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HomeMy WebLinkAbout2020-04-15; Planning Commission; Resolution 7366PLANNING COMMISSION RESOLUTION NO. 7366 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP AND NONRESIDENTIAL PLANNED DEVELOPMENT PERMIT FOR A ONE-LOT SUBDIVISION WITH 10 NONRESIDENTIAL AIRSPACE CONDOMINIUM UNITS ON A 12.4-ACRE SITE PREVIOUSLY DEVELOPED WITH 10 EXISTING LIGHT INDUSTRIAL BUILDINGS LOCATED AT 2720-2738 LOKER AVENUE WEST IN THE P-M (PLANNED INDUSTRIAL) ZONE, AND LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: LOKER AVENUE CASE NO.: CT 2019-0005/PUD 2019-0005 WHEREAS, HG FENTON CO., "Owner," has filed a verified application with the City of Carlsbad regarding property described as Parcel 1: Parcel A of certificate of compliance recorded July 3, 1990 as instr.# 90-362938, of official records, said certificate of compliance being a boundary adjustment of parcels A and B of certificate of compliance recorded June 16, 1986 as instr.#86-240751 of official records, said certificate of compliance being a consolidation and boundary adjustment of lots 3 through 6 of map no. 10372 filed in the office of the county recorder of San Diego county, April 12, 1982; together with dolphin court as vacated by resolution no. 8553, recorded in the office of said county recorder June 16, 1986 as instr. # 86-240752 of official records Beginning at the southwesterly corner of said parcel A; thence along the westerly boundary of said parcel a north 2° 37' 29" west, 459.83 feet; thence leaving said boundary north 89° 17' 49" east, 155.07 feet; thence.south 58° 57' 57" east, 328.77 feet to a 90.00 foot radius curve concave northerly, thence easterly along the arc of said curve 77.80 feet through a central angle of 49 degrees, 31' 37"; thence radially to said curve south 18° 29' 34" east 35.92 feet; thence south 33°00' 00" east 78.00 feet; thence north 55° 04' 46" east 17.00 feet to a non-tangent 100.00 foot radius curve concave northeasterly a radial line to said curve bears south 55° 04' 46" west; thence southeasterly along the arc of said curve 31.25 feet through a central angle of 17° 54' 22"; thence south 52° 49' 36" east 25.14 feet (south 52° 49' 35" east 25.00 feet of record) to a point on the northwesterly right of way of Loker Avenue as shown on said map 10372 said point being also on the arc of a non-tangent 536.00 foot radius curve concave southeasterly a radial line to said curve bears north 55° 43' 29' west; (north 55 degrees 42' 50" west of record) thence southwesterly along the arc of said curve 28.62 feet through a central angle of 3° 03' 32" (28.75 feet through a centra.I angle of 03 degrees 04' 23" of record); thence south 31 ° 12' 59" west 275.67 feet (south 31° 12' 47" west 275.74 feet of record); thence north 58° 48' 20" west 222.57 feet (north 58 degrees 47' 13" West 222.48 feet of record); thence south 87° 21' 26" west 251.61 feet (south 87° 22' 31" west 251.50 feet of record) to the point of beginning. Parcel 2: Those portions of parcels A and B of certificate of compliance recorded June 16, 1986 as instr.# 86- 240751 of official records said certificate of compliance being a consolidation and boundary adjustment of lots 3 through 6 of map no. 10372 and dolphin court as vacated and closed to public use, in the City of Carlsbad, county of San Diego, State of California, described as follows: Beginning at the northeasterly corner of said parcel b; thence south 26° 32' 15" east 544.56 feet to a point on the northwesterly right of way of Loker Avenue as shown on said map rio. 10372 said point being also a point on a non-tangent 536.00 foot radius curve concave southeasterly a radial line to said curve bears north 26° 32' 15" west; thence southwesterly along the arc of said curve 272.94 feet through a central angle of 29° 10' 35"; thence leaving said right of way north 52° 49' 35" west 25.00 feet; to a 100.00 foot radius curve concave northeasterly; thence northwesterly along the arc of said curve 31.25 feet through a central angle of 17° 54' 22"; thence radially to said curve south 55° 04' 46" west 17.00 feet thence north 33° 00' 00" west 78.00 feet; thence north 18° 29' 34" west 35.94 feet; to a non-tangent 90.00 foot radius curve concave northerly A Radial line to said curve bears south 18° 29' 34 east; thence westerly along the arc of said curve 77.80 feet through a central angle of 49° 31' 37"; thence north 58° 57' 57" west 328.77 feet; thence south 89° 17' 49" west 155.07 feet to the westerly boundary of said parcel b; thence along the westerly boundary of said parcel b north 2° 37' 29" west 197.17 feet; thence north 61° 49' 29" east 354 .09 feet; thence south 89° 29' OS" east 278.01 feet to the point of beginning ("the Property"); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map and Nonresidential Planned Development Permit as shown on Exhibit "A" dated April 15, 2020, on file in the Planning Division CT 2019-0005/PUD 2019-0005 -LOKER AVENUE, as provided by Chapter 20 .12 and Chapter 21.47 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on April 15, 2020, 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 and Non-Residential Planned Development 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 APPROVES CT 2019-0005/PUD 2019-0005 -LOKER AVENUE, based on the following findings and subject to the following conditions: Findings: Tentative Tract Map 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 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 PC RESO NO. 7366 -2- to comply with the minimum requirements of the General Plan, Title 20, Title 21, and Specific Plan 200(8). 2. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for Planned Industrial development on the General Plan, and in that the site is already developed and surrounding properties to the south, west and east are designated for and/or developed with Planned Industrial land uses. The area to the north is designated Open Space. 3. That the site is physically suitable for the type and intensity of the development since the site is adequate in size and shape to accommodate development at the density proposed, in that the project is a subdivision, and no development is proposed. The existing buildings currently meet all development standards and public facilities requirements without the need for variances from any of the development standards. 