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HomeMy WebLinkAbout2014-01-15; Planning Commission; Resolution 7030 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SCENIC CORRIDOR SPECIAL USE PERMIT, SCENIC CORRIDOR SPECIAL USE PERMIT AMENDMENT, MINOR SITE DEVELOPMENT PLAN, NON-RESIDENTIAL PLANNED DEVELOPMENT PERMIT, MINOR CONDITIONAL USE PERMIT AND TENTATIVE PARCEL MAP TO ALLOW FOR THE RECONFIGURATION OF FOUR INDUSTRIAL LOTS ON 9.9 ACRES OF LAND, THE DEVELOPMENT OF 143,100 SQUARE FEET OF PLANNED INDUSTRIAL/OFFICE SPACE WITHIN TWO THREE- STORY BUILDINGS, A 3,995 SF SATELLITE ANTENNA ENCLOSURE, A 5,386 SF MECHANICAL/TRASH ENCLOSURE, AT-GRADE PARKING, AND A LARGE CENTRALIZED PLAZA. THE PROJECT ALSO INCLUDES A PEDESTRIAN TRAFFIC SIGNAL WITH CROSS WALK, A BUS STOP WITH TURN OUT, MISCELLANEOUS IMPROVEMENTS WITHIN THE EL CAMINO REAL PUBLIC RIGHT-OF-WAY, AND MINOR MODIFICATIONS TO VIASAT’S EXISTING CAMPUS ON PROPERTY GENERALLY LOCATED SOUTH OF PALOMAR AIRPORT ROAD, ON BOTH THE EAST AND WEST SIDES OF EL CAMINO REAL, JUST NORTH OF GATEWAY ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 17. THE PROJECT IS WITHIN THE SCOPE OF THE PREVIOUSLY CERTIFIED BRESSI RANCH MASTER PLAN PROGRAM EIR (EIR 98-04). CASE NAME: VIASAT EXPANSION CASE NO: SUP 13-03/SUP 98-03(C)/SDP 13-05/PUD 13-09/ MCUP 13-13/MS 13-07 WHEREAS, Smith Consulting Architects, “Applicant,” has filed a verified application with the City of Carlsbad regarding property owned by Pivotal 650 California Street, LLC, an Arizona limited liability Co., “Owner,” described as Lots 10 - 13 of Carlsbad Tract CT 02-15 Bressi Ranch, in 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 ("the Property"); and WHEREAS, said verified application constitutes a request for a Scenic Corridor Special Use Permit, Scenic Corridor Special Use Permit Amendment, Minor Site Development Plan, Non- residential Planned Development Permit, Minor Conditional Use Permit, and Tentative Parcel Map as shown on Exhibits “A” – “GG” dated January 15, 2014, on file in the Planning Division, VIASAT EXPANSION – SUP 13-03/SUP 98-03(C)/SDP 13-05/PUD 13 -09/MCUP 13-13/MS 13-07, as provided by Chapters 21.40, 21.06, 21.47, 21.42 and Title 20 of the Carlsbad Municipal Code; and PLANNING COMMISSION RESOLUTION NO. 7030 PC RESO NO. 7030 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the Planning Commission did on January 15, 2014 hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Scenic Corridor Special Use Permit, Scenic Corridor Special Use Permit Amendment, Minor Site Development Plan, Non-residential Planned Development Permit, Minor Conditional Use Permit, and Tentative Parcel Map. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES VIASAT EXPANSION – SUP 13-03/SUP 98-03(C)/SDP 13-05/PUD 13 - 09/MCUP 13-13/MS 13-07, based on the following findings and subject to the following conditions: Findings: Scenic Corridor Special Use Permit (SUP 13-03) 1. The proposed project conforms to the intent of the Scenic Preservation Overlay Zone in that the project complies with all applicable provisions of the El Camino Real Corridor Development Standards except as discussed in the staff report by 1) supporting the planned “campus type” research, business, service center design theme, and 2) providing adequate setbacks from El Camino Real to preclude a “tunnel effect” of buildings along the roadway. The project does not obscure scenic views or impair traffic safety along El Camino Real. 2. The proposed project is consistent with the General Plan, Local Coastal Program, and applicable Master or Specific Plans in that the property is proposed to be developed with an industrial/office use consistent with the Planned Industrial (PI) General Plan Land Use designation and the Bressi Ranch Master Plan. 3. The proposed project will not adversely affect the scenic, historical, or cultural qualities of the property in that there are no views of notable landmarks, mountains or other unique topographical features either on the property or as seen from the property to preserve nor are there any areas of significant historical or cultural value on the property. El Camino Real Corridor Development Standards Deviations 4. That compliance with a particular standard (Building Height) is infeasible for a particular project in that the project site is partially located within the McClellan-Palomar Airport Flight Activity PC RESO NO. 7030 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Zone that precludes development in the northern portion of the site and therefore reduces the project site’s buildable area. In compliance with the El Camino Real Corridor Development Standards for Area 4, the project includes a large centralized plaza amenity consistent with the “campus type” design theme which is formed by the two proposed buildings which are separated by 280 feet, thereby eliminating the undesirable tunnel effect which could be created by tall buildings close to El Camino Real. One large building would not provide the campus environment desired by the standard and the two 45 foot tall buildings are superior in design to one large building. Furthermore, the Bressi Ranch Master Plan encourages development closer to the street with parking located behind the buildings. The building fronting onto El Camino Real could be built to the 35 foot height limit, but it would require another building to be located on the site in order to utilize the lot to its fullest capacity. Two three story buildings provide for the larger centralized plaza with a walkable link between them versus more buildings. 