HomeMy WebLinkAbout2009-07-15; Planning Commission; Resolution 65851 PLANNING COMMISSION RESOLUTION NO. 6585
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A NON -RESIDENTIAL PLANNED UNIT
4 DEVELOPMENT PERMIT PUD 08-09 TO SUBDIVIDE 41.58
5 ACRES INTO 24 COMMERCIAL LOTS AND ONE COMMON
LOT ON PROPERTY GENERALLY LOCATED NORTHERLY
6 AND EASTERLY OF THE LA COSTA AVENUE AND RANCHO
SANTA FE ROAD INTERSECTION IN THE SOUTHEAST
7 QUADRANT OF THE CITY IN LOCAL FACILITIES
MANAGEMENT ZONE 11.
8 CASE NAME: LA COSTA TOWN SQUARE
9 CASE NO.: PUD 08-09
10 WHEREAS, La Costa Town Square, LLC, "Developer/Owner," has filed a
11 verified application with the City of Carlsbad regarding property described as
12 A portion of Section 31, Township 12 South and a portion of
13 Section 6, Township 13 South, Range 4 West, San Bernardino
Meridian, together with portions of Lots 4 and 5 of Rancho Las
14 Encinitas according to Map thereof No 848, in the City of
Carlsbad, County of San Diego, State of California
16 ("the Property"); and
17 WHEREAS, said verified application constitutes a request for a Non-Residential
18 Planned Unit Development Permit as shown on Exhibits "A" - "LL" for CT 01-09 dated July 1,
19 2009,on file in the Planning Department, LA COSTA TOWN SQUARE - PUD 08-09, as
20 provided by Chapter 21.47 of the Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did, on July 1, 2009 and July 15, 2009,
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hold a duly noticed public hearing as prescribed by law to consider said request; and
24 WHEREAS, at said public hearing, upon hearing and considering all testimony
25 and arguments, if any, of persons desiring to be heard, said Commission considered all factors
2" relating to the Non-Residential Planned Unit Development Permit.
27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
2 RECOMMENDING APPROVAL of LA COSTA TOWN SQUARE - PUD
08-09, based on the following findings and subject to the following conditions:
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Findings:
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<- * . The granting of this permit will not adversely affect and will be consistent with the code,
the general plan, applicable specific plans, master plans, and all adopted plans of the city
5 and other governmental agencies in that the project is consistent with the Local
Shopping Center Land Use designation and the La Costa Master Plan which
7 identifies the site as a Local Shopping Center site and all the development
standards of the Local Shopping Center Zone (C-L) and Title 20 and 21 regulations
governing subdivisions and the design of non-residential planned developments,
9 with the exception of number of monument signs.
10 2. The proposed use at the particular location is necessary and desirable to provide a
service or facility, which will contribute to the general well-being of the neighborhood
and the community in that the proposed non-residential planned development will be
compatible with the surrounding office and residential uses and will provide
opportunities for commercial goods and services and employment of local
residents.
14 3. Such use will not be detrimental to the health, safety, or general welfare of persons
residing or working in the vicinity, or injurious to property or improvements in the
vicinity in that the Open Space Land Use creates an adequate buffer between the
, t Commercial and Residential Low Medium density Land Use and that La Costa
Avenue and Rancho Santa Fe Road, both Circulation Element roadways, separates
17 the Residential Medium High density and Residential High density Land Use areas
from the Local Shopping Center Land Use designation.
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4. The proposed nonresidential planned development meets all of the minimum
development standards of the underlying zone, except for lot area and number of
2Q monument signs in that the project site can accommodate the proposed development
while complying with all setback, lot coverage, parking, and height development
21 standards and public facilities requirements specified in the La Costa Master Plan,
LFMP Zone 11 and C.M.C. Zoning Ordinance Title 21.
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5. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
23 Code Section 14.28.020 and Landscape Manual Section I B).
24 6. The Planning Commission has reviewed each of the exactions imposed on the Developer
25 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
26 degree of the exaction is in rough proportionality to the impact caused by the project.
77^' Conditions:
78 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading permit or recordation of the final map, whichever occurs first.
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1. If any of the following conditions fail to occur, or if they are, by their terms, to be
2 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
3 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
4 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
conditions or seek damages for their violation. No vested rights are gained by Developer
5 or a successor in interest by the City's approval of this Non - Residential Planned Unit
Development Permit.
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2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Non - Residential Planned Unit Development Permit
n documents, as necessary to make them internally consistent and in conformity with the
final action on the project. Development shall occur substantially as shown on the
10 approved Exhibits. Any proposed development different from this approval, shall require
an amendment to this approval.
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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.
13 4. If any condition for construction of any public improvements or facilities, or the payment
14 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
15 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 all requirements of law.
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5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
18 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
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,
20 directly or indirectly, from (a) City's approval and issuance of this Non — Residential
Planned Unit Development Permit, (b) City's approval or issuance of any permit or
21 action, whether discretionary or nondiscretionary, in connection with the use
contemplated herein, and (c) Developer/Operator's installation and operation of the
22 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.
24 6. Developer shall implement, or cause the implementation of, the La Costa Town square
EIR 01-02 Project Mitigation Monitoring and Reporting Program.
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7. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar
2" copy of the Site Plan reflecting the conditions approved by the final decision-making
27 body.
28 8. This approval is granted subject to certification of EIR 01-02 and the approval of GPA
01-02, MP 149(R), LFMP 87-11(C), CT 01-09, HDP 01-05, and SDP 01-04 and is
subject to all conditions contained in Planning Commission Resolutions No. 6577, 6578,
PC RESO NO. 6585 -3-
6579, 6580, 6581, 6586, and 6588 for those other approvals incorporated herein by
2 reference.
3 9. This approval shall become null and void if building permits are not issued for this
project within 36 months from the date of final map recordation of CT 01-09.
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10. 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
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.
11. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#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
10 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 11, pursuant to Chapter 21.90. All such
11 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.12
12. 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
14 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) Non -
15 Residential Planned Unit Development Permit by Resolution No. 6585 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
17 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
18 which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
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?f) I Code Reminders:
21 13. Developer shall pay a landscape plancheck and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
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14. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
24 permit issuance, except as otherwise specifically provided herein.
25 15. The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the California Building Code.
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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 July 15, 2009, by the following vote, to
wit:
Commissioners Baker, Boddy, Douglas, L'Heureux, Nygaard, and
Chairperson Montgomery
AYES:
NOES:
ABSENT:
ABSTAIN: Commissioner Dominguez
lARTEEL B. MONT'
CARLSBAD PLANN
ATTEST:
airperson
SION
DON NEU
Planning Director
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