HomeMy WebLinkAbout2007-06-20; Planning Commission; Resolution 6313PLANNING COMMISSION RESOLUTION NO. 6313
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2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
3 APPROVAL OF SITE DEVELOPMENT PLAN SDP 06-17 TO
SUBDIVIDE 14.15 ACRES OF LAND INTO 8 COMMERCIAL
4 LOTS AND THE DEVELOPMENT OF 122,800 SQUARE FEET
5 OF COMMERCIAL RETAIL SPACE IN 12 BUILDINGS
WHICH INCLUDE A 43,830 SQUARE FOOT MAJOR
6 GROCERY STORE AND A 12,000 SQUARE FOOT
SPECIALTY FOOD STORE ON PROPERTY GENERALLY
7 LOCATED SOUTH OF GATEWAY ROAD, WEST OF EL
FUERTE STREET, NORTH OF BRESSI RANCH WAY, AND
8 NORTH OF PARADISE ROAD IN PLANNING AREA 15 OF
9 THE BRESSI RANCH MASTER PLAN AND IN LOCAL
FACILITIES MANAGEMENT ZONE 17.
10 CASE NAME: BRESSI RANCH VILLAGE CENTER
CASE NO: SDP 06-1711
,2 WHEREAS, LNR Bressi Commercial, Inc., "Developer/Owner," has filed a
13 verified application with the City of Carlsbad regarding property described as
14 Lot 5 of Carlsbad Tract 03-03, in the City of Carlsbad, County
of San Diego, State of California according to map thereof No.
14800 on file in the Office of the County Recorder of San Diego
16 County, May 21, 2004 as amended by certificate of correction
recorded September 30, 2005 as file No. 2005-0850805 of
17 official records
18 ("the Property"); and
19 WHEREAS, said verified application constitutes a request for a Site Development
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Plan as shown on Exhibits "A" - "Y" and "Al" - "A21" (+ materials book) dated June 20,
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2007, on file in the Planning Department, BRESSI RANCH VILLAGE CENTER - SDP 06-
23 17 as provided by Section 21.31.040 of the Carlsbad Municipal Code; and
24 WHEREAS, the Planning Commission did, on the 20th day of June, 2007 , hold
25 a duly noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
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and arguments, if any, of all persons desiring to be heard, said Commission considered all factors28
relating to the Site Development Plan.
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2 Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
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c B) That based on the evidence presented at the public hearing, the Planning
Commission RECOMMENDS APPROVAL of the BRESSI RANCH
6 VILLAGE CENTER - SDP 06-17 based on the following findings and subject
to the following conditions:
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Findings:o
n 1. 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
10 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
11 traffic circulation, in that the site was created within the Bressi Ranch Master Plan for
the development of a mixed use center. The site plan orients the majority of project
activity towards the interior of the site. The project implements the Local
13 Commercial (L) General Plan Land Use designation with the inclusion of a
neighborhood-serving grocery store. The project also implements goals of the
14 Circulation Element in that daily needs retail services will be made available to the
surrounding neighborhood within a reasonable distance to use alternative modes of
transportation such as bicycles and walking.
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
17 that the project meets all of the required development standards of the underlying
zone and the Bressi Ranch Master Plan including onsite parking, height limits and
18 setbacks.
19 3. 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 no special features were necessary to adjust the
21 project.
22 4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the Bressi Ranch Master Plan assumed the
23 development of a "main street" retail center. The environmental impact report
~4 prepared for the Bressi Ranch Master Plan analyzed the impacts of buildout of the
master plan with retail and commercial space as well as residential development, no
25 significant unmitigable adverse impacts were identified and the project does not
increase traffic generation so as to cause a significant adverse impact.