5. That the scenic qualities of the corridor will continue to be maintained if the standard is not fulfilled in that a deviation in building height from 35 feet to 45 feet for Building 10 will not affect the scenic qualities of the corridor as this section (Area 4) of the El Camino Real Corridor is essentially a plateau and has little scenic value worthy of preservation. 6. That the project will not have an adverse impact on traffic safety in that Building 10 will not be located within the path of travel for any vehicles nor does building height have any impact on traffic safety. 7. That the project is designed so as to meet the intent of the scenic preservations overlay zone in that the two, three story industrial/office buildings located around a large centralized plaza have been designed in a desired “campus” style. Scenic Corridor Special Use Permit Amendment (SUP 98-03(C)) 8. The proposed project conforms to the intent of the Scenic Preservation Overlay Zone in that the minor modifications to the site plan for Parcel 1 comply with all applicable provisions of the El Camino Real Corridor Development Standards by 1) supporting the existing planned “campus type” research, business, service center design theme by providing a visual and physical link between ViaSat’s main campus and Bressi Ranch Buildings 10 & 11, and 2) none of the proposed modifications include the construction of new buildings that require special setbacks from El Camino Real to preclude a “tunnel effect” of buildings along the roadway. 9. The proposed project is consistent with the General Plan, Local Coastal Program, and applicable Master or Specific Plans in that the proposed modifications to the site plan for Parcel 1 are located within an existing developed project with an industrial/office use consistent with the Planned Industrial (PI) General Plan Land Use designation and the Bressi Ranch Master Plan. 10. The proposed project will not adversely affect the scenic, historical, or cultural qualities of the property in that there are no views of notable landmarks, mountains or other unique topographical features on the property or as seen from the property to preserve nor are there any areas of significant historical or cultural value on the previously developed property. . . . . . . PC RESO NO. 7030 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Minor Site Development Plan (SDP 13-05) 11. That the proposed development or use is consistent with the general plan and any applicable master plan or specific plan, complies with all applicable provisions of Chapter 21.06, and all other applicable provisions of Title 21 and the Bressi Ranch Master Plan, in that the project design complies with the requirements of the Bressi Ranch Master Plan and Title 21 except for a deviation in building height (from the El Camino Real Corridor Development Standards) for Building 10 as discussed above and in the staff report. The Bressi Ranch Master Plan was found to be in compliance with the General Plan and contains a detailed description of the plan’s compliance with the General Plan in Section III.A of the staff report. 12. That the requested development or use is properly related to the site, surroundings and environmental settings; will not be detrimental to existing development or uses or to development or uses specifically permitted in the area in which the proposed development or use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the project consists of the development of two, three-story industrial/office buildings, surface parking, employee eating areas, and other necessary improvements situated on a 9.9- acre previously graded site located at the northeast Corner of El Camino Real and Gateway Road. The industrial/office project with a Planned Industrial General Plan Land Use designation is compatible with existing industrial/office projects that are located throughout the area and within the Bressi Ranch Master Plan. The project is consistent with the General Plan as discussed in Section “A” of the staff report. Furthermore, the proposed industrial/office project will not be detrimental to existing uses or to uses specifically permitted in the area in which the use is located in that, the industrial/office project is a use permitted within the P-M zone and is compatible with the industrial/office projects to the north, south, east and west. The two industrial/office buildings are properly related to the site surroundings and environmental settings in that the project complies with all development standards of the P-M zone and will result in no environmental impacts. The project will not adversely impact the site, surroundings, or traffic circulation in that the project complies with all applicable development standards with the exception of Building 10’s height (45’) which does not comply with the El Camino Real Corridor Development Standards and is adequately parked onsite. The project is requesting a deviation to the El Camino Real Corridor Building Height Standards as allowed by the El Camino Real Corridor Development Standards. The existing surrounding streets which are fully improved have adequate capacity to accommodate the 2,004 Average Daily Trips (ADT) generated by the project. 13. That the site for the intended use is adequate in size and shape to accommodate the use, in that the project complies with all development standards of the Planned Industrial Zone (P-M) and the Bressi Ranch Master Plan as demonstrated in the staff report, including setbacks, building coverage, landscaping requirements, parking, and height restrictions. 14. