HomeMy WebLinkAbout2005-12-06; City Council; 18360; Bressi Ranch Lot 40AB# 18,360
MTG. 12/6/05
DEPT. PLN
CT 05-07
PUD 05-05
PIP 05-02
CITY OF CARLSBAD -AGENDA BILL
TITLE:
BRESSI RANCH LOT 40
CT 05-07/PUD 05-051PIP 05-02
Approva Is Final at Planning Final at Council
Commission
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CITY ATTY.
RECOMMENDED ACTION:
That the City Council ADOPT Resolution No. , APPROVING the Tentative Tract
Map - CT 05-07, Non-Residential Planned Unit Development - PUD 05-05, and Planned Industrial
Permit - PIP 05-02 for the 14-building Bressi Ranch Lot 40 development.
2005-350
ITEM EXPLANATION:
Project application(s) 1 Administrative 1 Reviewed by and 1 To be Reviewed - 1
On October 19, 2005, the Planning Commission conducted a public hearing and voted (7-0) to
approve the Tentative Tract Map, CT 05-07, Non-Residential Planned Unit Development, PUD 05-
05, and Planned Industrial Permit PIP 05-02 for the subdivision of 9.63 acres into 15 industrial lots
and the development of 119,100 square feet of office space within 14 buildings. The project site is
located in the easterly most section of Planning Area 5 of the Bressi Ranch Master Plan.
At the time of the original approval for the Bressi Ranch Master Plan, residents of the Carrillo Ranch
residential development located to the south and east of Lot 40 were concerned with the proximity of
the industrial development to their neighborhood. In response to the concern, the Bressi Ranch
Master Plan was adopted with a requirement that any development of the lot would be reviewed by
the Planning Commission and City Council at a public hearing.
The proposed development involves construction of 14 industrial office buildings ranging in size from
5,700 to 15,000 square feet. Twelve of the fourteen buildings are single story. The two, two-story
wildings are the largest at 30 feet in height and 15,000 square feet each and are located at the
sastern most edge of the site adjacent to Melrose Drive. The remaining office buildings are typically
16 feet in height and range in size from 5,700 to 12,000 square feet. All of the required parking is
xoposed onsite and is primarily located internal to the project with the buildings being located along
:he outer edges of the site. The architectural style is modern and the main materials are concrete
and glass. The buildings are accented with cornices and trellises made of metal and also accented
Nith slate veneer.
’rior to the Planning Commission hearing the applicant hosted and staff attended a public
nformation meeting at the City’s Faraday facility. Invitations to the meeting were sent to residents
2ast of the proposed project site in Carrillo Ranch. There was no attendance by the general public at
.he public information meeting. Standard notice and supplemental notice to residents in the “Estates”
at Carrillo Ranch were sent prior to the Planning Commission meeting. There was no public
.estimony regarding the proposed office development at the Planning Commission hearing.
The proposal is consistent with the City’s General Plan, Zoning Ordinance, Bressi Ranch Master Plan
and Growth Management Program. Therefore, staff and the Planning Commission recommend
approval of the Bressi Ranch Lot 40 project.
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PAGE 2 OF AGENDA BILL NO. IF, 3d0
Facilities Zone
Local Facilities Management Plan
Growth Control Point
ENVIRONMENTAL:
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N/A
The proposed project has been reviewed pursuant to the California Environmental Quality Act
(CEQA). Staff prepared an initial study for the project and concluded that no potentially significant
impacts would result with the implementation of the project that were not previously examined and
evaluated in the Final Program Environmental Impact Report for the Bressi Ranch Master Plan MP
178 (EIR 98-04), dated July 9, 2002. EIR 98-04 evaluates the potential environmental effects of the
development and operation of the “Bressi Ranch Master Plan” including analysis of traffic circulation,
water quality and compliance with SB 221 and SB 610 regarding water availability, biological
resources, and land use and associated actions inclusive of the proposed planning area project
reviewed he re.
The City Council certified EIR 98-04 on July 9, 2002. At that time CEQA Findings of Fact, a
Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program were
approved. All mitigation measures contained in the adopted Mitigation Monitoring and Reporting
Program from EIR 98-04 applicable to the proposed planning area projects have been completed,
incorporated into the project design or are required as conditions of approval for the project. The EIR
98-04 “Findings of Fact and Statement of Overriding Considerations” applies to all subsequent
projects covered by the Bressi Ranch Master Plan Final Program EIR.
The proposed activities would have no effects beyond those analyzed in the program EIR, as they
are a part of the program analyzed earlier. This project is within the scope of Final Program EIR 98-
04 and no further CEQA compliance is required. EIR 98-04 and the respective initial studies for each
application are available at the Planning Department.
FISCAL IMPACT:
The fiscal impacts to the City are negligible since all development fees will be collected at time of
grading and building permit issuance. All public facilities necessary to serve the development will be
in place prior to, or concurrent with, development.
GROWTH MANAGEMENT STATUS:
Special Facility Fee I None
EXHIBITS:
1. City Council Resolution No. 2005-350
2. Location Map
3.
4.
5.
Planning Commission Resolutions No. 5988, 5989, 5990
Planning Commission Staff Report, dated October 19,2005
Draft Excerpts of Planning Commission Minutes, dated October 19, 2005.
DEPARTMENT CONTACT: Christer Westman, (760) 602-4614, cwest@ci.carlsbad.ca.us
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RESOLUTION NO. 2005-350
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT
MAP, PLANNED UNIT DEVELOPMENT, AND PLANNED
INDUSTRIAL PERMIT TO SUBDIVIDE A 9.63 ACRE
PROPERTY INTO 15 INDUSTRIAL LOTS AND DEVELOP
THE SITE WITH 119,100 SQUARE FEET OF OFFICE
SPACE WITHIN 14 BUILDINGS LOCATED SOUTH OF
PALOMAR AIRPORT ROAD AND EAST OF MELROSE
DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 17.
CASE NAME: BRESSI RANCH LOT 40
CASE NO.: CT 05-07/PUD 05-05/PIP 05-02
The City Council of the City of Carlsbad, California, does hereby resolve as
follows:
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on October 19, 2005, hold a duly noticed public hearing as prescribed by law
to consider a Tentative Tract Map, CT 05-07, Planned Unit Development, PUD 05-05, and
Planned Industrial Permit, PIP 05-02; and
WHEREAS, the City Council of the City of Carlsbad, on the 6th day of
December , 2005, held a duly noticed public hearing to consider the Tentative Tract
Map, Planned Unit Development, and Planned Industrial Permit, and at the time received
recommendations, objections, protests, comments of all persons interested in or opposed to CT
05-07, PUD 05-05, and PIP 05-02; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the recommendation of the Planning Commission for the approval of
Tentative Tract Map, CT 05-07, Planned Unit Development, PUD 05-05, and Planned Industrial
Permit, PIP 05-02, is approved by the City Council and that the findings and conditions of the
Planning Commission contained in Planning Commission Resolutions No. 5988, 5989, and
5990, on file with the City Clerk and made a part hereof by reference, are the findings and
conditions of the City Council.
