HomeMy WebLinkAbout2007-02-07; Planning Commission; Resolution 6239PLANNING COMMISSION RESOLUTION NO. 6239
1 A RESOLUTION OF THE PLANNING COMMISSION OF THE
2 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF CARLSBAD TRACT CT 06-02 TO
3 SUBDIVIDE A 20.824-ACRE SITE WITH 18 PREVIOUSLY
APPROVED INDUSTRIAL BUILDINGS INTO 93 AIRSPACE
4 NONRESIDENTIAL CONDOMINIUM UNITS AND ONE
- COMMON AREA LOT GENERALLY LOCATED ALONG THE
SOUTH SIDE OF PALOMAR AIRPORT ROAD, EAST OF
6 INNOVATION WAY, AND NORTH OF GATEWAY ROAD IN
THE P-M (PLANNED INDUSTRIAL) ZONE, BRESSI RANCH
7 MASTER PLAN, PLANNING AREA 4, AND LOCAL
FACILITIES MANAGEMENT ZONE 17.
8 CASE NAME: THE TOWERS AT BRESSI RANCH
9 CASE NO.: CT 06-20
10 WHEREAS, Ryan Companies US, Inc., "Developer," has filed a verified
application with the City of Carlsbad regarding property owned by Palomar Airport Road,
12 LLC, a Minnesota limited liability company, "Owner," described as
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Lots 24 though 28, inclusive, of Carlsbad Tract CT 02-15, in
14 the City of Carlsbad, County of San Diego, State of California,
1 _ according to Map thereof No. 14960, filed in the Office of the
County Recorder of San Diego County on February 4,2005
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("the Property"); and
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WHEREAS, said verified application constitutes a request for a Tentative Tract18
Map as shown on Exhibits "A" - "E" dated February 7, 2007, on file in the Planning
20 Department THE TOWERS AT BRESSI RANCH - CT 06-20, as provided by Chapter 20.12
21 of the Carlsbad Municipal Code; and
22 WHEREAS, the Planning Commission did, on the 7th day of February, 2007,
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hold a duly noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
26 and arguments, if any, of persons desiring to be heard, said Commission considered all factors
27 relating to the Tentative Tract Map.
28 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.
2 B) That based on the evidence presented at the public hearing, the Commission
3 RECOMMENDS APPROVAL of CT 06-20 - THE TOWERS AT BRESSI
RANCH, based on the following findings and subject to the following conditions:
5 Findings;
5 1. 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
7 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
proposed subdivision is designed to comply with the minimum requirements of the
9 General Plan, Title 20, Title 21 and Planning Area 4 of the Bressi Ranch Master
Plan (MP178).
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2. That the proposed project is compatible with the surrounding future land uses since
11 surrounding properties are designated for Planned Industrial and Residential Medium
Density development on the General Plan, in that surrounding properties to the north,
east, and west are designated for and/or developed with Planned Industrial land
13 uses and the surrounding residential properties to the south are sufficiently
buffered by landscaping, Gateway Road and 6 foot tall masonry walls.
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3. That the site is physically suitable for the type and density of the development since the
15 site is adequate in size and shape to accommodate industrial development at the density
proposed, in that the project complies with all development standards and public
facilities requirements without the need for variances from any of the development
17 standards.
18 4. 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
19 public at large, for access through or use of property within the proposed subdivision, in
that concurrent with the recordation of the final map the developer will vacate and
adjust any easements that conflict with proposed development.
21 5. That the property is not subject to a contract entered into pursuant to the Land
22 Conservation Act of 1965 (Williamson Act).
23 6. That the design of the subdivision provides, to the extent feasible, for future passive or
natural heating or cooling opportunities in the subdivision, in that the structures are
24 oriented in such a manner which allows for adequate building separation for solar
2^ exposure and circulation of air.
25 7. 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
27 habitat, in that the proposed subdivision does not alter the physical development of
the site. Additionally, the project area is not within a preserve area of the adopted
28 Carlsbad Habitat Management Plan. The project area is a designated development
PC RESO NO. 6239 -2-
area in the Bressi Ranch Master Plan (MP 178), which was evaluated in the Final
2 Program EIR 98-04.
3 8. 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
4 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.
