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HomeMy WebLinkAbout2009-03-18; Planning Commission; Resolution 65381 PLANNING COMMISSION RESOLUTION NO. 6538 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A TWO YEAR RETROACTIVE EXTENSION OF A SITE 4 DEVELOPMENT PLAN TO ALLOW THE DEVELOPMENT OF A 102,191 SQUARE FOOT HEALTH CLUB ON A 15.94 ACRE PROPERTY LOCATED ON THE SOUTHWEST CORNER OF 6 THE INTERSECTION OF EL CAMINO REAL AND PALOMAR AIRPORT ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 7 5. CASE NAME: PACIFIC ATHLETIC CLUB 8 CASE NO.: SDP 06-05x1 9 WHEREAS, Western Athletic Clubs, "Developer," has filed a verified 10 application with the City of Carlsbad regarding property owned by County of San Diego, 12 Department of Public Works, Airports, "Owner," described as 13 That portion of Palomar Airport in Lot "G" of the Rancho Hedionda, in the City of Carlsbad, in the County of San Diego, 14 State of California, According to Partition Map thereof No. 832, filed in the Office of the County Recorder of said San Diego County, and described in the title report 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Site Development j9 Plan Extension as shown on Exhibits "A" - "QQ" dated June 20, 2007, on file in the Planning 20 Department, PACIFIC ATHLETIC CLUB - SDP 06-05x1 as provided by Chapter 21 21.06/Section 21.53.120 of the Carlsbad Municipal Code; and WHEREAS, on June 20, 2007, the Planning Commission approved SDP 06-05, 23 as described and conditioned in Planning Commission Resolution No. 6316; and 24 WHEREAS, the Planning Commission did, on March 18, 2009 , hold a duly ,£> 3 26 noticed public hearing as prescribed by law to consider SDP 06-05x1; and 27 WHEREAS, at said public hearing, upon hearing and considering all testimony 2° and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Site Development Plan Extension. 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 Planning Commission APPROVES PACIFIC ATHLETIC CLUB - SDP 06-05x1, 6 based on the following findings and subject to the following conditions: 7 Findings; 1. All findings contained in Planning Commission Resolution No. 6316 dated June 20, 2007, for SDP 06-05 are incorporated herein by reference and remain in effect. 2. That such permits and approvals as extended are consistent with the requirements of Title 21 of this code at the time of the extension of the site development plan. 11 3. The Planning Director has determined that: 12 a. The project is a project for which a Negative Declaration (Pacific Athletic Club - SDP 06-05) was previously adopted [ 15162]; 14 b. This project is consistent with the project cited above; 15 c. A Negative Declaration (Pacific Athletic Club - SDP 06-05) was adopted by the Planning Commission on June 20, 2007 in connection with the prior project 17 or plan; 18 d. The project has no new significant environmental effect not analyzed as significant in the prior Negative Declaration; and 19 ~~ e. None of the circumstances requiring a Subsequent Negative Declaration under CEQA Guidelines Sections 15162 exist. 21 4. The Planning Commission has reviewed each of the exactions imposed on the Developer 22 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. 74 Conditions; 25 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of 26 a grading or building permit, whichever occurs first. 97z' 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 implemented and maintained according to their terms, the City shall have the right to PCRESONO. 6538 -2- revoke or modify all approvals herein granted; deny or further condition issuance of all 2 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 3 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 <- Extension. 6 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Plan Extension documents, as necessary to 7 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. 9 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 10 regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment 12 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 13 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 1 4 all requirements of law. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 15 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 17 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 Extension, (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, 20 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. 23 6. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 5 Local Facilities Management Plan and any amendments made to that 24 plan prior to the issuance of building permits, including, but not limited to the following: 25 a. A growth management park fee of 40 cents per square foot of non-residential 25 development will be collected at the time of building permit issuance. This fee will be used to construct recreational facilities to offset demand created by employees within Local Facilities Management Zone 5. 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 PCRESONO. 6538 -3- adequate water service and sewer facilities, respectively, are available to the project at the 2 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. 3 8. This approval is granted subject to the approval of SUP 06-03x1 and is subject to all conditions contained in Planning Commission Resolutions No. 6539 for those other <- approvals incorporated herein by reference. 6 9. Prior to the issuance of a grading permit, 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 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(n) Site Development Plan Extension and Special Use Permit 9 Extension by Resolutions No. 6538 and 6539 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details 10 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. 13 10. All conditions contained in Planning Commission Resolution No. 6316 dated June 20, 2007 for SDP 06-05 are incorporated herein by reference and remain in effect, except for Conditions No. 12, 28, 33, 34, 35, 36, and 41 which are superseded by , _ Conditions No. 11 through 18 listed below. 16 11. This approval shall become null and void if building permits are not issued for this project by December 20, 2010. Approval for Phase Two improvements shall become 17 null and void if building permits are not issued for Phase Two within 10 years from the completion of Phase One. Subsequent development of Phase Two, after permit expiration, shall require a Site Development Plan Amendment. 19 12. Developer shall cause property owner to execute and submit to the City Engineer for 20 recordation the City's standard form Drainage Hold Harmless Agreement. 13. Developer shall comply with the City's Stormwater Regulations, latest version, and shall „„ implement best management practices at all times. Best management practices include but are not limited to pollution treatment practices or devices, erosion control to prevent 23 silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or 24 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 prospective owners and tenants of the above requirements. 26 14. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer 27 receipt of a Notice of Intention from the State Water Resources Control Board. 15. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a Tier 3 Storm Water Pollution Prevention Plan PCRESONO. 6538 -4- 1 (TIER 3 SWPPP). The TIER 3 SWPPP shall be in compliance with current requirements 2 and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall 3 address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project.4 t- 16. Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban 6 Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad 7 Municipal Code all to the satisfaction of the City Engineer. o 17. Developer shall incorporate Low Impact Development (LID) design techniques, on all 9 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 10 drainage channels, minimizing impervious surfaces, promoting infiltration and 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 ,~ (Stormwater Management Strategies). LID techniques include, but are not limited to: vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the 13 volume, peak flow rate, velocity and pollutants. 14 18. 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. These improvements include, but are not limited to paving, base, signing & striping, sidewalks, curbs and gutters, medians, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights, 17 pedestrian ramps, drainage structures, best management practices for Stormwater treatment, retaining walls and reclaimed water. Said improvements shall be installed to City Standards to the satisfaction of the City Engineer. More specifically, these , o improvements include: 20 a) El Camino Real b) Palomar Airport Road 21 c) Public water improvements 22 Improvements listed above shall be constructed within 18 months of approval of the 23 subdivision or development improvement agreement or such other time as provided in said agreement. 24 25 26 27 28 PC RESO NO. 6538 -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 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 March 18, 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Commissioners Baker, Boddy, Cardosa, Dominguez, Douglas, Whitton, and Chairperson Montgomery MARTELC^. MONTGOJ CARLSBAD PLANNING^COMMK ATTEST: =rson DON NEU Planning Director PCRESONO. 6538 -6-