HomeMy WebLinkAbout2009-07-15; Planning Commission; Resolution 65911 PLANNING COMMISSION RESOLUTION NO. 6591
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A CONDITIONAL USE PERMIT TO
4 CONSTRUCT A DRIVE THRU FACILITY FOR A FINANCIAL
INSTITUTION ON PROPERTY GENERALLY LOCATED
NORTHERLY AND EASTERLY OF THE LA COSTA
6 AVENUE AND RANCHO SANTA FE ROAD INTERSECTION
IN THE SOUTHEAST QUADRANT OF THE CITY IN LOCAL
7 FACILITIES MANAGEMENT ZONE 11.
CASE NAME: LA COSTA TOWN SQUARE - LOT 24
8 CASE NO.: CUP 08-01
9 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
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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 Conditional Use
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Permit as shown on Exhibits "A" - "LL" for CT 01-09 dated July 1, 2009, on file in the
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Planning Department, LA COSTA TOWN SQUARE LOT 24 - CUP 08-01, as provided by
2Q Chapter 21.42 and/or 21.50 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
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relating to the CUP.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 Commission
2 RECOMMENDING APPROVAL of LA COSTA TOWN SQUARE LOT 24
- CUP 08-01, based on the following findings and subject to the following
3 conditions:
Findings:
That the requested use is necessary or desirable for the development of the community,
5 and is in harmony with the various elements and objectives of the general plan, including,
if applicable, the certified local coastal program, specific plan or master plan, in that the
7 project is consistent with the La Costa Master Plan and General Plan as discussed in
the staff report and the drive-thru, which is an ancillary use to the permitted use in
the C-L zone, provides a desirable service, and is a convenience to the community by
o providing increased accessibility to the use and is designed to operate safely and
efficiently within the commercial center. The drive-thru lane includes directional
10 arrows in the parking lot to guide users to the windows 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.
13 2. That the requested use is not detrimental to existing uses or to uses specifically permitted
in the zone in which the proposed use is to be located in that the drive-thru lane is
14 designed so that it will not impact other commercial uses in the center. The drive-
thru lane is designed to allow for adequate queuing without blocking the
commercial centers internal circulation aisles, parking aisles, or parking spaces.
3. That the site for the proposed conditional use is adequate in size and shape to
17 accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas,
landscaping and other development features prescribed in this code and required by the
18 planning director, planning commission or city council, in order to integrate the use with
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
20 utilizes a building design element to pass under with planters and landscaping to
screen and separate the drive-thru lane from the parking lot, drive aisles, and
21 Rancho Santa Fe Road.
22 4. That the street system serving the proposed use is adequate to properly handle all traffic
-, generated by the proposed use, in that the vehicle trips were analyzed in EIR 01-02
and that the La Costa Town Square Shopping Center has an adequate circulation
24 system and all public rights-of way will be in place to accommodate the drive thru.
The project will provide directional signage and arrows in the parking lot to guide
25 drive-up users to the lane and is designed with sufficient stacking to avoid impacting
the internal circulation system.
6/:
5. The project is consistent with the City wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 11 and all City public facility policies and
28 ordinances. The project includes elements or has been conditioned to construct or provide
funding to ensure that all facilities and improvements regarding sewer collection and
treatment; water; drainage; circulation; fire; schools; parks and other recreational
PCRESONO. 6591 -2-
facilities; libraries; government administrative facilities; and open space, related to the
2 project will be installed to serve new development prior to or concurrent with need.
3 6. 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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. <- 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
5 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 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
11 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
12 revoke or modify all approvals herein granted; deny or further condition issuance of all
13 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
14 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
15 or a successor in interest by the City's approval of this Conditional Use Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
11 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
18 shall occur substantially as shown on the approved Exhibits. Any proposed 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.
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4. If any condition for construction of any public improvements or facilities, or the payment
22 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
24 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
26 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, directly
28 or indirectly, from (a) City's approval and issuance of this Conditional Use Permit,
(b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
PCRESONO. 6591 -3-
(c) Developer/Operator's installation and operation of the facility permitted hereby,
2 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
3 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.4
,. 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
7 copy of the Site Plan reflecting the conditions approved by the final decision-making
body.8 y
o 8. 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
10 format (including any applicable Coastal Commission approvals).
11 9. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Encinitas Union Elementary and San Dieguito Union High School
District that this project has satisfied its obligation to provide school facilities.
13 10. This project shall comply with all conditions and mitigation measures which are required
14 as part of the Zone 11 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
,,- 11. This approval is granted subject to certification of EIR 01-02 and the approval of GPA
01-02, MP 149(R), LFMP 87-ll(C), CT 01-09, PUD 08-09, HDP 01-05, and SDP 01-
17 04, and is subject to all conditions contained in Planning Commission Resolutions No.
6577, 6578, 6579, 6580, 6581, 6585, 6586, and 6588 for those other approvals
18 incorporated herein by reference.
12. This approval shall become null and void if building permits are not issued for this
20 project within 36 months from the date of final map recordation of CT 01-09.
21 13. 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
22 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.
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14. 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
2" Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
27 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
28 approval will not be consistent with the General Plan and shall become void.
PCRESONO. 6591 -4-
15. Developer shall submit to the Gity a Notice of Restriction executed by the owner of the
2 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
3 parties and successors in interest that the City of Carlsbad has issued a(n) Conditional
Use Permit by Resolution No. 6591 on the property. Said Notice of Restriction shall
4 note the property description, location of the file containing complete project details and
t- 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
6 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.
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16. CUP 08-01 shall be reviewed by the Planning Director annually to determine if all
conditions of this permit have been met and that the use does not have a substantial
n negative effect on surrounding properties or the public health, safety and general welfare.
If the Planning Director determines that: 1) the Conditional Use Permit was obtained by
10 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
11 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
been suspended for one year or more; or 5) the use is in violation of any statute,
13 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
14 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
1 ^ heard, the Planning Commission may revoke and terminate the Conditional Use Permit in
, s whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose
new conditions.
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17. This Conditional Use Permit is granted without an expiration date. This permit may be
18 revoked at any time after a public hearing, if it is found that the use has a substantial
detrimental effect on surrounding land uses and the public's health and welfare, or the
conditions imposed herein have not been met.
20 18. Developer shall submit and obtain Planning Director approval of a Final Landscape and
21 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City's Landscape Manual. Developer shall construct and install all landscaping as
22 shown on the approved Final Plans, and maintain all landscaping in a healthy and
_. thriving condition, free from weeds, trash, and debris.
24 19. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plancheck process on file in the Planning Department and accompanied by the
25 project's building, improvement, and grading plans.
96 Code Reminders:
27 20. Developer shall pay a landscape plancheck and inspection fee as required by Section
28 20.08.050 of the Carlsbad Municipal Code.
PCRESONO. 6591 -5-
21. Approval of this request shall not excuse compliance with all applicable sections of the
2 Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
3 22. The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the California Building Code.
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<- 23. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
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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
. 1 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
12 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
13 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
16 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
17 expired.
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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
MARTELT B. MONTGOMERY, CWrperson
CARLSBAD PLANNING COMMMSION
ATTEST:
DON NEU
Planning Director
PCRESONO. 6591 -7-