HomeMy WebLinkAbout2013-08-07; Planning Commission; Resolution 6995
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
DEVELOPMENT PLAN AMENDMENT SDP 01-04(A) TO
ALLOW FOR THE PROVISION OF COMMON PARKING
FACILITIES IN LIEU OF INDIVIDUAL USE PARKING
REQUIREMENTS AND APPROVE AN 8.3 PERCENT
PARKING REDUCTION WITHIN THE LA COSTA TOWN
SQUARE SHOPPING CENTER GENERALLY LOCATED ON
THE NORTHEASTERLY CORNER OF LA COSTA AVENUE
AND RANCHO SANTA FE ROAD IN NEIGHBORHOOD 13A
OF THE LA COSTA MASTER PLAN AND IN LOCAL
FACILITIES MANAGEMENT ZONE 11.
CASE NAME: LA COSTA TOWN SQUARE
CASE NO.: SDP 01-04(A)
WHEREAS, Property Development Centers, “Developer/“Owner,” has filed a
verified application with the City of Carlsbad regarding property described as
Parcel 4 of Carlsbad Minor Subdivision 04-08, in the City of
Carlsbad, County of San Diego, State of California, according
to map thereof no. 20982, filed in the Office of the County
Recorder of San Diego, July 11, 2012 as file number 2012-
0402964
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan Amendment as shown on Exhibit “A” - dated August 7, 2013, on file in the Planning
Division, LA COSTA TOWN SQUARE – SDP 01-04(A) as provided by Chapter 21.06 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on August 7, 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 Amendment; and
PLANNING COMMISSION RESOLUTION NO. 6995
PC RESO NO. 6995 -2-
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WHEREAS, on September 15, 2009, the City Council approved, LA COSTA
TOWN SQUARE – SDP 01-04, as described and conditioned in Planning Commission
Resolution No. 6588.
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 LA COSTA TOWN SQUARE – SDP 01-04(A)
based on the following findings and subject to the following conditions:
Findings:
1. That the requested use:
a) is properly related to the site, surroundings and environmental settings in that the
designated courtyards and plazas under construction are consistent with the
various elements and objectives of the General Plan in that the location and site
design of the La Costa Town Square shopping center was approved to serve the neighboring residential neighborhoods and to encourage nearby residents
to walk to the center consistent with the General Plan Land Use Element; and
b) will not be detrimental to existing uses or to uses specifically permitted in the area
in which the proposed use is to be located in that the designated courtyards and
plazas are an integral part of the La Costa Town Square shopping center and
are necessary for its success as a pedestrian destination and as such will
require fewer parking spaces; and
c) will not adversely impact the site, surroundings or traffic circulation in that the La
Costa Town Square shopping center location and design was approved to
encourage the use of outdoor common facilities such as courtyards and plazas;
and, there are multiple uses within the scope of the La Costa Town Square
shopping center that will have common customers and therefore use common
parking facilities. Approval of the Site Development Plan Amendment will allow tables and chairs to be located in proposed common courtyards and
plazas, thereby strengthening the intent of creating a pedestrian focused
environment.
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the courtyards and plazas proposed with tables and chairs will only be allocated
to those designated spaces, therefore, the reduction in parking will not have a
physical impact on the property or improvements.
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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 courtyards and plazas were previously approved
and are under construction and the addition of tables and chairs will enable these
outdoor spaces to be more usable.
4. That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the application of the common parking facilities
provision of the Parking Ordinance and allowing an 8.3% parking reduction in required parking on the site will not create an increase in traffic generation and will
therefore not have a greater impact on the surrounding street system than what was
previously analyzed in the La Costa Town Square certified Environmental Impact
Report (EIR 01-02) because the outdoor courtyards and plazas will be used by
customers who will likely patronize more than one shop or restaurant during a
single visit. Parking and site circulation will not be impacted.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to occupancy of
any onsite building.
1. All conditions of City Council Resolution No. 2009-232 and Planning Commission
Resolution No. 6588 remain in effect and are incorporated herein by reference
except Condition No. 21 of Planning Commission Resolution 6588 which is replaced by condition number 2 below.
2. Developer shall construct, install and strip the requisite number of parking stalls for
each phase and not less than 1,342 parking spaces at project buildout.
3. 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
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.
4. 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.
5. 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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6. 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.
7. 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.
8. 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.
9. 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.
10. 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 11, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
11. 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 by Resolution No. 6995 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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NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad
Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the
Planning Commission’s decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section
21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council
must make a determination on the appeal prior to any judicial review.
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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PASS ED, APPROVED, AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on August 7, 2013, by the following vote,
to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Siekmann, Commissioner Black, Commissioner
L'Heureux, Commissioner Schumacher, Commissioner Scully aod
Commissioner Segall
Commissioner Anderson
~1\s~~
KERRY K. SIEKMANN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DONNED
City Plarmer
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