3. This action is final the date this resolution is adopted by the City Council.
The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, “Time Limits for Judicial
Review” shall apply:
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“NOTICE TO APPLICANT”
The time within which judicial review of this decision must be sought is
governed by Code of Civil Procedure, Section 1094.6, which has been
made applicable in the City of Carlsbad by Carlsbad Municipal Code
Chapter 1.16. Any petition or other paper seeking review must be filed in
the appropriate court not later than the nineteenth day following the date
on which this decision becomes final; however, if within ten days after the
decision becomes final a request for the record of the deposit in an
amount sufficient to cover the estimated cost or preparation of such
record, the time within which such petition may be filed in court is
extended to not later than the thirtieth day following the date on which the
record is either personally delivered or mailed to the party, or his attorney
of record, if he has one. A written request for the preparation of the
record of the proceedings shall be filed with the City Clerk, City of
Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008.”
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 6th day of December , 2005, by the
following vote, to wit:
AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
/- \s
Y
ATTEST: n
(SEAL)
-2- 4
EXHIBIT 2
NOT TO SCALE
SITE MAP
Bressi Ranch Lot 40
CT 05-07\PUD’05-05\PIP 05-02
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EXHIBIT 3
PLANNING COMMISSION RESOLUTION NO. 5988
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
SUBDIVIDE 9.63 ACRES INTO 15 INDUSTRIAL LOTS ON
PROPERTY GENERALLY LOCATED SOUTH OF PALOMAR
AIRPORT ROAD AND WEST OF MELROSE DRIVE IN
LOCAL FACILITIES MANAGEMENT ZONE 17.
CASE NAME: BRESSI RANCH LOT 40
APPROVAL OF CARLSBAD TRACT CT 05-07 TO
CASE NO.: CT 05-07
WHEREAS, Bressi Spectrum, LLC, “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
Lot 40 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 Tentative Tract
Map as shown on Exhibits “A-LL” and “Al-A30”dated October 19, 2005, on file in the
Planning Department BRESSI RANCH LOT 40 - CT 05-07, as provided by Chapter 20.12 of
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 19th day of October 2005,
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 persons desiring to be heard, said Commission considered all factors
relating to the Tentative Tract 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
based on the following findings and subject to the following conditions:
RECOMMENDS APPROVAL of BRESSI RANCH LOT 40 - CT 05-07,
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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, 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 lots
being created satisfy all minimum requirements of Title 20 governing lot sizes and
configuration and have been designed to comply with all other applicable
regulations including the Bressi Ranch Master Plan (MP 178) and Title 21.
That the proposed project is compatible with the surrounding hture land uses since
surrounding properties are designated for industrial development on the General Plan, in
that surrounding properties to the north and west are designated for and/or
developed with Planned Industrial land uses and properties to the east and south
are sufficiently buffered by a circulation element roadway and open space.
That the site is physically suitable for the type and density of the development since the
site is adequate in size and shape to accommodate residential development at the density
proposed, in that the created lots will be able to accommodate the intended planned
industrial development while providing all required setbacks and other amenities
required by all applicable City regulations including the Bressi Ranch Master Plan
(MP 178) and Title 21.
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 prior to recordation of the final map the developer will vacate and adjust any
easements that conflict with proposed development.
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 structures are 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 proposed development is not within a preserve area of the adopted
Carlsbad Habitat Management Plan. The project area is a designated development
area in the Bressi Ranch Master Plan (MP 178), which was evaluated in the Final
Program EIR 98-04.
7 PC RES0 NO. 5988 -2-
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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 Pollution Discharge Elimination
System (NPDES) requirements.
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 Plan
based on the facts set forth in the staff report dated October 19, 2005 including, but not
limited to the following:
a. Land Use - The site is designated for Planned Industrial uses such as
corporate offices, light manufacturing, and research and development uses
and is consistent with the City’s General Plan since the proposed uses are
allowed within the Planned Industrial General Plan Designation.
b. Open Space and Conservation - The Open Space Preserve Areas are identified
in the City’s Habitat Management Plan, certified EIR 98-04, and the Bressi
Ranch Master Plan (MP 178). The project will not impact the designated
open space and will provide a connection to master plan trails and
connections to the adjacent neighborhoods as identified in the Master Plan.
C. Circulation - The circulation system is designed to provide adequate access to
the proposed lots and complies with all applicable City design standards and
the Bressi Ranch Master Plan (MP 178).
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. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
will be collected prior to issuance of building permit.
C. 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.
The project has been conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
8 PC RES0 NO. 5988 -3-
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Chapter 2 1.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project.
This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 17.
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
created by this project and in compliance with adopted City standards, in that all public
roads, water and sewer systems have been constructed or will be constructed
concurrently with development of the site.
The Planning Director has determined that
a. The project is a subsequent activity of the Bressi Ranch Master Plan 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); [ 15 168(c)(2) and (e)] and
b. this project is consistent with the Bressi Ranch Master Plan cited above;
c. EIR 98-04 was certified in connection with the Bressi ranch Master Plan;
d. the project has no new significant environmental effect not analyzed as significant
in the prior EIR 98-04; and
e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR
under CEQA Guidelines Sections 15 162 or 15 163 exist.
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: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of
a final map or issuance of a grading permit, whichever occurs first.
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
hture 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.
PC RES0 NO. 5988 -4- 9
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Staff is authorized and directed to make, or require the Developer to make, all corrections
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
shall occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
Developer shall comply with all applicable provisions of federal, ‘state, and local laws and
regulations in effect at the time of building permit issuance.
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.
Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, apd
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, fiom (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 non-
discretionary, 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 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.
Developer shall submit to the Planning Director a reproducible 24” x 36” mylar copy of
the Tentative Tract Map reflecting the conditions approved by the final decision making
body.
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.
Prior to the issuance of a building permit, this project shall comply with all conditions
and mitigation measures that are required as part of the Zone 17 Local Facilities
Management Plan and any amendments made to that Plan.
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.
PC RES0 NO. 5988 -5- Id
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Prior to issuance of any permit, Developer shall include, as part of the plans submitted for
any permit plan check, a reduced legible version of all approving resolution(s) in a 24” x
36” blueline drawing format.