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested development or use to existing or permitted future development or use in the neighborhood will be provided and maintained, in that the proposed two three-story industrial/office buildings, surface parking, employee eating areas, and other necessary improvements can fit within the developable area of the lot and all applicable development standards have been met. Landscaping and earth berms are proposed to screen the parking areas. Adequate vehicle circulation has been provided to accommodate safety and truck turning movements. Access to the site will be provided by three separate driveways onto PC RESO NO. 7030 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Gateway Road and Campbell Place. Pedestrian connections to the overall pedestrian circulation system of Bressi Ranch have been provided. 15. That the street system serving the proposed development or use is adequate to properly handle all traffic generated by the proposed use, in that the proposed use is consistent with the use analyzed in the circulation analysis prepared for Program EIR 98-04 for the Bressi Ranch Master Plan. Non-Residential Planned Development Permit (PUD 13-09) 16. The granting of this permit will not adversely affect and will be consistent with the code, the general plan, applicable specific plans, master plans, and all adopted plans of the city and other governmental agencies in that in that the subdivision of the project is consistent with the PI (Planned Industrial) General Plan Land Use designation, the P-M (Planned Industrial) Zone regulations, and the Bressi Ranch Master Plan (MP 178) (Industrial/Office Facilities Development Standards & Design Guidelines) and all other relevant development standards of the Planned Industrial (P-M) Zone and Title 20 and 21 regulations governing subdivisions and the design of nonresidential planned developments with the exception of Building 10’s building height which does not comply with the El Camino Real Corridor Development Standards. The project is requesting a deviation to the El Camino Real Corridor Building Height Standards as allowed by the El Camino Real Corridor Development Standards. 17. That the proposed use at the particular location is necessary and desirable to provide a service or facility which will contribute to the general long-term well-being of the neighborhood and community, in that the project provides the opportunity for two privately-owned industrial/office buildings and will provide employment opportunities for local residents in addition to being a compatible land use within an existing industrial/office park area. 18. That such project will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity, in that the subdivision meets all applicable city standards and ordinances including the Airport Land Use Compatibility Plan (ALUCP) for McClellan-Palomar Airport and all public facilities and services will be extended to the site. The subdivision includes all the necessary features including setbacks, parking, employee eating areas, and landscaping to be compatible with other existing and surrounding industrial development. Adequate access to the site will be provided via El Camino Real, from Gateway Road, and Campbell Place. The nonresidential planned development will not pose a safety hazard to the occupants of the industrial zone. 19. That the proposed non-residential planned development meets all of the minimum development standards of the underlying zone, in that no variances from development standards have been requested or required with the exception of Building 10’s building height which does not comply with the El Camino Real Corridor Development Standards. The project is requesting a deviation to the El Camino Real Corridor Building Height Standards as allowed by the El Camino Real Corridor Development Standards. All required parking will be provided onsite, all other required building heights are met, all setbacks are provided, and all required outdoor employee eating/rest areas will be provided. . . . . . . PC RESO NO. 7030 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Minor Conditional Use Permit (MCUP 13-13) 20. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan in that allowing the installation of the satellite antennas to serve ViaSat Inc. at the proposed site is an accessory land use which is consistent with the area’s Planned Industrial (PI) General Plan Land Use designation and the Bressi Ranch Master Plan (MP 178). Furthermore, the satellite dishes will be screened by a seventeen foot tall enclosure to comply with Land Use Element aesthetic objectives that seek to maintain and enhance Carlsbad’s appearance. The proposed satellite dishes are directly associated with and integral to the permitted ViaSat Inc. research and development use and will allow ViaSat Inc. to accommodate the continued development and growth of their satellite communications business. 21. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located in that the satellite antennas are not precluded by the project site’s Planned Industrial (P-M) zoning. The ground mounted antennas will be located within the rear fifty percent of the lot; will not exceed twenty feet in height; will not be used as a sign or advertising; will not be located in any required parking area; and will not interfere with and are not readily visible to other surrounding uses as the satellite antennas will be located within a 17’ tall equipment enclosure and screened by landscaping. 