HomeMy WebLinkAbout2004-12-15; Planning Commission; Resolution 58021
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PLANNING COMMISSION RESOLUTION NO. 5802
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT FOR THE DEVELOPMENT OF
A 34,500 SQUARE FOOT RETAIL CENTER INCLUDING A
GENERALLY LOCATED AT THE NORTHWEST CORNER OF
PALOMAR AIRPORT ROAD AND LOKER AVENUE WEST
IN LOCAL FACILITIES MANAGEMENT ZONE 5.
CASE NAME: LOKER BUSINESS CENTER
DRIVE-THRU BANK ON A 4.27-ACRE PROPERTY
CASE NO.: CUP 04-01
WHEREAS, Franz-Loker, LLC, “Developer and Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
Lot 1 of Carlsbad Tract No. 74-21, in the City of Carlsbad,
County of San Diego, State of California, according to Map
thereof No. 10372, filed in the Office of the County Recorder of
San Diego County, April 13,1982
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits “A” - “0” dated December 15, 2004, on file in the Planning
Department, LOKER BUSINESS CENTER - CUP 04-01, as provided by Chapter 21.42
and/or 2 1 SO of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of December 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 CUP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
APPROVES LOKER BUSINESS CENTER - CUP 04-01, based on the
following findings and subject to the following conditions:
Findings:
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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 proposed uses have been limited to those that are
clearly oriented to support the surrounding industrial developments and their
populations and identified on Exhibit “CUP 04-01 Use Restrictions” attached
hereto.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that all of the setback, height, parking and lot coverage standards of the Planned
Industrial Zone have been met.
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 project site design, landscape design, and
circulation design have been evaluated and determined to be sufficient to provide
compatibility with the neighboring properties and uses.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the project will generate 2,900 ADT. The
existing ADT for Palomar Airport Road is 57,000 and 49,000 for El Camino Real.
The design capacities of each road is for over 40,000 ADT, the project will represent
an increase of less than 7% of the existing gross traffic volumes. It is anticipated
that the project ADT will not be new trips but will draw significantly from existing
trips.
The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City’s General Plan based on the facts set forth in
the staff report dated December 15,2004.
The project is consistent with the Comprehensive Land Use Plan (CLUP) for the
McClellan-Palomar Airport, dated April 1994, in that as conditioned the applicant shall
record an avigation easement. The project is compatible with the projected noise levels
of the CLUP; and, based on the noise/land use compatibility matrix of the CLUP, the
proposed land use is compatible with the airport, in that the proposed land uses are
conditionally permitted within the identified noise contours and assembly uses are
prohibited.
That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
PC RES0 NO. 5802 -2-
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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:
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Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading permit or building 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 modifl 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 Conditional Use Permit.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Loker Business Center CUP 04-01 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.
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 Conditional Use Permit, (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.
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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 (including any applicable Coastal Commission approvals).
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 5 Local Facilities Management Plan and any amendments made to that
Plan prior to the’ issuance of building permits.
Prior to issuance of a grading permit the applicant shall obtain an administrative
approval of Minor Subdivision MS 04-04, a Non-Residential Planned Unit
Development, and a Planned Industrial Permit consistent with this Conditional Use
Permit CUP 04-01.
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. A note to this effect
shall be placed on the Final Parcel Map.
This approval is granted subject to the adoption of the associated Negative Declaration
and approval of Site Development Plan SDP 04-01 and is subject to all conditions
contained in Planning Commission Resolutions No. 5801 and 5803 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.
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
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
PC RES0 NO. 5802 -4-
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project will not be consistent with the General Plan and approval for this project will
become null and void.
This Conditional Use Permit shall be reviewed by the Planning Director annually to
determine if all conditions of this permit have been met and that the use does not have a
substantial negative effect on surrounding properties or the public health and welfare. If
the Planning Director determines that the use has such Substantial negative effects, the
Planning Director shall recommend that the Planning Commission, after providing the
permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
Substantial negative effects.
This Conditional Use Permit is granted for a period of ten (10) years from December 15,
2004 to and including December 14, 2014. This permit may be revoked at any time
after a public hearing, if it is found that the use has a Substantial detrimental effect on
surrounding land uses and the public’s health and welfare, or the conditions imposed
herein have not been met. This permit may be extended for a reasonable period of time
not to exceed 5 years upon written application of the permittee made no less than 90 days
prior to the expiration date. The Planning Commission may not grant such extension,
unless it finds that there are no Substantial negative effects on surrounding land uses or
the public’s health and welfare. If a substantial negative effect on surrounding land uses
or the public’s health and welfare is found, the extension shall be denied or granted with
conditions which will eliminate or substantially reduce such effects. There is no limit to
the number of extensions the Planning Commission may grant.