This approval is granted subject to the approval of PUD 05-05 and PIP 05-02 and is
subject to all conditions contained in Planning Commission Resolutions No. 5989 and
5990 for those other approvals incorporated herein by reference
Prior to issuance of a grading permit, Developer shall submit and obtain Planning
Director 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 as shown on the approved Final Plans, and maintain
all landscaping in a healthy and thriving condition, free from weeds, trash, and debris.
Prior to issuance of a building permit, 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 Director prior to final map approval. Prior to
issuance of a building permit the Developer shall provide the Planning Department with a
recorded copy of the official CC&Rs that have been approved by the Department of Real
Estate and the Planning Director. At a minimum, the CC&Rs shall contain the following
provisions:
a.
b.
C.
d.
General Enforcement bv 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.
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.
Failure of Association to Maintain Common Area Lots and Easements. In the event
that the Association fails to maintain the “Common Area Lots andor 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 andor 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.
Special Assessments Levied by the Citv. 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
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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 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 mount
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 prorata 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 andor to pursue lien foreclosure procedures against any Owner and
hiskier respective Lot for purposes of collecting such special assessment in
accordance with the procedures set forth in Article of this Declaration.
e. Landscape, Walkways, Plazas, and Common Outdoor Rest Areas Maintenance
Responsibilities. The associations maintenance responsibilities shall be as set forth in
Exhibit
Developer shall provide bus stops to service this development at locations and with
reasonable facilities to the satisfaction of the North County Transit District and the
Planning Director. Said facilities, if required, shall be free from advertising and shall
include at a minimum include a bench and a pole for the bus stop sign. The facilities
shall be designed to enhance or be consistent with basic architectural theme of the project
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.
Prior to the recordation of the final map, Developer shall submit to the City a Notice of
Restriction to be filed in the office of the County Recorder, subject to the satisfaction of
the Planning Director, notifying all interested parties and successors in interest that the
City of Carlsbad has issued a Tentative Map by Resolution No. 5988 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
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.
PC RES0 NO. 5988 -7- la
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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 Chapter 2 1.105. Location of said receptacles shall be approved by the Planning
Director. Enclosure shall be of similar colors andor materials to the project to the
satisfaction of the Planning Director.
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 Planning Director of an Outdoor Storage Plan, and thereafter comply with the
approved plan.
Prior to issuance of a building permit, Developer shall submit and obtain Planning
Director approval of an exterior lighting plan including parking keas. All lighting shall
be designed to reflect downward and avoid any impacts on adjacent homes or property.
Developer shall construct, install and stripe not less than 477 parking spaces, as shown on
Exhibit D.
Engineering
PC RES0 NO. 5988
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.
Prior to issuance of any building permit, Developer shall comply with the requirements of
the City's anti-graffiti program for wall treatments if and when such a program is
formally established by the City.
Developer shall provide to the City Engineer, an acceptable means, CC&Rs andor other
recorded document, for maintaining the private easements within the subdivision and all
the private improvements: driveways, sidewalks, street lights, landscaping and irrigation,
storm drain and water quality treatment facilities located therein and to distribute the
costs of such maintenance in an equitable manner among the owners of the properties
within the subdivision.
Developer shall install sight distance corridors at all street and driveway intersections in
accordance with Engineering Standards and shall record the following statement on the
Final Map (and in the CC&R's).
"No structure, fence, wall, tree, shrub, sign, or other object shall be placed or
permitted on the subject property within the Caltrans comer sight distance
corridors. No obstructions shall impede nor conflict with the line-of-sight which is
established per City Standard Public Street-Design Criteria, Section 8.B.1 The sight
line is depicted on the tentative map and also applies to driveways. The underlying
property owner shall maintain this condition."
The limits of these sight distance corridors shall be reflected on all improvement, grading,
or landscape plans prepared in association with this development.
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25.
26.
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 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 Deputy City Engineer, Planning and Programs, with
the application for the final map.
The subject property is within the boundaries of Assessment District No. 2002-01
(Poinsettia Lane East). The owner of this pro-perty has previously executed a Special
Assessment District Disclosure Agreement with the City. Said Agreement contains
provisions requiring the current owner and any subsequent owner(s) to provide notice to
potential buyers of the amount of the assessment and other provisions and requires owner
to have each buyer receive, execute and deposit into escrow a Notice of Special
Assessment and Prepayment Option Agreement. In the event that owner does not have
the buyer execute the Notice of Special Assessment and Prepayment Option Agreement
prior to close of escrow, the assessment on the subject property must be paid off in full by
owner.
FeedAgreements
27. Prior to approval of final map for this project, Developer shall cause Owner to re-
apportion or additional consent to the existing City of Carlsbad Street Lighting and
Landscaping District No. 2. Said reapportionment and consent shall be on a form
provided by the Finance Department.
Grading
28. Prior to the issuance of a grading permit or building permit, whichever occurs first,
Developer shall submit to the City Engineer proof that a Notice of Intention for the start
of work has been submitted to the State Water Resources Control Board.
29. Based upon a review of the proposed grading and the grading quantities shown on the
Tentative Map, a grading permit for this project is required. Developer shall apply for and
obtain a grading permit from the City Engineer.
Dedications/Improvements
30. Developer shall cause Owner to make an irrevocable offer of dedication to the City andor
other appropriate entities for all public streets and other easements shown on the
Tentative Map. The offer shall be made by a certificate on the final map andor by
separate document. All land so offered shall be offered free and clear of all liens and
encumbrances and without cost. Streets that already public are not required to be
rededicated. The specific language for the easement adjacent to Palomar Airport
shall be in a form acceptable to the City Engineer. Encroachments to public
easements and rights of way shall only be allowed by specific encroachment
agreement, approved by the Ci& Engineer.
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31.
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Additional drainage easements may be required. Developer shall dedicate and provide or
install drainage structures, as may be required by the City Engineer, prior to or concurrent
with any grading or building permit.
Developer shall execute and record a City standard Grading and Erosion Control
Agreement to secure with appropriate security as provided by law, public improvements
shown on the Tentative Map and the following improvements including, but not limited
to paving, base, signing & striping, sidewalks, curbs and gutters, medians, grading,
clearing and grubbing, relocation of existing facilities, sewer, water, fire hydrants, street
lights, water quality treatment facilities and reclaimed water, to City Standards to the
satisfaction of the City Engineer. The improvements are:
a) Onsite improvements including but not limited to sewer, water, recycled
water, storm drain, water quality treatment facilities, and access as shown on
the Tentative Map.
b) Grading and slope improvements along Palomar Airport Road to
accommodate an additional Right Turn Lane as shown on the Tentative
Map. This is grading only requirement includes but is not limited to
relocation of existing monument signs, if located within the additional right
of way, grading, landscaping and irrigation for the adjacent slope areas
along Palomar Airport Road and Melrose Drive affected by the proposed
widening. The actual improvement of curb, gutter, sidewalk and roadway
will be done by others.