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5. The Planning Director has determined that:
28 a. the project is a subsequent activity of the Bressi Ranch Master Plan (MP 178), a
project for which a program EIR was prepared, and a notice for the activity has
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been given, which includes statements that this activity is within the scope of the
2 program approved earlier, and that the program EIR adequately describes the
activity for the purposes of CEQA); [15168(c)(2) and (e)]; and/or
b. this project is consistent with the Master Plan cited above; and
4 c. the Bressi Ranch Master Plan EIR 98-04 was certified on July 9, 2002, in
connection with the prior project or plan; and
d. the project has no new significant environmental effect not analyzed as significant
6 in the prior EIR; and
7 e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR
under CEQA Guidelines Sections 15162 or 15163 exist; and
8 f. The Planning Commission finds that all feasible mitigation measures or project
9 alternatives identified in the Bressi Ranch Master Plan EIR 98-04, which are
appropriate to this Subsequent Project, have been completed, incorporated into
'0 the project design or are required as conditions of approval for this Subsequent
11 Project.
12 6. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
,~ Facilities Management Plan for Zone 17 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
14 provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
15 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.16
17 1. That all necessary public facilities required by the Growth Management Ordinance will
be constructed or are guaranteed to be constructed concurrently with the need for them
18 created by this project and in compliance with adopted City standards, in that the project
is being proposed and will be implemented consistent with the requirements of the
Bressi Ranch Master Plan and Zone 17 Local Facilities Management Plan.
20 8. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
21 Code Section 14.28.020 and Landscape Manual Section I B).
22 9. 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
24 degree of the exaction is in rough proportionality to the impact caused by the project.
25 Conditions:
26 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading permit.
2g 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
PCRESONO. 6313 -3-
implemented and maintained according to their terms, the City shall have the right to
2 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
3 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
4 conditions or seek damages for their violation. No vested rights are gained by Developer
r or a successor in interest by the City's approval of this Site Development Plan.
6 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Bressi Ranch Commercial Center SDP 06-17 documents, as
7 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
9 this approval.
10 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
12 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
13 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
14 unless the City Council determines that the project without the condition complies with
all requirements of law.
16 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
17 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,
19 (b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
20 (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
21 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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6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
24 the Site Plan reflecting the conditions approved by the final decision-making body.
25 7. Prior to the issuance of a building permit, the Developer shall provide proof to the
26 Director from the School District that this project has satisfied its obligation to provide
school facilities.
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8. This project shall comply with all conditions and mitigation measures which are required
2° as part of the Zone 17 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
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9. Building permits will not be issued for this project unless the local agency providing
2 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
3 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.4
10. This approval is granted subject to the approval of Minor Master Plan Amendment MP
178(E), Tentative Tract Map CT 06-24 and is subject to all conditions contained in
5 Planning Commission Resolutions No. 6310 and 6311 for those other approvals
incorporated herein by reference.
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Special Conditions8
11. Subject to the approval of the Planning Director, the applicant shall re-design the
Major "C" building to provide a second point of access at the corner of Finnila
10 Place and Town Garden Lane opposite the traffic circle which may include new
lease space and to further setback the building face from the corner.
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12. Subject to the approval of the Planning Director, the applicant shall include in the
site plan a minimum 10 foot wide pathway, not to adversely affect the future Boys
13 and Girls Club, that may be located within the boundaries of the Village Square,
along the eastern boundary of the Village Square that is inviting with architectural
14 features and may include benches, trellises, and other park features.
13. Subject to the approval of the Planning Director, the applicant shall reconsider
relocation of the bank building (Pad "A") to be adjacent to the west side of Finnila
Place and/or consider the addition of more substantial structures along the western
17 side of the Finnila Place frontage including enhanced trellises and pergolas.
14. Subject to the approval of the Planning Director, the applicant shall revise the
, Q southern elevations of the Major "C" building to include display windows and the
display of product and to include street furniture, landscape, and decorative
20 lighting on the south street frontage. Street furniture, landscape, and decorative
lighting shall also be provided on the east street frontage.
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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 of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 20th day of June 2007, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Baker, Commissioners Boddy, Dominguez, Douglas,
and Montgomery
Commissioners Cardosa and Whitton
, Chairperson
AD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PCRESONO. 6313 -6-