HomeMy WebLinkAbout2009-01-07; Planning Commission; Resolution 65171 PLANNING COMMISSION RESOLUTION NO. 6517
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT CUP 08-13 TO ALLOW FOR
4 THE INSTALLATION OF A DRIVE-THRU TELLER LANE AT
5 A UNION BANK OF CALIFORNIA LOCATED WITHIN THE
POINSETTIA VILLAGE SHOPPING CENTER ON PROPERTY
6 GENERALLY LOCATED AT 7180 AVENIDA ENCINAS, IN
THE MELLO II SEGMENT OF THE LOCAL COASTAL
7 PROGRAM AND IN LOCAL FACILITIES MANAGEMENT
ZONE 9.
8 CASE NAME: UNION BANK OF CALIFORNIA DRIVE-
9 THRU
CASE NO.: CUP 08-13
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WHEREAS, Reynaldo Osegueda, "Developer," has filed a verified application
j2 with the City of Carlsbad regarding property owned by Oberlin Partners, LLC, "Owner,"
13 described as
14 Lot 7 of Parcel Map 15187, in the City of Carlsbad, County of
San Diego, State of California, filed in the Office of the County
Recorder of San Diego, March 28, 1988 as file number 88-
16 140044
17 ("the Property"); and
1 Q WHEREAS, said verified application constitutes a request for a Conditional Use
19 Permit as shown on Exhibits "A"-"N" dated January 7, 2009, on file in the Planning
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Department, UNION BANK OF CALIFORNIA DRIVE-THRU - CUP 08-13, as provided by
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__ Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and
23 WHEREAS, the Planning Commission did, on January 7, 2009, hold a duly
24 noticed public hearing as prescribed by law to consider said request; and
25 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 CUP.
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1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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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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<- B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES UNION BANK OF CALIFORNIA DRIVE-THRU
6 - CUP 08-13, based on the following findings and subject to the following
conditions:
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Findings:
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9 1. That the requested use is necessary or desirable for the development of the community,
and is in harmony with the various elements and objectives of the general plan, including,
10 if applicable, the certified local coastal program, specific plan or master plan, in that the
project is consistent with the General Plan as discussed in the staff report and the
drive-thru teller lane, which is a ancillary use to the permitted bank use in the C-L
12 zone, provides a desirable service, and is a convenience to the community by
providing increased accessibility to the financial institution and is designed to
13 operate safely and efficiently within the commercial center. The drive-thru lane
includes directional arrows in the parking lot to guide bank users to the windows
14 and provides adequate stacking to avoid any impacts to the circulation system,
, <. internal or external, and all drive aisles, parking spaces, back up areas, and fire
lanes are not impacted by the drive-thru lane.
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2. That the requested use is not detrimental to existing uses or to uses specifically permitted
17 in the zone in which the proposed use is to be located in that the bank drive-thru teller
lane is designed so that it will not impact other commercial uses in the center. This
drive-thru teller lane is designed to assist two cars, in tandem, at once while
19 allowing adequate queuing for another car without blocking the commercial centers
internal circulation aisles, parking aisles, or parking spaces.
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3. That the site for the proposed conditional use is adequate in size and shape to
21 accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas,
~~ landscaping and other development features prescribed in this code and required by the
planning director, planning commission or city council, in order to integrate the use with
23 other uses in the neighborhood, in that the project complies with all of the applicable
development standards of the C-L Zone and the design of the drive-thru lane
24 utilizes a trellis overhang with planters and landscaping to screen and separate the
drive-thru lane from the existing parking lot.
£* 3
26 4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the project as designed will increase the ADTs
27 for the site by 232 extra trips over the existing bank ADTs. The Poinsettia Shopping
Center has adequate circulation system and all public rights-of way are in place to
accommodate the increase. The project will provide directional arrows in the
parking lot to guide drive-up bank users to the lane and is designed with sufficient
PCRESONO. 6517 -2-
stacking to avoid impacting the internal circulation system and the capacity of
2 Avenida Encinas is adequate to accommodate the additional 232 project ADTs.
3 5. 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
environment, and it is therefore categorically exempt from the requirement for the
<- preparation of environmental documents pursuant to Section 15311 - exemption for the
construction of minor structures that are appurtenant to existing commercial
6 facilities - of the state CEQA Guidelines. In making this determination, the Planning
Director has found that the exceptions listed in Section 15300.2 of the state CEQA
7 Guidelines do not apply to this project.
6. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 9 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or provide
10 funding to ensure that all facilities and improvements regarding sewer collection and
treatment; water; drainage; circulation; fire; schools; parks and other recreational
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.
13 7. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
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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
I/- 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.
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Conditions:
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading permit or building permit, whichever comes first.
20 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
21 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
22 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
24 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
25 or a successor in interest by the City's approval of this Conditional Use Permit.