A list of the above shall be placed on an additional map sheet on the Final Map per the
provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above
shall be constructed within 18 months of approval of the subdivision or development
improvement agreement or such other time as provided in said agreement.
Prior to issuance of building permits for this subdivision, the developer shall provide
evidence that the backbone infrastructure has been constructed and accepted by the City
of Carlsbad for public use. A note to this effect shall be placed on the Final Map.
Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a “Storm Water Pollution Prevention Plan
(SWPPP).” The SWPPP shall be in compliance with current requirements and provisions
established by the San Diego Region of the California Regional Water Quality Control
Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce
to the maximum extent practicable storm water pollutant runoff during construction of
the project. At a minimum, the SWPPP shall:
a. Include all content as established by the California Regional Water Quality
Control Board requirements;
b. Include the receipt of “Notice of Intent” issued by the California Regional Water
Quality Control Board;
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c. Recommend source control and treatment control Best Management Practices
(BMPs) that will be implemented with this project to avoid contact or filter said
pollutants from storm water to the maximum extent practicable before discharging
to City right-of-way or natural drainage course; and
d. Establish specific procedures for handling spills and routine clean up. Special
considerations -and effort shall be applied to employee education on the proper
procedures for handling clean up and disposal of pollutants.
35. Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a “Storm Water Management Plan (SWMP).”
The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of
the California Regional Water Quality Control Board and City of Carlsbad Municipal
Code. The SWMP shall address measures to avoid contact or filter said pollutants from
storm water, to the maximum extent practicable, for the post-construction stage of the
project. At a minimum, the SWMP shall:
a. Identify existing and post-development on-site pollutants-of-concern;
b. Identify the hydrologic unit this project contributes to and impaired water bodies
that could be impacted by this project;
c. Recommend source controls and treatment controls that will be implemented with
this project to avoid contact or filter said pollutants from storm water to the
maximum extent practicable before discharging to City right-of-way;
d. Establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to resident education on the proper
procedures for handling clean up and disposal of pollutants;
e. Ensure long-term maintenance of all post construct BMPs in perpetuity; and
f. Identifl how post-development runoff rates and velocities from the site will. not
exceed the pre-development runoff rates and velocities to the maximum extent
practicable.
Final Map Notes
36. Note(s) to the following effect(s) shall be placed on the map as non-mapping data
A. Building permits will not be issued for development of the subject property unless
the appropriate agency determines that sewer and water facilities are available.
B. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above
the street level may be placed or permitted to encroach within the area identified
as sight distance corridors.
16 PC RES0 NO. 5988 -1 1-
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Water -
37.
38.
39.
40.
41.
42.
43.
44.
45.
Prior to approval of improvement plans or final map, Developer shall meet with the Fire
Marshal to determine if fire protection measures (fire flows, fire hydrant locations,
building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be
considered public improvements and shall be served by public water mains to the
satisfaction of the Dis~ct Engineer.
The Developer shall design and construct public facilities within public right-of-way or
within minimum 20-30 foot wide easements granted to the District or the City of
Carlsbad. At the discretion of the District Engineer, wider easements may be required for
adequate maintenance, access and/or joint utility purposes.
Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities. Developer shall pay the San Diego County Water
Authoritv capacitv charne(s1 prior to issuance of Building Permits.
The Developer shall design landscape and irrigation plans utilizing recycled water as a
source. Said plans shall be submitted to the satisfaction of the District Engineer.
The Developer shall install potable water and recycled water services and meters at a
location approved by the District Engineer. The locations of said services shall be
reflected on public improvement plans.
The Developer shall install sewer laterals and clean-outs at a location approved by the
District Engineer. The locations of sewer laterals shall be reflected on public
improvement plans.
The Developer shall design and construct public water, sewer, and recycled water
facilities substantially as shown on the Tentative Map to the satisfaction of the District
Engineer. Proposed public facilities shall be reflected on public improvement plans.
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
occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data.
Prior to Final Map approval or issuance of building permits, whichever is first, the entire
potable water, recycled water, and sewer system shall be evaluated in detail to ensure that
adequate capacity, pressure, and flow demands can be met to the satisfaction of the
District Engineer.
Code Reminder
46. The project is subject to all applicable provisions of local ordinances, including but not
limited to the following:
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The tentative map shall expire twenty-four (24) months from the date this tentative map
approval becomes final.
Developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.
Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
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.
The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
Any signs proposed for this development shall at a minimum be designed in conformance
with the City’s Sign Ordinance and Bressi Ranch Master Plan Sign Criteria and shall
require review and approval of the Planning Director prior to installation of such signs.
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 feedexactions. 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 feedexactions
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.
...
PC RES0 NO. 5988 -13- /8
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 19th day of October 2005, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners, Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Whitton
NOES:
.- ABSENT:
CARLSBAD PLANNING COMMISSION
ATTEST:
fT
DON NEU
Assistant Planning Director
PC RES0 NO. 5988 -14-
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PLANNING COMMISSION RESOLUTION NO. 5989
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF NON-RESIDENTIAL PLANNED UNIT
DEVELOPMENT PUD 05-05 TO SUBDIVIDE 9.63 ACRES
INTO 15 INDUSTRIAL, LOTS AND CONSTRUCT 14 OFFICE
BUILDINGS ON PROPERTY GENERALLY LOCATED
SOUTH OF PALOMAR AIRPORT ROAD AND WEST OF
MELROSE DRIVE IN LOCAL FACILITIES MANAGEMENT
ZONE 17.
CASE NAME: BRESSI RANCH LOT 40
CASE NO.: PUD 05-05
WHEREAS, Bressi Spectrum, LLC, “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
Lot 40 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 Non-Residential
Planned Unit Development as shown on Exhibits “A-LL” and “Al-A30” dated October 19,
2005,on file in the Planning Department, BRESSI RANCH LOT 40 - PUD 05-05 as provided
by Chapter 21.47 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 19th day of October, 2005,
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 persons desiring to be heard, said Commission considered all factors
relating to the Non-Residential Planned Unit Development.
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.
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B) That based on the evidence presented at the public hearing, the Commission
based on the following findings and subject to the-following conditions:
RECOMMENDS APPROVAL of BRESSI RANCH LOT 40 - PUD 05-05,
Findings:
1.
2.
3.
4.
5.
6.
