HomeMy WebLinkAbout2013-06-05; Planning Commission; Resolution 6983
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A SITE DEVELOPMENT PLAN (SDP 09-04)
FOR THE DEMOLITION, RECONFIGURATION, AND/OR
RECONSTRUCTION OF APPROXIMATELY 225,631 SQUARE
FEET OF EXISTING GROSS LEASABLE AREA OF
REGIONAL SHOPPING CENTER USES WITHIN THE
EXISTING PLAZA CAMINO REAL SHOPPING CENTER
GENERALLY LOCATED WEST OF EL CAMINO REAL AND
BISECTED BY MARRON ROAD IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: WESTFIELD CARLSBAD
CASE NO.: SDP 09-04
WHEREAS, Plaza Camino Real, LP, and CMF PCR, LLC, “Developer” has
filed a verified application with the City of Carlsbad regarding property owned by the City of
Carlsbad, Plaza Camino Real, LP, and CMF PCR, LLC “Owner,” described as
Lots 1-9, 12, and 13, inclusive, of Carlsbad Tract No. CT 76-18
(Plaza Camino Real Shopping Center) in the City of Carlsbad,
County of San Diego, State of California, according to map thereof no. 8956, filed in the Office of the County Recorder of
San Diego County, August 11, 1978
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan as shown on Exhibits “A - UU” dated June 5, 2013, on file in the Planning Division,
WESTFIELD CARLSBAD – SDP 09-04 as provided by the Westfield Carlsbad Specific
Plan (SP 09-01); and
WHEREAS, the Planning Commission did, on June 5, 2013, 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.
PLANNING COMMISSION RESOLUTION NO. 6983
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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 RECOMMENDS APPROVAL of WESTFIELD CARLSBAD –
SDP 09-04 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 Westfield Carlsbad is the redevelopment of an existing
developed regional shopping center (i.e., Plaza Camino Real) and that the proposed
project is consistent with the design guidelines and development standards of the
Westfield Carlsbad Specific Plan, which as discussed in the staff report, is consistent
with the various elements and objectives of the General Plan. Furthermore,
mitigation required by the Westfield Carlsbad Specific Plan/Site Development Plan
Project Final Environmental Impact Report (EIR 09-02) will reduce potentially
significant impacts to below significant levels, which will ensure compatibility with its surroundings.
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the project has been designed to accommodate all parking on site; includes safe
and efficient internal circulation for both pedestrians and vehicles; and incorporates
all of the required development standards of the Westfield Carlsbad Specific Plan to
ensure compatibility of the project with its surroundings.
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 of the required
development standards and design guidelines of the Westfield Carlsbad Specific
Plan; including but not limited to, providing increased setbacks and landscaping
along the El Camino Real and Marron Road frontages; integrating enclosed service areas into the building design to conceal delivery areas, trash receptacles, and
storage of supplies; screening roof and/or ground-mounted mechanical equipment
from public view and right-of-ways, including the screening of parking areas
through a combination of informal landscaping and landscaped berms; and
improving the existing site entries leading into the shopping center with detailed
landscaping, enhanced hardscape features, and new pedestrian walkways and lighting that will assist in orienting the existing shopping center with its
surroundings in a safe and visually appealing manner.
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4. That the street system serving the proposed uses is adequate to properly handle all traffic
generated by the proposed use, in that mitigation required by the Westfield Carlsbad
Specific Plan/Site Development Plan Project Final Environmental Impact Report (EIR 09-02) and Mitigation Monitoring and Reporting Program will reduce
potentially significant traffic impacts to below significant levels.
5. That the design of project is not likely to cause serious public health problems, and the
discharge of storm water from the project complies with current California Regional
Water Quality Control Board requirements and the City of Carlsbad Standard Urban
Stormwater Mitigation Plan (SUSMP) requirements, in that the developer has prepared
a preliminary Storm Water Management Plan to identify pollutants of concern and
incorporate best management practices to either avoid contact with storm water or filter pollutants to the maximum extent practicable; linear bioretention swales along
with pervious pavement and landscape islands are incorporated into the project
design for filtration of stormwater runoff and the project is conditioned to
incorporate Low Impact Design (LID) techniques.
