HomeMy WebLinkAbout2008-12-17; Planning Commission; Resolution 65211 PLANNING COMMISSION RESOLUTION NO. 6521
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
DEVELOPMENT PLAN AMENDMENT SDP 06-17(A) TO
4 ALLOW FOR THE PROVISION OF COMMON PARKING
5 FACILITIES IN LIEU OF INDIVIDUAL USE PARKING
REQUIREMENTS AND APPROVE A 5% PARKING
6 REDUCTION WITHIN THE BRESSI RANCH VILLAGE CENTER
GENERALLY LOCATED NORTH OF PARADISE ROAD, SOUTH
7 OF GATEWAY ROAD, EAST OF BRESSI RANCH WAY AND
WEST OF EL FUERTE STREET IN PLANNING AREA 15 OF
THE BRESSI RANCH MASTER PLAN AND IN LOCAL
9 FACILITIES MANAGEMENT ZONE 17.
CASE NAME: BRESSI RANCH VILLAGE CENTER
10 CASE NO.: SDP 06-17(A)
11 WHEREAS, LNR CPI Bressi Retail, LLC, "Developer and Owner," has filed a
12 verified application with the City of Carlsbad regarding property described as
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Lots 1 through 8 of Carlsbad Tract CT 06-24, in the City of
14 Carlsbad, County of San Diego, State of California, according to
map thereof No. 15689 filed in the Office of the County Recorder
of said county on May 9,2008 as Instrument No. 2008-0251547 of
\ ft Official Records.
17 ("the Property"); and
1 X WHEREAS, said verified application constitutes a request for a Site Development
19 Plan Amendment as shown on Exhibits "A"- "B" dated December 17, 2008, on file in the
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Planning Department, BRESSI RANCH VILLAGE CENTER - SDP 06-17(A) as provided by
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Chapter 21.06 of the Carlsbad Municipal Code; and
23 WHEREAS, on September 25, 2007, the City Council approved, SDP 06-17, as
24 described and conditioned in City Council Resolution No. 2007-254; and
25 WHEREAS, the Planning Commission did, on December 17, 2008, hold a duly
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noticed public hearing as prescribed by law to consider said Site Development Plan
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Amendment 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 factors
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relating to the Site Development Plan Amendment.4
5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
6 Commission of the City of Carlsbad as follows:
7 A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Planning
9 Commission APPROVES BRESSI RANCH VILLAGE CENTER - SDP 06-
17(A) based on the following findings and subject to the following conditions:
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Findings:
1. That the requested use is properly related to the site, surroundings and environmental
settings in that the designated courtyards, plazas, and parking areas exist onsite, is
13 consistent with the various elements and objectives of the General Plan in that the
location and site design of the Bressi Ranch Village Center was approved to serve
14 the neighboring residential and industrial neighborhoods and to encourage nearby
residents and businesses to walk to the center consistent with the General Plan Land
Use Element, will not be detrimental to existing uses or to uses specifically permitted in
jg the area in which the proposed use is to be located in that the designated courtyards,
plazas, and parking areas are an integral part of the Bressi Ranch Village Center
17 and are necessary for its success as a pedestrian destination and as such will require
fewer parking spaces, and will not adversely impact the site, surroundings or traffic
* ° circulation in that the Bressi Ranch Village Center location and design was approved
i Q to encourage the use of outdoor common facilities such as courtyards and plazas;
and, there are multiple uses within the scope of the Bressi Ranch Village Center
20 that will have common customers and therefore use common parking facilities.
Approval of the Site Development Plan Amendment will allow tables and chairs to
21 be located in existing common courtyards and plazas, thereby strengthening the
intent of creating a pedestrian focused environment.
23 2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the courtyards and plazas exist and tables and chairs will only be allocated to
24 those existing designated spaces, therefore, the reduction in parking will not have a
physical impact on the property or improvements.
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3. 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
97 provided and maintained, in that the courtyards and plazas already exist onsite and
the tables and chairs will enable these outdoor spaces to be more usable.
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4. That the street systems serving the proposed use is adequate to properly handle all traffic
2 generated by the proposed use, in that the application of the common parking facilities
provision of the Parking Ordinance and allowing a 5% parking reduction in
3 required parking on the sight will not create an increase in traffic generation and
will therefore not have a greater impact on the surrounding street system than what
was previously analyzed in the Bressi Ranch certified Environmental Impact Report
c (EIR 98-04) because the outdoor courtyards and plazas will be predominantly used
by existing onsite customers who will likely patronize more than one shop or
6 restaurant during a single visit. Parking and site circulation will not be impacted.
7 Conditions:
o Note: Unless otherwise specified herein, all conditions shall be satisfied prior to occupancy of
a any onsite building.
10 1. All conditions of City Council Resolution No. 2007-254 remain in effect and
incorporated herein by reference.
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2. 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
13 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
14 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
j g 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
17 Amendment.
18 3. 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.
20 Development shall occur substantially as shown on the approved exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
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4. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
23 5. If any condition for construction of any public improvements or facilities, or the payment
24 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
25 66020. If any such condition is determined to be invalid, this approval shall be invalid
~fi unless the City Council determines that the project without the condition complies with
all requirements of law.
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6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
28 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
PCRESONO. 6521 -3-
and costs, including court costs and attorney's fees incurred by the City arising, directly
2 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
3 discretionary or nondiscretionary, 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
c 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
6 approval is not validated.
7 7. 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
9 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.
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8. Prior to occupancy of any onsite building, Developer shall submit to the City a Notice of
1* Restriction executed by the owner of the real property to be developed. Said notice is to
12 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
13 Carlsbad has issued a(n) Site Development Plan Amendment by Resolution(s) No. 6521
on the property. Said Notice of Restriction shall note the property description, location of
14 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
15 which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
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9. Approval is granted for SDP 06-17(A) as shown on Exhibits "A"-"B", dated December
17, 2008, on file in the Planning Department and incorporated herein by reference.
in Development shall occur substantially as shown unless otherwise noted in these
conditions.
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10. Outdoor dining areas not shown on the approved site plan Exhibits "A"-"B" dated
21 December 17, 2008 are subject to the criteria and permitting procedures for
~~ individual Incidental Outdoor Dining Permits.
23 NOTICE
24 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
25 reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
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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
2j> 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
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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 December 17, 2008, by the following
vote, to wit:
AYES:Commissioners Baker, Cardosa, Dominguez, Douglas,
Montgomery, and Whitton
NOES:
ABSENT: Commissioner Boddy
ABSTAIN:
/FRANK H. WHITTON, Chairperson
' CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
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