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 the General Plan, Zoning, and Bressi Ranch
Master Plan (MP 178) anticipated industrial development of this site and all
applicable development standards have been met.
The proposed use at the particular location is necessary and- desirable to provide a
service or facility, which will contribute to the general wellbeing of the neighborhood
and the community in that the project will provide office opportunities for small
business in Carlsbad.
Such use 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 project is compatible with other existing and proposed industrial
parks and has been designed to buffer proposed development from existing
residences to the east and south.
The proposed nonresidential planned development meets all of minimum development
standards of the underlying zone, except for lot area in that all required parking is
provided onsite, all required building heights are met, all setbacks are provided, and
all required outdoor employee eatingrest areas are provided.
The Planning Director has determined that
a.
b.
C.
d.
e.
The project is a subsequent activity of the Bressi Ranch Master Plan 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); [ 15 168(c)(2) and (e)];
This project is consistent with the Bressi Ranch Master Plan cited above;
EIR 98-04 was certified in connection with the Bressi ranch Master Plan;
The project has no new significant environmental effect not analyzed as
significant in the prior EIR 98-04;
None of the circumstances requiring a Subsequent EIR or a Supplemental EIR
under CEQA Guidelines Sections 15 162 or 15 163 exist.
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.
PC RES0 NO. 5989 -2-
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Conditions:
Note:
1.
2.
3.
4.
5.
6.
Unless ot,,erwise specified herein, all conditions shall be satisfied prior to recordation o
a final map or issuance of a grading permit, whichever occurs first.
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 Non-Residential Planned Unit
Development.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Non-Residential Planned Unit Development 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.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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.
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 Non-Residential Planned
Unit Development, (b) City’s approval or issuance of any permit or action, whether
discretionary or non-discretionary, 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 arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions.
Developer shall submit to the Planning Director a reproducible 24” x 36” mylar copy of
the Site Plan reflecting the conditions approved by the final decision making body.
PC RES0 NO. 5989 -3 -
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7.
8.
9.
10.
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.
Prior to the issuance of building permits, 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.
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.
This approval is granted subject to the approval of CT 05-07 and PIP 05-02 and is
subject to all conditions contained in Planning Commission Resolutions No. 5988 and
5990 for those other approvals incorporated herein by reference.
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 feedexactions
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.
...
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PC RES0 NO. 5989 -4- 23
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PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 19th day of October 2005, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners, Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Whitton
*. NOES:
ABSENT:
ABSTAIN:
..
CARLSBAD PLANNING COMMISSION
ATTEST: n
DON NEU
Assistant Planning Director
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PLANNING COMMISSION RESOLUTION NO. 5990
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
TO SUBDIVIDE 9.63 ACRES INTO 15 INDUSTRIAL LOTS
AND CONSTRUCT 14 OFFICE BUILDINGS ON PROPERTY
GENERALLY LOCATED SOUTH OF PALOMAR AIRPORT
ROAD AND WEST OF MELROSE DRIVE IN LOCAL
FACILITIES MANAGEMENT ZONE 17.
CASE NAME: BRESSI RANCH LOT 40
APPROVAL OF PLANNED INDUSTRIAL PERMIT PIP 05-02
CASE NO.: PIP 05-02
WHEREAS, Bressi Spectrum, LLC, “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
Lot 40 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 Planned
Industrial Permit as shown on Exhibits “A-LL” and “Al-A30”dated October 19,2005, on file
in the Planning Department BRESSI RANCH LOT 40 - PIP 05-02, as provided by Chapter
20.47 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 19th day of October 2005,
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 persons desiring to be heard, said Commission considered all factors
relating to the Planned Industrial Permit.
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
based on the following findings and subject to the following conditions:
RECOMMENDS APPROVAL of BRESSI RANCH LOT 40 - PIP 05-02,
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1.
2.
3.
4.
5.
Findings:
...
That the site indicated by the Planned Industrial Permit is adequate in size and shape to
accommodate the proposed use, and all yards, spaces, walls, fences, parking, loading,
landscaping and other features required by Chapter 21.34 of the Carlsbad Municipal
Code, in that the created lots will be able to accommodate the intended future
planned industrial development while providing all required setbacks and other
amenities required by all applicable City regulations including the Bressi Ranch
Master Plan (MP 178) and Title 21.
That the improvements indicated on the Planned Industrial Permit are located in such a
manner to be related to existing and proposed streets and highways, in that the created
lots will be able to accommodate the intended planned industrial development while
providing all required setbacks from Palomar Airport Road, Melrose Drive, and
Loker Avenue East, two points of access from Loker Avenue East, and other
amenities required by all applicable City regulations including the Bressi Ranch
Master Plan (MP 178).
That the improvements as shown on the Planned Industrial Permit are consistent with the
intent and purpose of this zone and all adopted development, design and performance
standards as set forth Chapter 21.34 of the Carlsbad Municipal Code, in that the site has
been designed to provide all of the required onsite parking, provide pedestrian
connection between buildings as well as all required outdoor employee eatinghest
areas, provide street presence by orienting the buildings close to street frontages,
and limit the overall massing as a result of proposing mostly single story buildings.
The Planning Director has determined that
a. The project is a subsequent activity of the Bressi Ranch Master Plan 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); [ 15 168(c)(2) and (e)];
b. This project is consistent with the Bressi Ranch Master Plan cited above;
c. EIR 98-04 was certified in connection with the Bressi ranch Master Plan;
d. The project has no new significant environmental effect not analyzed as
significant in the prior EIR 98-04;
e. None of the circumstances requiring a Subsequent EIR or a Supplemental EIR
under CEQA Guidelines Sections 15 162 or 15 163 exist.
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.
...
PC RES0 NO. 5990 -2-
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Conditions:
1. This approval is granted subject to the approval of the CT 05-07 and PUD 05-05, and is
subject to all conditions contained in Planning Commission Resolutions No. 5988 and
5989 for those other approvals.
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 feedexactions. 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 feedexactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 19th day of October, 2005, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners, Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Whitton
NOES:
JEFFRE N. SEGALL, Chairperson
CARLSBAD PLANNING COMMISSION
TEST: LX
DON NEU
Assistant Planning Director
PC RES0 NO. 5990 -3- a?
