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HomeMy WebLinkAbout2001-12-05; Planning Commission; Resolution 50801 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5080 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE DEVELOPMENT PLAN SDP 00-10 FOR A NEW 265,000 SQUARE FOOT RETAIL COMMERCIAL CENTER ON PROPERTY GENERALLY LOCATED SOUTH AND EAST OF CALLE BARCELONA AND WEST OF EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 23 CASE NAME: THE PAVILION CASE NO.: SDP 00-10 WHEREAS, Thomas Enterprises, Inc, “Developer and Owner,” has filed a verified application with the City of Carlsbad regarding property described as Lot 4 of City of Carlsbad Tract No. 92-08, Green Valley, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 13997, as filed iu the office of the County Recorder of San Diego County, dated July 10,200O as file No. 2000-362589. (“the Property”); and WHEREAS, said verified application constitutes a request for a Site Development Plan as shown on Exhibits “A” - “Tn dated December 5, 2001, on file in the Planning Department, THE PAVILION - SDP 00-10 as provided by Chapter 21.06/Section 21.53.120 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 5th day of December, 2001, 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 tdbe heard, said Commission considered all factors relating to the Site Development Plan. 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 THE PAVILION - SDP 00-10 based on the following findings and subject to the following conditions: Findinps: 1. 2. 3. 4. 5. 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 the project was anticipated by the Green Valley Master Plan which designated the site for Community Commercial use and also determined the maximum intensity of development at 300,000 square feet. In designating the site as commercial, all surrounding development, undeveloped land and undevelopable land were considered for compatibility. The circulation system has been designed to accommodate the project specific ADT (18,613) by providing three locations on Calle Barcelona for ingress and egress. That the site for the intended use is adequate in size and shape to accommodate the use, in that landscaped setbacks have been provided from Calle Barcelona, all required parking and travel ways necessary for onsite automobile use have been provided, and the proposed development is smaller in size than what was anticipated by the Green Valley Master Plan. 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 proposed development establishes landscape areas, setbacks and other features through this Site Development Plan and as a condition of approval the developer will be required to maintain all aspects of the Site Development Plan as approved. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that Calle Barcelona has been constructed as a secondary arterial with an estimated capacity of 20,000 ADT which is greater than the estimated project ADT and the proposed development is conditioned to modify Calle Barcelona to increase turning movement volume into the site. The Planning Director has determined that A. The project is a subsequent activity of a project for which a program EIR was prepared, and a notice for the activity has been given, which includes statements that this activity is within the scope of the program approved earlier, and that the program EIR adequately describes the activity for the purposes of CEQA); [15168(c)(2) and(e)] B. This project is consistent with the project cited above; C. EIR 93-02 was certified in connection with the Green Valley Master Plan; PC BESO NO. 5080 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. 7. 8. 9. 10. 11. D. The project has no new significant environmental effect not analyzed as significant in the prior EIR, E. None of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15 162 or 15 163 exist. The Planning Commission finds that all feasible mitigation measures or project alternatives identified in the EIR 93-02 which are appropriate to this Subsequent Project have been incorporated into this Subsequent Project. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City’s General Plan, and Green Valley Master Plan based on the facts set forth in the staff report dated December 5,200l. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 23 and all City public facility 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. B. C. D. The project has been conditioned to provide proof from the Encinitas Union Elementary and San Dieguito Union High School Districts that the project has satisfied its obligation for school facilities. 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. Adequate drainage facilities are provided within the design of the project. West bound left turn lane improvements. will be constructed on Calle Barcelona. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City’s General Plan, based on the facts set forth in the staff report dated December 5,200l including, but not limited to the following: A. The project proposes commercial and office development consistent with the Land Use Element. B. The project accommodates a variety of transportation modes such as automobile, motorcycle, bicycle, and foot traffic consistent with the circulation element. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 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 PC BESO NO. 5080 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: 1. 2. 3. 4. 5. 6. Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of building permits. 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; 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. 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 be reviewed by the Planning Director and may be referred to Planning Commission as an amendment at his discretion. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 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. The 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 non- discretionary, 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. The Developer shall submit to the Planning Department a reproducible 24” x 36”, mylar copy of the Site Plan reflecting the conditions approved by the final decision making body. PC RESO NO. 5080 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. 8. 9. 10. 11. 12. 13. 14. 15. