HomeMy WebLinkAbout2005-06-01; Planning Commission; Resolution 59051
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PLANNING COMMISSION RESOLUTION NO. 5905
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW
THE CONSTRUCTION AND OPERATION OF A 3,000
SQUARE FOOT COMMERCIAL BUILDING CONTAINING
1,000 SQUARE FEET OF RET AIL SPACE AND 2,000 SQUARE
FEET OF FOOD SERVICE SPACE LOCATED WITHIN THE
POINSETTIA VILLAGE SHOPPING CENTER, ON THE EAST
SIDE OF A VENIDA ENCINAS BETWEEN POINSETTIA LANE
AND LOGANBERRY DRIVE IN LOCAL FACILITIES
MANAGEMENT ZONE 9.
CASE NAME: POINSETTIA VILLAGE PAD 4
CASE NO.: CUP 04-28
WHEREAS, Donahue Schriber Realty Group, L.P., "Developer/Owner," has
filed a verified application with the City of Carlsbad regarding property described as
Parcels 2,4,6 and 9 through 12, inclusive of Parcel Map No.
15187, in the City of Carlsbad, County of San Diego, State of
California, filed in the office of the County Recorder of San
Diego County, March 28, 1988
("the Property"); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits "A"-"D" dated June 1, 2005, on file in the Planning Department,
POINSETTIA VILLAGE PAD 4-CUP 04-28, as provided by Chapter 21.42 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on the 1st day of June 2005, 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 ofthe 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 public hearing, the Commission
RECOMMENDS APPROVAL of POINSETTIA VILLAGE PAD 4 -CUP
04-28, based on the following findings and subject to the following conditions:
Findings:
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 proposed use of retail and food service provides
needed commercial services and convenience for customers; is consistent with the
Local Shopping Center land use designation and the General Commercial, Qualified
Development Overlay and Commercial/Visitor-Serving Overlay Zoning
designations; and the proposed architecture is consistent with the existing buildings
within the Poinsettia Village shopping center.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the site is adequate to accommodate the proposed 3,000 square foot building
and additional parking.
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 project meets all applicable setbacks,
height requirements, landscaping and parking requirement.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the project would generate approximately 1,856
average daily trips which was anticipated with the original shopping center Site
Development Plan approval.
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 June 1, 2005, including, but not limited to the following:
A.)
B)
C)
Land Use -The site is designated for Travel/Recreation Commercial and
Local Shopping Center (TRIL) and the proposed 3,000 square foot
commercial building of retail and food service is consistent with the Local
Shopping Center designation.
Circulation -The project includes the necessary parking spaces, parking lot
circulation, and landscaping improvements.
Public Safety -The proposed building complies with all applicable building
codes, including the seismic standards of the UBC and State building
requirements.
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6.
7.
8.
9.
10.
11.
12.
The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 9 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.
Specifically,
a.
b.
The project has been conditioned to provide proof from the Carlsbad Unified
School District that the project has satisfied its obligation for school facilities.
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.
That the proposed project is adequately designed to accommodate the high percentage of
visitor, tourist and shuttle bus/alternative transportation users anticipated given the
proposed use and site location within the overlay zone.
That the building forms, building colors and building materials combine to provide an
architectural style of development that will add to the objective of high quality
architecture and building design within the overlay zone.
That the project complies with all development and design criteria of the overlay zone.
That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
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 15303-New Construction
of Small Structures of the state CEQA Guidelines. In making this determination, the
Planning Director has found that the exceptions listed in Section 15300.2 of the state
CEQA Guidelines do not apply to this project.
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
grading permit or building permit, whichever occurs first.
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
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2.
3.
4.
5.
6.
7.
8.
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 Conditional Use Permit.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use Permit 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 issu~ce ofthis 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.
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 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 9 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
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9.
10.
11.
12.
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14.
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.
If, at any time, the City Council, Planning Commission or Planning Director determine
that there has been, or may be, a violation of the findings or conditions of this conditional
use permit, or of the Municipal Code regulations, a public hearing may be held before the
City Council to review this permit. At said hearing, the City Council may add additional
conditions, recommend additional enforcement actions, or revoke the permit entirely, as
necessary to ensure compliance with the Municipal Code and the intent and purposes of
the CommercialNisitor-Serving Overlay Zone, and to provide for the health, safety and
general welfare ofthe City.
This Conditional Use Permit is granted for a period of ten (10) years from June 1, 2005
through June 1, 2015. 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 ten (10) years upon
written application of the permittee made no less than 90 days prior to the expiration date.
The City Council 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 City
Council may grant.
This approval is granted subject to the approval of SDP 82-03(E) and CDP 04-39 and is
subject to all conditions contained in Planning Commission Resolutions No. 5906 and
5907 for those other approvals incorporated herein by reference.
All construction activities shall be planned so that grading will occur in units that can be
easily completed within the summer construction season. All grading operations shall be
limited to April 1 to October 1 of each year. All areas disturbed by grading shall be
planted within 60 days of initial disturbance and prior to October 1 with temporary or
permanent (in the case of finished slopes) erosion control methods. The October 1
grading season deadline may be extended with the approval of the City Engineer subject
to implementation by October 1 of erosion control measures designed to prohibit
discharge of sediments offsite during and after the grading operation is completed.
Extensions beyond November 15 may be allowed in areas of very low risk of impact to
sensitive coastal resources and may be approved either as part of the original coastal
development permit or as a formal amendment to an existing coastal development permit.
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
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15.
16.
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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
project will not be consistent with the General Plan and approval for this project will
become null and 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. 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 Landscape Plan shall be revised to
include planting to screen the pedestrian doors facing Avenida Encinas.
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.
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 report, in writing, to the Planning Director within 30 days, any address
change from that which is shown on the permit application.
Prior to the issuance of the grading 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
Conditional Use Permit, Site Development Plan Amendment, and Coastal
Development Permit by Resolutions No. 5905, 5906 and 5907 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.
20. 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.
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21. 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.
Engineering:
22.
23.
24.
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.
Prior to issuance of any building permit, Developer shall comply with the requirements of
the City's anti-graffiti program for wall treatments if and when such a program is
formally established by the City.
Developer shall install sight distance corridors at all street intersections in accordance
with Engineering Standards.
Fees/ Agreements
25.
26.
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.
Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer to the annexation of the area
shown within the boundaries of the subdivision into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1 and/or to the formation or annexation into an
additional Street Lighting and Landscaping District. Said written consent shall be
on a form provided by the City Engineer.
Grading
27. 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. Relocation
of the existing fire hydrant can be designed, secured, and permitted with the
projects grading plans and permits.
24 Dedications/Improvements
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28. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or
other appropriate entities for all public streets and other easements shown on the site plan.
The offer shall be made by a separate recorded document. All land so offered shall be
offered free and clear of all liens and encumbrances and without cost. Streets that already
public are not required to be rededicated.
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29.
30.
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.
B.
C.
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.
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.
Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
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.
d.
e.
f.
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 (RESIDENT/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.
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Code Reminders:
31.
32.
33.
34.
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.
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 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 ofwhich 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 1st day of June 2005 by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
DONNED
Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery and Whitton
17 Assistant Planning Director
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