9. 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 February 7,2007 including, but
not limited to the following:
a. Land Use - The proposed office/industrial uses are consistent with the Planned
Industrial (PI) General Plan Land Use and Planned Industrial (P-M) Zoning
11 designations for the site.
12 b. Circulation - All roadways and improvements necessary to serve the
development exist, and no additional improvements are required.
1 . c. Noise - The project is located outside the 60 dBA CNEL noise contour of
Palomar Airport, and the buildings have been sound attenuated to meet the 55
15 dBA CNEL interior noise level standards for nonresidential construction.
16 10. The project is consistent with the Citywide 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
19 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.
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11. 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
22 requirements established by a Local Facilities Management Plan prepared pursuant to
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
23 public facilities and will mitigate any cumulative impacts created by the project.
12. This project has been conditioned to comply with any requirement approved as part of the
25 Local Facilities Management Plan for Zone 17.
26 13. 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.
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14. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the
2 McClellan-Palomar Airport, dated April 1994, in that the project is located within the
Airport Influence Area and Flight Activity Zone and office/industrial/warehouse
3 development is considered to be a low-intensity use which does not involve
assemblages of large groups of people. The project is compatible with the projected
4 noise levels of the CLUP; and, based on the noise/land use compatibility matrix of the
e CLUP, the proposed land use is compatible with the airport, in that the project site is
located outside the 60 CNEL noise level contour lines, and the outdoor community
6 noise equivalent level (CNEL) is sufficiently attenuated by conventional
construction that the indoor noise level is acceptable, and both indoor and outdoor
7 activities associated with the land use may be carried out with essentially no
_ interference from aircraft noise.
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9 15. The Planning Director has determined that:
10 a. The project is a subsequent activity of the Bressi Ranch Master Plan (MP 178)
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
12 program approved earlier, and that the program EIR adequately describes the
activity for the purposes of CEQA); [15168(c)(2) and (e)]; and
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b. This project is consistent with the Bressi Ranch Master Plan cited above; and
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,, c. EIR 98-04 was certified in connection with the Bressi Ranch Master Plan; and
16 d. The project has no new significant environmental effect not analyzed as
significant in the prior EIR 98-04; and
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e. None of the circumstances requiring a Subsequent EIR or a Supplemental EER
under CEQA Guidelines Sections 15162 or 15163 exist.
19 16. The Planning Commission has reviewed each of the exactions imposed on the Developer
20 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
21 degree of the exaction is in rough proportionality to the impact caused by the project.
22 Conditions;
23 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of
24 the final map.
25 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
27 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
28 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
PC RESO NO. 6239 -4-
conditions or seek damages for their violation. No vested rights are gained by Developer
2 or a successor in interest by the City's approval of this Tentative Tract Map.
3 2. 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 hi 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.
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3. Developer shall comply with all applicable provisions of federal, state, and local laws and
7 regulations in effect at the time of building permit issuance.
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4. If any condition for construction of any public improvements or facilities, or the payment
9 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
10 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.
12 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
13 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
14 and costs, including court costs and attorney's fees incurred by the City arising, directly
or indirectly, from (a) City's approval and issuance of this Tentative Tract Map,
(b) City's approval or issuance of any permit or action, whether discretionary or
16 nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
17 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.
20 6. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar
copy of the Tentative Map reflecting the conditions approved by the final decision-
making body.
22 7. Prior to the issuance of a building permit, the Developer shall provide proof to the
23 Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
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8. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 17 Local Facilities Management Plan and any amendments made to
26 that Plan prior to the issuance of building permits.
27 9. 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
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facilities will continue to be available until the time of occupancy. A note to this effect
2 shall be placed on the Final Map.
3 10. 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
4 Director prior to final map approval. The CC&Rs shall adequately address the
maintenance of all common landscape areas, employee eating areas, and paved
access and parking areas. Prior to recordation of the final map the Developer shall
provide the Planning Department with a draft copy of the CC&Rs. The approved
CC&Rs shall be recorded concurrently with the final map. At a minimum, the
CC&Rs shall contain the following provisions:
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a. General Enforcement by the City. The City shall have the right, but not the
9 obligation, to enforce those Protective Covenants set forth in this Declaration in
favor of, or in which the City has an interest.