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 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 the proposed subdivision. 5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 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 structures are oriented in such a manner which allows for adequate building separation for solar exposure and circulation of air. 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 habitat, in that the proposed subdivision does not alter the physical development of the site. Moreover, although the project was developed prior to the adoption of the Carlsbad Habitat Management Plan the site maintains the required buffer from the Hard line Preserve area in the open space north of the site. 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 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. Nonresidential Planned Development Permit 9. That the granting of this permit will not adversely affect and will be consistent with the Municipal Code including all the minimum development standards of the underlying zone except for lot area, the General Plan, applicable specific plans, master plans, and all adopted plans of the city and other governmental agencies, in that the proposed project is consistent with the Planned Industrial (Pl) General Plan Land Use designation and all development standards of the Planned Industrial (P-M~ Zone and Specific Plan 200(8) as well as Titles 20 and 21 regulations governing subdivisions and the design of nonresidential planned developments. PC RESO NO. 7366 -3- 10. That proposed use at the particular location is necessary and desirable to provide a service or facility which will contribute to the general well-being of the neighborhood and the community, in that the proposed nonresidential planned development will be located on the existing P-M zoned lot. The project is compatible with the surrounding industrial and open space uses and will provide opportunities for individual ownership of existing light industrial buildings. 11. That 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 meets all applicable city standards and ordinances, including the McClellan-Palomar Airport Land Use Compatibility Plan, and all public facilities and services are already developed. The existing access to the site from Loker Avenue is adequate for the proposed airspace condominiums. The subdivision includes all necessary features to be compatible with surrounding development. The nonresidential planned development will not pose a safety hazard to the occupants of the surrounding industrial and open space uses. General 12. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the city's General Plan, Specific Plan 200(8) based on the facts set forth in the staff report dated April 15, 2020 including, but not limited to the following: (a) Land Use -the proposed subdivision of existing office/industrial buildings are consistent with the Planned Industrial (Pl) General Plan Land Use and Planned Industrial (P-M) Zoning designations for the site, (b) Mobility -all existing roadways and improvements are necessary to serve the existing development, and no additional improvements are required, (c) Noise -The project is located outside of the 60 dBA CNEL noise contour of Palomar Airport, and the existing buildings have been sound attenuated to meet the 55 dBA CNEL interior noise level standards for nonresidential construction. 13. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 5 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. 14. 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 Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 15. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 5. 16. 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 with the prior development of the site and no new facilities are required. PC RESO NO. 7366 -4- 17. The project is cor1sistent with the adopted Airport Land Use Compatibility Plan for the McClellan- Palomar Airport (ALUCP), dated December 1, 2011, in that the project is located within the Airport Influence Area and Flight Activity Zone and office/industrial/warehouse development is considered to be a low-intensity use which does not involve assemblages of large groups of people. Portions of three buildings are in Safety Zone 2 and the rest in Safety Zone 4, however the existing uses onsite, light industrial in nature, comply with the safety compatibility criteria of the ALUCP. The project is compatible with the projected noise levels of the ALUCP; and, based on the noise/land use compatibility matrix of the ALUCP, 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 existing buildings are sufficiently attenuated by conventional construction that the indoor noise level is acceptable, and both indoor and outdoor activities associated with the existing land use may continue to be carried out with essentially no interference from aircraft noise. 18. The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation-of environmental documents pursuant to Section 15315 (Minor Land Divisions) Class 15 Categorical Exemption of the State CEQA Guidelines. In addition, the project does not involve the use of hazardous substances. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 19. 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 the Final Map. 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 future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the city's approval of this Tentative Tract Map and Nonresidential Planned Development Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map and Nonresidential Planned Development Permit 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. 3. Developer shall comply with all applicable prov1s1ons of federal, state, and local laws and regulations in effect at the time of building permit issuance. PC RESO NO. 7366 -5- 4. If any condition for construction of any public improvements or facilities, or the payment of any . fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of 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 Tentative Tract Map and Non Residential Planned Development Permit, (b) city's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility 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. 