HomeMy WebLinkAbout2014-06-04; Planning Commission; Resolution 7053PLANNING COMMISSION RESOLUTION NO. 7053
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
2 CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF CARLSBAD
TRACT MAP CT 14-02 TO ALLOW FOR THE AIRSPACE SUBDIVISION OF AN
3 EXISTING THREE STORY COMMERCIAL OFFICE BUILDING INTO SIX
SEPARATE OWNERSHIP UNITS ON PROPERTY LOCATED AT 2815
4 JEFFERSON STREET IN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: BICAJESSEE ADVENTURES
5 CASE NO.: CT 14-02
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WHEREAS, Bicajessee Adventures LLC, "Owner/Developer," has filed a verified
application with the City of Carisbad regarding property described as
("the Property"); and
WHEREAS, said verified application constitutes a request for a Tentative Tract Map as
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Parcel 1:
g The southeasterly 50 feet of the northwesterly 241 feet of lot 48 of the
seaside lands, in the City of Carlsbad, County of San Diego, State of
IQ California, according to map thereof no. 1722, filed in the office of the
County Recorder of San Diego County, July 28, 1921; except the
11 southwesterly 120 feet.
12 Parcel 2:
The southeasterly 15 feet of the northwesterly 191 feet of lot 48 of the
13 seaside lands, in the City of Carlsbad, County of San Diego, State of
California, according to map thereof no. 1722, filed in the office of the
^4 County Recorder of San Diego County, July 28, 1921; except the
southwesterly 120 feet.
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Shown on Exhibits "A" - "B" dated June 4,2014, on file in the Planning Division, BICAJESSEE ADVENTURES
29 - CT 14-02, as provided by Chapter 20.12 ofthe Carisbad Municipal Code; and
20 WHEREAS, the Planning Commission did, on June 4, 2014, hold a duly noticed public
21 hearing as prescribed by law to consider said request; and
22 WHEREAS, at said public hearing, upon hearing and considering all testimony and
23 arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the
Tentative Tract Map; and
WHEREAS, on April 1, 2003, the Housing and Redevelopment Commission approved, RP
02-02, as described and conditioned in Housing and Redevelopment Commission Resolution No. 364.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission ofthe City of
Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of BICAJESSEE ADVENTURES -CT 14-02, based on the
following findings and subject to the following conditions:
Findings:
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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, the Carlsbad Village Master Plan and Design Manual, 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 project implements the goals and policies of the General Plan and
the Carlsbad Village Master Plan and Design Manual as discussed in the staff report; is
consistent with all minimum requirements of Title 20 governing subdivisions.
That the proposed project is compatible with the surrounding future land uses since surrounding
properties are designated for residential and professional and medical office development on
the General Plan and Village Master Plan, in that adjacent and nearby properties along Jefferson
Street are developed with similar commercial office buildings and compatible residential uses.
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 non-residential development at the intensity
proposed, in that the project is consistent with all applicable development standards ofTitle 20,
the V-R zone, and the Carlsbad Village Master Plan and Design Manual.
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 non-residential
subdivision and existing site design does not conflict with any easements of record.
That the property is not subject to a contract entered into pursuant to the Land Conservation Act
of 1965 (Williamson Act).
That the design of the subdivision provides, to the extent feasible, for future passive or natural
heating or cooling opportunities in the subdivision, in that the existing structure is oriented in an
east-west alignment for southern exposure.
That the Planning Commission has considered, in connection with the housing proposed by this
subdivision, the housing needs of the region, and balanced those housing needs against the public
service needs of the City and available fiscal and environmental resources.
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 habitat, in
that the previously developed site has no vegetation cover and is located in an urbanized
setting.
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
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with the City's sewer and drainage standards and the project is conditioned to comply with the
2 National Pollutant Discharge Elimination System (NPDES) requirements
3 10. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements ofthe City's General Plan and Village Master Plan and Design Manual based on the
4 facts set forth in the staff report dated June 4,2014 including, but not limited to the following:
5 a. Land Use - The proposed project, consisting of subdividing an office building into six
separate ownership units situated on a 0.30 acre site, is consistent with the goals and
6 objectives of the City's General Plan Village (V) land use designation because the
existing commercial office project in located within an appropriate location within the
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^ b. Circulation - The project is served by Jefferson Street and has direct access to public
streets. The streets adjacent to the project site are adequate to serve the traffic
generated by this existing project.
11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 1 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
22 facilities and improvements regarding sewer collection and treatment; water; drainage;
circulation; fire; schools; parks and other recreational facilities; libraries; government
23 administrative facilities; and open space, related to the project will be installed to serve new
development prior to or concurrent with need. Specifically,
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The project has provided proof from the Carisbad Unified School District that the project
15 has satisfied its obligation for school facilities for the existing office building.
16 b. The Public Facility fee is required to be paid by Council Policy No. 17 and has been
rnllortpri for thp pyictinff nffirp hiiilHinir
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The Local Facilities Management fee for Zone 1 required by Carisbad Municipal Code
Section 21.90.050 was collected prior to issuance of building permit for the existing office
building.
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12. This project has been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 1.