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Encinitas School District and the San Dieguito Union High School District that this project has satisfied its obligation to provide school facilities. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 23 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: A. Addition of a west bound dual left turn lane on Calle Barcelona. 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. The Developer shall include, as part of the plans submitted for any permit plan check, a reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing format. This approval is granted subject to the approval of CDP 00-37 and is subject to all conditions contained in 5081 for those other approvals. 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. If a grading permit is required, all grading activities shall be planned in units that can be completed by October 1st. Grading activities shall be limited to the “dry season”, April 1st to October 1st of each year. Grading activities may be extended to November 15th upon written approval of the City Engineer and only if all erosion control measures are in place by October 1st. Approval is granted for SDP 00-10 as shown on Exhibits “A” - “T”, dated December 5, 2001, on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions The Developer is aware that the City is preparing a non-residential housing impact fee (linkage fee) consistent with Program 4.1 of the Housing Element. The applicant is further aware that the City may determine that certain non-residential projects may have to pay a linkage fee, in order to be found consistent with the Housing Element of the General Plan. If a linkage fee is established by City Council ordinance and/or resolution and this project becomes subject to a linkage fee pursuant to said ordinance and/or resolution, then the Developer, or his/her/their successor(s) in interest shall pay the linkage fee. The linkage fee shall be paid at the time of issuance of building permits, except for projects involving a request for a non-residential planned development for an existing development, in which case, the fee shall be paid on approval of the final map, parcel map or certificate of compliance, required to process the non-residential PUD, whichever pertains. If linkage fees are required for this project, and they are not paid, this PC RESO NO. 5080 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16. 17. 18. 19. 20. 21. 22. project will not be consistent with the General Plan and approval for this project will become null and void. The Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. The landscape plan shall include all decorative hardscape, water features, pedestrian and bicycle facilities. The Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 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 #l 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 23, 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. Prior to the issuance of the building occupancy, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County 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 SDP 00-10 and CDP 00-37 by Resolutions No. 5080 and 5081 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 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. The 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 Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. 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 Planning Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. The Developer shall submit and obtain Planning Director 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. All lease space on the second floor of building one is restricted to office and other uses which do require more parking per Carlsbad Municipal Code Section 21.44.020 than one parking space for every 250 square feet of gross lease floor area. A note to this effect shall be placed on the Site Development Plan exhibits and reflected in a Notice of Restriction. PC RESO NO. 5080 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 23. 24. 25. 26. Compact parking spaces shall be located in large groups, and in locations clearly marked to the satisfaction of the Planning Director Developer shall construct, install and stripe not less than 1,276 parking spaces, as shown on Exhibits “B” and “C” dated December 5,200l The Pavilion. Alteration and/or replacement of existing store fronts shall be reviewed and approved by the Pavilion property manager and the City of Carlsbad Planning Director prior to the issuance of a building permit. Prior to the issuance of any sign permit, the applicant shall prepare and receive approval from the Planning Director of a comprehensive sign program. Enpineering Unless specifically stated in the condition, all of,the following conditions must be met prior to issuance of a grading permit or any building permits. 27. 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. 28. Developer shah comply with the requirements of the City’s anti-graffiti program for wall treatments if and when such a program is formally established by the City. 29. Developer shall install sight distance corridors at all street intersections in accordance with Engineering Standards and shall record the following statement in the CC&Rs: “No obstructions shall impede nor conflict with the line-of-sight which.is established per City Standard Public Street-Design Criteria, Section 8.B.3. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with City Standard Public Street-Design Criteria, Section 8.B.3.” The underlying property owner shall maintain this condition. The limits of these sight distance corridors shall be reflected on any improvement, grading, or landscape plans prepared in association with this development. Fees/Agreements 30. Developer shall cause property owner to execute and submit to the City Engineer for recordation, the City’s standard form Geologic Failure Hold Harmless Agreement. 31. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City’s standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. 32. The Developer shall cause Owner to give written consent to the City Engineer to the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1, on a form provided by the City Engineer. PC RESO NO. 5080 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Grading 33. The Developer shall submit to the City Engineer proof that a Notice of Intention for the start of work has been submitted to the State Water Resources Control Board. 