22. That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the Planning Director in order to integrate the use with other uses in the neighborhood in that the satellite antennas will be located within an equipment enclosure that will be designed and constructed to match the proposed office industrial buildings and complies with the P-M Zone, Bressi Ranch Master Plan development standards and Section 21.53.140(e)(1) of the Carlsbad Municipal Code. The equipment enclosure is also screened by landscaping to further reduce its visibility from public view and its location within the parking lot will not impact the project site circulation or reduce the total number of required parking spaces. 23. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that that the satellite dishes are associated with a proposed research and development use (ViaSat Inc.) and will not generate additional vehicle trips associated with the satellite antennas. Tentative Parcel Map (MS 13-07) 24. 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 Subdivision Map Act, and will not cause serious public health problems, in that the PI General Plan Land Use designation allows for industrial/office lots. The lots being created satisfy all minimum requirements of Titles 20 and 21 regarding lot sizes and configuration and have been designed to comply with all other applicable regulations. PC RESO NO. 7030 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 25. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for Planned Industrial (PI) development on the General Plan, in that the subject property is surrounded by existing industrial/office buildings. 26. That the site is physically suitable for the type of the development since the site is adequate in size and shape to accommodate the two three story industrial/office buildings in that the proposed non-residential subdivision meets all development standards and design criteria required by the P-M zone for the re-subdivision of the four standard lots including but not limited to requirements for access, minimum lot size, lot width and setbacks. 27. 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 the developer has delineated and preserved on the parcel map, all existing easements of record. 28. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 29. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish and wildlife or their habitat, in that the project site has been previously graded and is surrounded by existing development. 30. 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 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 project is conditioned to comply with the National Pollutant Discharge Elimination System (NPDES) requirements. General 31. The Planning Commission has determined that: a. the project is a subsequent activity of the Bressi Ranch Master Plan (MP178), a project 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 program approved earlier, and that the program EIR adequately describes the activity for the purposes of CEQA); [15168( c)(2) and (e)]; and/or b. this project is consistent with the Master Plan cited above; and c. the Bressi Ranch Master Plan Final EIR 98-04 was certified by the City Council on July 9, 2002 in connection with the prior project or plan; and d. the project has no new significant environmental effect not analyzed as significant in the prior EIR; and e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist. PC RESO NO. 7030 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 32. The Planning Commission finds that all feasible mitigation measures or project alternatives identified in the EIR 98-04, which are appropriate to this Subsequent Project, have been completed, incorporated into the project design or are required as conditions of approval for this Subsequent Project. 33. That the Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City’s General Plan, in that the proposed development consists of two three-story industrial/office buildings which is consistent with the Bressi Ranch Master Plan which implements the Planned Industrial (PI) General Plan Land Use Designation applied to the property. 34. That the project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 17 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or 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 project will be installed to serve new development prior to or concurrent with need. Specifically, a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. c. The Local Facilities Management fee for Zone 17 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. d. A growth management park fee of 40 cents per square foot of non-residential development will be collected at the time of building permit issuance. This fee will be used to construct recreational facilities to offset demand created by employees within Local Facilities Management Zone 17. 35. The project is consistent with the Land Use Compatibility Plan (ALUCP) for the McClellan- Palomar Airport, dated April 1994, in that the Federal Aviation Administration (FAA) completed an aeronautical study under the provisions of the Code of Federal Regulations, Part 77, (December 2013), which resulted in a determination that the proposed project does not exceed obstruction standards, would not be a hazard to air navigation, and no special lighting or markings on the buildings are necessary for aviation safety. The site is however, subject to the limitations on intensity of use because the project is partly located in the Flighty Activity Zone (FAZ) and Runway Protection Zone (RPZ). As such, all assembly areas defined as Group-A by the 2001 California Building Code are limited to a maximum occupancy of 100 persons. The project is compatible with the projected noise levels of the ALUCP; and, based on the noise/land use compatibility matrix of the ALUCP, the proposed land use is compatible with the airport, in that the property is located outside of the 60 db(A) CNEL contour. 