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HomeMy WebLinkAbout2001-06-20; Planning Commission; Resolution 50031 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A PRECISE PLAN AMENDMENT TO ALLOW THE RELOCATION OF THE EXISTING NORTH COUNTY TRANSIT DISTRICT BUS TRANSFER FACILITY WITHIN THE SHOPPING CENTER PARKING AREA ON PROPERTY GENERALLYLOCATEDATTHENORTHEASTCORNEROF MARRON ROAD AND MONROE STREET IN LOCAL FACILITIES MANAGEMENT ZONE 20 CASE NAME: PLAZA CAMINO REAL BUS TRANSFER FACILITY RELOCATION CASE NO.: PP 24(J) WHEREAS, Westfield Corporation, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by City of Carlsbad, “Owner,” described as Lot 27 of Carlsbad Tract No. 76-18, according to Map No. 8956, filed in the Office of County Recorder in the County of San Diego on August 11,1978, in the City of Carlsbad, County of San Diego, State of California (“the Property”); and WHEREAS, on August 2, 1977, the City Council of the City of Carlsbad approved PP 24, as described and conditioned in Planning Commission Resolution No. 1386 and City Council Resolution No. 5166; and amended PP 24, from time to time, most recently for PP 24(F) on June 7, 1994, as described and conditioned in Planning Commission Resolution No. 3640 and City Council Resolution No. 94-153. WHEREAS, said verified application constitutes a request for a Precise Plan Amendment as shown on Exhibits “A” - “H” dated June 20, 2001, on file in the Carlsbad Planning Department, PLAZA CAMINO REAL BUS TRANSFER FACILITY RELOCATION - PP 24(J), as provided by Precise Plan PP 24; and WHEREAS, the Planning Commission did, on the 20th day of June 2001, hold a duly noticed public hearing as prescribed by law to consider said request; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Precise Plan Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of PLAZA CAMINO REAL BUS TRANSFER FACILITY RELOCATION, based on the following findings and subject to the following conditions: Findinps: 1. 2. 3. 4. 5. That the requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the General Plan, and is not detrimental to existing uses specifically permitted in the zone in which the proposed use is located, in that the design of the bus transfer facility allows for safe ingress and egress from the public street, provides for pedestrian access to the mall, includes lighting and landscaping, and is in an underutilized portion of the mall parking area. That the site for the intended use is adequate in size and shape to accommodate the use, in that 2.29 acre area used for the bus transfer facility is in an underutilized portion of the mall parking area and the conversion of 151 parking spaces for the transfer station still leaves 1,246 extra parking spaces within the mall parking area. That all the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the proposed bus transfer facility requires no encroachment into existing landscaping, is situated away from the primary parking areas of the mall parking lot, and includes safety lighting. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the site is accessed by Marron Road and Monroe Road, both Secondary Arterials with a maximum traffic capacity of 20,000 average daily trips (ADT). That the Planning Director 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 15304 (Minor Alteration of Land) of the state CEQA Guidelines. In making this determination, the Planning PC RESO NO. 5003 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 6. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 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. 7. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). Conditions: Note: 1. 2. 3. 4. 5. Unless otherwise specified herein, all conditions shall be satisfied prior to building permit or grading permit, whichever occurs first. 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; 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 Precise Plan Amendment. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Precise Plan Amendment 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. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 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. The 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 PC RESO NO. 5003 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. 7. 8. 9. 10. 11. 12. or indirectly, from (a) City’s approval and issuance of this Precise Plan Amendment, (b) City’s approval or issuance of any permit or action, whether discretionary or non- discretionary, 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. The Developer shall submit to Planning Department a reproducible 24” x 36”, mylar copy of the Site Plan reflecting the conditions approved by the final decision making body. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 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 facilities will continue to be available until the time of occupancy. The Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. The Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project’s building, improvement, and grading plans. Prior to the issuance of the grading permit or building permit, whichever occurs first, 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 Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Precise Plan Amendment by Resolution No. 5003 on the real property owned by the Developer. 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 Planning Director 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. PC RFSO NO. 5003 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13. The developer shall construct and/or cover the proposed bus benches and shelters with material that precludes the placement of graffiti. No commercial advertising or non-commercial signage may be placed upon the bus benches or shelters. Engineerinp Conditions: Note: 14. 15. 