HomeMy WebLinkAbout2009-07-15; Planning Commission; Resolution 65861 PLANNING COMMISSION RESOLUTION NO. 6586
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT FOR
4 THE DEVELOPMENT OF A 83.07 ACRE SITE WITH A
284,400 SQUARE FOOT COMMUNITY SHOPPING CENTER,
55,000 SQUARE FOOT OFFICE PROJECT, AND 64 SINGLE
6 FAMILY LOT SUBDIVISION, ALL LOCATED NORTHERLY
AND EASTERLY OF THE LA COSTA AVENUE AND
7 RANCHO SANTA FE ROAD INTERSECTION IN THE
SOUTHEAST QUADRANT OF THE CITY IN LOCAL
8 FACILITIES MANAGEMENT ZONE 11.
9 CASE NAME: LA COSTA TOWN SQUARE
CASE NO: HDP 01-05
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WHEREAS, La Costa Town Square, LLC, "Developer/Owner," has filed a
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verified application with the City of Carlsbad regarding property described as
13 A portion of Section 31, Township 12 South and a portion of
Section 6, Township 13 South, Range 4 West, San Bernardino
14 Meridian, together with portions of Lots 4 and 5 of Rancho Las
Encinitas according to Map thereof No 848, in the City of
15 Carlsbad, County of San Diego, State of California
16 ("the Property"); and
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WHEREAS, said verified application constitutes a request for a Hillside
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Development Permit as shown on Exhibits "A" - "K" for HDP 01-05 dated July 1, 2009, on
20 file in the Carlsbad Planning Department, LA COSTA TOWN SQUARE - HDP 01-05, as
21 provided by Chapter 21.95 of the Carlsbad Municipal Code; and
22 WHEREAS, the Planning Commission did on July 1, 2009 and July 15, 2009,
23 consider said request; and
24 WHEREAS, at said hearing, upon hearing and considering all testimony and
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arguments, if any, of all persons desiring to be heard, said Commission considered all factors26
~7 relating to the Hillside Development Permit; and
28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
2 B) That based on the evidence presented at the public hearing, the Commission
3 RECOMMENDS APPROVAL of LA COSTA TOWN SQUARE - HDP 01-
05 based on the following findings and subject to the following conditions:
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, Findings:
6 1. That hillside conditions have been properly identified on the constraints map which show
existing and proposed conditions and slope percentages.
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2. That areas of the project, i.e., natural slopes over 40%, have been properly identified on
the constraints map. These slopes are isolated locations and do not comprise a
9 prominent landform feature and therefore are developable.
10 3. That the development proposal is consistent with the intent, purpose, and requirements of
the Hillside Ordinance, Chapter 21.95, in that manufactured slopes have been
landscaped to reduce the visual impact of graded slopes; sensitive habitat areas have
been mitigated through the preservation of offsite habitats per the Habitat
Conservation Plan adopted for the site; and that erosion control and detention
13 basins will prevent excessive off-site siltation. The grading of the non-residential
portions of the project, Commercial and Office, are exempt from the grading
14 quantities and slope height requirements of the Hillside Ordinance. However,
grading of the site exceeds the grading quantity threshold of 10,000 cubic yards per
acres and requires justification. The grading is required for the development of
commercial uses which require large flat development pads and shallow sloping
parking lots. The project contains slopes along La Costa Avenue which are over 20
17 feet in height and over 200 feet in length and have been contoured and landscaped
to reduce the visual impact of the slopes.
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4. That the project design substantially conforms to the intent of the concepts illustrated in
the Hillside Development Guidelines Manual, in that slopes have been rounded where
2Q possible, slopes have been screened by rich landscape plantings, buildings do not
have gabled ends or overhangs and have been setback from slope edges.
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5. That the site requires extensive grading to accommodate a circulation-element roadway,
22 in that Rancho Santa Fe Road has been realigned to cross the site and the project
fronts onto La Costa Avenue. Both roadways have modified the slopes on the
development site by grading to accommodate the circulation element roadways.
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6. That the proposed modification will result in significantly more open space or
25 undisturbed area than would a strict adherence to the requirements of the ordinance, in
that the site was previously identified as a site to be developed in the Habitat
° Conservation Plan. As such, mitigation land which is part of a larger preserve
system with better habitat quality than the subject site was acquired and preserved
to mitigate the biological impacts to the project site.
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7. 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
PC RESO NO. 6586 -2-
to mitigate impacts caused by or reasonably related to the project, and the extent and the
2 degree of the exaction is in rough proportionality to the impact caused by the project.
3 Conditions;
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
<- grading permit or recordation of a final map, whichever occurs first.
5 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
7 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
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
10 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 Hillside 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 Hillside Development Permit documents, as necessary to make
13 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
14 development, different from this approval, shall require an amendment to this approval.
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.
17 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
18 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
2Q with all requirements of law.
21 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
22 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 Hillside Development
24 Permit, (b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
25 (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
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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PC RESO NO. 6586 -3-
6. This project shall comply with all conditions and mitigation measures which are required
2 as part of the Zone 11 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
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7. Developer shall implement, or cause the implementation of, the La Costa Town Square
EIR 01-02 Project Mitigation Monitoring and Reporting Program.
8. This approval is granted subject to certification of EIR 01-02 and the approval of GPA
6 01-02, MP 149(R), LFMP 87-ll(C), CT 01-09, CT 08-03, CT 08-07, CP 01-03, PUD
08-09, SDP 01-03, and SDP 01-04 and is subject to all conditions contained in Planning
7 Commission Resolutions No. 6577, 6578, 6579, 6580, 6581, 6582, 6583, 6584, 6585,
6587, and 6588 for those other approvals incorporated herein by reference.8
c, 9. This approval for CT 01-09 shall become null and void if grading permits are not issued
for CT 01-09 within 36 months from the date of Final map recordation of CT 01-09.
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10. This approval for CT 08-03 shall become null and void if grading permits are not issued
for CT 08-03 within 36 months from the date of Final map recordation of CT 08-03.
12 11. This approval for CT 08-07 shall become null and void if grading permits are not issued
13 for CT 08-07 within 36 months from the date of Final map recordation of CT 08-07.
14 12. 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
1 f 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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13. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
18 #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
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
20 Local Facilities Management Plan fee for Zone 11, 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
21 approval will not be consistent with the General Plan and shall become void.
22 14. Prior to the issuance of the 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
24 Director, notifying all interested parties and successors in interest that the City of
Carlsbad has issued a(n) Hillside Development Permit by Resolution No. 6586 on the
25 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
2" 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
28 or successor in interest.
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Code Reminders:
2 The project is subject to all applicable provisions of local ordinances, including but not limited to
3 the following:
4 15. Developer shall pay a landscape plancheck and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
16. 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
7 permit issuance, except as otherwise specifically provided herein.
° 17. The project shall comply with the latest nonresidential disabled access requirements
„ pursuant to Title 24 of the California Building Code.
10 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."
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You have 90 days from date of final approval to protest imposition of these fees/exactions. If
14 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.
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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,
, o 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
20 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PCRESONO. 6586 -5-
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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
MARTELL B. MONJGOMER^lKhairperson
CARLSBAD PLANNING COlffiMISSION
ATTEST:
Q.X.
DON NEU
Planning Director
PCRESONO. 6586 -6-