HomeMy WebLinkAbout2019-01-08; City Council; Resolution 2019-002RESOLUTION NO. 2019-002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, DENYING THE APPEAL AND UPHOLDING THE DECISION OF THE
PLANNING COMMISSION TO APPROVE A MINOR REVIEW PERMIT AND
COASTAL DEVELOPMENT PERMIT TO ALLOW 2,323 SQUARE FEET OF NEW
ADDITIONS TO AN EXISTING 573-SQUARE-FOOT COMMERCIAL BUILDING,
AND ALLOW THE OPERATION OF A HOT GLASS BLOWING USE LOCATED AT
3060 ROOSEVELT STREET IN LAND USE DISTRICT 1 OF THE VILLAGE MASTER
PLAN AND DESIGN MANUAL, THE VILLAGE SEGMENT OF THE LOCAL
COASTAL PROGRAM, AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE
1.
CASE NAME: BARRIO GLASSWORKS
CASE NO.: RP 2018-0004/CDP 2018-0014 (DEV 2018-0023)
WHEREAS, the City Council of the City of Carlsbad, California has determined that pursuant to
the provisions of the Municipal Code, the Planning Commission did, on September 5, 2018, hold a duly
noticed public hearing as prescribed by law to consider Minor Review Permit RP 2018-0004 and Coastal
Development Permit CDP 2018-0014, as referenced in Planning Commission Resolution No. 7309
approving the project; and
WHEREAS, the Planning Commission voted 5-0-1 (Anderson, Geidner, Luna, Meenes, and Segal
voting yes, and Montgomery absent); and
WHEREAS, on September 14, 2018, the appellant Cameron Wetzler timely filed an appeal with
the city as provided pursuant to Chapter 21.54 of the Carlsbad Municipal Code; and
WHEREAS, the City Council of the City of Carlsbad held a duly noticed public hearing to consider
the appeal of the Planning Commission's decision to approve said Minor Review Permit and Coastal
Development Permit; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if
any, of the persons desiring to be heard, said City Council considered all factors relating to the appeal.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the appeal of the Planning Commission's decision is denied, that all matters not
specified in the appeal have been supported by substantial evidence with findings and
approved by the Planning Commission, and that the findings and conditions contained
January 8, 2019 Item #5 Page 5 of 44
in Planning Commission Resolution No. 7309 on file in the City Clerk's office and
incorporated herein by reference are the findings and conditions of the City Council.
3. That this action is final the date this resolution is adopted by the City Council. The
provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial
Review" shall apply:
"NOTICE TO APPLICANT"
The time within which judicial review of this decision must be sought is governed by
Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by
Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the
appropriate court not later than the ninetieth day following the date on which this decision becomes
final; however, if within ten days after the decision becomes final a request for the record is filed with
a deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time
within which such petition may be filed in court is extended to not later than the thirtieth day following
the date on which the record is either personally delivered or mailed to the party, or his attorney of
record, if he has one. A written request for the preparation of the record of the proceedings shall be
filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA, 92008.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 8th day of January, 2019, by the following vote, to wit:
AYES :
NOES:
ABSENT:
K. Blackburn, P. Bhat-Patel, C. Schumacher, B. Hamilton
None.
M. Hall.
January 8, 2019 Item #5 Page 6 of 44
Exhibit 2
NOT TO SCALE
SITE MAP
Barrio Glassworks
RP 2018-0004 / CDP 2018-0014
January 8, 2019 Item #5 Page 7 of 44
PLANNING COMMISSION RESOLUTION NO. 7309
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A MINOR REVIEW PERMIT AND
COASTAL DEVELOPMENT PERMIT TO ALLOW 2,323 SQUARE FEET OF
NEW ADDITIONS TO AN EXISTING 573-SQUARE-FOOT COMMERCIAL
BUILDING. THE EXISTING USE WOULD BE CONVERTED TO A HOT GLASS
BLOWING OPERATION LOCATED AT 3060 ROOSEVELT STREET IN LAND
USE DISTRICT 1 OF THE VILLAGE MASTER PLAN AND DESIGN MANUAL,
THE VILLAGE SEGMENT OF THE LOCAL COSTAL PROGRAM, AND WITHIN
LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: BARRIO GLASSWORKS
CASE NO: RP 2018-0004/CDP 2018-0014 (DEV2018-0023l
Exhibit 3
WHEREAS, Mary Devlin, "Applicant," has filed a verified application with the City of Carlsbad
regarding property owned by Marguerite Montabano, "Owner," described as
Parcel 1 of Parcel Map No. 2420, in the City of Carlsbad, County of San Diego, State
of California, filed in the office of the County Recorder of San Diego County, March
8, 1974 as file no. 74-058989 of official records.
