HomeMy WebLinkAbout1990-10-17; Planning Commission; Resolution 3132,- . ~.
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PLANNING COMMISSION RESOLUTION NO. 3132
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WLSBAD,
CALIFORNIA, APPROVING A TENTATIVE MAP ON PROPERTY GENERALLY
LOCATED ON LOT 21 OF THE CARLSBAD OAKS BUSINESS PARK.
CASE NAME: PROMONTORY BUSINESS PARK
CASE NO.: CT 90-18
WHEREAS, a verified application for certain property to wit:
Lot 21 of Carlsbad Tract 74-21
has been filed with the City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said mified application constitutes a request as provided by Title 21 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of October, 1990, hold a duly
noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map and Planned Unit Development.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission recommends
APPROVAL of CT 90-18, based on the following findings and subject to the following
conditions:
Findings:
1. All finclings of PUD 90-19 Planning Commission Resolution No. 3133 are incorporated herein by reference.
2. All necessary public improvements have been provided or will be required as conditions
of approval.
3. The proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for Planned Industrial development on the General
Plan.
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4. This project will not cause any significant environmental impacts and a Negative
Declaration has been issued by the Planning Director on September 20, 1990 and
APPROVED by the Planning Commission on October 17,1990. In approving this Negative
Declaration the Planning Commission has considered the initial study, the staff analysis,
all required mitigation measures and any written comments received regarding the
significant effects this project could have on the environment.
5. This project is consistent with the City's Growth Management Ordinance as it has been
conditioned to comply with any requirement approved as part of the Local Facilities
Management Plan for Zone 5.
6. The project is in compliance with all conditions previously imposed by Planned Industrial
Permit, PIP 88-2,
Conditions:
1. Approval is granted for CT 90-18/PUD 90-19, as shown on Exhibit(s) "A" -"E, dated
October 17, 1990, incorporated by reference and on file in the Planning Department.
Development shall occur substantially as shown unless otherwise noted in these
conditions.
2. Approval of CT 90-18 is granted subject to the approval of PUD 90-19.
3. CT 90-18/PUD 90-19 is subject to all conditions imposed by PIP 88-2 incorporated herein
by reference.
4. This project shall comply with all conditions and mitigation measures which may be
required as part of the Zone 5 Local Facilities Management Plan and any amendments
made to that Plan prior to recordation of final map.
5. The developer shall provide the City with a reproducible 24" x 36", mylar copy of the
Tentative Map/Site Plan as approved by the Planning Commission. The Tentative
Map/Site Plan shall reflect the conditions of approval by the City. The Map/Plan copy
shall be submitted to the City Engineer prior to building, grading or improvement plan
submittal, whichever occurs first.
6. A 500' scale map of the subdivision shall be submitted to the Planning Director prior to
the recordation of the final map. Said map shall show all lots and streets within and
adjacent to the project.
7. 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 65913.5. 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.
I 8. Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit
issuance.
PC RES0 NO. 3132 -2-
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9. The applicant shall establish an owner's association and corresponding covenants,
conditions and restrictions. Said CC&R's shall be submitted to and approved by the
Planning Director prior to final map approval. Proposed amendments to approved CC&R's require Planning Director approval. Said CC&R's shall include the faDawing:
a) The required CC&R's shall assign to a governing board the responsibility for reviewing all proposed tenant improvements for Lots 1 through 6 to ensure
that the number of parking spaces required to accommodate the combined
proportion of uses based on the parking ratios required by Specific Plan 200
does not exceed 221 spaces.
b) Prior to submitting building plans for tenant improvements to the City of Carkbad Building Department, the governing board shall be required to
approve the tenant improvement plans.
c) Tenant improvement plans proposed for any lot in this subdivision shall be required to provide a table showing the current proportion of uses in each
building located on Lots 1 through 6 and the number of parking spaces
required to accommodate these uses based on the parking ratios required by
Specific Plan 200.
dl The owners of Lots 1 through 6 shall hold in common an equal undivided interest in Lot 7. The responsibili~ and costs for the maintenance of Lot 7
shall be shared in a fair and equitable proportiom Rights to the use of Lot 7
may not be divided.
e) The locations and size of all employee eating areas, parking spaces and landscaped areas within Lot 7 as shown on Exhibit "C" shall not be altered,
reduced, fenced, or divided to preclude the equal use by all owners/employees
of Lots 1 through 6. Any violation of this requirement will result in the Citfs
denial of building permits and/or Certificates of Occupancy.