The City of Carlsbad Planning Department EXHIBIT 4
P.C. AGENDA OF: October 19,2005
A REPORT TO THE PLANNING COMMISSION
Application complete date: July 12,2005
Project Planner: Christer Westman
Project Engineer: Clyde Wickham
SUBJECT: CT 05-07/PUD 05-05/PIP 05-02 - BRESSI RANCH LOT 40 - Request for a
determination that the project is within the scope of the Bressi Ranch Master Plan
Program EIR approved earlier and that the Program EIR adequately describes the
activity for the purposes of CEQA; and a recommendation for approval of a
Tentative Tract Map, CT 05-07, Non-Residential Planned Unit Development,
PUD 05-05, and Planned Industrial Permit, PIP 05-02, for the subdivision of 9.63
acres into 15 industrial lots and the development of 11 9,100 square feet of office
space within 14 buildings generally located south of Palomar Airport Road and
west of Melrose Drive in Local facilities Management Zone 17.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolutions No. 5988, 5989 and
5990 RECOMMENDING APPROVAL of Tentative Tract Map CT 05-07, Non-Residential
Planned Unit Development PUD 05-05 and Planned Industrial Permit PIP 05-02 based on the
findings and subject to the conditions contained therein.
11. INTRODUCTION
The applicant has requested approval by the City for a Tentative Tract Map, Non-residential
Planned Unit Development and a Planned Industrial Permit for Lot 40 of the Bressi Ranch
Master Plan. According to the Bressi Ranch Master Plan permitting procedures, development on
this site (Lot 40) must be reviewed by both the Planning Commission and the City Council.
Therefore, the Planning Commission’s action will be to make a recommendation to the City
Council.
The proposed project is consistent with the development standards of the Bressi Ranch Master
Plan and the Non-Residential Planned Unit Development section of the Carlsbad Municipal
Code. The project has been found to be within the scope of the previously certified
Environmental Impact Report (EIR 98-04, dated December 2001), for the Bressi Ranch Master
Plan. No further environmental analysis is required. The project is, however, subject to the
applicable mitigation measures of the Mitigation Monitoring and Reporting Program established
with the certification of the Bressi Ranch Master Plan Ea.
111. PROJECT DESCRIPTION AND BACKGROUND
The proposed project would subdivide the 9.63-acre site into fifteen industrial lots. Lots one
through fourteen will be for the fourteen office buildings, while lot number fifteen will be the
CT 05-07PUD 05-05PIP 05-~2 - BRESSI RANCH LOT 40
October 19,2005
Page 2
common lot that includes all of the circulation aisles, parking, common landscape and employee
eatinghest areas.
The developer proposes to construct fourteen office buildings on the industrial office lots. All of
the buildings, with the exception of Lots 5 and 6, are single story, ranging in size from 5,700
square feet to 12,600 square feet. The two, two-story buildings proposed on lots five and six are
each 15,000 square feet in size.
All of the 14 buildings are designed as concrete tilt-up, with smooth wall panels that will be
painted. The buildings are accented with metal trellises and “eyebrows” as well as granite tile
and reflective glass.
The project site is located within Planning Area 5 of the Bressi Ranch Master Plan. Because of
it’s location, adjacent to Melrose Drive and as the industrial Planning Area closest to the Carrillo
Ranch residential development, the Bressi Ranch Master Plan requires all development on this
lot to be reviewed by the Planning Commission and City Council.
IV. ANALYSIS
The proposed project is subject to the following plans, ordinances, standards, and policies:
1. General Plan;
2.
3.
4.
5.
6.
Planned Industrial Zone (P-M), (C.M.C. Chapter 21.34);
Bressi Ranch Master Plan, MP 178;
Parking Ordinance, (C.M.C. Chapter 2 1.44);
McClellan-Palomar Airport Comprehensive Land Use Plan; and
Non-residential Planned Development Ordinance (C.M.C. Chapter 2 1.34).
1. General Plan
The project site has a Planned Industrial (PI) General Plan land use designation. Planned
Industrial land uses include those areas currently used for, proposed as, or adjacent to industrial
development, including manufacturing, warehousing, storage, research and development, and
utility use.
The proposed office park is consistent with the General Plan Industrial land use goal of
developing light, pollution free industries that provide a reasonable tax base and a balance of
opportunities for employment of local residents. The proposed 119,100 square feet of office
space within the 14 buildings is entirely consistent with the PI land use designation.
2. Planned Industrial Zoning (P-M)
The following Table I illustrates the development standards applicable to the site and the
project’s compliance with those standards.
CT 05-07PUD 05-05PIP 05-U2 - BRESSI RANCH LOT 40
October 19,2005
-. TABLE I
Planned Industrial Zone Deve
Building setbacks
Standard
35 feet maximum
50 feet from Palomar
Airport Rd.
50 feet from El Fuerte St.
50 feet from Melrose Dr.
35 foot average and 25 foot
minimum from Loker Ave.
East.
10 foot sideyard
Maximum 50% of lot area
Minimum 300 square feet
per 5,000 square feet of
building
lpment Standards
Provided
30 feet maximum (two-story)
16 feet typical (single-story)
50 feet from Palomar Airport Rd.
50 feet from El Fuerte St.
50 feet from Melrose Dr.
35 foot average and 25 foot minimum
from Loker Ave. East. .
10 feet sidevard minimum
Overall site coverage is less than 25%.
7,146 square feet which is equal to 300
square feet per 5,000 square feet of
building area. 4,856 square feet is
provided outside, the remaining 2,290
square feet is divided between the
interiors of each building;.
3. Bressi Ranch Master Plan (MP 178)
Unless otherwise modified by the Bressi Ranch Master Plan, all development within industrial
PA5 shall comply with the development standards of the Planned Industrial (P-M) Zone (C.M.C.
21.34). No special Master Plan development standards were adopted for PAS. However, PA5 of
the Bressi Ranch Master Plan was adopted with the inclusion of special processing procedures
requiring all proposed development on Lot 40 to be reviewed by the Planning Commission and
City Council. The special processing procedure was added to the Master Plan by the City
Council in response to significant concern over development of Lot 40 by nearby residents of
Carrillo Ranch.
General design guidelines were established for the development of the Bressi Ranch industrial
planning areas. Guidelines include buffering from residential neighborhoods, orientation of
entries and windows to the street, enhanced vehicular and pedestrian site entries, onsite plazas,
and breaks in building massing.
The project has implemented the general design guidelines of the Master Plan by locating
buildings close to the street, including enhancements to site entries and plazas, limiting mass
through the use of mostly single story buildings, and breaking up building planes by use of
trellises, glass, and projecting architectural elements.
4. Parking Ordinance (C.M.C. ChaDter 21.44)
Parking onsite for office uses is required at a ratio of one parking space for every 250 square feet
of gross building area. This ratio is consistent for the entire project since all of the buildings are
30
CT 05-07RUD 05-05PI.P 05-02 - BRESSI RANCH LOT 40
October 19,2005
Page 4
proposed for office use only. The total number of onsite parking spaces required is 477. The
project complies with the requirement.
