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HomeMy WebLinkAbout2005-09-21; Planning Commission; Resolution 59671 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. 5967 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE CONSTRUCT A 4,000 SQUARE FOOT COMMERCIAL SHOP BUILDING ON PROPERTY GENERALLY LOCATED ON THE NORTHEAST CORNER OF EL CAMINO REAL AND LA COSTA AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 6. DEVELOPMENT PLAN AMENDMENT SDP 97-07(B) TO CASE NAME: CASE NO.: SDP 97-07(B) LA COSTA PLAZA - PARCEL 7 WHEREAS, Grant Tucker Properties, a California limited liability company, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as Lot 7 of Carlsbad Tract Map 97-09, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 14038, filed in the Office of the County Recorder of San Diego, September 15,2000 (“the Property”); and WHEREAS, said verified application constitutes a request for a Site Development Plan Amendment as shown on Exhibits “A” - “L” dated September 21, 2005, on file in the Planning Department, LA COSTA PLAZA - PARCEL 7 - SDP 97-07(B) as provided by Chapter 21.06/Section 21.53.120 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 21st day of September, 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 Site Development Plan Amendment; and WHEREAS, on June 17, 1998, the Planning Commission approved, La Costa LuckyBav-On Shopping Center, SDP 97-07, as described and conditioned in Planning Commission Resolution No. 4313; 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, on July 17, 2002, the Planning Commission approved, Carlsbad Gasoline Facility, SDP 97-07(A), as described and conditioned in Planning Commission Resolution No. 5230. 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 Planning Commission APPROVES LA COSTA PLAZA - PARCEL 7 - SDP 97-07(B) based on the following findings and subject to the following conditions: Findinw : 1. 2. 3. 4. 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 addition of a 4,000 sq ft building within the existing shopping center meets all City standards, has similar architecture and building materials as the existing center, and will be setback a minimum of 30 feet from La Costa Avenue. The original project has implemented all of the mitigation measures adopted as part of the original project approval to reduce the traffic impacts of the overall 86,257 sq ft project to below a level of significance. That the site for the intended use is adequate in size and shape to accommodate the use, in that the project meets all required City standards without the need for a variance from those standards. 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 building setbacks would be landscaped to screen the parking from the public roadways. The roof would be an earth tone color similar to the existing buildings to reduce light reflection and all roof equipment would be screened to reduce the impact from public roadways. The proposed 4,000 sq ft shop building would have a covered pedestrian walkway similar to the existing shop buildings. The parking lot has interior and perimeter landscaping with a combination of trees and shrubs. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the shopping center has good internal pedestrian and vehicular circulation. The site is served by a wide central non- loaded circulation driveway and signalized intersection off La Costa Avenue. PC RES0 NO. 5967 -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 5. All the findings contained in Planning Commission Resolution No. 5230 dated July 17, 2002 for SDP 97-07(A) are incorporated herein by reference and remain in effect. The Planning Director has determined that a. 6. the project is a project for which a Mitigated Negative Declaration was previously adopted [ 1 5 1621; this project is consistent with the project cited above; a Mitigated Negative Declaration was adopted in connection with the prior project or plan; the project has no new significant environmental effect not analyzed as significant in the prior Mitigated Negative Declaration; and b. c. d. e. none of the circumstances requiring a Subsequent Mitigated Negative Declaration under CEQA Guidelines Sections 15 162 exist. Conditions: Note: 1. 2. 3. 4. Unless otherwise specified herein, all conditions shall be satisfied prior to 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 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. 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. 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 PC RES0 NO. 5967 -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 5. 6. 7. 8. 9. 10. 11. 12. ... 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, (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. Approval is granted for SDP 97-07(B) as shown on Exhibits “A” - “L” dated September 21, 2005, on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 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. 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 6 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. 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. This approval is granted subject to the approval of HDP 04-12 and is subject to all conditions contained in Planning Commission Resolution No. 5968 for the other approval. PC RES0 NO. 5967 -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. 14. 15. 16. All the conditions contained in Planning Commission Resolution No. 5230 dated July 17,2002 for SDP 97-07(A) are incorporated herein by reference and remain in effect, except for Condition No. 5. Developer shall submit to the City a Notice of Restriction to be filed in the ofice 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 Hillside Development Permit by Resolutions No. 5967 and 5968 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 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 2 1.105. 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. 