HomeMy WebLinkAbout2008-03-19; Planning Commission; Resolution 63981 PLANNING COMMISSION RESOLUTION NO. 6398
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
3 CARLSBAD TRACT CT 07-12 TO SUBDIVIDE A 4.30-ACRE
SITE WITH 5 PREVIOUSLY APPROVED INDUSTRIAL
4 BUILDINGS INTO 14 AIRSPACE NON-RESIDENTIAL
5 CONDOMINIUM UNITS ON ONE COMMON AREA LOT
GENERALLY LOCATED ON THE NORTHEAST CORNER OF
6 GATEWAY ROAD AND CAMPBELL PLACE IN THE P-M
(PLANNED INDUSTRIAL) ZONE, PLANNING AREA 3 OF
7 THE BRESSI RANCH MASTER PLAN, AND LOCAL
FACILITIES MANAGEMENT ZONE 17.
8 CASE NAME: OCEANS COLLECTION
9 CASE NO.: CT07-12
10 WHEREAS, Urban West, "Developer," has filed a verified application with the
H City of Carlsbad regarding property owned by Bressi Ocean Collection, LLC, "Owner,"
12 described as
13
Lots 17 & 18 of Carlsbad Tract No. CT 02-15 Bressi Ranch, in
14 the City of Carlsbad, County of San Diego, State of California,
According to Map Thereof No. 14960, Filed in the Office of the
County Recorder of San Diego County, February 4, 2005,
16 Being Shown as Parcel A on Certificate of Compliance for
Adjustment Plat (ADJ 06-09, CE 06-29) Recorded December
17 20, 2006 as File No. 2006-0902548 of Official Records.
18 ("the Property"); and
19 WHEREAS, said verified application constitutes a request for a Tentative Tract
20
Map as shown on Exhibit(s) "A" - "C" dated March 19, 2008, on file in the Planning
21
Department OCEANS COLLECTION - CT 07-12, as provided by Chapter 20.12 of the
23 Carlsbad Municipal Code; and
24 WHEREAS, the Planning Commission did, on March 19, 2008, hold a duly
25 noticed public hearing as prescribed by law to consider said request; and
26
WHEREAS, at said public hearing, upon hearing and considering all testimony
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and arguments, if any, of persons desiring to be heard, said Commission considered all factors
28
relating to the Tentative Tract Map.
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2
Commission of the City of Carlsbad as follows:
3
A) That the foregoing recitations are true and correct.
4
- B) That based on the evidence presented at the public hearing, the Commission
APPROVES OCEANS COLLECTION - CT 07-12, based on the following
6 findings and subject to the following conditions:
Findings;
1. That the proposed map and the proposed design and improvement of the subdivision as
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
10 Subdivision Map Act, and will not cause serious public health problems, in that the
proposed subdivision is designed to comply with the minimum requirements of the
General Plan, Title 20, Title 21 and Planning Area 3 of the Bressi Ranch Master
Plan (MP 178).
, T 2. That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for Planned Industrial and Residential Medium
14 Density development on the General Plan, and in that surrounding properties to the
north, south, east, and west are designated for and/or developed with Planned
Industrial land uses, and the residential properties to the southeast are sufficiently
, buffered by landscaping, Gateway Road and a 6 foot tall masonry wall.
That the site is physically suitable for the type and intensity of the development since the
site is adequate in size and shape to accommodate industrial development at the
18 intensity proposed, in that the project complies with all development standards and
public facilities requirements without the need for variances from any of the
development standards.
20 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
22 that concurrent with the recordation of the final map the developer will vacate and
adjust any easements that conflict with proposed development.
23
5. That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
25 6. That the design of the subdivision provides, to the extent feasible, for future passive or
26 natural heating or cooling opportunities in the subdivision, in that structures are oriented
in such a manner which allows for adequate building separation for solar exposure
27 and circulation of air.
7. 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
PC RESO NO. 6398 -2-
habitat, in that the proposed subdivision does not alter the physical development of
2 the site. Additionally, the project area is not within a preserve area of the adopted
Carlsbad Habitat Management Plan. The project area is a designated development
3 area in the Bressi Ranch Master Plan (MP 178), which was evaluated in the Final
Program EIR 98-04.
4
8. 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
g been designed in accordance with the Best Management Practices for water quality
protection in accordance with the City's sewer and drainage standards and the
7 project is conditioned to comply with the National Pollution Discharge Elimination
System (NPDES) requirements.
8
9. The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City's General Plan, and Bressi Ranch Master
10 Plan based on the facts set forth in the staff report dated March 19, 2008 including, but
not limited to the following:
11
a. Land Use - The proposed office/industrial uses are consistent with the Planned
12 Industrial (PI) General Plan Land Use and Planned Industrial (P-M) Zoning
designations for the site.
,4 b. Circulation - All roadways and improvements necessary to serve the
development exist, and no additional improvements are required.
15
c. Noise - The project is located outside of the 60 dBA CNEL noise contour of
16 Palomar Airport, and the buildings have been sound attenuated to meet the 55
dBA CNEL interior noise level standards for non-residential construction.