0 No outdoor storage of material shall occur onsite unless required by the Fire Chief. In such instance a storage plan will be submitted for approval by the
Fire Chief and the Planning Director.
10. Prior to the issuance of the final map there shall be a recorded deed restriction placed on
the deed to each newly created lot subject to the satisfaction of the Planning Director
notifying all interested parties and successors in interest that the City of Carlsbad has
issued a subdivision map and Non-residential Planned Unit Development by Resolution
No.'s 3131, 3132 and 3133 and PIP 88-2 on the real property owned by the declarant
Said deed restriction shall note the property description, location of the file containing
complete project details and conditions of approval as well as any conditions or
restrictions specified for inclusion in the deed restriction. Said deed restriction may be
modified or terminated only with the approval of the Planning Director, Planning
Commission, or City Council of the City of Carlsbad whichever has final decision authority
for the project
PC RES0 NO. 3132 -3-
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11. The &OW combined uses of Lots 1 through 6 shall be maintained in such propodon of
their total net useable quare footage so that the 221 spaces provided on Lot 7 adequately
serve the parking needs for Lots 1 through 6 based on the parking ratios required by
specific Plan 200.
12. AU 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 Planning and Building.
13. No outdoor storage of material shall occur onsite unless required by the Fire Chief. In
such instance a storage plan will be submitted for approval by the Fire Chief and the
Planning Director.
14. The applicant shall prepare a detailed landscape plan which shall be submitted to and
approved by the Planning Director prior to the issuance of a f;lat map. % landscape
plan shall supplement the existing landscape plan and shall include the planters along Loker Avenue and the slopes along eastem and southern property lines. This landscape
plan shall be exempt from plancheck fees normally assessed.
15. Any signs proposed for this development shall at a minimum be designed in conformance
with the City's Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
16. A uniform sign program for this development shall be submitted to the Planning Director
for his review and approval prior to occupancy of any building. The proposed sign
program shall be in compliance with the Specific Plan 200 sign requirements.
17. The nine compact parking spaces located along the northern entrances of Building A shall
be increased to standard 8.Sx17.S (with a 2.5 ovahang) size spacing prior to occupancy
of any unit in this subdivision.
18. NO further subdivision of Lots 1-7 created by th;s subdivision map shall occur. A note to
that effect shall be placed on the final map.
En&eering Conditions:
19. Unless a standard variance has been issued, no variance from City Standards is authorized
by virtue of approval of this Tentative Map.
20. The developer shall comply with all the rules, regulations and design requirements of the
respective sewer and water agencies regarding services to the project.
21. The developer shall be responsible for coordination with S.D.G.&E., Pacific Telephone, and
Cable TV authorities.
22. This project is approved specifically as 1 (single) phase.
PC RES0 NO. 3132 -4-
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23. The developer shall provide an acceptable means for maintaining the easements within the
subdivision and all the private streets, sidewalks, street lights, storm drain facilities and
sewer facilities located therein and to distribute the costs of such maintenance in an
equitable manner among the owners of the units within the subdivision. Adequate
provision for such maintenance shall be included with the CC&R's subject to the approval
of the City Engineer.
24. Approval of this tentative map shall expire twenty-four (24) months from the date of
Planning Commission approval unless a final map is recorded. An extension may be
requested by the applicant. Said extension shall be approved or denied at the discretion
of the Planning Commission. In approving an extension, the Planning Commission may
impose new conditions and may revise existing conditions pursuant to Section 21.12.110(a)(2) Carlsbad Municipal Code.
25. Prior to approval of the final map the developer shall enter into an agreement with the
City to pay any drainage area fees established as a result of the forthcoming Master
Drainage Plan Update.
26. The developer shall enter into an agreement with the City to pay a proportional share of
Sunnycreek Drainage Basin mitigation prior to final map approval
27. prior to issuance of recordation of final map, the property owner andlor applicant shall
enter into an agreement SatisfactoIy to the Community Development Director or Finance
Director, to contriiute the project's fair share of the financial guarantee for the upgrading
of Palomar Airport Road from El Camino Real to the eastern City limit..
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission 1
of the City of Carlsbad, California, held an the 17th day of October, 1990, by the following vote,
to wit:
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AYES: Chairperson Schramm, Commissioners: Schlehuber, McFadden, Erwin and ~
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Marcus.
NOES: None.
ABSENT: Commissioners Hall and Holmes. I
ATTEST:
SHARON SCHRA", Chairperson
CARLSBAD PLANNING COMMISSION I
PLANNING DIRECTOR
PC RES0 NO. 3132 -5-