HomeMy WebLinkAbout1999-10-20; Planning Commission; Resolution 46441
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PLANNING COMMISSION RESOLUTION NO. 4644
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL, USE PERMIT TO DEVELOP A RETAIL
GARDEN CENTER BUILDING, NURSERY YARD AND
ASSOCIATED PARKING ON PROPERTY GENERALLY
LOCATED ON THE NORTHEAST CORNER OF PALOMAR
AIRPORT ROAD AND PASEO DEL NORTE IN LOCAL
FACILITIES MANAGEMENT ZONE 13
CASE NAME: ARMSTRONG GARDEN CENTER
CASE NO. : CUP 98-20
WHEREAS, CB Ranch Enterprises, a California Cor]
“Developer”/”Owner” has filed a verified application with the City of Carlsbad :
property described as
Lot 1 of Carlsbad Tract No 94-09, Carlsbad Ranch Unit 1 per
map No. 13357, filed September 6, 1996, in the Office of the
County Recorder, as file No. 1997-147754, in the City of
Carlsbad, County of San Diego, State of California.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditi
Permit as shown on Exhibits “A” - “J” dated October 20,1999, on file in the Carlsbad
Department, ARMSTRONG GARDEN CENTER, CUP 98-20, as provided by Wi
Act Contract No. 76-1; and
WHEREAS, the Planning Commission did, on the 20th day of Octobc
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 tc
and arguments, if any, of all persons desiring to be heard, said Commission considered a
relating to the Conditional Use Permit.
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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 Co
APPROVES ARMSTRONG GARDEN CENTER, CUP 98-20, basc
following findings and subject to the following conditions:
Findings:
1. That the requested use is necessary or desirable for the development of the corn
essentially in harmony with the various elements and objectives of the General
is not detrimental to existing uses specifically permitted in the zone in v
proposed use is located, in that a retail nursery at this location will contribt
long term preservation of the Flower Fields by providing a direct rt
marketing outlet for products of the fields. The addition of a year-rounl
center nursery to the Flower Fields will improve the economic viability o
flower/bulb growing business. The requested use is in harmony with the
elements and objectives of the General Plan because it would implement I
Element policies C.l and C.4 (which promote the preservation of agricultl
generally and the Flower Fields specifically) and would not be detriment
existing Flower Fields use in that the retail nursery would enhance the Flov
operation through: the continuation of bulb growing and cut flower prod1
perpetuity (as a condition of this permit), increased flower promotion thrl
proposed artist feature garden, year round maintenance and enhanceme]
highly visible non-field areas, and enhancement of the existing parki:
landscaping and on-site structure (which will be replaced by a new structurc
2. That the site for the intended use is adequate in size and shape to accommodate
in that all applicable Carlsbad Ranch Specific Plan development anc
requirements have been met , approximately 89% (47.82 acres) of the total
be maintained in open space uses (i.e., farming, display gardens and land
and the project is parked considerably in excess of required standards.
3. That all the yards, setbacks, walls, fences, landscaping, and other features nec
adjust the requested use to existing or permitted future uses in the neighborhoo
provided and maintained, in that perimeter berming and parking lot landsca
been designed to screen parking areas except where precluded by site
requirements, adequate vehicle circulation has been provided to accon
visitor traffic and truck turning movements and access to the site will be 1:
by a 50 foot wide driveway onto Paseo del Norte. The planned circulation s
adequate to handle all traffic generated by the proposed use.
4. That the street system serving the proposed use is adequate to properly handle 2
generated by the proposed use, in that the project will generate 256 average da
(ADT) which when added to the existing and proposed projects within E
Areas 2,3 and 7 of the Carlsbad Ranch Specific Plan, the total ADT is still bl
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maximum ADT projected in the Carlsbad Ranch Specific Plan Program
these planning areas. The required circulation improvements identi
Carlsbad Ranch will therefore still be adequate to accommodate the vehi
generated by this project.
5. The Planning Commission finds that the project, as conditioned herei
conformance with the Elements of the City’s General Plan, based on the facts se
the staff report dated October 20, 1999 including, but not limited to the follc
would implement Land Use Element policies C.l and C.4 (which pror
preservation of agricultural uses generally and the Flower Fields specifically
6. The project is consistent with the City-Wide Facilities and Improvements Plan, t
Facilities Management Plan for Zone 13 and all City public facility polil
ordinances. The project includes elements or has been conditioned to con;
provide funding to ensure that all facilities and improvements regarding: sewer c
and treatment; water; drainage; circulation; fire; schools; parks and other rec
facilities; libraries; government administrative facilities; and open space, relatc
project will be installed to serve new development prior to or concurrent with nee
A. The project has been conditioned to provide proof from the Carlsbad
School District that the project has satisfied its obligation for school facili
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B. A Growth Management park fee of 40 cents per square foot
residential development will be collected at the time of building
issuance. This fee will be used to construct recreational facilities to o
demand created by employees within Zone 13.