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. Enfineering 17. All engineering conditions contained in Planning Commission Resolution No. 4311 dated June 17, 1998 for CT 97-09 are incorporated herein by reference and remain in effect. 18. Owner shall maintain the sight distance corridor within subject property as shown in the final map for CT 97-09. The vegetation needs to be kept below the Caltrans sight distance line elevation. FeedAgreements 19. Developer shall cause property owner to execute and submit to the City Engineer for recordation, the City’s standard form Geologic Failure Hold Harmless Agreement. 20. 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. ... ... PC RES0 NO. 5967 -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 Grading 21. Based upon a review of the proposed grading and the grading quantities sIIown 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. DedicationslImprovements 22. 23. 24. 25. 26. Developer shall cause Owner to execute a covenant of easement for private sewer purposes as shown on the site plan. Developer shall provide City Engineer with proof of recordation prior to issuance of building permit. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or other appropriate entities for 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. Additional drainage easements may be required. Developer shall dedicate and provide or install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. Developer shall execute a City standard Development Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the site plan 'and the following improvements including, but not limited to paving, base, signing & striping, sidewalks, curbs and gutters, grading, clearing and grubbing, relocation of utilities, sewer, water, fire hydrants, retaining walls and reclaimed water, to City Standards to the satisfaction of the City Engineer. The improvements are: a) Waterline b) Fire Hydrant Improvements listed above shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 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. PC RES0 NO. 5967 -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 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. 27. 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, as well as the entire existing La Costa Plaza site. 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, including numeric sizing, 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. SDecial Conditions 28. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the site plan are for planning purposes only. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. Water 29. Prior to approval of improvement plans or final map, Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be PC RES0 NO. 5967 -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 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. The Developer shall design and construct public facilities within public right-of-way or within minimum 20-feet wide easements granted to the District or the City of Carlsbad. At the discretion of the District Engineer, wider easements may be required for adequate maintenance, access andor joint utility purposes. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Diego County Water Authority capacity charne(s) prior to issuance of Building Permits. The Developer shall prepare a colored recycled water use map and submit this map to the Planning Department for processing and approval by the District Engineer. The Developer shall design landscape and irrigation plans utilizing recycled water as a source. Said plans shall be submitted to the satisfaction of the District Engineer. The Developer shall install potable water and recycled water services and meters at a location approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. The Developer shall install sewer laterals and clean-outs at a location approved by the District Engineer. The locations of sewer laterals shall be reflected on public improvement plans. The Developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the site plan to the satisfaction of the District Engineer. Proposed public facilities shall be reflected on public improvement plans. The Developer shall provide separate potable water meters for each separately owned unit. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the District Engineer has determined that adequate water and sewer facilities are available at the time of occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data. Prior to Final Map approval or issuance of building permits, whichever is first, the entire potable water, recycled water, and sewer system shall be evaluated in detail to ensure that adequate capacity, pressure, and flow demands can be met to the satisfaction of the District Engineer. The Developer shall coordinate with the District Engineer regarding the looped system and easements. The Developer shall meet with and obtain approval from the Leucadia Wastewater District regarding sewer infiastructure available or required to serve this project. PC RES0 NO. 5967 -8- 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 Code Reminders 42. 43. 44. 45. 46. Approval of this request shall not excuse ompliance 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 consistent with the sign design of the shopping center and shall require review and approval of the Planning Director prior to installation of such signs. 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 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 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. ... ... PC RES0 NO. 5967 -9- 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 21st day of September 2005, by the following vote, to wit: AYES: Vice Chairperson Montgomery, Commissioners Baker, Cardosa, Heineman, and Whitton NOES: ABSENT: Chairperson Segall and Commissioner Dominguez ABSTAIN: A MARTELL B. MOmGOMERgVice Chairperson CARLSBAD PLANNING COMMISSION ATJEST: DON NEU Assistant Planning Director PC RES0 NO. 5967 -10-