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HomeMy WebLinkAbout2007-12-05; Planning Commission; Resolution 63631 PLANNING COMMISSION RESOLUTION NO. 6363 2 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 9 WHEREAS, David Di Rienzo, "Developer," has filed a verified application with 10 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 19 Department, BRESSI RANCH MEDICAL PLAZA - SDP 07-03 as provided by Chapter 20 21.06/Section 21.53.120 of the Carlsbad Municipal Code; and 21 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. 27 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. 2 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. 14 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). 27 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. 11 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. 28 PC RESO NO. 6363 -3- 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. 7 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. 21 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. PC RESO NO. 6363 -4- 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. 14 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 PC RESO NO. 6363 -5- 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. 4 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 17 practicable. 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6363 -6- 1 2 4 5 8 9 10 11 12 13 14 16 18 19 20 21 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 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 PC RESO NO. 6363 -7-