17
, o 10. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 17 and all City public facility policies and
19 ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding sewer collection
20 and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
22
11. The project has been conditioned to pay any increase in public facility fee, or new
23 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
2<r public facilities and will mitigate any cumulative impacts created by the project.
26 12. This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 17.
27
13. 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
PC RESO NO. 6398 -3-
created by this project and in compliance with adopted City standards, in that all public
2 roads, water and sewer systems have been constructed or will be constructed
concurrently with development of the site.
3
14. The project is consistent with the Airport Land Use Compatibility Plan for the
4 McClellan-Palomar Airport (ALUCP), dated October 2004, in that the project is located
within the Airport Influence Area and Flight Activity Zone and
office/industrial/warehouse development is considered to be a low-intensity use
5 which does not involve assemblages of large groups of people. The project is
compatible with the projected noise levels of the ALUCP; and, based on the noise/land
7 use compatibility matrix of the ALUCP, the proposed land use is compatible with the
airport, in that the project site is located outside of the 60 CNEL noise level contour
lines, and the outdoor community noise equivalent level (CNEL) is sufficiently
o attenuated by conventional construction that the indoor noise level is acceptable,
and both indoor and outdoor activities associated with the land use may be carried
10 out with essentially no interference from aircraft noise.
11 15. The Planning Director has determined that:
12 a. The project is a subsequent activity of the Bressi Ranch Master Plan (MP 178)
13 for which a program EIR was prepared, and a notice for the activity has been
given, which includes statements that this activity is within the scope of the
14 program approved earlier, and that the program EIR adequately describes the
activity for the purposes of CEQA); [15168(c)(2) and (e)]; and
i f b. This project is consistent with the Bressi Ranch Master Plan cited above; and
17 c. EIR 98-04 was certified in connection with the Bressi Ranch Master Plan; and
1° d. The project has no new significant environmental effect not analyzed as
, Q significant in the prior EIR 98-04; and
20 e- None of the circumstances requiring a Subsequent EIR or a Supplemental EIR
under CEQA Guidelines Sections 15162 or 15163 exist.
21
16. 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
23 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.
24
Conditions:
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of
the Final Map.
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1. If any of the following conditions fail to occur, or if they are, by their terms, to be
28 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
PC RESO NO. 6398 -4-
revoke or modify all approvals herein granted; deny or further condition issuance of all
2 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
3 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.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
6 and modifications to the Tentative Tract Map documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
7 • shall occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval,o
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.
10
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
,~ 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
13 unless the City Council determines that the project without the condition complies with
all requirements of law.
14
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
and costs, including court costs and attorney's fees incurred by the City arising, directly
17 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
nondiscretionary, in connection with the use contemplated herein, and
, o (c) Developer/Operator's installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
20 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
21 approval is not validated.
22 6. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar
23 copy of the Tentative Map reflecting the conditions approved by the final decision-
making body.
24
7. Developer shall include, as part of the plans submitted for any permit plancheck, a
reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
format.
27 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.
PC RESO NO. 6398 -5-
9. This project shall comply with all conditions and mitigation measures which are required
2 as part of the Zone 17 Local Facilities Management Plan and any amendments made to
that Plan prior to the recordation of the Final Map.
3
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
r 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
6 facilities will continue to be available until the time of occupancy. A note to this effect
shall be placed on the Final Map.
7
11. 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
9 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
10 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
approval will not be consistent with the General Plan and shall become void.
12 12. Prior to the recordation of the Final Map, Developer shall submit to the City a Notice
13 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
14 Director, notifying all interested parties and successors in interest that the City of
Carlsbad has issued a(n) Tentative Tract Map and Non-Residential Planned
Development permit by Resolution(s) No. 6398 and 6399 on the property. Said Notice
16 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
17 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.
19
13. Prior to occupancy, the Developer shall submit to the Planning Director a recorded copy
20 of the Condominium Plan filed with the Department of Real Estate which is in
conformance with the City-approved documents and exhibits.21
22 14. Developer shall establish an owner's association and corresponding covenants, conditions
and restrictions. Said CC&Rs shall be submitted to and approved by the Planning
23 Director prior to final map approval. The CC&Rs shall adequately address the
maintenance of all common landscape areas, employee eating areas, and paved
24 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
CC&Rs shall be recorded concurrently with the Final Map. At a minimum, the
26 CC&Rs shall contain the following provisions:
27 a. General Enforcement by the City. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in
favor of, or in which the City has an interest.
PC RESO NO. 6398 -6-
b. Notice and Amendment. A copy of any proposed amendment shall be provided to
2 the City in advance. If the proposed amendment affects the City, City shall have
the right to disapprove. A copy of the final approved amendment shall be
3 transmitted to City within 30 days for the official record.
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
Association's Easements" as provided in Article , Section
6 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
7 written notice to the Association, with a copy thereof to the Owners in the Project,
setting forth with particularity the maintenance which the City finds to be required
and requesting the 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 maintenance of the Common Area Lots and/or Association's
10 Easements within the period specified by the City's notice, the City shall be
entitled to cause such work to be completed and shall be entitled to
reimbursement with respect thereto from the Owners as provided herein.