6. Prior to submittal of the final map the developer shall submit to the City Planner, a 24" x 3611 copy of the Tentative Map, reflecting the conditions approved by the final decision making body. The copy shall be submitted to the City Planner, reviewed and, if found acceptable, signed by the city's project planner and project engineer. If no changes were required, the approved exhibits shall fulfill this condition. 7. This project shall comply with all conditions which are required as part of the Zone 5 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 8. 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 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 5, 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. 9. Prior to the recordation of the Final Map, Developer shall submit to the city a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a(n) Tentative Tract Map and Nonresidential Planned Development Permit by Resolution(s) No. 7366 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 City Planner 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. 10. Developer shall establish a homeowner's association and corresponding covenants, conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the City Planner prior to final map approval. The CC&Rs shall adequately address the maintenance of all common PC RESO NO. 7366 -6- landscape areas, employee eating areas, and paved access and parking areas. Prior to rec'ordation of the Final Map the Developer shall provide the Planning Division with a draft copy of the official 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: a. b. C. General Enforcement by 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, the city shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to the 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 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 written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particu,ai-ity the maintenance which the city finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association's Easements within the period specified by the city's notice, the city shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. d. Special Assessments Levied by the city: In the event thedty 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 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 amount equal to six percent (6%) of the amount of the invoice. Thereafter the city may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the city, the city may levy a special assessment against the Owners of each Lot in the Project for an equal pro rata share of 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 and/or to pursue lien foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article _____ of this Declaration. PC RESO NO. 7366 -7- e. Landscape Maintenance Responsibilities: The property owner's association and individual unit owner landscape maintenance responsibilities shall be as set forth in Exhibit "A". 11. A joint reciprocal parking agreement shall be submitted for review and approval by the City Planner, City Engineer, and City Attorney. The agreement shall provide for the following: a. The sharing in perpetuity of all parking and access aisles/driveways onsite, and between all the uses proposed for the project. b. The agreement shall not be modified without the prior written approval of the City Planner, City Engineer, and City Attorney. c. A copy of the joint use parking agreement shall be recorded in the Office of the County Recorder and copies filed with the City Planner concurrently with the recordation of the Final Map. 12. This project shall comply with all conditions required as part of the Planned Industrial Permit (PIP 86-0l(B)) approval dated October 8, 2008. 13. The location and size of all employee eating areas, parking spaces, and landscape areas shall not be altered, reduced, fenced, or divided to preclude the equal use by all owners/employees of the site. 14. 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 and Development Department and Planning. Engineering 15. Developer shall submit to the city engineer an acceptable instrument, via CC&Rs and/or other recorded document, addressing the maintenance, repair, and replacement of shared private improvements within this subdivision, including but not limited to private utilities, sidewalks, landscaping, parking spaces, driveways, parking lot lighting, storm drain facilities, etc. located therein and to distribute the costs of such maintenance in an equitable manner among the owners · of the properties within this subdivision. 16. Developer shall prepare, submit and process for city engineer approval a final map to subdivide this project. There shall be one Final Map r ecorded for this project. Developer shall pay the city standard map review plan check fees. 17. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. The property owner shall maintain this condition. 18. Property owner shall maintain all landscaping (street trees, tree grates, shrubs, groundcover, etc.) and irrigation along the parkway frontage with Loker Avenue as shown on the Tentative Map/Site Plan. PC RESO NO. 7366 -8- Storm Water Quality 19. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. Dedications/Improvements 20. Developer shall abandon those public easements or portions of public easements on the final map or vacate said easements by separate instrument, all as identified on the tentative map. Non-Mapping Notes 21. Add the following notes to the final map as non-mapping data: A. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to encroach within the area identified as a sight distance corridor as defined by City of Carlsbad Engineering Standards or line-of-sight per Caltrans standards. NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. PC RESO NO. 7366 -9- 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 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 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 April 15, 2020, by the following vote, to wit: AYES: Chair Anderson, Commissioners Geidner, Lafferty, Luna, Meenes, Merz, and Stine NOES: ABSENT: ABSTAIN: VELYN ANDERSON, Chair CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7366 · -10-