5. McClellan-Palomar Aimort Comprehensive Land Use Plan
The project site is located east of the McClellan-Palomar Airport. It is entirely within the
Airport Influence Area (AIA) and the northern portion of the site is within the Flight Activity
Zone (FAZ). The AM is generally the area in whch current and fbture airport-related noise,
overflight, safety andor airspace protection factors may affect land uses or necessitate
restrictions on use. The FAZ identifies properties that in addition to the considerations of the
AIA, should be held free of intensive development.
The project site is well outside of the plotted airport noise contours in the Comprehensive Land
Use Plan (CLUP). Therefore, noise attenuation and land use compatibility with the airport is not
an issue. The site is also outside of the Runway Protection Zone (RPZ) and is therefore not
highly threatened by aircraft hazards. Airspace protection has already been implemented for the
site in that an avigation easement in favor of the airport has been recorded over the property.
The site is, however, subject to limitations on intensity of use because it is partly in the FAZ. All
assembly areas defined as Group “A” by the 2001 California Building Code are limited to a
maximum occupancy of 100 persons. In addition higher intensity uses such as hotels, motels,
childcare centers, athletic clubs, public and private schools are prohbited uses within the FAZ.
These restrictions have been recorded over all of those portions of Bressi Ranch that are withn
the FAZ.
-
The project is consistent with the Bressi Ranch Master Plan and Planned Industrial zoning. The
project is therefore also consistent with the Comprehensive Land Use Plan since all of the
anticipated tenants of the office park will not fall into any of the aforementioned prohibited
“intense land use” categories. The San Diego Regional Airport Authority Airport Land Use
Commission reviewed the Bressi Ranch Master Plan for consistency with the Palomar McClellan
Airport Comprehensive Land Use Plan (CLUP). The Master Plan was found to be consistent
with the CLUP. Subsequent projects consistent with the Master Plan are therefore not required
to be reviewed by the Airport Land Use Commission for CLUP consistency.
6. Non-Residential Planned Development Ordinance (C.M.C. Chapter 2 1.34)
All Non-residential Planned Developments (PUD) must comply with all of the requirements and
development standards of the underlying zone and all requirements of Title 20 (Subdivision
Ordinance) with the exception that lots may be created that are less than the minimum required
by that zone.
The project includes the PUD since all of the lots except the single common lot for parking,
landscape, and circulation are smaller than the one acre minimum required by the Planned
Industrial (P-M) Zone. In addition, a PUD is required because Lots 1-14 must take access from
the public street via the common circulation lot.(Lot 15).
The project as proposed is consistent with the development standards of the Non-residential
Planned Development Ordinance.
CT 05-07PUD 05-05PIP 05-~2 - BRESSI RANCH LOT 40
October 19,2005
Page 5
V. ENVIRONMENTAL REVIEW
The proposed project has been reviewed pursuant to the California Environmental Quality Act
(CEQA). Staff prepared an initial study for the project and concluded that no potentially significant impacts would result with the implementation of the project that were not previously
examined and evaluated in the Final Program Environmental Impact Report for the Bressi Ranch
Master Plan MP 178 (EIR 98-04), dated July 9, 2002. EIR 98-04 evaluates the potential
environmental effects of the development and operation of the “Bressi Ranch Master Plan”
including analysis of traffic circulation, water quality and compliance with SB 22 1 and SB 6 10
regarding water .availability, biological resources, and land use and associated actions inclusive
of the proposed planning area project reviewed here.
The City Council certified EIR 98-04 on July 9, 2002. At that time CEQA Findings of Fact, a
Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program
were approved. All mitigation measures contained in the adopted Mitigation Monitoring and
Reporting Program from EIR 98-04 applicable to the proposed planning area projects have been
completed, incorporated into the project design or are required as conditions of approval for the
project. The EIR 98-04 “Findings of Fact and Statement of Overriding Considerations” applies
to all subsequent projects covered by the Bressi Ranch Master Plan Final Program EIR.
The proposed activities would have no effects beyond those analyzed in the program EIR, as
they are a part of the program analyzed earlier. This project is within the scope of Final Program
EIR 98-04 and no further CEQA compliance is required. EIR 98-04 and the respective initial
studies for each application are available at the Planning Department.
ATTACHMENTS:
1.
2.
3.
4.
5.
6.
7.
8.
Planning Commission Resolution No. 5988 (CT 05-07)
Planning Commission Resolution No. 5989 (PUD 05-05)
Planning Commission Resolution No. 5990 (PIP 05-02)
Location Map
Local Facilities Impact Assessment Form
Background Data Sheet
Disclosure Statement
Exhibits “A-1’’ and “A1 -A30” dated October 19,2005
CITY OF CARLSBAD
GROWTH MANAGEMENT PROGRAM
LOCAL FACILITIES IMPACTS ASSESSMENT FORM
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO: BRESSI RANCH LOT 40 - CT 05-07PUD 05-05PIP 05-02
LOCAL FACILITY MANAGEMENT ZONE: 17 GENERAL PLAN: Planned Industrial
ZONING: Planned Industrial
DEVELOPER’S NAME: Bressi Spectrum, LLC.
ADDRESS: 4350 Executive Drive Suite 301 San DiePo CA 92121
PHONE NO.: 858-784-3660 ASSESSOR’S PARCEL NO.: 213-121-01-00
QUANTITY OF LAND USEDEVELOPMENT (AC., SQ. FT., DU): 9.63 ac./ll9,100 saft.
A. City Administrative Facilities: Demand in Square Footage =
B. Library: Demand in Square Footage =
C. Wastewater Treatment Capacity (Calculate with J. Sewer)
D. Park: Demand in Acreage =
E. Drainage: Demand in CFS =
F. Circulation: Demand in ADT =
G. Fire: Served by Fire Station No. =
H. Open Space: Acreage Provided =
I. Schools :
J. Sewer: Demands in EDU
K. Water: Demand in GPD =
NIA
NIA
66 EDU
NIA
32 CFS
953
NIA
NIA
66 EDU
1,008
33
BACKGROUND DATA SHEET
CASE NO: CT 05-07/PUD 05-05/PIP 05-02
CASE NAME: BRESSI RANCH LOT 40
APPLICANT: BRESSI SPECTRUM, LLC.
REQUEST AND LOCATION: The subdivision of 9.63 acres into 15 industrial lots and the
development of 119,100 square feet of office space within 14 buildings.
