HomeMy WebLinkAbout2007-12-05; Planning Commission; Resolution 63631 PLANNING COMMISSION RESOLUTION NO. 6363
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
DEVELOPMENT PLAN SDP 07-03 TO DEVELOP A 1.94-
4 ACRE PARCEL WITH A 19,760-SQUARE-FOOT MEDICAL
5 OFFICE BUILDING LOCATED ON THE SOUTHEAST
CORNER OF EL CAMINO REAL AND TOWN GARDEN
6 ROAD IN PLANNING AREA 1 OF THE BRESSI RANCH
MASTER PLAN AND IN LOCAL FACILITIES
7 MANAGEMENT ZONE 17.
CASE NAME: BRESSI RANCH MEDICAL PLAZA
* CASE NO.: SDP 07-03
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WHEREAS, David Di Rienzo, "Developer," has filed a verified application with
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the City of Carlsbad regarding property owned by Bressi Ranch Medical Plaza, LLC, "Owner,"
j2 described as
13 Lot 1 of Carlsbad Tract 02-15 Bressi Ranch, in the City of
Carlsbad, County of San Diego, State of California, according
14 to the map thereof No. 14960, filed in the office of the County
1 <- Recorder of San Diego County, February 4,2005
16 ("the Property"); and
17 WHEREAS, said verified application constitutes a request for a Site Development
18 Plan as shown on Exhibits "A" - "M" dated December 5, 2007, on file in the Planning
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Department, BRESSI RANCH MEDICAL PLAZA - SDP 07-03 as provided by Chapter
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21.06/Section 21.53.120 of the Carlsbad Municipal Code; and
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22 WHEREAS, the Planning Commission did, on the 5th day of December, 2007,
23 hold a duly noticed public hearing as prescribed by law to consider said request; and
24 WHEREAS, at said public hearing, upon hearing and considering all testimony
25 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
26 relating to the Site Development Plan.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning28
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Planning
3 Commission APPROVES BRESSI RANCH MEDICAL PLAZA - SDP 07-03
based on the following findings and subject to the following conditions:4
c- Findings;
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
7 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
° traffic circulation, in that the proposed medical office building is appropriate in the
General Plan Office Land Use designation and the Bressi Ranch Master Plan Office
Land Use and Zoning designations, that the proposed development meets the
10 minimum development standards for the Office Zone, and that adequate separation
of uses would ensure compatibility with the adjacent Industrial, Office, and Open
Space land uses.
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the project complies with all City policies and standards without the need for a
variance from development standards.
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3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
15 the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that the project provides the required setbacks and
incorporates landscaping consistent with the City of Carlsbad Landscape Manual
and the Bressi Ranch Master Plan.
1 g 4. That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that El Camino Real, a prime arterial roadway, has
19 adequate capacity to handle the 548 additional ADT generated by the project. The
project's access is through the signalized intersection at El Camino Real and Town
20 Garden Road.
21 5. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the
22 McClellan-Palomar Airport, dated April 1994. The project is compatible with the
projected noise levels of the CLUP; and, based on the noise/land use compatibility matrix
23 of the CLUP, the proposed land use is compatible with the airport, in that the project is
located outside of the 60 CNEL noise contour and has been determined to be
consistent with the McClellan-Palomar Airport ALUCP by the San Diego County
25 Regional Airport Authority on October 4,2007.
26 6. 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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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
PC RESO NO. 6363 -2-
to mitigate impacts caused by or reasonably related to the project, and the extent and the
2 degree of the exaction is in rough proportionality to the impact caused by the project.
3 Conditions:
4 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
building permit.
g 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
7 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
° future building permits; deny, revoke, or further condition all certificates of occupancy
o 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
10 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 Site Development Plan.
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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
13 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
14 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
I g regulations in effect at the time of building permit issuance.
17 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
18 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
20 all requirements of law.