12 d. Special Assessments Levied by the City. In the event the City has performed the
13 necessary maintenance to either Common Area Lots and/or Association's
Easements, the City shall submit a written invoice to the Association for all costs
14 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 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 the Project pursuant to the provisions of this Section. Said
17 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, payment shall be deemed delinquent and shall be
, Q subject to a late charge in an amount equal to six percent (6%) of the amount of
the invoice. Thereafter the City may pursue collection from the Association by
20 means of any remedies available at law or in equity. Without limiting the
generality of the foregoing, in addition to all other rights and remedies available to
21 the City, the City may levy a special assessment against the Owners of each Lot in
the Project for an equal pro rata share of the invoice, plus the late charge. Such
special assessment shall constitute a charge on the land and shall be a continuing
23 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 levy such special
24 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
~s accordance with the procedures set forth in Article of this Declaration.
27 e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit
owner landscape maintenance responsibilities shall be as set forth in Exhibit
28
PC RESO NO. 6398 -7-
f. The location and size of all employee eating areas, parking areas, and
2 landscaped areas shall not be altered, reduced, fenced, or divided to preclude
the equal use by all owners/employees of the site.
3
15. A joint use parking agreement shall be submitted for review and approval by the
Planning Director, City Engineer, and City Attorney. The agreement shall provide
for the following:
a. The sharing in perpetuity of all parking and access aisles/driveways onsite, and
between all the uses proposed for the project.
b. The agreement shall not be modified without the prior written approval of the
Planning Director, City Engineer, and City Attorney.
c. A copy of the joint use parking agreement shall be recorded in the Office of the
County Recorder and copies filed with the Planning Director concurrently with
the recordation of the Final Map.
11
16. The developer shall submit and obtain Planning Director approval of a sign
12 program for the project showing conformance with the City of Carlsbad Sign
Ordinance. All signs shall be constructed and installed in accordance with the
approved sign program.
14 17. This project shall comply with all conditions required as part of the Planned
15 Industrial Permit (PIP 06-11) approval dated November 27,2006.
16 is. The location and size of all employee eating areas, parking areas, and landscaped
areas shall not be altered, reduced, fenced, or divided to preclude the equal use by
all owners/employees of the site.
18
19. All roof appurtenances, including air conditioners, shall be architecturally integrated and
19 concealed from view and sound buffered from adjacent properties and streets consistent
with Building Department Policy No. 80-6, and to the satisfaction of the Directors of
20 Community Development and Planning.
21 20. This approval is granted subject to the approval of PUD 07-07 and is subject to all
22 conditions contained in Planning Commission Resolutions No. 6399 for those other
approvals incorporated herein by reference.
23
Engineering;24
General
£*>J
21. Project shall comply with all Engineering conditions of PIP 06-11, which are
incorporated by reference.
27
22. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other
28 recorded document, for maintaining the private easements within the subdivision and all
the private improvements: streets, sidewalks, street lights, and storm drain facilities
PC RESO NO. 6398 -8- .
located therein and to distribute the costs of such maintenance in an equitable manner
2 among the owners of the properties within the subdivision.
3 23. . There shall be one Final Map recorded for this project.
24. Developer shall cause Owner to waive direct access rights on the Final Map for all lots
c abutting Campbell Place and Gateway Road except for approved locations.
6 25. Developer shall cause property owner to apply for and obtain reapportionment of
the assessments imposed on the subject project in accordance with law governing
7 the associated Assessment District 2002-01 (Poinsettia Lane East), or the
assessments must be paid in full. Developer shall pay all associated costs of said
reapportionment. The application shall be submitted to the City Engineer with the
9 application for the final map.
10 Final Map
26. Developer shall show on Final Map the net developable acres for each parcel.
12
*
27. Note(s) to the following effect(s) shall be placed on the map as non-mapping data:
13
All improvements are privately owned and are to be privately maintained with the
14 exception of the following:
a. Public water main, fire hydrants and appurtenances.
b. Public sewer mains and access holes.
17 Code Reminders:
° The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
20 28. The tentative map shall expire twenty-four (24) months from the date this tentative map
approval becomes final.
21
29. 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
23 permit issuance, except as otherwise specifically provided herein.
24 30. The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
31. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
27
32. Any signs proposed for this development shall at a minimum be designed in conformance
28 with the City's Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
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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 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.
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 March 19, 2008, by the following vote,
15 to wit:
16
AYES: Commissioners Baker, Boddy, Cardosa, Douglas, and Chairperson
17 Whitton
18 NOES:
19
ABSENT: Commissioners Dominguez and Montgomery
20
ABSTAIN:21
22
23 ../'FRANK WHITTON, chairperson
24 CARLSBAD PLANNING COMMISSION
25
26 ATTEST:
27
"A-? LbJ^.W,?28 D^NNEU fyf-
Planning Director
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