16. 17. 18. 19. 20. Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed precise plan amendment, must be met prior to approval of a grading permit. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. Developer shall implement 330 foot sight distance corridors, in conformance with City Standards and as indicated on Exhibits “C” and “H” dated June 20, 2001. These sight distance corridors shall be shown on the final grading, improvement and landscape plans for the project. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer proof that a Notice of Intention for the start of work has been submitted to the State Water Resources Control Board. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a grading permit for this project is required. Developer shall apply for and obtain a grading permit from the City Engineer prior to issuance of a building permit for the project. Since a Grading Permit is required, all grading activities shall be planned in units that can be completed by October 1st. Grading activities shall be limited to the “dry season”, April 1st to October 1st of each year. Grading activities may be extended to November 15th upon written approval of the City Engineer, obtained in advance, and only if all erosion control measures are in place by October 1 st. Developer shall provide the design of all streets/drive aisles and drainage systems to the satisfaction of the City Engineer. The structural section of all streets/drive aisles shall conform to City of Carlsbad Standards and be based on R-value tests to accommodate increased loads to street/drive aisle structural sections due to bus traffic (see Exhibit “G”, dated June 20, 2001). All private streets/drive aisles and drainage systems shall be inspected by the City. Developer shall pay the standard improvement plancheck and inspection fees. Developer shall execute and record a City Standard Development Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the site plan to City Standards and to the satisfaction of the City Engineer. Improvements shall be constructed within 18 months of approval of the Development Improvement Agreement or such other time as provided in said Agreement. PC RESO NO. 5003 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21. 22. Developer shall have the entire drainage system designed, submitted to and approved by the City Engineer, to ensure that runoff resulting from lo-year frequency storms of 6 hours and 24 hours duration under developed conditions, are equal to or less than the runoff from a storm of the same frequency and duration under existing developed conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. Developer shall comply with the City’s requirements of the National Pollutant Discharge Elimination System (NPDES) permit. Developer shall provide improvements constructed pursuant to Best Management Practices (BMP) as referenced in the “California Storm Water Best Management Practices Handbook” to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: A. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. D. Prior to the issuance of grading permit, the applicant shall submit for City approval a “Storm Water Pollution Prevention Plan (SWPPP).” The SWPPP shall be in compliance with current requirements and provisions established by the San Diego Regional Water Quality Control Board. The SWPPP shall address measures to reduce to the maximum extent possible storm water pollutant runoff at both construction and post-construction phases of the project. At a minimum, the Plan shall: 1) 2) 3) Identify existing and post-development on-site pollutants. Recommend source control Best Management Practices (BMPs) to filter said pollutants. Establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to employee and customer education on the proper procedures for handling clean up and disposal of pollutants. 4) Ensure long-term maintenance of all post construction BMPs in perpetuity. PC RESO NO. 5003 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 23. 24. 5) Identify how post-development runoff rates and velocities from the site will not exceed the pre-development runoff rates and velocities for a lo-year, 6-hour storm event. If maintaining post-development rates at pre-development levels cannot be achieved, adequate justification subject to the City Engineer’s approval must be provided. Developer shall install an oil/water separator as shown on site plan sheet C-2, prior to issuance of a building permit. If the existing 12-inch water line has to be relocated or lowered to achieve a minimum 12 inch clearance from existing and proposed facilities (e.g., proposed storm drain as shown on site plan sheet C-2), the Developer shall design and construct the water line to the satisfaction of the Deputy City Engineer - Utilities, and City Engineer. 25. If the existing 12-inch CMWD water line remains in its existing location, or is lowered, then the Developer shall process an Encroachment Agreement for this water line/easement encroachment, prior to issuance of a building permit. Code Reminders: The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 26. 27. 28. 29. 30. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. 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. The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. The Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 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. 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 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 PC RESO NO. 5003 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 20th day of June 2001 by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Heineman, Nielsen, and Trigas NOES: ABSENT: Commissioners Compas and L’Heureux ABSTAIN: JEFFRE N. SEGALL, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RESO NO. 5003 -8-