C. The Public Facility fee is required to be paid by Council Policy No. 17 an1
collected prior to the issuance of building permit.
D. The Local Facilities Management fee for Zone 13 is required by [
Municipal Code Section 21.90.050 and will be collected prior to issl
building permit.
7. The project is consistent with the Comprehensive Land Use Plan (CLUP)
McClellan-Palomar Airport, dated April 1994, in that as conditioned the applic:
record a notice that the property is subject to overflight, sight and sound of
operating from McClellan-Palomar Airport. The project is compatible
projected noise levels of the CLUP; and, based on the noise/land use compatibili!
of the CLUP, the proposed land use is compatible with the airport, in that the pro
is within the 60 CNEL noise contour and the proposed land use is a compatil
use at this noise level.
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8. That the project is consistent with the City’s Landscape Manual (Carlsbad M
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Code Section 14.28.020 and Landscape Manual Section I B).
9. The project complies with the development standards and design guideline
Carlsbad Ranch Specific Plan (SP 207(A)).
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10. The Planning Commission has reviewed each of the exactions imposed on the 1
contained in this resolution, and hereby finds, in this case, that the exactions arc
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 prc
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to
permit issuance.
1. If any of the following conditions fail to occur; or if they are, by their ten
implemented and maintained over time, if any of such conditions fail
implemented and maintained according to their terms, the City shall have thl
revoke or modify all approvals herein granted; deny or further condition issua
future building permits; deny, revoke or Mer condition all certificates of 01
issued under the authority of approvals herein granted; institute and prosecute liti
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 ap
this (type of action, e.g. Conditional Use Permit).
2. Staff is authorized and directed to make, or require the Developer to make, all cc
and modifications to the Conditional Use Permit documents, as necessary to m
internally consistent and in conformity with the final action on the project. Dev
shall occur substantially as shown on the approved Exhibits. Any proposed devc
different fi-om this approval, shall require an amendment to this approval.
3. The Developer shall comply with all applicable provisions of federal, state, a
ordinances in effect at the time of building permit issuance.
4. 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 thi,
are challenged, this approval shall be suspended as provided in Government Codc
66020. If any such condition is determined to be invalid this approval shall b
unless the City Council determines that the project without the condition compl
all requirements of law.
5. The Developer/Operator shall and does hereby agree to indemnify, protect, dei
hold harmless the City of Carlsbad, its Council members, officers, employees, agc
representatives, fi-om and against any and all liabilities, losses, damages, demand!
and costs, including court costs and attorney’s fees incurred by the City arising,
or indirectly, fi-om (a) City’s approval and issuance of this Conditional Use Pel
City’s approval or issuance of any permit or action, whether discretionary
discretionary, in connection with the use contemplated herein, a
Developer/Operator’s installation and operation of the facility permitted
including without limitation, any and all liabilities arising from the emission
facility of electromagnetic fields or other energy waves or emissions.
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6. The Developer shall submit to the Planning Director a reproducible 24" x 31
copy of the Site Plan reflecting the conditions approved by the final decisiol
body.
7. Prior to the issuance of a building permit, the Developer shall provide pro
Director from the School District that this project has satisfied its obligation tc
school facilities.
8. This project shall comply with all conditions and mitigation measures which are
as part of the Zone 13 Local Facilities Management Plan and any amendments
that Plan prior to the issuance of building permits, including.
A. Growth Management park fee of 40 cents per square foot of non-re
development will be collected at the time of building permit issuan
fee will be used to construct recreational facilities to offset the
created by employees within Zone 13.
9. Building permits will not be issued for this project unless the local agency F
water and sewer services to the project provides written certification to the I
adequate water service and sewer facilities, respectively, are available to the projl
time of the application for the building permit, and that water and sewer cap2
facilities will continue to be available until the time of occupancy.
10. This Conditional Use Permit shall be reviewed by the Planning Director on
basis to determine if all conditions of this permit have been met and that
does not have a substantial negative effect on surrounding land uses and the
health and welfare. If the Planning Director determines that the use h
substantial negative effects or that the conditions of this permit have not bt
the Planning Director shall recommend that the Planning Commissio:
providing the permittee the opportunity to be heard, add additional condi
reduce or eliminate the substantial negative effects or recommend that the p'
revoked. This permit may be revoked at any time after a public hearing
found that the use has a substantial negative effect on surrounding land uses
public's health and welfare, or the conditions imposed herein have not been I
1 1. The Developer shall implement, or cause the implementation of, the Armstrong
Center and Project Mitigation Monitoring and Reporting Program.
