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HomeMy WebLinkAbout2006-04-19; Planning Commission; Resolution 6065PLANNING COMMISSION RESOLUTION NO. 6065 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE 2 CITY OF CARLSBAD, CALIFORNIA, APPROVING CARLSBAD TRACT MAP AMENDMENT CT 97-09(A) TO 3 ALLOW A 4,000 SQUARE FOOT INCREASE IN THE TOTAL AMOUNT OF RESTAURANT SPACE ALLOWED IN 4 COMMERCIAL BUILDINGS LOCATED ON THE 5 NORTHEAST CORNER OF LA COSTA AVENUE AND EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT 6 ZONE 6. CASE NAME: LA COSTA PLAZA 7 CASE NO.: CT 97-09(A) o WHEREAS, Grant Tucker Properties, a California limited liability company, 9 "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property 10 described as11 12 Lots 1 through 8 of Carlsbad Tract Map 97-09, in the City of Carlsbad, County of San Diego, State of California, according 13 to map thereof no. 14038, filed in the Office of the County Recorder of San Diego, September 15,2000 14 15 ("the Property"); and 16 WHEREAS, said verified application constitutes a request for a Tentative Tract 17 Map Amendment on file in the Planning Department as provided by Chapter 20.12 of the18 jg Carlsbad Municipal Code; and 20 WHEREAS, the Planning Commission did, on the 19th day of April 2006, hold a 21 duly noticed public hearing as prescribed by law to consider said request; and 22 WHEREAS, at said public hearing, upon hearing and considering all testimony 23 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 24 relating to the Tentative Tract Map Amendment; and £J 26 WHEREAS, on June 17, 1998, the Planning Commission approved, La Costa 27 Lucky/Sav-On Shopping Center, CT 97-09, as described and conditioned in Planning 98^° Commission Resolution No. 4311. 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad as follows: 3 A) That the foregoing recitations are true and correct. 4 - B) That based on the evidence presented at the public hearing, the Commission APPROVES LA COSTA PLAZA - CT 97-09(A), based on the following 6 findings and subject to the following conditions: 7 Findings; o 1. All the findings contained in Planning Commission Resolution No. 4311 dated June 9 17,1998 for CT 97-09 are incorporated herein by reference and remain in effect. 10 2. 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 11 environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15303(c) of the state CEQA Guidelines (Class 3 - New construction or conversion of small structures). In making 13 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. 14 3. The Planning Commission has reviewed each of the exactions imposed on the Developer 15 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; 18 1. If any of the following conditions fail to occur; or if they are, by their terms, to be 19 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 21 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 22 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 Tentative Tract Map 24 Amendment. 25 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map Amendment documents, as necessary to 26 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. 28 PC RESO NO. 6065 -2- 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 2 regulations in effect at the time of building permit issuance. 3 4. 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 6 all requirements of law. 7 5. 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 9 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 Tentative Tract Map 10 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 13 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 14 6. All the conditions contained in Planning Commission Resolution No. 4311 dated June 17, 1998 for CT 97-09 are incorporated herein by reference and remain in 16 effect with the exception of Conditions No. 5, 9,11,13,15,16,18, & 23 which have been satisfied, Condition No. 12 which is replaced by Condition No. 7 below, and 17 Condition No. 8 which has been added. 1 Q 7. To minimize impacts to the amount of available parking in the project, exercise/fitness center and house of worship type land uses shall be prohibited in the shopping center, exclusive of Lot No. 8. In addition, the total amount of restaurant 20 square footage in the shopping center shall be restricted to 15,000 square feet. These land use restrictions shall also be included in the project's CC&Rs. 21 ,-,. 8. The Developer shall submit to the Planning Director for review and approval, an updated copy of the official CC&Rs for the project reflecting the approved changes. 23 9. Developer shall submit to the City a Notice of Restriction to be filed in the office of the 24 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 Tentative Tract Map Amendment by Resolution No. 6065 on the property. Said Notice 26 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 27 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. PC RESO NO. 6065 -3- Engineering 2 10. Developer shall comply with the City's requirements of the National Pollutant Discharge 3 Elimination System (NPDES) permit, latest version. 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. Such improvements shall be designed for the entire La Costa Plaza site (CT 97-09). Plans 6 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 9 established disposal programs to remove and properly dispose of toxic and hazardous waste products. 10 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, 13 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 16 when planning any changes to the landscaping and surface improvements. 17 11. 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 19 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 20 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 (CT 97-09). At a minimum, 22 the SWMP shall: 23 a. identify existing and post-development on-site pollutants-of-concern; b. identify the hydrologic unit this project contributes to and impaired water bodies 24 that could be impacted by this project; c. 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 26 maximum extent practicable before discharging to City right-of-way; establish specific procedures for handling spills and routine clean up. Special 27 considerations and effort shall be applied to residents and employee education on the proper procedures for handling clean up and disposal of pollutants; e. ensure long-term maintenance of all post construction BMPs in perpetuity; and PC RESO NO. 6065 -4- f. identify how post-development runoff rates and velocities from the site will not 2 exceed the pre-development runoff rates and velocities to the maximum extent practicable. 3 12. 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. 6 NOTICE g 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 9 "fees/exactions." 10 You have 90 days from date of 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 12 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. 14 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 15 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 16 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. 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6065 -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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 19th day of April 2006, by the following vote, to wit: AYES:Chairperson Montgomery, Commissioners Baker, Cardosa, Heineman, Segall and Whitton NOES: ABSENT: Commissioner Dominguez ABSTAIN: 1ARTELL B. MONTjEOMER^Mhairperson CARLSBAD PLANNING COMMISSION ATTEST: DONNEU Assistant Planning Director PC RESO NO. 6065 -6-