurtenances if found in
12 conflict with the proposed development.
13 c) Water Quality treatment systems shall be designed to the satisfaction of the
Planning Director and City Engineer. Additional Structural BMP devices
14 may be required to comply with the current City of Carlsbad Standard
Urban Stormwater Mitigation Plan (SUSMP). Low Impact Design (LID)
shall be incorporated for all drainage areas, ribbon gutters, vegetated swales
15 and private storm drain systems.
17 d) The proposed Sewer Connection to Buena Vista - Carlsbad Interceptor
Trunk Line shall be designed and approved by the City Engineer. Access
easements, lining and reconstruction of the existing accesshole may be
19 required to the satisfaction of City Engineer. A conceptual sewer connection
detail is shown on TM-3 and is subject to approval and final design.
20
e) Undergrounding of existing overhead utilities within and/or adjacent to the
21 site.
22 f) Frontage improvements along Avenida Encinas, as generally shown on the
23 tentative map , including but not limited to: installation of new driveways,
replacement of any damaged curb, gutter & sidewalk, or pavement overlays
24 required by construction or utility connections: Additional utility
installations required of this development or part of the undergrounding
conditions associated with this project.
26 A list of the above shall be placed on an additional map sheet on the Final Map per
27 the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed
above shall be constructed within 18 months of approval of the subdivision
28 improvement agreement or such other time as provided in said agreement.
PC RESO NO. 6353 -5-
11. Prior to the issuance of grading permit or building permit, whichever occurs first,
2 Developer shall submit for City approval a "Storm Water Pollution Prevention Plan
(SWPPP)." The SWPPP shall be in compliance with current requirements and provisions
3 established by the San Diego Region of the California Regional Water Quality Control
Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce
to the maximum extent practicable storm water pollutant runoff during construction of
the project. At a minimum, the SWPPP shall:
6 a. Include all content as established by the California Regional Water Quality
Control Board requirements;
7 b. Include the receipt of "Notice of Intent" issued by the California Regional Water
Quality Control Board;
c. Recommend source control and treatment control Best Management Practices
9 (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
10 to City right-of-way or natural drainage course; and
d. Establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to employee education on the proper
, ~ procedures for handling clean up and disposal of pollutants.
13 12. 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)".
14 The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of
the California Regional Water Quality Control Board and City of Carlsbad Municipal
Code (or current update). The SWMP shall address measures to avoid contact or filter
said pollutants from storm water, to the maximum extent practicable, for the post-
17 construction stage of the project. At a minimum, the SWMP shall:
a. Identify existing and post-development on-site pollutants-of-concern;
1Q b. Identify the hydrologic unit this project contributes to and impaired water bodies
that could be impacted by this project;
20 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
21 maximum extent practicable before discharging to City right-of-way;
d. Establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to resident education on the proper
23 procedures for handling clean up and disposal of pollutants;
e. Ensure long-term maintenance of all post construct BMPs in perpetuity; and
24 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.
13. Note(s) to the following effect(s) shall be placed on the map as non-mapping data
27
A. Building permits will not be issued for development of the subject property
28 unless the appropriate agency determines that sewer and water facilities are
available.
PC RESO NO. 6353 -6-
B. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches
2 above the street level may be placed or permitted to encroach within the area
identified as sight distance corridors.
3
C. This project is a condominium project as defined in section 1350 of the
4 government code and contains a maximum of 4 non-residential units on 5
c Lots. More specifically the project is approved as a PUD of 4 buildings each
containing 1 unit and 1 common lot.
6
D. All improvements are privately owned and are to be maintained with the
7 exception of the following:
c
1. The public water system as generally shown on the tentative map, subject
9 to final design and approval.
10 2. The public sanitary sewer system as generally shown on the tentative
map, subject to final design and approval.
12 14. Developer shall submit to the City Engineer, a reproducible 24" x 36", mylar copy
of the tentative map and a digital copy of said map (in approved format) reflecting
13 the conditions approved by the final decision making body. The reproducible shall
be submitted to the City engineer, reviewed and, if acceptable, signed by the City's
14 project engineer and project planner prior to submittal of the building plans, final
map, improvement or grading plans, whichever occurs first. The digital file copy
shall be submitted in a format as approved by the City Engineer.
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15. Prior to the approval of the final map or certificate of compliance the developer
17 shall pay or agree to pay and provide proof of recorded reimbursement agreement
for the payment of increased drainage fees related to this project.
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IP 16. Developer shall cause property owner to process, execute and submit an executed
copy to the City Engineer for recordation a City standard Best Management
20 Practice Maintenance Agreement for the perpetual maintenance of all treatment
control, applicable site design and source control, post-construction permanent
21 BMP's prior to the issuance of a grading permit or building permit, or the
_- recordation of a final map, whichever occurs first for this Project.
23 17. If approved by the City Engineer, the Developer may request that the City construct
and modify the existing Access hole and sewer connection concurrent with adjacent
24 repairs to the Buena Vista - Carlsbad Interceptor trunk sewer. Prior to the approval
of final map, any grading or building permit, an agreement and deposit of funds to
cover this improvement shall be approved by Developer and the City.
26 18. This Tentative Map Extension is granted for a period of three (3) years retroactively
27 from March 9,2007 through March 8,2010.
28
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1 NOTICE
2
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
A "fees/exactions."
5 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
6 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.
9 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
11 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
12 expired.
13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 5th day of December, 2007, by the
following vote, to wit:
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AYES: Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez,
Douglas, and Montgomery
1 8 NOES:
19
ABSENT: Commissioner Whitton
20
ABSTAIN:21
22
23 ..
JULIE BAKERvChairperson
24 CARLSBAD PLANNING COMMISSION
25
26 ATTEST:
27
28 DONNEU
Planning Director
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