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HomeMy WebLinkAboutCUP 2017-0001; UPTOWN CHEAPSKATE RETAIL SHOP; Admin Decision LetterApril 3,.2017 Paul J. Klukas Suite 100 1530 Faraday Avenue Carlsbad, CA 92008 {"city of Carlsbad SUBJECT: MINOR CONDITIONAL USE PERMIT NO. CUP 2017-0001 (DEV 2017-0027) -UPTOWN CHEAPSKATE RETAIL SHOP -Request for approval of a Minor Conditional Use Permit (CUP 2017-0001) to allow for the operation of a retail store that is defined as a thrift shop per Carlsbad Municipal Code (CMC) Section 21.42.140.B.150 in the existing Plaza Paseo Real shopping center located at 6949 El Camino Real Suite 201A. The property is generally located north of Aviara Parkway and more specifically located next to the Cinepolis theaters; in the C- L; Local Shopping Center Zone and Local Facilities Management Zone 6. Dear Mr. Klukas, The City Planner has completed a review of your application for a Minor Conditional Use Permit CUP 2017- 0001 for a thrift store within the Plaza Paseo Real shopping center on El Camino Real and Dove Lane. A notice was sent to property owners within a 600' radius of the subject property requesting comments regarding the above request. No comments were received within the ten day notice period (ending on March 31, 2017). After careful consideration of the circumstances surrounding this request, the City Planner has determined that the four findings required for granting a Minor Conditional Use Permit can be made and therefore, APPROVES this request based on the following findings and conditions. Findings: 1. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan in that: (a) the use is complementary to the other uses within existing Plaza_ Paseo Real shopping center, (b) the proposed commercial use is consistent with the General Plan under land use designation L -Local Shopping Center per the Land Use Element Table 2-4, (c) the use will benefit the Aviara and surrounding community because very few similar uses currently exist within the vicinity, (d) the store will be compatible with the function and design of the plaza, and (e) the use will provide balance in the types of uses that already exist in the shopping center. 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located in that the thrift shop will be located within a commercial location. Various commercial retail stores are in operation onsite, however no retail apparel store exists onsite. The use blends within the existing shopping center and will not impede, impose, or impact other uses and facilities. A retail apparel use is typically permitted within a C-L zone; Community & Economic Development Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov CUP 2017-0001 (DEV 2017-0027) -UPTOWN CHEAPSKATE RETAIL SHOP April 3, 2017 Pa e 2 however, pursuant to the CMC Section 21.42.140.8.150, this use is considered a "thrift shop" and requires approval of a minor conditional use permit within the C-L zone. In addition, a background check is required as part of the MCUP approval process. On February 16, 2017, the Police Department exempted this project from such review. Thus, the proposed use will not be detrimental to the existing uses. 3. That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the City Planner in order to integrate the use with other uses in the neighborhood in that the thrift store will occupy an existing 3,502 square foot suite that is adequate in size for the proposed use with minor tenant improvements and requires no exterior modification or expansion for accommodation. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that the thrift store will occupy an existing suite that was designed and conditioned upon the approval of the shopping center as a whole. The proposed use will not generate more traffic than what was already accounted for in the original approval of the shopping center. Therefore, the proposed use can be accommodated by the existing street system with no further improvements required. 5. That the City Planner 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 15301(a) existing facilities of a small commercial structure of the state CEQA Guidelines. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 6. The City Planner has reviewed each of the exactions imposed on the project contained in this approval letter, 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: 1. Approval is granted for CUP 2017-0001 as shown on Exhibits "A" & "B" dated April 3, 2017 on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. 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 Minor Conditional Use Permit. CUP 2017-0001 (DEV 2017-0027)-UPTOWN CHEAPSKATE RETAIL SHOP April 3, 2017 Pa e 3 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the CUP 2017-0001 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. 4. 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 Minor Conditional Use Permit, (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. 5. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 6. This project shall comply with all conditions and mitigation measures, which are required as part of the Zone 6 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 7. CUP 2017-0001 shall be reviewed by the City Planner on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health, safety and general welfare. If the City Planner determines that: 1) the minor conditional use permit was obtained by fraud or misrepresentation; or 2) the use for which such approval is granted is not being exercised; or 3) the conditions of approval have not been met; or 4) the minor conditional use permit is being or recently has been exercised contrary to any of the terms or conditions of approval; or 5) the use for which such approval was granted has ceased to exist or has been suspended for one year or more; or 6} the use is in violation of any statute, ordinance, law or regulation; or 7) the use permitted by the minor conditional use permit is being or has been so exercised as to be detrimental to the public health, safety or welfare or so as to constitute a nuisance, the City Planner shall hold an informal public hearing and after providing the permittee the opportunity to be heard, the City Planner may revoke and terminate the minor conditional use permit in whole or in part, reaffirm the minor conditional use permit, modify the conditions or impose new conditions. 8. This Conditional Use Permit is granted without an expiration date. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. 9. 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 residential housing 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. CUP 2017-0001 (DEV 2017-0027) -UPTOWN CHEAPSKATE RETAIL SHOP April 3, 2017 Pa e4 10. Prior to the issuance of a building permit, owner/applicant 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 City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Minor Conditional Use Permit on the real property owned by the owner/applicant. 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 owner/applicant or successor in interest. 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. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. 13. Any signs proposed for this project shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the City Planner prior to installation of such signs. Code Reminders: 14. 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. 15. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. ,.. CUP 2017-0001 (DEV 2017-0027)-UPTOWN CHEAPSKATE RETAIL SHOP April 3, 2017 Pa e 5 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 the 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. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $850.00 plus noticing fees. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Paul Dan at (760) 602-4614. Sincerely, ~{!;-- Principal Planner VL:PD:sc c: Don Neu, City Planner David Rick, Project Engineer File Copy Data Entry -.aM ,f