12. This approval is granted subject to the approval of the Mitigated Negative Dec
and Mitigation Monitoring and Reporting Program and CDP 98-91 and is SI
all conditions contained in Planning Commission Resolution for those other app
13. The Developer shall include, as part of the plans submitted for any permit plan t
reduced legible version of all approving resolutions in a 24" x 36" blueline 1
format (including any applicable Coastal Commission approvals).
14. The Developer is aware that the City is preparing a non-residential housing im
(linkage fee) consistent with Program 4.1 of the Housing Element. The appl
further aware that the City may determine that certain non-residential projects m
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to pay a linkage fee, in order to be found consistent with the Housing Eleme
General Plan. If a linkage fee is established by City Council ordinance and/or I
and this project becomes subject to a linkage fee pursuant to said ordinanc
resolution, then the Developer, or his/her/their successor(s) in interest shall
linkage fee. The linkage fee shall be paid at the time of issuance of building
except for projects involving a request for a non-residential planned developme
existing development, in which case, the fee shall be paid on approval of the fi
parcel map or certificate of compliance, required to process the non-resident
whichever pertains. If linkage fees are required for this project, and they are not
project will not be consistent with the General Plan and approval for this prc
become null and void.
15. Prior to the issuance of a building permit, the Developer shall submit
Landscape and Irrigation Plan showing conformance with the approval Pre
Landscape Plan and the City’s Landscape Manual. Prior to Certii
Occupancy for the building, the Developer shall obtain Planning Director s
of the Final Landscape and Irrigation Plan. The Developer shall construct a1
all landscaping as shown on the approved Final Plans, and maintain all landsc?
healthy and thriving condition, free from weeds, trash, and debris.
16. The first submittal of Final Landscape and Irrigation Plans shall be pursua]
landscape plan check process on file in the Planning Department and accompanil
project’s building, improvement, and grading plans.
17. Prior to the issuance of the building permit, Developer shall submit to the City
of Restriction to be filed in the office of the County Recorder, subject to the sat
of the Planning Director, notifying all interested parties and successors in interesi
City of Carlsbad has issued a Conditional Use Permit and Coastal Deve
Permit by Resolutions No. 4644 and 4645 on the real property owned by the Dc
Said Notice of Restriction shall note the property description, location of
containing complete project details and all conditions of approval as well
conditions or restrictions specified for inclusion in the Notice of Restricti
Planning Director has the authority to execute and record an amendment to tf
which modifies or terminates said notice upon a showing of good cause by the DI
or successor in interest.
18. Prior to the issuance of building permits, the Developer shall prepare and record
that this property is subject to overflight, sight and sound of aircraft operati:
McClellan-Palomar Airport, in a form meeting the approval of the Planning Dire
the City Attorney (see Noise Form #2 on file in the Planning Department).
19. The Developer shall construct trash receptacle and recycling areas enclosed by a
high masonry wall with gates pursuant to City Engineering Standards and C
Planning Director. Enclosure shall be of similar colors and/or materials to the PI
the satisfaction of the Planning Director.
1 Municipal Code Chapter 21.105. Location of said receptacles shall be approve(
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20. Prior to building permit issuance the Developer shall submit a sol
management plan for review and approval by the Planning Director. The E
provide the following:
a) The approximate location, type and number of containers to be
collect refuse and recyclables.
b) Refuse and recyclable collection methods to be used.
c) A description and site plan for any planned on-site processing fac
equipment (balers, compactors).
d) A description of the types of recycling services to be provic
contractual relationships with vendors to provide these services.
e) The estimated quantity of waste generated and estimated quar
recyclable materials.
This plan shall also evaluate the feasibility of the following c
programs/measures:
i) Source separated green waste collection.
ii) Cardboard recycling.
21. The Developer shall submit and obtain Planning Director approval of an exteriol
plan including parking areas. All lighting shall be designed to reflect dowm
avoid any impacts on adjacent homes or property.
22. This Conditional Use Permit for a retail garden center within Planning Area
Carlsbad Ranch Specific Plan is approved subject to the condition that the
Fields” will be planted in an open field flowering crop each year and will rt
bulb growing and cut flower production in perpetuity. The Conditional Usc
for this retail garden center may be revoked at any time if this condition
been met.
23. The developer shall submit to the Planning Director evidence that tl
implement the following air quality mitigation measures:
a) Provide commuter information areas on site for visitors and employec
can include rack cards with bus schedules and routes.