0 f\Staff is authorized and directed to make, or require the Developer to make, all corrections
27 and modifications to the Conditional Use Permit documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
28 shall occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
PCRESONO. 6517 -3-
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 Conditional Use Permit -
10 CUP 08-13, (b) City's approval or issuance of any permit or action, whether discretionary
or nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
12 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.
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6. Developer shall include, as part of the plans submitted for any permit plancheck, a
reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
15 format (including any applicable Coastal Commission approvals).
17 7. 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.18
19 8. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 9 Local Facilities Management Plan and any amendments made to that
20 Plan prior to the issuance of building permits.
21 9. This approval is granted subject to the approval of CDP 08-14 and is subject to all
22 conditions contained in Planning Commission Resolutions No. 6518 for those other
approvals incorporated herein by reference.
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10. This approval shall become null and void if building permits are not issued for this
24 project within 24 months from the date of project approval.
25 11. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
25 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
27 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 9, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
PCRESONO. 6517 -4-
12. Prior to the issuance of the grading permit or building permit, whichever comes first,
2 Developer shall submit to the City a Notice of Restriction executed by the owner of the
real property to be developed. Said notice is to be filed in the office of the County
3 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 Conditional Use
Permit by Resolution No. 6517 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
6 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.
13. CUP 08-13 shall be reviewed by the Planning Director annually to determine if all
9 conditions of this permit have been met and that the use does not have a substantial
negative effect on surrounding properties or the public health, safety and general welfare.
10 If the Planning Director determines that: 1) the Conditional Use Permit was obtained by
fraud or misrepresentation; or 2) the use for which such approval was granted is not being
exercised; or 3) the Conditional Use Permit is being or recently has been exercised
contrary to any of the terms or conditions of approval or the conditions of approval have
not been met; or 4) the use for which such approval was granted has ceased to exist or has
13 been suspended for one year or more; or 5) the use is in violation of any statute,
ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is
being or has been so exercised as to be detrimental to the public health, safety or welfare
or so as to constitute a nuisance, the Planning Director shall recommend that the Planning
Commission hold a public hearing and after providing the permittee the opportunity to be
16 heard, the Planning Commission may revoke and terminate the Conditional Use Permit in
whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose
17 new conditions.
1 O 14. Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City's Landscape Manual. Developer shall construct and install all landscaping as
20 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
condition, free from weeds, trash, and debris.
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Engineering:
23 General:
24 15. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
26 16. Developer shall submit to the Planning Director, a reproducible 24" x 36", Mylar copy of
27 the Site Plan reflecting the conditions approved by the final decision making body. The
reproducible shall be submitted to the Planning Director, reviewed and, if acceptable,
signed by the City's project engineer and project planner prior to submittal of the building
plans whichever occurs first.
PCRESONO. 6517 -5-
Grading:
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17. Based upon a review of the proposed grading and the grading quantities shown on the site
3 plan, a grading permit for this project is NOT required. Developer shall incorporate
precise grading plans with proposed building plans and permit for this project.
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<- 18. Developer shall comply with the City's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include
6 but are not limited to pollution treatment practices or devices, erosion control to prevent
silt runoff during construction, general housekeeping practices, pollution prevention and
7 educational practices, maintenance procedures, and other management practices or
devices to prevent or reduce the discharge of pollutants to Stormwater, receiving water or
stormwater conveyance system to the maximum extent practicable. Developer shall notify
9 prospective owners and tenants of the above requirements.
10 19. Developer shall complete and submit to the City Engineer a Project Threat Assessment
Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF,
* Developer shall also submit the appropriate Tier level Storm Water Compliance form and
12 Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the
completed PTAF all to the satisfaction of the City Engineer.
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20. Developer shall incorporate Low Impact Development (LID) design techniques, on all
14 final design plans submitted to the City, to reduce the amount of run-off by mimicking
the natural hydrologic function of the site by preserving natural open-spaces and natural
drainage channels, minimizing impervious surfaces, promoting infiltration and
15 evaporation of run-off before run-off leaves the site. Developer shall incorporate LID
techniques using current County of San Diego Low Impact Development Handbook
17 (Stormwater Management Strategies). LID techniques include, but are not limited to:
vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the
volume, peak flow rate, velocity and pollutants.
19 Code Reminders:
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The project is subject to all applicable provisions of local ordinances, including but not limited to
21 the following:
22 21. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and
23 Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average
Daily Trips (ADT) contained in the staff report and shown on the site plan are for
24 planning purposes only.
25 NOTICE
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Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
2' reservations, or other exactions hereafter collectively referred to for convenience as
00 "fees/exactions."2o
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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
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 7th day of January, 2009 by the
following vote, to wit:
AYES:
NOES:
Commissioners Boddy, Cardosa, Dominguez, Douglas,
Montgomery, and Chairperson Whitton
ABSENT: Commissioner Baker
ABSTAIN:
/FRANK H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
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