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HomeMy WebLinkAbout2024-12-04; Planning Commission; Resolution 7530PLANNING COMMISSION RESOLUTION NO. 7530 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING OF SITE DEVELOPMENT PLAN AMENDMENT, AMEND 2023-0014, AND COASTAL DEVELOPMENT PERMIT AMENDMENT, AMEND 2023-0016, TO ALLOW 17 RETAIL PUSHCARTS AND 5 KIOSKS ON PROPERTY GENERALLY LOCATED AT THE SOUTHEAST CORNER OF PASEO DEL NORTE AND CAR COUNTRY DRIVE WITHIN THE MELLO II SEGMENT OF THE CITY'S LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 13. CASE NAME: CASE NO: CARLSBAD PREMIUM OUTLETS KIOSK PROGRAM AMEND 2023-0014/ AMEND 2023-0016 (DEV2023- 0146) WHEREAS, PATRICK MIKUSKY, 11Developer," has filed a verified application with the City of Carlsbad regarding property owned by Carlsbad Premium Outlets, LLC, "Owner," described as PARCEL A: LOT 2 OF CARLSBAD TRACT 94-09, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 13357, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTERMBER 11, 1996. AND LOT 3 OF CARLSBAD TRACT NO. 92-7 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13078, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 28, 1993. PARCEL B: EASEMENTS FOR ACCESS AND RECIPROCAL PARKING OVER LOT 1 OF CARLSBAD TRACT NO 94-09 (CARLSBAD RANCH UNIT 1). IN THE CITY OF CARLSBAD COUNTY SAND DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13357, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON SEPTEMBER 11, 1996, AS CONTAINED IN DOCUMENT ENTITLED "ACCESS EASEMENT AND RECIPROCAL PARKING AGREEMENT" RECORDED OCTOBER 28, 1997 AS FILE NO. 1997-0539866 OF OFFICIAL RECORDS. (11the Property"); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibit(s) "A"-"G" dated Dec. 4, 2024, on file in the Carlsbad Planning Division, AMEND 2023- 0014/ AMEND 2023-0016 (DEV2023-0146) -CARLSBAD PREMIUM OUTLETS KIOSK PROGRAM, as provided in Chapter 21.201.030 of the Carlsbad Municipal Code; and WHEREAS, the Planning Division studied the Site Development Plan Amendment arid Coastal Development Permit Amendment application and performed the necessary investigations to determine if the project qualified for an exemption from further environmental review under the California Environmental Quality Act, (CEQA, Public Resources Code section 21000 et. seq.), and its implementing regulations (the State CEQA Guidelines), Article 14 of the California Code of Regulations section 15000 et. seq. After consideration of all evidence presented, and studies and investigations made by the city planner and on its behalf, the city planner determined that the project was exempt from further environmental review pursuant to State CEQA Guidelines sections 15311 -Accessory Structures. This exception is for the placement of 17 pushcarts and five kiosks. The project will not have a significant effect on the environment and all of the requirements of CEQA have been met; and WHEREAS, on Oct. 30, 2024, the city distributed a notice of intended decision to adopt the "New Construction or Conversion of Small Structures" exemption. The notice was circulated for a 10-day period, which began on Oct. 30, 2024, and ended on Nov. 12, 2024. The city did not receive any comment letters on the CEQA findings and determination. The effective date and order of the city planner CEQA determination was Nov. 13, 2024; and WHEREAS, the Planning Commission did, on Dec. 4, 2024, hold a duly noticed public hearing as prescribed by law to consider said request; 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 Coastal Development Permit Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES AMEND 2023-0014/ AMEND 2023-0016 (DEV2023-0146) -CARLSBAD PREMIUM OUTLETS KIOSK PROGRAM, based on the following findings and subject to the following conditions: Findings: Site Development Plan Amendment 1. That the proposed development or use is consistent with the general plan and any applicable master plan or specific plan, complies with all applicable provisions of this chapter, and all other applicable provisions of this code, in that the proposal complies with the applicable requirements of the Carlsbad Ranch Specific Plan which was developed to provide an implementing program for the General Plan in this area. 2. 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 sufficient parking is provided for the increase in retail space created by the additional pushcarts kiosks on the property. The pushcarts will not be located within any required setback or landscape areas. 3. That the site for the intended use is adequate in size and shape to accommodate the use, in that all applicable code requirements have been met such as building code separations. The pushcarts will be set back from the buildings a minimum of 12 feet. Adequate areas remain for pedestrian circulation once the pushcarts and kiosks are located in the outdoor mall. 4. 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 no site improvements are necessary to accommodate the proposal. 5. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the proposed use is expected to generate few new primary trips to the site. Instead, the pushcarts and kiosks will benefit from linked trips that occur when patrons of the shopping center stop at the pushcarts to shop. The total number of new daily trips is estimated to be 105 trips. 6. That the proposed development or use meets all other specific additional findings as required by Title 21 of the Carlsbad Municipal Code, in that the project complies with the General Plan, the Carlsbad Ranch Specific Plan, and Title 21 of the Municipal Code. The project properly relates to the site and surroundings and will not adversely impact traffic, nor will it have any impacts on coastal resources. Coastal Development Permit Amendment 7. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that no site improvements are necessary for the proposed pushcarts resulting in no impacts to coastal resources. 8. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the property is not located adjacent to the coastal shore; therefore, it will not interfere with the public's right to physical access or water-oriented recreational activities. 9. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that no coastal resources exist on the project site and no site improvements are necessary for the proposal. 10. The project is not between the sea and the first public road parallel to the sea and therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance). General 11. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan, in that, the General Plan Land Use designation for the property is R, Regional Commercial. The R, Regional Commercial Land Use designation allows for retail uses. The project proposes an updated pushcart and kiosk program for the Carlsbad Premium Outlets to permit 17 pushcarts (including 16 new pushcarts and the retroactive approval of one (1) additional pushcart); and to permit 5 kiosks (including one (1) kiosk that was approved through consistency determination, CD 2024-0022, replacing a pushcart, and the retroactive approval of four (4) kiosks). 12. That the Planning Director 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 15311, Accessory Structures, of the state CEQA Guidelines. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 13. 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: General NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the placement of the pushcarts and kiosks within the mall. 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 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 and Coastal Development Permit 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 and Coastal Development Permit 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 and Coastal Development Permit 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. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Site Plan reflecting the conditions approved by the final decision making body. The copy shall be submitted to the City Planner, reviewed and, if found acceptable, signed by the city's project planner and project engineer. If no changes were required, the approved exhibits shall fulfill this condition. 8. Prior to placement of the pushcarts within the mall area, 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. 9. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 13 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 10. 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. All kiosks and pushcarts must comply with building and accessibility codes. All kiosk doors shall open inward to main a clear path of travel and avoid opening into the 12 feet of separation between the kiosks and tenant storefronts. 11. The pushcarts and kiosks or groups of pushcarts and kiosks shall be located so they are no closer than 20 feet to other pushcarts and kiosk or groups of pushcarts and kiosks. 12. Approval of AMEND 2023-0014/ AMEND 2023-0016 supplements the approval of SOP 96-03. All conditions of approval found in Planning Commission Resolution No. 3965 dated August 7, 1996 remain in full force and effect except as modified herein. 14. Prior to the placement of the pushcarts within the mall, 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 Site Development Plan Amendment and Coastal Development Permit Amendment by this Resolution on the real property owned by the Developer. 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. 15. A sign program application for the kiosks and pushcarts shall be submitted to the Planning Division and approved by the City Planner. No existing or proposed pushcart or kiosk signage is part of this approval. Once a sign program is approved, each kiosk and pushcart will be required to obtain a sign permit for any proposed signage. Fire Department 16. Placement of Kiosks shall not impede access to Fire Department standpipe systems located within the outlet mall walkways. 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. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on Dec. 4, 2024, by the following vote, to wit: AYES: Kamenjarin, Lafferty, Meenes, Merz, Stine NAYES: None. ABSENT: Danna, Hubinger ABSTAIN: None. RIN, Chairperson NING COMMISSION ATTEST: MIKE STRONG Assistant Director, Community Development