10 b. Notice and Amendment. A copy of any proposed amendment shall be provided to
the City in advance. If the proposed amendment affects the City, City shall have
the right to disapprove. A copy of the final approved amendment shall be
12 transmitted to City within 30 days for the official record.
13 c. Failure of Association to Maintain Common Area Lots and Easements. In the
event that the Association fails to maintain the "Common Area Lots and/or the
Association's Easements" as provided in Article , Section
,- the City shall have the right, but not the duty, to perform the necessary
maintenance. If the City elects to perform such maintenance, the City shall give
16 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
17 and requesting the same be carried out by the Association within a period of thirty
(30) days from the giving of such notice. In the event that the Association fails to
carry out such maintenance of the Common Area Lots and/or Association's
19 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
20 reimbursement with respect thereto from the Owners as provided herein.
21 d. Special Assessments Levied by the City. In the event the City has performed the
necessary maintenance to either Common Area Lots and/or Association's
Easements, the City shall submit a written invoice to the Association for all costs
23 incurred by the City to perform such maintenance of the Common Area Lots and
or Association's Easements. The City shall provide a copy of such invoice to
24 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
27 within the period specified, payment shall be deemed delinquent and shall be
subject to a late charge in an amount equal to six percent (6%) of the amount of
28 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
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generality of the foregoing, in addition to all other rights and remedies available to
2 the City, the City may levy a special assessment against the Owners of each Lot in
the Project for an equal pro rata share of the invoice, plus the late charge. Such
3 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
4 the Project hereby vests the City with the right and power to levy such special
<r assessment, to impose a lien upon their respective Lot and to bring all legal
actions and/or to pursue lien foreclosure procedures against any Owner and
6 his/her respective Lot for purposes of collecting such special assessment in
accordance with the procedures set forth in Article of this Declaration.
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e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit
owner landscape maintenance responsibilities shall be as set forth in Exhibit
9 •
10 f. The required CC&Rs shall assign to a governing board the responsibility for
reviewing all proposed tenant improvements for the project to ensure that
the number of required parking spaces to accommodate the combined
12 proportions of uses, based on the parking ratios required by Chapter 21.44
of the Carlsbad Municipal Code, does not exceed 942 spaces.
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g. Prior to submitting building plans for tenant improvements to the City of
14 Carlsbad Building Department, the governing board shall be required to
1 _ approve the tenant improvement plans for purposes of assuring an adequate
distribution of parking spaces.
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h. The location and size of all employee eating areas, parking areas, and
17 landscaped areas within the project as shown on Exhibits "B" and "C" shall
not be altered, reduced, fenced, or divided to preclude the equal use by all
owners/employees of the site.
19 i. All roof appurtenances, including air conditioners, shall be architecturally
20 integrated and concealed from view and sound buffered from adjacent
properties and streets consistent with Building Department Policy No. 80-6,
21 and to the satisfaction of the Directors of Community Development and
22 Planning.
23 11. Prior to the recordation of the Final Map, the Developer shall submit to the Planning
Director a recorded copy of the Condominium Plan filed with the Department of Real
24 Estate which is in conformance with the City-approved documents and exhibits.
25 12. This approval is granted subject to the approval of PUD 06-02 and is subject to all
26 conditions contained in Planning Commission Resolution No. 6240 for those other
approvals incorporated herein by reference.
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13. This project shall comply with all conditions required as part of the Planned
28 Industrial Permit (PIP 05-24) approval dated May 31,2006.
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14. Developer shall submit to the City a Notice of Restriction to be filed in the office of the
2 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
3 Tentative Tract Map and Non-residential Planned Development permit by
Resolutions No. 6239 and 6240 on the property. Said Notice of Restriction shall note the
property description, location of the file containing complete project details and all
<r 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
6 an amendment to the notice which modifies or terminates said notice upon a showing of
good cause by the Developer or successor in interest.
7
15. A joint use parking agreement shall be submitted for review and approval by the
Planning Director, City Engineer, and City Attorney. The agreement shall provide
9 for the following:
10 A. The sharing in perpetuity of all parking and access aisles/driveways onsite,
and between all the uses proposed for the Towers at Bressi Ranch project.
B. The agreement shall not be modified without the prior written approval of
the Planning Director, City Engineer, and City Attorney.
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C. A copy of the joint use parking agreement shall be recorded in the Office of
14 the County Recorder and copies filed with the Planning Director
_ concurrently with the recordation of the Final Map.
16. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
17 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 17, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
20
17. All roof appurtenances, including air conditioners, shall be architecturally integrated and
21 concealed from view and sound buffered from adjacent properties and streets consistent
with Building Department Policy No. 80-6, and to the satisfaction of the Directors of
Community Development and Planning.
23 18. No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
24 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
25 approved plan.
19. All lighting shall be designed to reflect downward and avoid any impacts on adjacent
27 homes or property.
28 20. Developer shall construct, install, and stripe not less than 942 parking spaces, as shown
on Exhibits "B" and "C".
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21. Tenant Improvements for this project are only permitted if the parking provided
2 complies with City ordinance parking requirements (C.M.C. Chapter 21.44) for the
proposed mix of uses (office/manufacturing/warehousing). This condition shall be
3 included in the Notice of Restriction per Condition No. 12 of this permit approval
level.4
r 22. The developer shall submit and obtain Planning Director approval of a sign
program for the project showing conformance with the City of Carlsbad Sign
6 Ordinance. All signs shall be constructed and installed in accordance with the
approved sign program.
7
Engineering;
o
9 General
10 23. Project shall comply with all Engineering conditions of PIP 05-24, which are
incorporated by reference.
, 2 24. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other
recorded document, for maintaining the private easements within the subdivision and all
13 the private improvements: streets, sidewalks, street lights, and storm drain facilities
located therein and to distribute the costs of such maintenance in an equitable manner
14 among the owners of the properties within the subdivision.
25. There shall be one Final Map recorded for this project.
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26. Developer shall cause Owner to waive direct access rights on the Final Map for all lots
17 abutting Innovation Way and Gateway Road except for approved locations.
1R 27. Developer shall execute and record a City Standard Water Quality Facilities
^9 Maintenance Agreement prior to the approval of final map.
20 28. Developer shall cause property owner to apply for and obtain reapportionment of
the assessments imposed on the subject project in accordance with law governing
21 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 City Engineer with the
23 application for the final map.
24 Final Map
2S 29. Developer shall show on Final Map the net developable acres for each parcel.
26 30. Note(s) to the following effect(s) shall be placed on the map as non-mapping data:
27
A. All improvements are privately owned and are to be privately maintained with the
2° exception of the following:
PC RESO NO. 6239 -9-
1. Public water main, fire hydrants and appurtenances.
2
2. Public sewer mains and access holes.
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Sewer and Water4
r 31. The Developer shall design and construct public sewer facilities within public right-of-
way or within minimum 20-feet wide easements granted to the City of Carlsbad. At the
6 discretion of the District Engineer, wider easements may be required for adequate
maintenance, access and/or joint utility purposes.
7
32. The Developer shall design and construct public sewer facilities substantially as shown
on the Tentative Map to the satisfaction of the District Engineer. Proposed public
9 facilities shall be reflected on public improvement plans.
10 33. The requirement to provide a separate water service for each separate ownership
unit within a building structure is waived in accordance with Development Services
Policy Directive No. 2. Developer shall record a deed restriction or other such
12 document as approved by the District Engineer and the City Attorney, notifying
owners that multiple ownership units are served by a single water meter.
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Code Reminders
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1 <- The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
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34. The tentative map shall expire twenty-four (24) months from the date this tentative map
17 approval becomes final.
1 O 35. Approval of this request shall not excuse compliance with all applicable sections of the
19 Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
20
36. The project shall comply with the latest non-residential disabled access requirements
2 * pursuant to Title 24 of the State Building Code.
22 37. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
23 Code Section 18.04.320.
24 38. 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.
26 39. Developer shall pay park-in-lieu fees to the City, prior to the approval of the building
27 permit as required by Chapter 20.44 of the Carlsbad Municipal Code.
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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 fees/exactions. If you
protest them, you must follow the protest procedure set forth hi Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading, or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 7th day of February, 2007, by the
following vote, to wit:
AYES:Chairperson Baker, Commissioners Cardosa, Dominguez, Douglas
Montgomery, Segall and Whitton
NOES:
ABSENT:
ABSTAIN:
JULIE
CARLS
ATTEST:
Ou.
, Chairperson
LANNING COMMISSION
DONNEU
Assistant Planning Director
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