34. This project requires off site grading. No grading shall occur outside the limits of this approval unless Developer obtains, records and submits a recorded copy to the City Engineer a grading or slope easement or agreement from the owners of the affected properties. If Developer is unable to obtain the grading or slope easement, or agreement, no grading permit will be issued. In that case Developer must either apply for and obtain an amendment of this approval or modify the plans so grading will not occur outside the project and apply for and obtain a finding of substantial conformance from both the City Engineer and Planning Director. 35. 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 apply for and obtain a grading permit from the City Engineer prior to issuance of any building permits for the project. Dedications/Improvements 36. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or other appropriate entities for all public streets and other easements shown on the site plan. The offer shall be made by a separate document. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Streets that already public are not required to be rededicated. 37. Additional drainage easements may be required. Developer shall dedicate and provide or install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. 38. Developer shall execute and record a City standard Development Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the site plan. Improvements include, but are not limited to: paving, base, sidewalks, traffic signals, curbs and gutters, medians, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights, retaining walls and reclaimed water. All improvements shall be constructed to City Standards and to the satisfaction of the City Engineer. 39. Improvements shall be constructed within 24 months of approval of the development improvement agreement or such other time as provided in said agreement. 40. Except for driveway locations as shown on the site plan, the developer shall cause Owner to waive direct access rights to Calle Barcelona. A separate document relinquishing access rights shall be reviewed, approved, and recorded prior to issuance of any grading or building permits. 41. The existing storm drain and trail easements shown as “to be quitclaimed” shall be rededicated as directed by the City Engineer. PC RBSO NO. 5080 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 42. 43. 44. Developer shall have the entire drainage system designed, submitted to and approved by the City Engineer, to ensure that runoff resulting from lo-year frequency storms of 6 hours and 24 hours duration under developed conditions, are equal to or less than the runoff from a storm of the same frequency and duration under existing developed conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. Developer shall comply with the City’s requirements of the National Pollutant Discharge Elimination System (NPDES) permit. Developer shall provide improvements constructed pursuant to best management practices as referenced in the “California Storm Water Best Management Practices Handbook” to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: A. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. The applicant shall submit for City approval a “Storm Water Pollution Prevention Plan (SWPPP).” The SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board. The SWPPP shall address measures to reduce to the maximum extent possible storm water pollutant runoff at both construction and post-construction phases of the project. At a minimum, the Plan shall: A. B. Identify existing and post-development on-site pollutants. Recommend source control Best Management Practices (BMPs) to filter said pollutants. C. Establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to employee education on the proper procedures for handling clean up and disposal of pollutants. D. E. Ensure long-term maintenance of all post construct BMPs in perpetuity. Identify how post-development runoff rates and velocities from the site will not exceed the pre-development runoff rates and velocities for a lo-year, 6-hour storm PC RESO NO. 5080 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 45. 46. 47. event. If maintaining post-development rates at pre-development levels cannot be achieved, adequate justification subject to the City Engineer’s approval must be provided. Prior to occupancy, the developer shall complete the construction of all roadway and signal improvements on Calle Barcelona. The Developer shall design, apply for and obtain approval of the City Engineer, for 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. The structural pavement design of the aisle ways shall be submitted together with required R-value soil test information and approved by the City Engineer as part of the building or grading plan review whichever occurs first. The preliminary drainage study prepared by Mayers and Associates, dated November 12, 2001, is conceptual only. A detailed report for the proposed project will be required as part of the grading plan. The report shall include a detailed analysis of pre and post developed conditions. On-site detention or replacement of the existing downstream storm drain system will be required to mitigate any increase in runoff during the 100 year 6-hour storm event. Code Reminders “The project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements: 48. 49. 50. 51. 52. 53. . . . The Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 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. The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. Any signs proposed for this development shall at a minimum be designed in conformance with the Green Valley Master Plan signage guidelines and shall require review and approval of the Planning Director prior to installation of such signs. 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 Directors of Community Development and Planning. PC RBSO NO. 5080 -lO- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 the 5th day of December 2001, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Compas, Dominguez, Heineman, and Trigas NOES: ABSENT: Commissioner Nielsen ABSTAIN: ATTEST: MICHAEL J. H?X!,Z&l&LER Planning Director PC RESO NO. 5080 -ll-