HomeMy WebLinkAbout2012-11-07; Planning Commission; Resolution 6921
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE DEVELOPMENT PLAN AMENDMENT SDP 90-05 (G) TO ALLOW FOR A 2,816 SQUARE FOOT EXPANSION TO AN
EXISTING 5,263 SQUARE FOOT COMMERCIAL BUILDING
FORMERLY OCCUPIED BY PAT & OSCAR’S AND THE
CONSTRUCTION OF A 7,621 SQUARE FOOT FREESTANDING COMMERCIAL BUILDING ON A 1.75-ACRE PARCEL GENERALLY LOCATED ON THE
SOUTHWEST CORNER OF PALOMAR AIRPORT ROAD
AND ARMADA DRIVE WITHIN THE MELLO II SEGMENT
OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: PALOMAR PLACE RETAIL CENTER
CASE NO.: SDP 90-05(G)
WHEREAS, MERI Palomar Place, LLC, “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by Oscar’s Carlsbad, LLC,
“Owner,” described as
Parcel 1 of Parcel Map 17542 in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, June 27, 1995
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan Amendment as shown on Exhibits “A” – “I” dated November 7, 2012, on file in the
Planning Division, PALOMAR PLACE RETAIL CENTER – SDP 90-05(G) as provided by
Chapter 21.06 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on November 7, 2012, hold a duly
noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Site Development Plan Amendment.
PLANNING COMMISSION RESOLUTION NO. 6921
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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
Commission APPROVES PALOMAR PLACE RETAIL CENTER – SDP 90-05(G) based on the following findings and subject to the following conditions:
Findings:
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:
a. The request use is necessary and desirable for the development of the
community in that the retail and restaurants will provide a service for the residential, tourist and business communities;
b. The project is in harmony with various elements and objectives of the General Plan in that the Regional Commercial (R) land use designation encourages
convenient services that may be associated with a regional commercial center
such as the existing Costco shopping center;
c. The project is not detrimental to existing uses or to uses specifically permitted in the zone in that the proposal does not produce any on-site parking or circulation impacts to the Costco center and the project is consistent with the development
standards of the General Commercial, Qualified Development Overlay and
Commercial/Visitor-Serving Overlay Zones which ensures the project’s compatibility with the community; and
d. The project will not adversely impact the traffic circulation in that the parking lot has been designed to align with the circulation pattern of the Costco center.
In addition, the proposed project will generate less traffic (1,056 ADT) than the
previous restaurant use (1,128 ADT) and will not impact the levels of service of
the surrounding roadways and key intersections to an unacceptable level.
2. That the site for the intended use is adequate in size and shape to accommodate the use,
in that the 1.75-acre site can accommodate the proposed retail center without
disrupting the existing internal circulation of the shopping center, encroaching into
the required setbacks, or reducing the parking below that which is required by the Zoning Ordinance.
3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that the project complies with all development standards
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required by the General Commercial, Qualified Development (C-2-Q) and Commercial/Visitor-Serving Overlay Zones, the roof equipment has been
adequately screened from public view, and adequate landscape buffers have been
provided around the building and parking lot.
4. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the traffic impacts of the proposed retail center,
1,056 ADT, are less than the previous restaurant use which generated 1,128 ADT,
and will not impact the levels of service of the surrounding roadways and key
intersections to an unacceptable level. 5. The project is consistent with the adopted McClellan-Palomar Airport Land Use
Compatibility Plan (ALUCP adopted January 25, 2010, amended March 4, 2010) in that:
a. The project site is located within the 60-65 dB CNEL noise exposure range per Exhibit III-1 - Compatibility Policy Map: Noise. Pursuant to Table III-1, the proposed retail and restaurant uses are considered to be compatible uses within this range;
b. The project site is not located within a Safety Zone per Exhibit III-2 - Compatibility Policy Map: Safety; therefore, there are no restrictions with respect to the use or floor area;
c. The project site is located within the 481′ MSL horizontal surface elevation
contour of Exhibit III-3 – Compatibility Policy Map: Part 77 Airspace Protection. The proposed finished floor elevation of each of the buildings, 78.5′ and 79.98’ above MSL, will not penetrate the 481′ MSL horizontal surface elevation contour of the Part 77 Airspace Protection Map;
d. The project site is located within the Overflight Notification Area per Exhibit III-4 – Compatibility Policy Map. However, as the proposed land use is nonresidential, the recordation of an overflight notification document is not required;
e. The project site is located outside of the Avigation Easement Area but within the Overflight Notification Area per Exhibit III-6 – Compatibility Policy Map. However, as indicated in 5(d) above, as the proposed land use is nonresidential, the recordation of an overflight notification document is not required;
f. The project site is located within Review Area #1 of the Airport Influence Area
per Exhibit III-5 – Compatibility Policy Map: Airport Influence Area. Review Area 1 of the Airport Influence Area consists of locations where noise and/or safety concerns may necessitate limitations on the types of allowable land uses.
In addition, Review Area 1 encompasses locations exposed to aircraft noise levels
of 60 dB CNEL or greater. As discussed above in subsections a-d, the proposed
indoor and outdoor uses are considered compatible and no restrictions or special requirements are required; and
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g. As the proposed project does not involve a change in land use designation or zoning, no additional review for consistency with the ALUCP is required.
6. That the City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15332, Infill Development
Projects, of the state CEQA Guidelines. In making this determination, the City Planner
has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project.
7. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 5 and all City public policies and 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 facilities; libraries; government administrative facilities; and open space, related to the project will be
installed to serve new development prior to or concurrent with need. Specifically,
a. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit.
b. The Local Facilities Management fee for Zone 5 is required by Carlsbad Municipal
Code Section 21.90.050 and will be collected prior to issuance of building permit.
c. A growth management fee of $0.40 per square foot of non-residential 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.
8. That the project is consistent with the City’s Landscape Manual and Water Efficient
Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50).
9. 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
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.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
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
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
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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
Amendment.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Plan Amendment 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. 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.
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
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. 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
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 Site Development Plan Amendment, (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,
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.
6. Developer shall submit to the Planning Division a reproducible 24” x 36” mylar copy of the Site Plan reflecting the conditions approved by the final decision-making body.
7. 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
format (including any applicable Coastal Commission approvals).
8. Prior to the issuance of a building permit, the Developer shall provide proof to the City
Planner from the School District that this project has satisfied its obligation to provide
school facilities.
9. 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 Plan prior to the issuance of building permits, including, but not limited to the
following:
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a. A growth management park fee of 40 cents per square foot of non-residential development required by Local Facilities Management Plan 5 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.
10. Approval of SDP 90-05(G) supplements the approvals of SDP 90-05, SDP 90-05(A),
SDP 90-05(B), SDP 90-05(C), SDP 90-05(D), SDP 90-05(E), and SDP 90-05(F). All
conditions of approval of Planning Commission Resolutions No. 3209, 3913, 4065, 4143, 4454, 4792, and 4781, dated April 3, 1991; April 3, 1996; March 19, 1997; August 6, 1997; January 20, 1999; July 19, 2000 and June 7, 2000, respectively, shall remain in effect except as modified herein.
11. Any internal or external illumination of the tower shall be on a timer such that the lighting is turned off at 10:00 p.m.
12. This approval is granted subject to the approval of Conditional Use Permit CUP 12-08
and Coastal Development Permit CDP 12-14 and is subject to all conditions contained
in Planning Commission Resolutions No. 6922 and 6923 for those other approvals incorporated herein by reference.
13. This approval shall become null and void if building permits are not issued for this
project within 24 months from the date of project approval.
14. 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.
15. 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
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 5, 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.
16. Prior to the issuance of the building 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 City
Planner, notifying all interested parties and successors in interest that the City of Carlsbad
has issued a Site Development Plan Amendment, Conditional Use Permit and Coastal Development Permit by Resolutions No. 6921, 6922, and 6923 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
conditions or restrictions specified for inclusion in the Notice of Restriction. The City
Planner 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.
