HomeMy WebLinkAbout2005-09-21; Planning Commission; Resolution 59671
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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
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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.
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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
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5.
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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.
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13.
14.
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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.
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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
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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.
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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
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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.
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Code Reminders
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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.
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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 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
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