LEGAL DESCRIPTION: Lot 40 of Carlsbad Tract CT 02-15 Bressi Ranch, in the City of
Carlsbad, County of San DiePo, State of California. according to map thereof no. 14960, filed in
the Ofice of the County Recorder of San Diego County, February 4.2005
APN: 213-121-01-00 Acres: 9.63
buildings
Proposed No. of LotsLJnits: 15 industrial lotdl4 office
GENERAL PLAN AND ZONING
Land Use Designation: Planned Industrial PI)
Density Allowed: N/A
Existing Zone: Planned Industrial (P-M)
Surrounding Zoning, General Plan and Land Use:
Density Proposed: N/A
Proposed Zone: Planned Industrial (P-M)
Zoning
Site PC (P-M in Mp178)
North P-M
South OS
East PC
West PC
General Plan Current Land Use
PI vacant
PI industrial
os open space
RH residential apartments
PI vacant
PUBLIC FACILITIES
School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity): 66.1 EDU
ENVIRONMENTAL, IMPACT ASSESSMENT 0 Negative Declaration, issued
Certified Environmental Impact Report (EIR 98-04), dated December 2001 u Other,
- City of Carlsbad
DISCLOSURE STATEMENT
Applicant's statement or disclosure of certain ownership interests on all applications which will require
discretionary action on the part of the City Council or any appointed Board, Commission or Committee.
The following information MUST be disclosed at the time of application submittal. Your project cannot be
reviewed until this information is completed. Please print.
Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization,
corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, clty municipality, district or
other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner must be
provided below.
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE, LEGAL names and addresses of persons having a financial interest
in the application. If the applicant includes a corDoration or DartnershiD, include the names, title,
addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
BELOW. If a publiclv-owned corDoration, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.)
Person Corp/Part
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE
2. OWNER (Not the owner's agent)
Provide the COMPLETE, LEGAL names and addresses of persons having any ownership
interest in the property involved. Also, provide the nature of the legal ownership (Le, partnership,
tenants in common, non-profit, corporation, etc.). If the ownership includes a corDoration or partnership, include the names, title, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE
NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corDoration, include the
names, titles, and addresses of the corporate officers. (A separate page may be attached if
necessary.)
@ 1635 Faraday Avenue Carlsbad. CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit oraanization or a trust, list' the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the.
Non ProfiUrust Non Profitrrrust
Title Title
Address Address
4. Have you had more than $250 worth of business transacted with any member of City staff,
Boards, Commissions, Committees and/or Council within the past twelve (1 2) months? 0 Yes do If yes, please indicate person(s):
NOTE: Attach additional sheets if necessary.
ve information is true and correct to th of my knowledge.
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2
Planning Commission Minutes October 19,2005 DRAFT p;~~BIT5
5. CT 05-07/PUD 05-05/PIP 05-02 - BRESSI RANCH LOT 40 - Request for a
determination that the project is within the scope of the Bressi Ranch Master Plan Program EIR approved earlier and that the Program EIR adequately describes the activity for the purposes of CEQA; and a recommendation for approval of a Tentative
Tract Map, CT 05-07, Non-Residential Planned Unit Development, PUD 05-05, and Planned Industrial Permit, PIP 05-02, for the subdivision of 9.63 acres into 15 industrial
lots and the development of 119,100 square feet of office space within 14 buildings
generally located south of Palomar Airport Road and west of Melrose Drive in Local facilities Management Zone 17.
Mr. Neu introduced Item 5 and stated Senior Planner Christer Westman would make the staff presentation.
Mr. Westman gave a detailed presentation of the project. The Planning Commission held a discussion regarding the project.
Jim Jacob, 967 Passiflora, Encinitas, representing the applicant, gave a brief presentation of the project.
MOTION
ACTION: Motion by Commissioner Baker, and duly seconded, that the Planning Commission adopt Planning Commission Resolutions No. 5988, 5989 and 5990 recommending approval of Tentative Tract Map CT 05-07, Non-Residential Planned Unit Development PUD 05-05 and Planned Industrial Permit PIP 05-02 based on the findings and subject to the conditions contained therein.
Chairperson Segall, Commissioners Baker, Cardosa, Dominguez, Heineman,
Montgomery and Whitton
VOTE: 7-0
AYES:
NOES: None ABSENT: None
Chairperson Segall closed the public hearing on Item 6 and thanked Staff for their presentations.
37
Bressi Ranch Lot 40Bressi Ranch Lot 40CT 05CT 05--07/PUD 0507/PUD 05--05/PIP 0505/PIP 05--0202
Location MapLocation MapMELROSE DREL FUERTE STPASE O P IC A D O RPASEO GRANITO
WHITNEY PLSITE
Bressi Ranch Lot 40Bressi Ranch Lot 40Property Size:Property Size:••9.63 Acres9.63 Acres14 Office Buildings:14 Office Buildings:••2 Two2 Two--StoryStory••12 One12 One--StoryStoryTotal Square Feet:Total Square Feet:••119,100119,100Parking Provided:Parking Provided:••1 space per 250 sq.ft1 space per 250 sq.ft••477 Spaces477 SpacesRemainder of the site:Remainder of the site:••LandscapeLandscape••Employee Rest AreasEmployee Rest Areas
Bressi Ranch Lot 40Bressi Ranch Lot 40OneOne--Story Buildings:Story Buildings:••16 feet in height16 feet in height••Building Size Range:Building Size Range:––5,700 5,700 ––12,600 sq.ft.12,600 sq.ft.
Bressi Ranch Lot 40Bressi Ranch Lot 40TwoTwo--Story buildings:Story buildings:••30 feet in height30 feet in height••Building Size:Building Size:––15,000 sq.ft.15,000 sq.ft.
Bressi Ranch Lot 40Bressi Ranch Lot 40Aerial Perspective:Aerial Perspective:••As seen from the As seen from the intersection of Palomar intersection of Palomar Airport Road and the Airport Road and the southerly extension of southerly extension of Loker Avenue EastLoker Avenue East
Bressi Ranch Lot 40Bressi Ranch Lot 40Subsequent project:Subsequent project:••within the scope of the Bressi Ranch Program EIRwithin the scope of the Bressi Ranch Program EIRComplies with:Complies with:••Bressi Ranch Industrial development standardsBressi Ranch Industrial development standards••C.M.C. Planned Industrial development standardsC.M.C. Planned Industrial development standards••Comprehensive Land Use Plan:Comprehensive Land Use Plan:––McClellanMcClellan--Palomar AirportPalomar Airport
Bressi Ranch Lot 40Bressi Ranch Lot 40Neighborhood MeetingNeighborhood Meeting••June 30, 2005June 30, 2005Planning Commission HearingPlanning Commission Hearing••October 19, 2005October 19, 2005Planning Commission’s recommendation:Planning Commission’s recommendation:••ApprovalApproval