HomeMy WebLinkAbout1999-01-20; Planning Commission; Resolution 4454*
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1 I/ PLANNING COMMISSION RESOLUTION NO. 4454
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF SITE DEVELOPMENT PLAN AMENDMENT
SDP 90-05(D) TO ALLOW THE INSTALLATION OF 12 AIR
CONDITIONING UNITS WITH EQUIPMENT SCREENS ON THE
ROOF OF THE COSTCO STORE ON PROPERTY LOCATED AT
951 PALOMAR AIRPORT ROAD IN LOCAL FACILITIES
MANAGEMENT ZONE 5
CASE NAME: COSTCO WHOLESALE HVAC ROOF
CASE NO.: SDP 90-05(D)
WHEREAS, Costco Wholesale, “Developer”, has filed a verified a1
UNITS
with the City of Carlsbad regarding property owned by Costco Wholesale, “Owner”,
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Parcel 2 of Parcel Map 17542 in the City of Carlsbad, County
of San Diego, State of California, filed in the Office of the
County Recorder of San Diego County June 27,1995
l5 11 (“the Property”); and
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17 WHEREAS, said verified application constitutes a request for a Site Dev
18 Plan Amendment as shown on Exhibit(s) “A” - “M” dated January 20, 1999, on f
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provided by Chapter 21.06/Section 21.06.030 of the Carlsbad Municipal Code; and 20
Planning Department, COSTCO WHOLESALE HVAC ROOF UNITS, SDP 90-
21 I1 WHEREAS, the Planning Commission did, on the 20th day of Janua
22 11 hold a duly noticed public hearing as prescribed by law to consider said request; and
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24 WHEREAS, at said public hearing, upon hearing and considering all 1
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WHEREAS, on May 21, 1991, the City Council approved, SDP ’ 27
relating to the Site Development Plan Amendment.
described and conditioned in Planning Commission Resolution No. 3209; and amen
and arguments, if any, of all persons desiring to be heard, said Commission considered ;
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90-05 most recently on October 21, 1997 as described and conditioned in
Commission Resolution No. 4143.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
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 RECOMMENDS APPROVAL of COSTCO WHO1
HVAC ROOF UNITS, SDP 90-05(D) based on the following find
subject to the following conditions:
Findinps:
1. That the requested use is properly related to the site, surroundings and envi~
settings, is consistent with the various elements and objectives of the General
not be detrimental to existing uses or to uses specifically permitted in the area
the proposed use is to be located, and will not adversely impact the site, surrou
traffic circulation, in that the project design complies with the requiremer
General Commercial (C-2) Zone. The height of the proposed roof equip]
equipment screens will be less than the 35 foot base building height for
Adequate screening is proposed so as to blend in with the project design as
possible so as not to create a potential aesthetic impact.
2. That the site for the intended use is adequate in size and shape to accommodate 1
that no grade level site alterations are proposed.
3. That all yards, setbacks, walls, fences, landscaping, and other features necessaq
the requested use to existing or permitted future uses in the neighborhooc
provided and maintained, in that the landscaped berm along the site's
Airport Road frontage will screen the majority of the roof from view o
traveling on that roadway. The proposed equipment screens will further
views of the roof equipment in combination with the existing building para]
4. That the street systems serving the proposed use is adequate to properly handle
generated by the proposed use, in that the project will not result in the gent
additional traffic thereby not impacting the street system serving the site.
5. The Planning Commission has reviewed each of the exactions imposed on the :
contained in this resolution, and hereby finds, in this case, that the exactions arl
to mitigate impacts caused by or reasonably related to the project, and the exte
degree of the exaction is in rough proportionality to the impact caused by the pr'
PC RES0 NO. 4454 -2-
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Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all cc
and modifications to the Site Development Plan document(s) necessary to m
internally consistent and in conformity with final action on the project. De\
shall occur substantially as shown in the approved Exhibits. Any proposed de\
different from this approval, shall require an amendment to this approval.
2. The Developer shall comply with all applicable provisions of federal, state,
ordinances in effect at the time of building permit issuance.
3 The Developer/Operator shall and does hereby agree to indemnify, protect, de
hold harmless the City of Carlsbad, its Council members, officers, employees, as
representatives, from and against any and all liabilities, losses, damages, demanc
and costs, including court costs and attorney’s fees incurred by the City arising
or indirectly, from (a) City’s approval and issuance of this Site Development
City’s approval or issuance of any permit or action, whether discretionary
discretionary, in connection with the use contemplated herein,
Developer/Operator’s installation and operation of the facility permitted
including without limitation, any and all liabilities arising from the emissio
facility of electromagnetic fields or other energy waves or emissions.
