HomeMy WebLinkAbout2004-10-20; Planning Commission; Resolution 57471
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PLANNING COMMISSION RESOLUTION NO. 5747
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
ALLOW THE EXPANSION OF THE GIA CAMPUS PARKING
LOT LOCATED ON THE NORTHERNMOST PARCEL
(PHASE 11) OF PLANNING AREA 1 OF THE CAKSBAD
RANCH SPECIFIC PLAN ON PROPERTY GENERALLY
LOCATED ON THE SOUTH SIDE OF CANNON ROAD, EAST
OF PLANNING AREA 8 OF THE CARLSBAD RANCH
SPECIFIC PLAN, WEST OF ARMADA DRIVE AND
LEGOLAND DRIVE, AND NORTH OF THE EXISTING GIA
CAMPUS WITHIN LOCAL FACILITIES MANAGEMENT
ZONE 13.
CASE NAME:
DEVELOPMENT PLAN AMENDMENT SDP 94-06(B) TO
GIA PARKING LOT EXPANSION
CASE NO.: SDP 94-06(B)
WHEREAS, Gemological Institute of America, Inc., “Developer/Owner,” has
filed a verified application with the City of Carlsbad regarding property described as
Lot 4 of Carlsbad Tract No. 94-09 (Carlsbad Ranch Unit l), in
the City of Carlsbad, County of San Diego, State of California,
according to map thereof No. 13357, filed in the office of the
County Recorder of San Diego County, September 11,1996
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan Amendment as shown on Exhibits “A” - “H’ dated October 20, 2004, on file in the
Carlsbad Planning Department, GIA PARKING LOT EXPANSION - SDP 94-06(B) as
provided by Chapter 21.06 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 20th day of October 2004,
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 SDP Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES GIA PARKING LOT EXPANSION - SDP 94-06(B) based on
the following findings and subject to the following conditions:
Findings:
1.
2.
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5.
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 proposed parking lot expansion complies with the
requirements of the Carlsbad Ranch Specific Plan which was found to be consistent
with the various elements and objectives of the General Plan. The proposed use is
permitted by the Carlsbad Ranch Specific Plan. No adverse impacts on-site or on
surrounding properties are expected to occur, based on the proposed use which is
an expansion of existing parking for the GIA educational campus. Landscaping,
increased setbacks, and a grade differential are incorporated into the design to
reduce any adverse visual impacts from Cannon Road.
That the site for the intended use is adequate in size and shape to accommodate the use,
in that the project complies with all City policies and standards including the
Carlsbad Ranch Specific Plan and underlying 0-Q/P-M-Q Zone.
That all 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 project is consistent with the design criteria of
the Carlsbad Ranch Specific Plan. Varying setbacks have been provided to reduce
the visual impact of the proposed expansion. Adequate vehicle circulation is
provided on-site.
That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the subject site has two existing access points
from Armada Drive and Legoland Drive. The proposed parking expansion will not
have any additional direct access to public streets.
The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 13 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 s’erve new development prior to or concurrent with need.
Specifically,
a. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
will be collected prior to issuance of building permits.
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b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
6. The Planning Director has determined that
a. the project is a subsequent activity of the Carlsbad Ranch Specific Plan for
which a program EIR 94-01 was prepared, and a notice for the activity has been
given, which includes statements that this activity is within the scope of the
program approved earlier, and that the program EIR adequately describes the
activity for the purposes of CEQA;
b. this project is consistent with the Carlsbad Ranch Specific Plan cited above;
c. EIR 94-01 was certified in connection with the prior project or plan;
d. the project has no new significant environmental effect not analyzed as significant
in the prior EIR; and
e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR
under CEQA Guidelines Sections 15 162 or 15 163 exist.
7. 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 the issuance of
a grading 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 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 Site Development Plan
Amendment.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Development 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.
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3.
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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.
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
Amendment, and (b) City’s approval or issuance of any permit or action, whether
discretionary or non-discretionary, in connection with the use contemplated herein. This
obligation survives until all legal proceedings have been concluded and continues even if
the City’s approval is not validated.
Developer shall submit to the Planning Department a reproducible 24” x 36” mylar
copy of the Site Plan reflecting the conditions approved by the final decision making
body.
This approval is granted subject to the approval of the CDP 04-44 and is subject to all
conditions contained in Planning Commission Resolution No. 5748 for that other
approval.
The project is subject to all applicable conditions of approval of SDP 94-06,
Planning Commission Resolution No. 3725, incorporated by reference herein.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 13 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
This approval shall become null and void if garding permits are not issued for this project
within 24 months from the date of project approval.
Developer shall submit and obtain Planning Director approval of an exterior lighting plan
including parking areas. All lighting shall be designed to reflect downward and avoid
any impacts on adjacent property. Lighting fixtures shall be a maximum of 30 feet in
height.
The Developer is aware that the City is preparing a non-residential housing impact fee
(linkage fee) consistent with Program 4.1 of the Housing Element. The applicant is
further aware that the City may determine that certain non-residential projects may have
to pay a linkage fee, in order to be found consistent with the Housing Element of the
General Plan. If a linkage fee is established by City Council ordinance and/or resolution
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13.
