HomeMy WebLinkAbout2009-07-15; Planning Commission; Resolution 65881 PLANNING COMMISSION RESOLUTION NO. 6588
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF SITE DEVELOPMENT PLAN SDP 01-04 TO
4 CONSTRUCT A LOCAL SHOPPING CENTER PROJECT OF
, 284,400 SQUARE FEET ON PROPERTY GENERALLY
LOCATED NORTHERLY AND EASTERLY OF THE LA
6 COSTA AVENUE AND RANCHO SANTA FE ROAD
INTERSECTION IN THE SOUTHEAST QUADRANT OF THE
7 CITY IN LOCAL FACILITIES MANAGEMENT ZONE 11.
CASE NAME: LA COSTA TOWN SQUARE
8 COMMERCIAL
9 CASE NO.: SDP 01-04
10 WHEREAS, La Costa Town Square, LLC, "Developer/Owner," has filed a
11 verified application with the City of Carlsbad regarding property described as
12 A portion of Section 31, Township 12 South and a portion of
13 Section 6, Township 13 South, Range 4 West, San Bernardino
Meridian, together with portions of Lots 4 and 5 of Rancho Las
14 Encinitas according to Map thereof No 848, in the City of
Carlsbad, County of San Diego, State of California
16 ("the Property"); and
17 WHEREAS, said verified application constitutes a request for a Site Development
18 Plan as shown on Exhibits "A" - "LL" for CT 01-09 dated July 1, 2009, on file in the Planning
19 Department, LA COSTA TOWN SQUARE COMMERCIAL - SDP 01-04 as provided by
20 Chapter 21.06/Section 21.53.120 of the Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did, on July 1, 2009 and July 15, 2009,
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hold a duly noticed public hearing as prescribed by law to consider said request; and
24 WHEREAS, at said public hearing, upon hearing and considering all testimony
25 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
2" relating to the Site Development Plan.
27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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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 RECOMMENDS APPROVAL of LA COSTA TOWN
SQUARE COMMERCIAL - SDP 01-04 based on the following findings and
3 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
7 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, except for monument signs, and that the
10 project is consistent with and implements the Local Shopping Center General Plan
Land Use designation and the La Costa Master Plan which identifies the site as a
11 Local Commercial shopping center site. The proposed commercial use is compatible
with the proposed adjacent office and existing commercial development and
12 adjacent existing and proposed residential uses as adequate separation in the form
of open space and a Circulation Element roadway are provided.
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 commercial development
15 while complying with all setback, lot coverage, parking, and height development
standards, except for the additional monument sign request.
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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 has been designed in accordance with all
development and design standards of the La Costa Master Plan and Title 21;
19 therefore, the project is compatible with existing permitted and future uses.
Further, the proposed commercial project will be setback from La Costa Avenue
and Rancho Santa Fe Road a minimum of 50 feet and adequate circulation, access
aisles, parking spaces, and landscaping will be provided and maintained. The
project has requested structures over 45 feet in height and has provided the
22 increased landscaped setbacks to allow buildings up to 55 feet in height.
23 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
24 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
26 generated by this project.
27 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).
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6. 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
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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:
4 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
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 Site Development Plan.
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Staff is authorized and directed to make, or require the Developer to make, all corrections
12 and modifications to the Site Development Plan documents, as necessary to make them
, T 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,
14 different from this approval, shall require an amendment to this approval.
15 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of final map recordation.16
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
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 Site Development Plan,
24 (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
26 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.
28 6. Developer shall implement, or cause the implementation of, the La Costa Town Square
EIR 01-02 Project Mitigation Monitoring and Reporting Program.
PCRESONO. 6588 -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.
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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).
5 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
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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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, and HDP 01-05 and is
subject to all conditions contained in Planning Commission Resolutions No. 6577, 6578,
6579, 6580, 6581, 6585, 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 01-09.15
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
17 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
18 facilities will continue to be available until the time of occupancy.
19 14. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
2Q #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
21 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
22 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.
24 15. 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
25 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
2" Development Plan by Resolution No. 6588 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
28 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.
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16. Developer shall submit and obtain Planning Director approval of a Final Landscape and
2 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City's Landscape Manual. Developer shall construct and install all landscaping as
3 shown on the approved Final Plans, and maintain all landscaping in a healthy and
thriving condition, free from weeds, trash, and debris.4
r 17. 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
6 project's building, improvement, and grading plans.
7 18. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high
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
o Director. Enclosure shall be of similar colors and/or materials to the project to the
satisfaction of the Planning Director.
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19. No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
11 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
approved plan.
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20. Developer shall submit and obtain Planning Director approval of an exterior lighting plan
14 including parking areas. All lighting shall be designed to reflect downward and avoid
any impacts on adjacent homes or property.
, /- 21. Developer shall construct, install, and stripe the requisite number of parking stalls for
each phase and not less than 1,422 parking spaces at project buildout.
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22. The buildings shall be designed and built to accommodate solar energy by installing
IB conduits, providing space for roof mounted photo voltaic panels and space in
equipment rooms for power converters.
20 23. Prior to the issuance of any commercial building permits, the Developer shall
consult with the City of Carlsbad Library Director to determine the feasibility for a
21 library drop box to be located on the Commercial site. If determined to be feasible,
the Developer shall install a library drop box of a design to the satisfaction of the
22 Library Director and at a location to the satisfaction of the Planning Director and
»., City Engineer. The Developer shall install the drop box prior to the occupancy of
any commercial building.
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24. Prior to Building permit issuance, the Developer shall show on the building plans
25 architecturally integrated roof top screens to conceal mechanical equipment and the
roof tops of buildings from offsite residential views to the satisfaction of the
26 Directors of Community Development and Planning. The roof top screens shall be
27 installed on each building requiring such screening prior to the occupancy of the
commercial building.
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Code Reminders:
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25. Developer shall pay a landscape plancheck and inspection fee as required by Section
3 20.08.050 of the Carlsbad Municipal Code.
26. Approval of this request shall not excuse compliance with all applicable sections of the
r Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
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27. The project shall comply with the latest disabled access requirements pursuant to Title 24
7 of the California Building Code.
o 28. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
9 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
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:
Commissioners Baker, Boddy, Douglas, L'Heureux, Nygaard, and
Chairperson Montgomery
AYES:
NOES:
ABSENT:
ABSTAIN: Commissioner Dominguez
MARTELT B. MONT
CARLSBAD PLANN
ATTEST:
rperson
'SIGN
DON NEU
Planning Director
PCRESONO. 6588 -7-