6. The Planning Commission of the City of Carlsbad does hereby find:
a. it has reviewed, analyzed and considered Final EIR 09-02, the environmental impacts
therein identified for this project; the CEQA Findings; and the Program prior to
RECOMMENDING APPROVAL of the project;
b. the Final EIR 09-02, the CEQA Findings, and the Program have been prepared in
accordance with requirements of the California Environmental Quality Act, the State
EIR Guidelines and the Environmental Review Procedures of the City of Carlsbad;
and
c. they reflect the independent judgment of the City of Carlsbad Planning Commission.
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
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 shall occur 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.
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.
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,
(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 City Planner a reproducible 24” x 36” mylar copy of the
Site Plan reflecting the conditions approved by the final decision-making body.
7. Prior to the issuance of a building permit, the Developer shall provide proof to the
Building Division from the Carlsbad Unified School District that this project has
satisfied its obligation to provide school facilities.
8. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 1 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
9. Developer shall implement, or cause the implementation of, the Westfield Carlsbad
Specific Plan/Site Development Plan Project Final Environmental Impact Report
(EIR 09-02) and Mitigation Monitoring and Reporting Program.
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10. This approval is granted subject to the certification of the Westfield Carlsbad Specific
Plan/Site Development Plan Project Final Environmental Impact Report (EIR 09-
02) and Mitigation Monitoring and Reporting Program and the approval of the SP
09-01 and is subject to all conditions contained in Planning Commission Resolutions No.
6981 and 6982 for those other approval incorporated herein by reference.
11. 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.
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
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.
13. 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 1, 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. Prior to the issuance of a Grading Permit or Building Permit, whichever shall occur
first, 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
by Resolution No. 6983 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.
15. 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, except as modified by the Westfield Carlsbad Specific
Plan. 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.
16. 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.
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17. Developer shall provide bus stops to service this development at locations and with
reasonable facilities to the satisfaction of the North County Transit District and the City
Planner. Said facilities, if required, shall be free from advertising and shall at a minimum
include a bench and a pole for the bus stop sign. The facilities shall be designed to
enhance or be consistent with basic architectural theme of the project.
18. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
accordance with the requirements of Westfield Carlsbad Specific Plan, to the
satisfaction of the City Planner.
19. Developer shall submit and obtain City Planner approval of an exterior lighting plan
including parking areas. All lighting shall be designed to reflect downward and avoid any
impacts on adjacent homes or property.
20. Prior to occupancy of any leasable space within the reconstructed portion(s) of the
main mall building, all site improvements associated with SDP 09-04 shall be
completed to the satisfaction of the Carlsbad City Planner, Fire Marshal and City Engineer.
21. Developer shall provide for the installation of new bike racks at each entrance to the
Westfield Carlsbad shopping center and the NCTD Transit Center to the
satisfaction of the Carlsbad City Planner.
22. Developer shall submit and obtain City Planner approval of a sign program for the project showing conformance with the Westfield Carlsbad Specific Plan and City of
Carlsbad Sign Ordinance where applicable. All signs shall be constructed and
installed in accordance with the approved sign program.
Engineering:
General
23. 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.
24. No building expansion (net leasable area) shall extend into city-owned property
until Developer has obtained the necessary discretionary permits and has secured a
lease agreement (or other acceptable instrument) subject to approval by City
Council.
25. Developer shall maintain all proposed surface improvements (paving, curb, gutter,
landscaping, lighting, etc.), underground utility lines and water quality treatment control best management practices (Biofiltration swales, pervious concrete, etc.) as
shown on the proposed site plan.
. . .
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26. Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy of the
Site Plan, Proposed Site Plan, Preliminary Grading Plan, and Preliminary Utility
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.
27. Developer shall install sight distance corridors at all street and driveway intersections in
accordance with City Engineering Standards. The Developer shall maintain this
condition.
28. Prior to approval of Improvement or Grading Plans, developer shall submit to the city
engineer written approval from North County Transit District (NCTD) demonstrating
mass-transit improvement requirements for this project have been satisfied.
29. Prior to the issuance of building permits or grading permits (whichever comes first)
for any expansion area, Developer shall provide written correspondence from the
City of Oceanside acknowledging Developer has paid their fair-share contribution towards adaptive signals in accordance with the mitigation measure listed in the
Environmental Impact Report for this project to the satisfaction of the City
Engineer.
Fees/Agreements
30. Developer shall execute and submit a Geologic Failure Hold Harmless Agreement (or
other acceptable instrument) in a form acceptable to the city engineer and city attorney.
31. Developer shall execute and submit a Drainage Hold Harmless Agreement (or other
acceptable instrument) in a form acceptable to the city engineer and city attorney.