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...
and this project becomes subject to a linkage fee pursuant to said ordinance and/or
resolution, then the Developer, or his/her/their successor(s) in interest shall pay the
linkage fee. The linkage fee shall be paid at the time of issuance of building permits,
except for projects involving a request for a non-residential planned development for an
existing development, in which case, the fee shall be paid on approval of the final map,
parcel map or certificate of compliance, required to process the non-residential PUD,
whichever pertains. If linkage fees are required for this project, and they are not paid,
this project will not be consistent with the General Plan and approval for this project will
become null and void.
Prior to the issuance of grading permit, 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 Site Development Plan Amendment and Coastal
Development Permit by Resolutions No. 5747 and 5748 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.
Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 13, pursuant to Chapter 21.90. All such
taxedfees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
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 Final Landscape and Irrigation plan shall provide
screening of the tractor path and parking lot with landscaping material to the
satisfaction of the Planning Director along Cannon Road. Developer shall construct
and install all landscaping as shown on the approved Final Plans, and maintain all
landscaping in a healthy and thriving condition, fiee 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.
No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
When so required, the Developer shall submit and obtain approval of the Fire Chief and
the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
approved plan.
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Engineering
General
18. 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.
19. Developer shall submit to the City Engineer a reproducible 24” x 36” mylar copy of the
site plan and approved conceptual grading plan reflecting the conditions approved by
the final decision making body. The reproducible shall be submitted to the City engineer,
reviewed and, if acceptable, signed by the City’s project engineer and project planner
prior to submittal of the building plans or grading plans, whichever occurs first. The
digital file copy shall be submitted in a format as approved by the City Engineer.
20. 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 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.
21. Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a “Storm Water Pollution Prevention Plan
(S WPPP).” The SWPPP shall be in compliance with current requirements and provisions
established by the San Diego Region of the California Regional Water Quality Control
Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce
to the maximum extent practicable storm water pollutant runoff during construction of
the project. At a minimum, the SWPPP shall:
a. include all content as established by the California Regional Water Quality
Control Board requirements;
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b.
c.
include the receipt of “Notice of Intent” issued by the California Regional Water
Quality Control Board;
recommend source control and treatment control Best Management Practices
(BMPs) that will be implemented with this project to avoid contact or filter said
pollutants from storm water to the maximum extent practicable before discharging
to City right-of-way or natural drainage course; and
establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to employee education on the proper
procedures for handling clean up and disposal of pollutants.
d.
22. Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a “Storm Water Management Plan (SWMP).”
The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of
the California Regional Water Quality Control Board and City of Carlsbad Municipal
Code. The SWMP shall address measures to avoid contact or filter said pollutants from
storm water, to the maximum extent practicable, for the post-construction stage of the
project. At a minimum, the SWMP shall:
a.
b.
c.
identify existing and post-development on-site pollutants-of-concern;
identify the hydrologic unit this project contributes to and impaired water bodies
that could be impacted by this project;
recommend source controls and treatment controls that will be implemented with
this project to avoid contact or filter said pollutants from storm water to the
maximum extent practicable before discharging to City right-of-way;
establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to employee education on the proper
procedures for handling clean up and disposal of pollutants;
ensure long-term maintenance of all post construct BMPs in perpetuity; and
identify how post-development runoff rates and velocities from the site will not
exceed the pre-development runoff rates and velocities to the maximum extent
practicable.
d.
e.
f.
23. Developer shall cause owner to submit for and obtain approval of a Lot Line
Adjustment, as depicted on the conceptual grading plans, to the satisfaction of the
City Engineer.
FeedAgreements
24. Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City’s standard form Drainage Hold Harmless Agreement regarding
drainage across the adjacent property.
Grading
25. Prior to the issuance of a grading permit or building permit, whichever occurs first,
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.
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26.
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No grading for private improvements shall occur outside the limits of this approval unless
Developer obtains, records and submits a recorded copy to the City Engineer a grading or
slope easement or agreement from the owners of the affected properties. If required, a
recorded slope easement shall be provided to the satisfaction of the City Engineer.
Based upon a review of the proposed grading and the grading quantities shown on the
Conceptual Grading Plan, a grading permit for this project is required. Developer shall
apply for and obtain a grading permit from the City Engineer.
This project will require an off-site private storm drain easement for the benefit of
Lot 4 of Map No. 13357. Developer shall provide evidence of said easement to the
satisfaction of the City Engineer.
Code Reminder
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
29. 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.
NOTICE
Please take NOTICE that the approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
“feedexac tions. ’’
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
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 feedexactions
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.
...
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 20th day of October 2004, by the
following vote, to wit:
AYES: Chairperson Whitton, Commissioners Baker, Dominguez,
Heineman, Montgomery, and Segall
NOES:
ABSENT: Commissioner Cardosa
ABSTAIN: *--
H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. H~LZMIYLER
Planning Director
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