13. The City Planner has determined that the project belongs to a class of projects that the State
Secretary for Resources has found do not have a significant impact on the environment, and it is
therefore categorically exempt from the requirement for the preparation of environmental
23 documents pursuant to Section 15301(k) "Existing Facilities" of the State CEQA Guidelines. In
making this determination, the City Planner has found that the exceptions listed in Section
24 15300.2 of the state CEQA Guidelines do not apply to this project.
25 14. 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
26 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.
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Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of Final Map.
If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
4 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
5 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 Tentative Tract Map.
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2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
g 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 shall occur
20 substantially as shown on the approved Exhibits. Any proposed development, different from this
approval, shall require an amendment to this approval.
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3. Developer shall comply with all applicable provisions of federal, state, and local laws and
12 regulations in effect at the time of final map approval.
13 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,
14 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 Carisbad, 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 Tentative Tract Map, (b) City's approval or issuance
29 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
20 permitted hereby, 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 survives
21 until all legal proceedings have been concluded and continues even if the City's approval is not
validated.
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Developer shall submit to the City Planner a reproducible 24" x 36" mylar copy of the Tentative
23 Tract Map reflecting the conditions approved by the final decision-making body,
24 7. Developer shall include, as part ofthe 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
2y of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
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This tentative map shall expire two years from the date on which the planning commission voted
2 to approve this application.
3 10. 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
4 final map approval. The CCSiRs shall adequately address maintenance of all common
landscaped areas, employee eating area, and paved access and parking areas. Prior to the
recordation of the final map, the Developer shall provide the Planning Division with a recorded
copy of the official CC&Rs that have been approved by the Bureau of Real Estate and the City
^ Planner. At a minimum, the CC&Rs shall contain the following provisions:
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General Enforcement by the Citv. 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.
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Notice and Amendment. A copy of any proposed amendment shall be provided to the
20 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
11 30 days for the official record.
12 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
13 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
14 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
2g reimbursement with respect thereto from the Owners as provided herein.
29 d. Special Assessments Levied bv the Citv. In the event the Citv has performed the necessarv
maintenance to either Common Area Lots and/or Association's Easements, the City shall
20 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
21 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,
22 the City will pursue collection against the Owners in the Project pursuant to the provisions
of this Section. Said invoice shall be due and payable by the Association within twenty
23 (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
2y 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
23 levied. Each Owner in the Project hereby vests the City with the right and power to levy
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such special assessment, to impose a lien upon their respective Lot and to bring all legal
2 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
3 procedures set forth in Article of this Declaration.
4 e. Landscape Maintenance Responsibilities. The Owners Association and individual lot or
unit owner landscape maintenance responsibilities shall be as set forth as an Exhibit in
5 the CC&Rs.
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The locations and size of all employee eating areas, parking areas, and landscaped areas
within the project as shown on Exhibits "A" - "B" shall not be altered, reduced, fenced
or divided to preclude the equal use by all owners/employees of the site.
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11. Prior to approval of Final Map, Developer shall submit to the City a Notice of Restriction executed
9 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
20 and successors in interest that the City of Carisbad has issued a Tentative Tract Map by Resolution
No. 7053 on the property. Said Notice of Restriction shall note the property description, location
11 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
12 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.
Engineering
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of
this proposed subdivision, must be met prior to approval of a final map.
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12. The following note shall be shown on the title sheet of the final map immediately following the
2g dedication statement and before the owner's signature(s):
29 This subdivision is a condominium project as defined in section 1351 of the civil code of the
state of California, containing a maximum of 6 commercial units and is filed pursuant to the
20 subdivision map act.
21 13. 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
22 improvements within this subdivision, including but not limited to private utilities and landscaping
located therein and to distribute the costs of such maintenance in an equitable manner among
23 the owners of the properties within this subdivision.
14. Developer shall prepare, submit and process for city engineer approval a final map to subdivide
this project. There shall be one Final Map recorded for this project.
2g 15. 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
2y not limited to pollution control practices or devices, erosion control to prevent silt runoff during
construction, general housekeeping practices, pollution prevention and educational practices,
23 maintenance procedures, and other management practices or devices to prevent or reduce the
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discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the
2 maximum extent practicable. Developer shall notify prospective owners and tenants of the above
requirements.
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Fees/Agreements
16. Developer shall cause owner to give written consent to the city engineer for the annexation of
the area shown within the boundaries of the subdivision into the existing City of Carisbad Street
Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional
Street Lighting and Landscaping District. Said written consent shall be on a form provided by the
city engineer.
Code Reminders:
g 17. The project is subject to all applicable provisions of local ordinances.
20 18. This tentative map shall expire two years from the date on which the Planning Commission voted
to approve this application.
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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."
NOTICE
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
2g Carisbad 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.
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You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
18 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
19 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.
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PASSED, APPROVED, AND ADOPTED at a regular meeting ofthe Planning Commission of
the City of Carisbad, California, held on June 4, 2014, by the following vote, to wit:
AYES: Chairperson Black, Commissioners Anderson, Scully, Segall and Siekmann
NOES:
ABSENT:
ABSTAIN:
Commissioner L'Heureux
NEIL BLACK, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
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