32. Developer shall execute and submit a Permanent Stormwater Quality Best Management
Practice Maintenance Agreement in a form acceptable to the city engineer and city
attorney.
33. Prior to approval of any grading or building permits for this project, developer shall cause
owner to give written consent to the city engineer for the annexation of the area shown
within the boundaries of the Site Plan into the existing City of Carlsbad Street Lighting
and Landscaping District No. 1 and/or to the formation or annexation into an additional
Street Lighting and Landscaping District. Said written consent shall be on a form
provided by the city engineer.
Grading
34. Based upon a review of the proposed grading and the grading quantities shown on the
Site Plan, a grading permit for this project is required. Developer shall prepare and
submit plans and technical studies/reports for city engineer review, post security and pay
all applicable grading plan review and permit fees per the city’s latest fee schedule.
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35. 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.
36. Prior to the issuance of a grading permit, developer shall submit to the city engineer
receipt of a Notice of Intent from the State Water Resources Control Board.
37. Prior to the issuance of grading permit or building permit, whichever occurs first,
developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan
(TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and
provisions established by the San Diego Regional Water Quality Control Board and City
of Carlsbad Requirements. The TIER 3 SWPPP shall identify and incorporate measures
to reduce storm water pollutant runoff during construction of the project to the maximum
extent practicable. Developer shall pay all applicable SWPPP plan review and inspection
fees per the city’s latest fee schedule.
38. 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.
39. Developer acknowledges the regional Water Quality Control Board is proposing to issue
an updated Municipal Permit for the San Diego region in early 2013. The new Municipal
Permit updates the stormwater requirements on how projects treat and/or retain storm
runoff. During final design, developer shall demonstrate compliance with the storm
water requirements in effect at issuance of grading permit, to the satisfaction of the city
engineer.
40. 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.
41. 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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Dedications/Improvements
42. Prior to issuance of grading or building permits associated with the mall renovation,
all parking lot improvements and public/private utility infrastructure as shown on the Site Plan, shall be designed, processed and approved to the satisfaction of the
city engineer with security posted.
43. Developer shall design the private drainage systems, as shown on the Site Plan, to city
standards all to the satisfaction of the city engineer. All private drainage systems (12”
diameter storm drain and larger) shall be inspected by the city. Developer shall pay the
standard improvement plan check and inspection fees for private drainage systems.
44. Developer shall prepare and process public improvement plans and, prior to city engineer
approval of said plans, shall execute a city standard Development Improvement
Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070
for public improvements shown on the Site Plan. Said improvements shall be installed to
city standards to the satisfaction of the city engineer. These improvements include, but
are not limited to:
a. Proposed and/or realigned public sewer, potable water, and fire hydrants
as shown on the preliminary utility plan.
b. Proposed private storm drain improvements as shown on the preliminary utility plan.
Developer shall pay the standard improvement plan check and inspection fees.
Improvements listed above shall be constructed within 36 months of approval of the
subdivision or development improvement agreement or such other time as provided in
said agreement.
45. Developer shall design, and obtain approval from the city engineer, the structural section
for the access aisles with a traffic index of 5.0 in accordance with city standards due to
truck access through the parking area and/or aisles with an ADT greater than 500. Prior to
completion of grading, the final structural pavement design of the aisle ways shall be
submitted together with required R-value soil test information subject to the review and
approval of the city engineer.
Utilities
46. 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.
47. The developer shall design and construct public water, sewer, and recycled water
facilities substantially as shown on the Site Plan to the satisfaction of the district engineer
and city engineer.
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48. 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.
49. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges
for connection to public facilities.
50. 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 division
for processing and approval by the district engineer.
51. 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.
52. 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.
53. The developer shall provide separate potable water meters to the satisfaction of the
district engineer.
Code Reminders:
54. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as
required by Council Policy No. 17.
55. Prior to the issuance of a building permit, Developer shall pay the Local Facilities
Management fee for Zone 1 as required by Carlsbad Municipal Code Section 21.90.050.
56. Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
57. 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.
58. The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the California Building Code.
59. 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
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
armul 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 plarming,
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 plarming
Commission of the City of Carlsbad, California, held on June 5, 2013, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
Commissioners Anderson, Black, L'Heureux, Schumacher, Scully
and Segall
Chairperson Siekmarm
23 KERRY K. SIEKMANN, Chairperson
CARLSBAD PLANNING COMMISSION
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ATTEST:
({L~
DONNEU
City Planner
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