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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 X X X IO 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. I PAGE 2 OF AGENDA BILL NO. IF, 3d0 Facilities Zone Local Facilities Management Plan Growth Control Point ENVIRONMENTAL: 23 23 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 “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 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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, 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Findings: 1. 2. 3. 4. 5. 6. 7. 8. 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. 10. 11. 12. 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13. 14. 15. 16. 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. 3. 4. 5. 6. 7. 8. 9. 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. 11. 12. 13. 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 /I PC RES0 NO. 5988 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14. 15. 16. 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 17. 18. 19. 20. 21. 22. 23. 24. 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. -8- /3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. PC RES0 NO. 5988 -9- /4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31. 32. 33. 34. 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; -10- L5 PC RES0 NO. 5988 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: l7 PC RES0 NO. 5988 -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 47. 48. 49. 50. 51. 52. 53. 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. ... ... PC RES0 NO. 5989 -4- 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 PC RES0 NO. 5989 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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, 3s’ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 40„„Property Size:Property Size:••9.63 Acres9.63 Acres„„14 Office Buildings:14 Office Buildings:••2 Two2 Two--StoryStory••12 One12 One--StoryStory„„Total Square Feet:Total Square Feet:••119,100119,100„„Parking Provided:Parking Provided:••1 space per 250 sq.ft1 space per 250 sq.ft••477 Spaces477 Spaces„„Remainder of the site:Remainder of the site:••LandscapeLandscape••Employee Rest AreasEmployee Rest Areas Bressi Ranch Lot 40Bressi Ranch Lot 40„„OneOne--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 40„„TwoTwo--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 40„„Aerial 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 40„„Subsequent project:Subsequent project:••within the scope of the Bressi Ranch Program EIRwithin the scope of the Bressi Ranch Program EIR„„Complies 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 40„„Neighborhood MeetingNeighborhood Meeting••June 30, 2005June 30, 2005„„Planning Commission HearingPlanning Commission Hearing••October 19, 2005October 19, 2005„„Planning Commission’s recommendation:Planning Commission’s recommendation:••ApprovalApproval