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HomeMy WebLinkAbout2009-07-15; Planning Commission; Resolution 65871 PLANNING COMMISSION RESOLUTION NO. 6587 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE DEVELOPMENT PLAN SDP 01-03 TO CONSTRUCT TWO 4 OFFICE BUILDINGS TOTALING 55,000 SQUARE FEET ON PROPERTY GENERALLY LOCATED NORTHERLY AND EASTERLY OF THE LA COSTA AVENUE AND RANCHO 6 SANTA FE ROAD INTERSECTION IN THE SOUTHEAST QUADRANT OF THE CITY IN LOCAL FACILITIES 7 MANAGEMENT ZONE 11. CASE NAME: LA COSTA TOWN SQUARE OFFICE 8 CASE NO.: SDP 01-03 9 WHEREAS, La Costa Town Square, LLC, "Developer/Owner," has filed a 10 verified application with the City of Carlsbad regarding property described as 11 A portion of Section 31, Township 12 South and a portion of Section 6, Township 13 South, Range 4 West, San Bernardino 13 Meridian, together with portions of Lots 4 and 5 of Rancho Las Encinitas according to Map thereof No 848, in the City of 14 Carlsbad, County of San Diego, State of California 15 ("the Property"); and WHEREAS, said verified application constitutes a request for a Site Development 17 Plan as shown on Exhibits "A" - "G" for CT 08-07 dated July 1, 2009, on file in the Planning 18 Department, LA COSTA TOWN SQUARE OFFICE - SDP 01-03 as provided by Chapter 20 21.06/Section 21.53.120 of the Carlsbad Municipal Code; and 21 WHEREAS, the Planning Commission did, on July 1, 2009 and July 15, 2009, 22 hold a duly noticed public hearing as prescribed by law to consider said request; and 23 WHEREAS, at said public hearing, upon hearing and considering all testimony 24 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 25 relating to the Site Development Plan.26 2? NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 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 Planning 2 Commission APPROVES LA COSTA TOWN SQUARE OFFICE - SDP 01- 03 based on the following findings and subject to the following conditions: 3 Findings:4 1. That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the General Plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the project site can accommodate the proposed development while complying with all setback, lot coverage, parking, and height development standards, and public facilities requirements specified in the La Costa Master Plan, LFMP Zone 11 and C.M.C. Title 21 and that the project is consistent with and implements the Office General Plan Land Use designation and the La Costa Master 10 Plan which identifies the site as an Office site. The proposed office use is compatible with the proposed adjacent commercial development and adjacent existing and 11 proposed residential uses as adequate separation in the form of open space and Circulation Element roadways.12 J 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that the project site can accommodate the proposed non-residential development 14 while complying with all setback, lot coverage, parking, and height development standards of the La Costa Master Plan and Office Zone. 15 3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust 16 the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the project has been designed in accordance with all development and design standards of the La Costa Master Plan and Title 21; therefore, the project is compatible with existing permitted and future uses. Further, the proposed office project will be setback from La Costa Avenue a 19 minimum of 50 feet and adequate circulation, access aisles, parking spaces, and landscaping will be provided and maintained. The project proposes structures over 35 feet in height and has provided the increased landscaped setbacks to allow buildings up to 44 feet in height. 22 4. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the surrounding public streets will be improved 23 to their full-width improvements, including curbs, gutters, and sidewalks; and that the analysis included in the EIR 01-02 for the La Costa Town Square project demonstrates that the proposed streets will be adequate to accommodate the traffic ~<- generated by this project. 25 5. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 27 6. The Planning Commission has reviewed each of the exactions imposed on the Developer 28 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. PC RESO NO. 6587 -2- Conditions: 2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a 3 grading permit or building permit, whichever occurs first. 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 6 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 7 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 o or a successor in interest by the City's approval of this Site Development Plan. 10 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Plan 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 approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 13 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 14 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 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 17 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 18 with all requirements of law. 19 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 20 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims. 21 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, 22 (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, 24 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 25 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated.26 VV 27 6. Developer shall implement, or cause the implementation of, the La Costa Town Square EIR 01-02 Project Mitigation Monitoring and Reporting Program. 28 PC RESO NO. 6587 -3- 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 body. 3 8. Developer shall include, as part of the plans submitted for any permit plancheck, a 4 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing - format (including any applicable Coastal Commission approvals). 6 9. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the School District that this project has satisfied its obligation to provide 7 school facilities. o 10. This project shall comply with all conditions and mitigation measures which are required g as part of the Zone 11 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 10 11. This approval is granted subject to certification of EIR 01-02 and the approval of GPA 11 01-02, MP 149(R), LFMP 87-11(C), CT 08-07, CP 01-03, and HDP 01-05 and is subject to all conditions contained in Planning Commission Resolutions No. 6577, 6578, 6579, 6580, 6583, 6584, and 6586 for those other approvals incorporated herein by 13 reference. 14 12. 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 08-07. 16 13. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and 17 the City's Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and 18 thriving condition, free from weeds, trash, and debris. 14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the 20 landscape plancheck process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 21 15. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high 22 masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal __ Code Chapter 21.105. Location of said receptacles shall be approved by the Planning Director. Enclosure shall be of similar colors and/or materials to the project to the 24 satisfaction of the Planning Director. 25 16. Prior to Building permit issuance, the Developer shall show on the building plans architecturally integrated roof top screens to conceal mechanical equipment and the roof tops of buildings from offsite residential views to the satisfaction of the 27 Directors of Community Development and Planning. The roof top screens shall be installed on each building requiring such screening prior to the occupancy of the 28 commercial building. PC RESO NO. 6587 -4- 17. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. 2 When so required, the Developer shall submit and obtain approval of the Fire Chief and the Planning Director of an Outdoor Storage Plan, and thereafter comply with the 3 approved plan. 18. Developer shall submit and obtain Planning Director approval of an exterior lighting plan including parking areas. All lighting shall any impacts on adjacent homes or property. <- including parking areas. All lighting shall be designed to reflect downward and avoid 6 19. Building permits will not be issued for this project unless the local agency providing 7 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. 10 20. 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 11 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 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 approval will not be consistent with the General Plan and shall become void. 14 21. Developer shall submit to the City a Notice of Restriction executed by the owner of the 15 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 17 Development Plan by Resolution No. 6587 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details 18 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. 21 22. The buildings shall be designed and built to accommodate solar energy by installing conduits, providing space for roof mounted photo voltaic panels and space in 22 equipment rooms for power converters. OT Code Reminders; 24 23. Developer shall pay a landscape plancheck and inspection fee as required by Section 25 20.08.050 of the Carlsbad Municipal Code. 26 24. 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 permit issuance, except as otherwise specifically provided herein. 28 25. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. PC RESO NO. 6587 -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 26. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 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: AYES: NOES: ABSENT: Commissioners Baker, Boddy, Douglas, L'Heureux, Nygaard, and Chairperson Montgomery Dominguez MARTELL B. MONTGOMERY, (g^Tirperson CARLSBAD PLANNING COMMISSION DON NEU Planning Director PC RESO NO. 6587 -6-