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17. Developer shall submit and obtain City Planner approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City’s Landscape Manual. Developer shall construct and install all landscaping and
irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant
growth without causing soil erosion and runoff.
18. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Division and accompanied by the project’s building, improvement, and grading plans.
19. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Director of Community Development and the City Planner.
20. No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
When so required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner of an Outdoor Storage Plan, and thereafter comply with the approved plan.
Engineering:
Note: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of a building or
grading permit whichever occurs first.
General 21. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, developer shall apply for and obtain approval from, the city engineer
for the proposed haul route.
22. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the district engineer has
determined that adequate water and sewer facilities are available at the time of permit
issuance and will continue to be available until time of occupancy.
23. Developer shall submit to the city planner, a reproducible 24" x 36" mylar copy of the site plan and conceptual grading/drainage plan, reflecting the conditions approved by the
final decision making body. The reproducible shall be submitted to the city planner,
reviewed and, if acceptable, signed by the city's project engineer and project planner
prior to submittal of the building plans, improvement plans, grading plans, or final map,
whichever occurs first.
. . .
. . .
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Fees/Agreements
24. Developer shall cause property owner to submit an executed copy to the city engineer for
recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement.
Grading
25. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a minor grading permit for this project is required. Developer shall process grading plans via the building permit process. Technical studies/reports may be required
subject to the city engineer’s review. Developer shall pay all applicable grading plan
check and permit fees per the city’s latest fee schedule.
26. 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 control practices or devices, erosion control to prevent silt
runoff during construction, general housekeeping practices, pollution prevention and
educational practices, maintenance procedures, and other management practices or 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.
27. Developer shall complete and submit to the city engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, developer shall also submit the appropriate Tier level Storm Water Compliance form and
appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by
the completed PTAF all to the satisfaction of the city engineer. Developer shall pay all
applicable SWPPP plan review and inspection fees per the city’s latest fee schedule. 28. This project is subject to ‘Priority Development Project’ requirements. Developer shall
prepare and process a Storm Water Management Plan (SWMP), subject to city engineer
approval, to demonstrate how this project meets new/current storm water treatment
requirements per the city’s Standard Urban Storm Water Management Plan (SUSMP), latest version. In addition to new treatment control BMP selection criteria in the SUSMP, the developer shall use low impact development (site design) approaches to
ensure that runoff from impervious areas (roofs, pavement, etc.) are drained through
landscaped (pervious) areas prior to discharge. Developer shall pay all applicable
SWMP plan review and inspection fees per the city’s latest fee schedule.
29. Developer is responsible to ensure that all final design plans (grading plans, improvement
plans, landscape plans, building plans, etc.) incorporate all source control, site design,
treatment control BMP, applicable hydromodification measures, and Low Impact Design
(LID) facilities.
30. Developer shall submit documentation, subject to city engineer approval, demonstrating
how this project complies with hydromodification requirements per the city’s SUSMP,
latest version. Documentation shall be included within the Storm Water Management
Plan (SWMP).
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Utilities
31. Developer shall meet with the fire marshal to determine if fire protection measures (fire
flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the district engineer.
32. Developer shall design and construct public facilities within public right-of-way or
within minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the discretion of the district or city engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes.
33. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges
for connection to public facilities. 34. The developer shall design landscape and irrigation plans utilizing recycled water as a
source and prepare and submit a colored recycled water use map to the Planning
Department for processing and approval by the district engineer.
35. Developer shall install potable water and/or recycled water services and meters at locations approved by the district engineer. The locations of said services shall be
reflected on public improvement plans.
36. The developer shall install sewer laterals and clean-outs at locations approved by the city engineer. The locations of sewer laterals shall be reflected on public improvement plans.
Fire:
37. Automatic fire sprinklers and a fire alarm system are required. Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following: 38. Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
39. 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.
40. The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the California Building Code.
41. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
. . .
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42. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and
Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily
Trips (ADT) and floor area contained in the staff report and shown on the site plan are for
planning purposes only. 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.
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