36. That the project is consistent with the City’s Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). PC RESO NO. 7030 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 37. 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: Note: All conditions shall be satisfied prior to grading permit, building permit or recordation of parcel map, whichever comes first, or as specified in the condition, unless an alternate construction schedule has been approved by the appropriate division manager or official. 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 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 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 Scenic Corridor Special Use Permit, Scenic Corridor Special Use Permit Amendment, Minor Site Development Plan, Non-Residential Planned Development Permit, Minor Conditional Use Permit and Tentative Parcel Map. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Scenic Corridor Special Use Permit, Scenic Corridor Special Use Permit Amendment, Minor Site Development Plan, Non-Residential Planned Development Permit, Minor Conditional Use Permit and Tentative Parcel Map 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 development, 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 regulations in effect at the time of building permit issuance. 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 unless the City Council determines that the project without the condition complies with all requirements of law. 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 or indirectly, from (a) City’s approval and issuance of this Scenic Corridor Special Use Permit, Scenic Corridor Special Use Permit Amendment, Minor Site Development Plan, Non-Residential Planned Development Permit, Minor Conditional Use Permit and Tentative Parcel Map, (b) City’s approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator’s installation and operation of the facility permitted hereby, including without limitation, any and all liabilities PC RESO NO. 7030 -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 arising from the emission by the 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 approval is not validated. 6. Developer shall submit to the City Planner a reproducible 24” x 36” mylar copy of the Tentative Parcel Map and Site Plan reflecting the conditions approved by the final decision-making body. 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 (including any applicable Coastal Commission approvals). 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 17 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 9. 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. 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 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 shall be placed on the Final Map. 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 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 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. Prior to the recordation of the parcel map, Developer shall submit to the City a Notice 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 City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Scenic Corridor Special Use Permit, Scenic Corridor Special Use Permit Amendment, Minor Site Development Permit, Non-Residential Planned Development Permit, Minor Conditional Use Permit and Tentative Parcel Map by Resolution No. 7030 on the property. Said Notice 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 specified for inclusion in the Notice of Restriction. The City Planner 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. 13. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Special Use Permit document(s) necessary to make them internally consistent and in conformity with final action on the project. Development shall occur PC RESO NO. 7030 -11- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 substantially as shown in the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 14. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown on the approved Final Plans and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Division and accompanied by the project’s building, improvement, and grading plans. 16. Developer shall establish an owner's association and corresponding covenants, conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the City Planner prior to final map approval. Prior to issuance of a building permit, the Developer shall provide the Planning Division with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the City Planner. At a minimum, the CC&Rs shall contain the following provisions: 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. 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 to disapprove. A copy of the final approved amendment shall be 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 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 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 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. 