Developer shall report, in writing, to the Planning Director within 30 days, any address
change from that which is shown on the permit application.
The Planning Director may impose individual tenant conditions. Imposition of such
conditions may be appealed to the Planning Commission.
Exhibit titled “CUP 04-01 Use Restrictions” attached hereto shall specifically
constitute the allowed uses for the project. Amendments in the form of additions to
the approved uses exhibit shall require approval by the Planning Commission of an
amendment to this Conditional Use Permit CUP 04-01.
A minimum of 30 days prior to the issuance of a building permit, developer shall
submit an FAA Form 7460-1, Notice of Proposed Construction or Alteration, to the
Manager, Air Traffic Division, of the North San Diego County FAA Regional Office.
No main or accessory portion of any building shall exceed an elevation above sea
level as determined by the FAA under the guidelines of Federal Aviation Regulation
Part 77.
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
Conditional Use Permit by Resolution No. 5802 on the property. Said Notice of
Restriction shall note the property description, location of the file containing complete
PC RES0 NO. 5802 -5-
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project details, list of approved uses and prohibited uses, 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.
Prior to issuance of building permits, the Developer shall record an Avigation Easement
for the property to the County of San Diego and file a copy of the recorded document
with the Planning Director.
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.
Developer shall provide bus stops to service this development at locations and with
reasonable facilities to the satisfaction of the North County Transit District and the
Planning Director. Said facilities, if required, shall be free from advertising and shall
include at a minimum include a bench and a pole for the bus stop sign. The facilities
shall be designed to enhance or be consistent with basic architectural theme of the project.
All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.
Developer shall construct trash receptacle and recycling areas enclosed by a six-foot high
masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal
Code Chapter 21.105. Location of said receptacles shall be approved by the Planning
Director. Enclosure shall be of similar colors and/or materials to the project to the
satisfaction of the Planning Director.
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.
Developer shall submit and obtain Planning Director approval of an exterior lighting plan
including parking areas and wall mounted exterior lights. All lighting shall be designed
to reflect downward and avoid any impacts on adjacent property.
Prior to installation of any commercial signage on the property, the developer shall
submit for and receive approval of a project sign program and obtain a sign permit
for any sign consistent with the approved sign program.
Developer shall construct, install and stripe not less than 189 parking spaces, as shown on
Exhibit “H.”
PC RES0 NO. 5802 -6-
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32.
Fire
Developer shall pay the Zone 5 park-in-lieu fee prior to issuance of a building
permit. -
33. All structures shall be constructed with an automatic sprinkler system approved by
the Carlsbad Fire Department.
Code Reminders
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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.
Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
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.
Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
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
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 feedexactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PC RES0 NO. 5802 -7-
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Commission
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
€the City of Carlsbad, California, held on the 15th day of December 2004 by the
following vote, to wit:
AYES: Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Segall
NOES:
ABSENT:
ABSTAIN:
ARLSBAD PLANNING COMMISSIO
ATTEST:
MICHAEL J. HOBMILLER
Planning Director
PC RES0 NO. 5802 -8-
CUP 04-01 Use Restrictions
Commercial uses are allowed within the Planned Industrial zone and within the Carlsbad Airport
Business Center (SP 200B) as Auxiliary Uses that are retail uses limited to the sales of goods and
services required for the convenience of the occupants of the Planned Industrial zone. Any such
use is required to be approved with a Conditional Use Permit. Conditional Use Permit CUP 04-
01 was approved by the Planning Commission on December 15, 2004 by Planning Commission
Resolution No. 5802 with the inclusion of a list of allowed commercial uses. They are as
follows:
Private Postal Service
Wireless Communications Store
Food Service
e.g. Restaurant, Sandwiches, Coffee Shop, Juice Bar, etc.
excludes dnve-through facilities
Blueprint, Copying, and/or Printing Service
Office Products and Supplies
Full Service Bank and Credit Union
Office and Industrial Support Service
Satellite Laundry Service
Barber Shop
Beauty Salon
Florist
Travel Agency
e.g. Janitorial, Staffing, Maintenance, etc.
PROHIBITED USES:
Because of the assembly nature of the following uses and the location of the site within the
approach to the airport, they are specifically prohibited.
Hotel
Motel
Childcare Center
Athletic Club
Gym Public and Private School