Engineerinp - Conditions:
24. Prior to hauling dirt or construction material to or form any proposed construc
within this project, the developer shall submit to and receive approval from
Engineer for the proposed haul route. The developer shall comply with all condit
requirements the City Engineer may impose with regards to the hauling operation
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I1 e I1 ' 25. The developer shall install sight distance corridors at all street intersections in ac
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'"No structure, fence, wall, tree, shrub, sign, or other object over 30 incl
the street level may be placed or permitted to encroach within the area
as a sight distance corridor in accordance with City Standard Public Strel
Criteria, Section 8.B.3 The underlying property owner shall mair
condition.:
FeedAgreements
26. The developer shall pay all current fees and deposits required.
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27. The owner of the subject property shall execute an agreement holding the City
regarding drainage across the adjacent property.
28. The owner shall execute a hold harmless agreement for geologic failure.
l2 I/ Grading
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14 Water Resources Control Board.
29. Prior to the issuance of a grading permit or building permit, whichever occurs
developer shall submit proof that a Notice of Intention has been submitted to
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30. No grading for private improvements shall occur outside the limits of the projeci
grading or slope easement or agreement is obtained from the owners of the
properties and recorded. If the developer is unable to obtain the grading
easement, or agreement, no grading permit will be issued. In that case the develc
either amend the site plan or modi@ the plans so grading will not occur ou
project site in a manner which substantially conforms to the approved site
determined by the City Engineer and Planning Director.
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21 31. Additional drainage facilities will be required. Drainage structures hall be pro
installed prior to or concurrent with any grading or building permit to de-sit tk
Dedications/Improvements
22 from the agricultural fields to the satisfaction of the City Engineer.
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32. Prior to issuance of building permits, the developer shall underground all
overhead utilities along/within the project boundary.
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33. The developer shall comply with the City's requirements of the National :
Discharge Elimination System (NPDES) permit. The developer shall pro\
management practices as referenced in the "California Storm Water Best Mar
Practices Handbook" to reduce surface pollutants to an acceptable level prior to c
to sensitive areas. Plans for such improvements shall be approved by the City I
Said [plans shall include but not be limited to notifying prospective owners and tl
the following:
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A. All owners and tenants shall coordinate efforts to establish or w
established disposal programs to remove and properly dispose of t
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, IT
antifreeze, solvents, paints, paint thinners, wood preservatives, and o
fluids shall not be discharged into any street, public or private, or into stc
or storm water conveyance systems. Us and disposal of pesticides, fi.
herbicides, insecticid4es, fertilizers and other such chemical treatments E
Federal, State, County and City requirements as prescribed in their I
containers.
C. Best Management Practices shall be used to eliminate or reduce surface 1
when planning any changes to the landscaping and surface improvements
34. The structural section for the access aisles must be designed with a traffic index
accordance with City Standards due to truck access through the parking area and
with an ADT greater than 500. The structural pavement design of the aisle way
submitted together with required R-value soil test information and approved by
as part of the building site plan review.
Water
35. Prepare and submit a colored recycled water use area map and submit this m.
Planning Department for processing and approval by the District.
36. Building permits will not be issued for development of the subject property u
District serving the development has adequate water and sewer capacity availal
time development is to occur, and that such water and sewer capacity will conti]
available until time of occupancy.”
37. Water, Sewer and Irrigation laterals shall be located and shown on an improven
in accordance with City and District Standards to the satisfaction of the Del
Engineer - Utilities.
38. The Developer shall pay a landscape plan check and inspection fee as required b
20.08.050 of the Carlsbad Municipal Code.
39. The developer shall exercise special care during the construction phase of this F
prevent offsite siltation. Planting and erosion control shall be provided in ac
with the Carlsbad Municipal Code and the City Engineer.
40. The Developer shall be responsible for all fees, deposits and charges whick
collected before and/or at the time of issuance of the building permit. The Si
County Water Authority capacity charge will be collected at issuance of applic
any meter installation.
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Code Reminder
The project is subject to all applicable provisions of local ordinances, including but not 1
the following:
41. 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.
42. The project shall comply with the latest non-residential disabled access reql
pursuant to Title 24 of the State Building Code.
43. Addresses, approved by the Building Official, shall be placed on all new anc
buildings so as to be plainly visible from the street or access road; color of ider
and/or addresses shall contrast to their background color, as required by
Municipal Code Section 18.04.320.
44. Any signs proposed for this development shall at a minimum be designed in con
with the City’s Sign Ordinance and shall require review and approval of the
Director prior to installation of such signs.
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for conve
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these feedexac
you protest them, you must follow the protest procedure set forth in Government Cod
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 bl
a NOTICE similar to this, or as to which the statute of limitations has previously 1
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 October, 199
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’
Nielsen, Segall and Trigas
NOES:
ABSENT: Commissioner Welshons
ABSTAIN:
COURTNEY E. HEINEMAN, Chairperson
CAFUSBAD PLANNING COMMISSION
~ ATTEST:
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~ Planning Director
1) PC RES0 NO. 4644 -1 1-