HomeMy WebLinkAbout2003-12-17; Planning Commission; Resolution 55281
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PLANNING COMMISSION RESOLUTION NO. 5528
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE
OF AN 89,200 SQUARE FOOT NEIGHBORHOOD RETAIL
SHOPPING CENTER ON 7.6 ACRES ON PROPERTY
GENERALLYLOCATEDATTHESOUTHEASTCORNEROF
CAMINO DE LOS COCHES AND RANCHO SANTA FE ROAD
IN LOCAL FACILITIES MANAGEMENT ZONE 1 1.
CASE NAME: LOS COCHES VILLAGE
DEVELOPMENT PLAN SDP 02-08 FOR THE DEVELOPMENT
CASE NO.: SDP 02-08
WHEREAS, C. W. Clark, Inc., “Developer,” has filed a verified application with
the City of Carlsbad regarding property owned by Metro Center North, LLC and C-D Scripps,
LLC, “Owner,” described as
Parcel 1 of Parcel Map No. 13970, in the City of Carlsbad,
County of San Diego, State of California, filed in the office of
the County Recorder of San Diego County, September 25,1985
as File No. 85-355261 of Official Records.
(‘the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan as shown on Exhibits “A” - “S” dated December 17, 2003, on file in the Planning
Department, LOS COCHES VILLAGE SDP 02-08 as provided by Chapter 21.06/Section
21.53.120 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of December, 2003,
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 all persons desiring to be heard, said Commission considered all factors
relating to the Site Development Plan.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the pub ic hearing, the Planning
Commission APPROVES LOS COCHES VILLAGE SDP 02-08 based on the
following findings and subject to the following conditions:
Findinps:
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That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan, will
not be detrimental to existing uses or to uses specifically permitted in the area in which
the proposed use is to be located, and will not adversely impact the site, surroundings or
traffic circulation, in that the site: has been graded per previous approvals and does
not include any significant natural habitat; is designated for neighborhood
commercial development in the La Costa Master Plan; is designated for Local
Shopping Center (L) in the General Plan; is separated from residential development
by a significantly sized open space lot to the southeast, Rancho Santa Fe Road to the
west and Camino de 10s Coches to the north; and has two points of access.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that all of the required building setbacks have been met since there are no setback
requirements and the buildings are set back from the public rights-of-way, all of the
required 388 onsite parking spaces have been provided, and adequate access has
been provided for the site from both Camino de 10s Coches and Rancho Santa Fe
Road.
That the height of the sloped roof element does not provide additional usable floor
area; is not needed to accommodate or screen roof mounted equipment since the
building’s necessary equipment will be ground mounted; will not adversely affect
adjacent properties since there is a more than a 120 foot distance from the building
to any surrounding residential property; and the sloped roof element adds a
significant architectural element since the creates the illusion that the building does
not have a flat roof and is more consistent with the craftsman architectural style
than a flat roof.
That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
the requested use to existing or permitted fbture uses in the neighborhood will be
provided and maintained, in that no special provisions are required to adjust the
project to existing or permitted future uses.
That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that Rancho Santa Fe Road is constructed to Prime
Arterial standards which can accommodate more than 40,000 Average Daily Trips
and Camino de 10s Coches is constructed to Secondary Arterial standards which can
accommodate between 10,000 and 20,000 Average Daily Trips whereas the project is
expected to generate 8,140 Average Daily Trips, the majority of which is drive by
traffic already using these streets to get to similar services.
PC RES0 NO. 5528 -2-
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6. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
7. The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City’s General Plan and La Costa Master Plan
based on the facts set forth in the staff report dated December 17,2003 including, but not
limited to the following: The site is designated as a neighborhood commercial site in
the La Costa Master Plan and will provide neighborhood commercial services
consistent with those listed in the General Plan as appropriate for the General Plan
Local Shopping Center (L) land use designation.
8. 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 issuance of a
building permit.
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 modi@ all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or hrther 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 Site Development Plan.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Development Plan 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 provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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.
PC RES0 NO. 5528 -3-
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5.
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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 Site Development Plan, (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. This obligation survives until
all legal proceedings have been concluded and continues even if the City’s approval is not
validated.
Prior to the issuance of building permits, 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, notifjmg all interested parties and successors in interest that the
City of Carlsbad has issued a(n) Site Development Plan by Resolution(s) No. 5528 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
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.
Developer shall submit to the Planning Director a reproducible 24” x 36” mylar copy of
the Site Plan reflecting the conditions approved by the final decision making body.
Developer shall include, as part of the plans submitted for any permit plan check, a
reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing
format.
Developer shall implement, or cause the implementation of, the Los Coches Village
Project Mitigation Monitoring and Reporting Program
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. 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 plan shall not include non-native
invasive plant species.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Encinitas Union Elementary and San Dieguito Unified High School
Districts that this project has satisfied its obligation to provide school facilities.
This project shall comply with all conditions and mitigation measures required as part of
the Zone 11 Local Facilities Management Plan and any amendments made to that Plan
prior to the issuance of building permits.
PC RES0 NO. 5528 -4-
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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.
Prior to the issuance of building permits, developer shall submit and obtain
Planning Director approval of an exterior lighting plan including parking areas. All
onsite lighting including wall lights, parking lot lights, light bollards, and pedestrian
pathway lights shall be of a design to compliment the overall character of the center
and shall be designed to reflect downward and avoid any impacts on adjacent homes
or property.
This approval is granted subject to the approval of SUP 03-07 and is subject to all
conditions contained in Planning Commission Resolution No. 5529 for those other
approvals incorporated herein by reference.
Developer shall construct, install and stripe not less than 388 parking spaces, as shown on
the approved exhibits. Prior to issuance of building permits for tenant improvements,
all tenants must provide evidence that there are sufficient onsite parking spaces, as
required for individual uses established in Chapter 21.44 (parking) of the Carlsbad
Municipal Code, available to them. A note to this effect shall be paced on the site
plan.
This approval is subject to approval of MS 02-08 and PUD 02-07 and subject to all
conditions of MS 02-08, and PUD 02-07 contained in the administrative letters of
approval for those other approvals incorporated herein by reference.
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.
Prior to issuance of a grading permit, developer shall cause a standard protocol
survey to be conducted on the adjoining open space property to determine if there
are endangered bird species present. If endangered bird species are found in the
open space, appropriate protection actions as recommended in the survey and
approved by the Planning Director shall be taken.
Roof equipment and appurtenances shall be painted an earthtone color that is
compatible with the color scheme of the shopping center.
Deliveries shall be limited to the hours between 7:OO a.m. and 1O:OO p.m. daily.
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.”
...
PC RES0 NO. 5528 -5-
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You have 90 days from date of final approval to protest imposition of these feedexactions. 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 the 17th day of December 2003, by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Heineman, Montgomery,
Segall, and White
NOES: None
ABSENT: Commissioners Whitton and Dominguez
ABSTAIN: None @a
AN"G COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5528 -6-