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, 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 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 PC RESO NO. 7030 -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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, 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 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 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 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 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 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 accordance with the procedures set forth in Article of this Declaration. e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit “A“ – “GG.” f. The required CC&Rs shall assign to a governing board the responsibility for reviewing all future/proposed tenant improvements for the project to ensure that the number of required parking spaces to accommodate the combined proportions of uses, based on the parking ratios required pursuant to Chapter 21.44 of the Carlsbad Municipal Code, does not exceed 527 spaces. g. The location and size of all employee eating areas, parking areas, and landscaped areas within the project, as shown on Exhibit “A - GG”, shall not be altered, reduced, fenced, or divided to preclude the equal use by all owners/employees of the site. h. Prior to submitting building plans for tenant improvements to the City of Carlsbad Building Division, the governing board shall be required to approve the tenant improvement plans for purposes of assuring an adequate distribution of parking spaces. i. All on-site parking and access aisles/driveways shall be shared between all uses in perpetuity. 17. All roof appurtenances, including air conditioners, shall be architecturally integrated and 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 Directors of Community Development and Planning. 18. Developer shall submit and obtain City Planner approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 19. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code PC RESO NO. 7030 -13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Chapter 21.105. Location of said receptacles shall be approved by the City Planner. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the City Planner. 20. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner of an Outdoor Storage Plan, and thereafter comply with the approved plan. 21. All assembly areas defined as Group “A” by the 2001 California Building Code are limited to a maximum occupancy of 100 persons. This restriction applies to all permitted uses, ancillary uses, and uses allowed by a CUP. Engineering NOTE: All conditions shall be satisfied prior to grading permit, building permit or recordation of parcel map, whichever comes first, or as specified in the condition, unless an alternate construction schedule has been approved by the appropriate division manager or official. General 22. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. 23. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the district engineer has determined that adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. 24. Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy of the Site Plan and preliminary grading and utility plan reflecting the conditions approved by the final decision making body. The reproducible shall be submitted to the city planner, reviewed and, if acceptable, signed by the city's project engineer and project planner prior to submittal of the building plans, improvement plans, grading plans, or parcel map, whichever occurs first. 25. Developer shall submit to the city engineer an acceptable instrument, via CC&Rs and/or other recorded document, addressing the maintenance, repair, and replacement of shared private improvements within this subdivision, including but not limited to private driveways, utilities, sidewalks, street lighting, enhanced paving, water quality treatment measures, low impact development features, and storm drain facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within this subdivision. 26. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. The property owner shall maintain this condition. 27. Prior to approval of improvement plans, grading plans or final map, developer shall submit to the city engineer written approval from North County Transit District (NCTD) demonstrating mass-transit improvement requirements for this project have been satisfied. PC RESO NO. 7030 -14- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Fees/Agreements 28. Developer shall cause property owner to execute and submit to the city engineer for recordation, the city’s standard form Geologic Failure Hold Harmless Agreement. 29. Developer shall cause property owner to execute and submit to the city engineer for recordation the city’s standard form Drainage Hold Harmless Agreement. 30. Developer shall cause property owner to submit an executed copy to the city engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement. 31. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for recordation, an Encroachment Agreement covering a private storm water retention basin located over a public drainage easement as shown on the tentative parcel map. Developer shall pay processing fees per the city’s latest fee schedule. 32. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for recordation, an Encroachment Agreement covering private storm drain and decorative pavement located over a proposed general utility easement and a proposed water easement as shown on the tentative parcel map, site plan and/or landscape plan. Developer shall pay processing fees per the city’s latest fee schedule. 33. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for recordation, an Encroachment Agreement covering private monument sign, decorative concrete crosswalk and trellis structures located over existing and proposed public drainage, right-of-way and/or pedestrian easements as shown on the tentative parcel map, site plan and/or landscape plan. Developer shall pay processing fees per the city’s latest fee schedule. 34. Developer shall cause property owner to apply for and obtain reapportionment of the assessments imposed on the subject project in accordance with law governing the associated 2002-01 (Poinsettia Lane East) Assessment District, 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 application for the parcel map. 35. Developer shall cause property owner to execute and submit to the city engineer for recordation the city’s standard form Median Maintenance Agreement for median improvements not in conformance with the Carlsbad Landscape Manual. 36. Developer shall cause owner to submit to the city engineer for recordation a covenant of easement or other means acceptable to the city engineer for securing private cross lot drainage, parking, and reciprocal access as shown on the tentative parcel map. Developer shall pay processing fees per the city’s latest fee schedule. . . . . . . . . . . . . PC RESO NO. 7030 -15- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Grading 37. Based upon a review of the proposed grading and the grading quantities shown on the tentative parcel map, a grading permit for this project is required for grading of lot 10, 11, 12 and 13 of CT 02-15. Developer shall prepare and submit plans and technical studies/reports for city engineer review, post security and pay all applicable grading plan review and permit fees per the city’s latest fee schedule. 38. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 39. Prior to the issuance of a grading permit, developer shall submit to the city engineer receipt of a Notice of Intent from the State Water Resources Control Board. 40. Prior to the issuance of grading permit or building permit, whichever occurs first, developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP) for development of lot 10, 11, 12 and 13 of CT 02-15. The TIER 3 SWPPP shall comply with current requirements and provisions established by the San Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff during construction of the project to the maximum extent practicable. Developer shall pay all applicable SWPPP plan review and inspection fees per the city’s latest fee schedule. 41. The development of lot 10, 11, 12 and 13 of CT 02-15 per the tentative parcel map and site plan is subject to ‘Priority Development Project’ requirements. Developer shall prepare and process a Storm Water Management Plan (SWMP), subject to city engineer approval, to demonstrate how this project meets new/current storm water treatment requirements per the city’s Standard Urban Storm Water Management Plan (SUSMP), latest version. In addition to new treatment control BMP selection criteria in the SUSMP, the developer shall use low impact development (site design) approaches to ensure that runoff from impervious areas (roofs, pavement, etc.) are drained through landscaped (pervious) areas prior to discharge. Developer shall pay all applicable SWMP plan review and inspection fees per the city’s latest fee schedule. 42. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc.) incorporate all source control, site design, treatment control BMP, applicable hydromodification measures, and Low Impact Design (LID) facilities. 43. Developer shall submit documentation, subject to city engineer approval, demonstrating how development of lot 10, 11, 12 and 13 of CT 02-15 per the tentative parcel map and site plan complies with hydromodification requirements per the city’s SUSMP, latest version. Documentation shall be included within the Storm Water Management Plan (SWMP). . . . PC RESO NO. 7030 -16- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dedications/Improvements 44. Developer shall cause owner to dedicate to the city and/or other appropriate entities for public street & public utility, general utility, water, and pedestrian purposes as shown on the tentative parcel map and/or site plan. The offer shall be made by a certificate on the parcel map or separate recorded document. All land so offered shall be free and clear of all liens and encumbrances and without cost to the city. Streets that are already public are not required to be rededicated. Additional easements may be required at final design to the satisfaction of the city engineer. 45. Developer shall design the private drainage systems, as shown on the tentative parcel map to the satisfaction of the city engineer. All private drainage systems (12” diameter storm drain and larger) shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. 