21 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
23 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,
24 (b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
25 (c) Developer/Operator's installation and operation of the facility permitted hereby,
~s- 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
27 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
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6. Developer shall submit to Planning Director a reproducible 24" x 36" Mylar copy of the
2 Site Plan reflecting the conditions approved by the final decision-making body.
3 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
obligation to provide school facilities.
8. This project shall comply with all conditions and mitigation measures which are required
6 as part of the Zone 17 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
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9. 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
o 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
10 facilities will continue to be available until the time of occupancy.
11 10. This approval is granted subject to the adoption of the Negative Declaration and
approval of GPA 07-07, MP 178(F), CT 07-04, PUD 07-04, and SUP 05-17 and is
subject to all conditions contained in Planning Commission Resolutions No. 6359, 6360,
13 6361,6362,6364 and 6365 for those other approvals.
14 11. This approval shall become null and void if building permits are not issued for this
project within 24 months from the date of project approval.
, g 12. Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
17 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
18 condition, free from weeds, trash, and debris.
19 13. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
20 landscape plan check process on file in the Planning Department and accompanied by the
project's building, improvement, and grading plans.
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14. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
2? 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
24 Local Facilities Management Plan fee for Zone 17, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
25 approval will not be consistent with the General Plan and shall become void.
^f\15. All roof appurtenances, including air conditioners, shall be architecturally integrated and
27 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
28 Directors of Community Development and Planning.
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16. Developer shall submit to the City a Notice of Restriction to be filed in the office of the
2 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
3 Tentative Tract Map, Site Development Plan, Non-Residential Planned
Development, and Special Use Permit by Resolutions No. 6362, 6363, 6364 and 6365
on the property. Said Notice of Restriction shall note the property description, location of
c 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
6 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.
17. Developer shall prepare and record a Notice that this property may be subject to noise
9 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
10 Planning Department).
18. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high
19 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
13 Director. Enclosure shall be of similar colors and/or materials to the project to the
satisfaction of the Planning Director.
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19. 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
\ 5 impacts on open space property.
17 20. Developer shall construct, install, and stripe not less than 100 parking spaces, as shown
on Exhibit "A".
Engineering:
20 General
21. 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
23 established by the San Diego Region of the California Regional Water Quality Control
Board and the City of Carlsbad Requirements. The SWPPP shall address measures to
24 reduce to the maximum extent practicable storm water pollutant runoff during
construction of the project. At a minimum, the SWPPP shall:
26 a. Include all content as established by the California Regional Water Quality
Control Board requirements.
27 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
(BMPs) that will be implemented with this project to avoid contact or filter said
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pollutants from storm water to the maximum extent practicable before discharging
2 to City right-of-way or natural drainage course.
d. Establish specific procedures for handling spills and routine cleanup. Special
3 considerations and effort shall be applied to employee education on the proper
procedures for handling cleanup and disposal of pollutants.
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c 22. 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)."
6 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
7 the California Regional Water Quality Control Board and the 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
9 project. At a minimum, the SWMP shall:
10 a. Identify existing and post-development on-site pollutants-of-concern.
b. Identify the hydrologic unit this project contributes to and impaired water bodies
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
13 maximum extent practicable before discharging to City right-of-way.
d. Establish specific procedures for handling spills and routine cleanup. Special
14 considerations and effort shall be applied to employee education on the proper
procedures for handling cleanup and disposal of pollutants.
e. Ensure long-term maintenance of all post-construct BMPs in perpetuity.
f. Identify how post-development runoff rates and velocities from the site will not
exceed the predevelopment runoff rates and velocities to the maximum extent
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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 final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
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 5th day of December 2007, by the
following vote, to wit:
AYES:
NOES:
Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez,
Douglas, and Montgomery
ABSENT: Commissioner Whitton
JULIE BAKER\Chairperson
CARLSBVLPIANNING COMMISSION
ATTEST:
DON NEU
Planning Director
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