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HomeMy WebLinkAboutSDP 2018-0015; CARLSBAD VILLAGE SHOPPING CENTER; Admin Decision LetterJanuary 2, 2019 Scott Kend ~ \at , · :3· It 8FILE COPY {"'city of Carlsbad Balboa Retail Partners 11611 San Vicente Blvd #900 Los Angeles, CA 90049 SUBJECT: Dear Mr. Kend, SOP 2018-0015/MS 2018-0014 (DEV2018-0157) -CARLSBAD VILLAGE SHOPPING CENTER -Request for approval of a Minor Site Development Plan (SOP 2018-0015) and Minor Subdivision (MS2018-0014) for a lot line adjustment to an existing commercial shopping center, consolidating eight lots into four lots. The subject property is located at 945-1065 Carlsbad Village Drive, in the Village Review (V-R) Zone and Local Facilities Management Zone 1. The City Planner has completed a review of your application for Minor Site Development Plan SDP 2018- 0015 and Minor Subdivision MS 2018-0014 located at 945-1065 Carlsbad Village Drive. A notice was sent to property owners within a 300 foot radius of the subject property requesting comments regarding the above request. No comments were received within the ten-day notice period (ending on December 24, 2018). After careful consideration of the circumstances surrounding this request, the City Planner has made a decision pursuant to Section 21.06.070 of the City of Carlsbad Municipal Code to APPROVE this request based on the following findings and subject to the conditions listed below. Findings: SOP 2018-0015 1. That the proposed development or use is consistent with the general plan and any applicable master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the Carlsbad Municipal Code, and all other applicable provisions of this code; in that the existing commercial center on the site is consistent with the General Plan Village land use designation and offers retail and service opportunities to local residents and regional visitors. The proposed lot line adjustment does not change the existing uses or physical conditions of the site. 2. That the requested development or use is properly related to the site, surroundings and environmental settings, will not be detrimental to existing development or uses or to development or uses specifically permitted in the area in which the proposed development or use is to be located, and will not adversely impact the site, surroundings or traffic circulation; in that the existing commercial center on the site has been operating for many years and the proposed lot line adjustment does not change the existing uses or physical conditions of the site. Community & Economic Development Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov SDP 2018-0015/MS 2018-0014 (DEV2018-01S7)-CARLSBAD VILLAGE SHOPPING CENTER January 2, 2019 Pa e 2 3. That the site for the intended development or use is adequate in size and shape to accommodate the use; in that the proposed lot line adjustment does not change the existing uses or physical conditions of the site. 4. That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested development or use to existing or permitted future development or use in the neighborhood will be provided and maintained; in that no construction is proposed or permitted with this application. The proposed lot lines will comply with current setback standards. 5. That the street system serving the proposed development or use is adequate to properly handle all traffic generated by the proposed use; in that the proposed lot line adjustment does not change the existing uses or physical conditions of the site. The application does not intensify or change the existing uses on the subject site. MS 2018--0014 6. 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 lot line adjustment implements the goals and policies of the General Plan Village land use designation, the Village Review (VR) zoning district, and the Freeway Commercial (FC) district in the Carlsbad Village and Barrio Master Plan by offering retail and service opportunities to local residents and regional visitors. The proposed project is also consistent with Carlsbad Municipal Code (CMC) Title 20 -Subdivisions. 7. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for mixed development on the General Plan and are developed with complementary land uses, including commercial and residential, and there is no proposed change to the existing uses or physical conditions of the property. 8. 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 the commercial development in that the proposed lot line adjustment does not change the existing uses or physical conditions of the site. 9. 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 the proposed lot line adjustment does not propose any new easements or changes to existing easements. 10. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 11. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish and wildlife or their habitat, in that no construction is proposed or permitted with this application. SDP 2018-0015/MS 2018-0014 (DEV2018-0157) -CARLSBAD VILLAGE SHOPPING CENTER January 2, 2019 Pa e 3 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 existing commercial center on the site has been in operation for many years and the proposed lot line adjustment does not change the existing uses or physical conditions of the site. General 13. That the City Planner finds that the project, as conditioned herein, is in conformance with the City's General Plan in that the proposed lot line adjustment is consistent with the Village (VJ General Plan land use designation, the Village Review (VR) zoning district, and the Freeway Commercial (FC) district In the Carlsbad Village and Barrio Master Plan. 14. That 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 of the state CEQA Guidelines. 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. 15. That the request for a Minor Site Development Plan and Minor Subdivision was adequately noticed at least ten (10) calendar days before the date of this decision pursuant to Section 21.54.060 of the Carlsbad Municipal Code. 16. The City Planner has reviewed each of the exactions imposed on the Developer contained in this approval letter, 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 approval of the final parcel map. 1. Approval is granted for SDP 2018-0015/MS 2018-0014 as shown on Exhibits "A" -"E" dated January 2, 2019 on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. 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 Minor Site Development Plan and Minor Subdivision. SDP 2018-0015/MS 2018-0014 (DEV2018-0157)-CARLSBAD VILLAGE SHOPPING CENTER January 2, 2019 Pa e 4 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Site Development Plan and Minor Subdivision 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 am!!ndment to this approval. 4. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 5. 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. 6. 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 Minor Site Development Plan and Minor Subdivision, (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. 7. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 8. Prior to the approval of the final parcel 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 City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Minor Site Development Plan and Minor Subdivision 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. 9. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application, any change in the telecommunications provider, or any transfer in ownership of the site. - SDP 2018-0015/MS 2018-0014 (DEV2018-0157) -CARLSBAD VILLAGE SHOPPING CENTER January 2, 2019 Pa e 5 Engineering General 10. 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, street trees, sidewalks, landscaping, lighting, water quality treatment measures, and storm drain facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within this subdivision. Said instrument may be used to establish reciprocal access, drainage, parking and utilities between all parcels. Alternatively, said reciprocal uses may be established by a covenant of easement recorded on the parcel map or a private recorded agreement subject to the City Engineer's and City Planner's discretion. 11. 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. Code Reminders: 12. 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. 13. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the City of Carlsbad Municipal Code to the satisfaction of the City Engineer. 14. Subdivider shall comply with Section 20.16.040(d) of the Carlsbad Municipal Code regarding the undergrounding of existing overhead utilities. SDP 2018-0015/MS 2018-0014 (DEV2018-0157) -CARLSBAD VILLAGE SHOPPING CENTER January 2, 2019 Pa e 6 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 the 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 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. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $876. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Esteban Danna at (760) 602-4629. Sincerely, -~ ~ / /7 , ~ -.. TERI DELCAMP Principal Planner TD:ED:dh c: Joseph Fahey, BRFI Carlsbad LLC., 11611 San Vicente Boulevard #900, Los Angeles, CA 90049 David Rick, Project Engineer Don Neu, City Planner HPRM/File Copy Data Entry -