4. The Developer shall provide the City with a reproducible 24” x 36”, mylar co,
Site Plan as approved by the final decision making body. The Site Plan shall rl
conditions of approval by the City. The Plan copy shall be submitted to
Engineer and approved prior to building, grading, final map, or improvem
submittal, whichever occurs first.
~ 5. The Developer shall include, as part of the plans submitted for any permit plan
reduced legible version of the approving (resolution(s)) on a 24” x 36” blueline
Said blueline drawing(s) shall also include a copy of any applicable Coastal Devl
I Permit and signed approved site plan.
6. If any condition for construction of any public improvements or facilities, or the
of any fees in-lieu thereof, imposed by this approval or imposed by law on this r(
housing project are challenged this approval shall be suspended as pro
Government Code Section 66020. If any such condition is determined to be in)
approval shall be invalid unless the City Council determines that the project wi
condition complies with all requirements of law.
7. Approval of SDP 90-05(D) is granted subject to the approval of CDP 98-34.
05(D) is subject to all conditions contained in Planning Commission Resolution I
for the CDP 98-34.
8. This project shall comply with all conditions and mitigation measures which are
as part of the approved Mitigated Negative Declaration, as contained in
Commission Resolution No. 4453 .
PC RES0 NO. 4454 -3-
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City of Carlsbad has issued a Site Development Plan Amendment and
Development Permit by Resolutions No. 4454 and 4455 on the real property I
the Developer. Said Notice of Restriction shall note the property description, I(
the file containing complete project details and all conditions of approval as w
conditions or restrictions specified for inclusion in the Notice of Restricti
Planning Director has the authority to execute and record an amendment to 1
which modifies or terminates said notice upon a showing of good cause by the I
or successor in interest.
10. The Developer shall implement, or cause the implementation of, the Costco F
HVAC Roof Units Project Mitigation Monitoring and Reporting Program.
11. Condition number (34. 4. C) of Planning Commission Resolution No.
amended to read as follows:
“Rooftop equipment screens shall have an EIFS (Dryvit) finish equivalel
manufacturer sandpebble texture and be beige in color as depicted on the
sample on file in the Planning Department. so as to blend in with the
building surface texture and color. Should the existing Site Developm
conditions allow the building or roof color to be changed, the color of the ec
screens shall also be changed to be a compatible color to the satisfactic
Planning Director.”
12. Approval of SDP 90-050) supplements the approvals of SDP 90-05, SDP S
SDP 90-05(B), and SDP 90-05(C). All conditions of approval found in 1
Commission Resolutions No. 3209. 3913, 4065, and 4143, dated April 3, 19!
3, 1996, March 19, 1997 and August 6, 1997, respectively, remain in full fc
effect except as modified herein.
General:
13. If any of the foregoing conditions fail to occur; or if they are, by their tern
implemented and maintained over time, if any of such conditions fail t
implemented and maintained according to their terms, the City shall have thc
revoke or modify all approvals herein granted; deny or further condition issual
future building permits; deny, revoke or fbrther condition all certificates of o
issued under the authority of approvals herein granted; institute and prosecute lit
compel their compliance with said conditions or seek damages for their viol;
vested rights are gained by Developer or a successor in interest by the City’s apl
this Site Development Plan Amendment.
Code Reminders
14. This approval shall become null and void if building permits are not issued
project within 2 years from the date of project approval.
15. Approval of this request shall not excuse compliance with all applicable sectio
Zoning Ordinance and all other applicable City ordinances in effect at time of
permit issuance, except as otherwise specifically provided herein.
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16. All roof appurtenances, including air conditioners, shall be architecturally intei
concealed from view and the sound buffered from adjacent properties and
substance as provided in Building Department Policy No. 80-6, to the satisfact
Directors of Community Development and Planning.
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for convc
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exa
you protest them, you must follow the protest procedure set forth in Government Coc
66020(a), and file the protest and any other required information with the City Ma
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure
follow that procedure will bar any subsequent legal action to attack, review, set aside
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor
zoning, grading or other similar application processing or service fees in connection
project; NOR DOES IT APPLY to any feedexactions of which you have previously bi
a NOTICE similar to this, or as to which the statute of limitations has previously (
expired.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 20th day of January 195
1 following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heurc
Nielsen, Noble, Savary, and Welshons
NOES:
ABSENT:
ABSTAIN:
- COURTNEY HE-rperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOYZMILL&
Planning Director
PC RES0 NO. 4454 -6-