46. Developer shall prepare and process public improvement plans and, prior to city engineer approval of said plans, shall execute a city standard Subdivision Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements shown on the tentative map. On-site improvements listed under “a” below shall be processed by separate plan check and agreement from the improvements in El Camino Real and Gateway Road listed under “b” and “c”. Said improvements shall be installed to city standards to the satisfaction of the city engineer. These improvements include, but are not limited to: a. Installing on-site water and sewer facilities and abandon and remove water services and sewer laterals from Gateway Road and Campbell Place as noted on the tentative parcel map. b. Installing a bus turn out on southbound El Camino Real. c. Installing a pedestrian cross walk across El Camino Real at Gateway Road. Public improvements include alterations to curb, gutter and sidewalk and the existing raised median on El Camino Real, installation of a pedestrian actuated traffic signal, installation of conduit and cable interconnect between the traffic signal at El Camino Real and Palomar Airport Road and the proposed pedestrian traffic signal, street striping and signs, a raised median on Gateway Road and pedestrian ramps. Developer shall pay the standard improvement plan check and inspection fees. Improvements listed above shall be constructed within 36 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 47. Developer shall design, and obtain approval from the city engineer, the structural section for the access aisles with a traffic index of 5.0 in accordance with city standards due to truck access through the parking area and/or aisles with an ADT greater than 500. Prior to completion of grading, the final structural pavement design of the aisle ways shall be submitted together with required R-value soil test information subject to the review and approval of the city engineer. 48. On the parcel map, the property owner shall abandon a portion of the existing general utility easement over lot 10 of CT 02-15 recorded per Map No. 14960 and shall remove abandoned sewer facilities from said abandoned easement, all as shown on the tentative parcel map. . . . PC RESO NO. 7030 -17- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 49. Prior to approval of the improvement plans to install the trellis and decorative pavement over the SDG&E easement and Bressi Ranch Homeowners Association landscape easement at the southwest corner of Lot 10 of CT 02-15, the developer shall submit proof, to the satisfaction of the city engineer, that each easement holder has been adequately informed of and consents to the proposed encroachment. Non-Mapping Notes 50. Add the following notes to the parcel map as non-mapping data: A. Developer has executed a city Standard Subdivision Improvement Agreement and has posted security in accordance with C.M.C. Section 20.16.070 to install public improvements shown on the tentative map. These improvements include, but are not limited to: i) Installing on-site water and sewer facilities and abandon and remove water services and sewer laterals from Gateway Road and Campbell Place as noted on the tentative parcel map. ii) Installing a bus turn out on southbound El Camino Real. iii) Installing a pedestrian cross walk across El Camino Real at Gateway Road. Public improvements include alterations to curb, gutter and sidewalk and the existing raised median on El Camino Real, installation of a pedestrian actuated traffic signal, installation of conduit and cable interconnect between the traffic signal at El Camino Real and Palomar Airport Road and the proposed pedestrian traffic signal, street striping and signs, a raised median on Gateway Road and pedestrian ramps. B. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. C. Geotechnical Caution: The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. D. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to encroach within the area identified as a sight distance corridor as defined by City of Carlsbad Engineering Standards or line-of-sight per Caltrans standards. E. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the city approved development plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the city approved development plans. . . . PC RESO NO. 7030 -18- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Utilities 51. Developer shall design and construct public facilities within public right-of-way or within minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the discretion of the district or city engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. 52. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 53. The developer shall design landscape and irrigation plans utilizing recycled water as a source and prepare and submit a colored recycled water use map to the Planning Division for processing and approval by the district engineer. 54. Developer shall install potable water and/or recycled water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. 55. The developer shall install sewer laterals and clean-outs at locations approved by the city engineer. The locations of sewer laterals shall be reflected on public improvement plans. 56. The developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the tentative parcel map to the satisfaction of the district engineer and city engineer. Code Reminders 57. 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 permit issuance, except as otherwise specifically provided herein. 58. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 59. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 60. 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 City Planner prior to installation of such signs. 61. This tentative map shall expire two years from the date on which the planning commission voted to approve this application. 62. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the site plan/tentative parcel map are for planning purposes only. . . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. 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 January 15, 2014 by the following vote, to wit: AYES: NOES: ABSENT:. ABSTAIN: Chairperson Black, Commissioners Anderson, L'Heureux, Schumacher, Scully and Segall Commissioner Siekmann nJ8~ NEIL BLACK, Chairperson CARLSBAD PLANNING COMMISSION DON NEU City Planner PC RESO NO. 7030 -19-