("the Property"); and
WHEREAS, said verified application constitutes a request for a Coastal Development Permit as
shown on Exhibit(s) "A" -"D" dated September 5, 2018, attached hereto and on file in the Carlsbad
Planning Division, RP 2018-0004/CDP 2018-0014 -BARRIO GLASSWORKS, as provided in Chapter
21.201.030 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on September 5, 2018, 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 Coastal
Development Permit.
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
of RP 2018-0004/CDP 2018-0014-BARRIO GLASSWORKS, based on the following findings and subject to
the following conditions:
Findings:
Minor Review Permit, RP 2018-0004
1. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the city's General Plan, and the development standards of the Village Review
January 8, 2019 Item #5 Page 8 of 44
Zone and the Village Master Plan and Design Manual, based on the facts set forth in the staff
report dated September 5, 2018, including, but not limited to the following:
a. Land Use -The proposed project, which includes the addition of 2,323 square feet of
commercial space to an existing 573-square-foot commercial building, will enhance the
vitality of the Village, specifically Land Use District 1 (Carlsbad Village Center), by providing
a service to local residents that draws customers from throughout the city, generating
revenue and jobs, and providing an entertainment use that is characteristic to the
downtown core area. The project's proximity to the Village's center will further the goal of
providing new economic development near other retail stores. Further, the proposed
project contributes toward the overall goal of creating quality development in commercial
buildings by enhancing an older commercial building with an updated building. Overall, the
commercial project will contribute towards the revitalization of the Village area.
b. Mobility-Roosevelt Street can accommodate the estimated 50 ADTs. The proposed project
has been designed to meet the circulation requirements, which includes vehicular access
off Roosevelt Street. Traffic impact fees have been assessed onsite to compensate for the
conversion of use. In addition, the project supports walkability and mobility by locating the
project near residential areas and existing goods and services within the Village.
c. Public Safety -The proposed building is required to be designed in conformance with all
seismic design standards of the California Building Code (CBC) and State building
requirements. Additionally, the proposed project design is consistent with the applicable
fire safety requirements and the entire building will include fire sprinklers in accordance
with National Fire Protection Agency Standard 13 and City of Carlsbad regulations.
Furthermore, the project is conditioned to develop and implement a program of "best
management practices" for the elimination and reduction of pollutants which enter into
and/or are transported within storm drainage facilities.
d. Land Use District 1 Standards -The project as designed is consistent with the development
standards for Land Use District 1, the Village Design Guidelines and all other applicable
regulations set forth in the Village Master Plan and Design Manual as discussed in the
project staff report. The project is not requesting any deviations to the development
standards and all required parking is located on-site.
Coastal Development Permit CDP 2018-0014
2. That the proposed development is in conformance with the Certified Local Coastal Program and
all applicable policies in that the site is designated for commercial-retail development, the
project proposes additions to an existing commercial-retail use, and the development is
consistent with the LCP Village land use designation. No agricultural activities, sensitive
resources, geological instability, flood hazard or coastal access opportunities exist on-site.
Given the project's distance from the coastline, the additions to the existing commercial-retail
use will not obstruct views of the coastline as seen from public lands or public right-of-way, nor
otherwise damage the visual beauty of the Coastal Zone.
3. 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.
PC RESO NO. 7309 -2-January 8, 2019 Item #5 Page 9 of 44
• 4. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities
Management Plan for" Zone 1 and all city public 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. The project has been conditioned to provide proof from the Carlsbad Unified School
District that the project has satisfied its obligation for school facilities.
B. 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.
5. 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 Village (V). The Village (V) designation allows for urban, walkable, transit-connected
development for visitors and locals to enjoy a mix of uses within close proximity to each other.
The project, a commercial-retail use, provides such development in that it will enhance and
contribute to the overall goals of the Elements of the city's General Plan.
6. 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 15303 -new construction of a small 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.
7. 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 issuance of a
building permit.
1. Approval is granted for RP 2018-0004/CDP 2018-0014 as shown on Exhibits "A" -"D", dated
September 5, 2018, 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
PC RESO NO. 7309 -3-January 8, 2019 Item #5 Page 10 of 44
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 Review Permit and
Coastal Development Permit.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Minor Review Permit and Coastal Development Permit 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. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
5. 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.
6. 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 ariy 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 Review Permit/Coastal Development Permit,
{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.
7. Prior to the issuance of a building permit, 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.
8. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
9. Prior to the issuance of the building permit, 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 Minor Review
Permit/Coastal Development Permit by Resolution No. 7309 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 fn interest.
PC RESO NO. 7309 -4-January 8, 2019 Item #5 Page 11 of 44
10. This Minor Review Permit/Coastal Development Permit is granted without an expiration date,
provided that a building permit is issued within 24 months of project approval. This permit may
be revoked at any time after a public hearing, if it is found that the use has a substantial
detrime~tal effect on surrounding land uses and the public's health and welfare, or the conditions
imposed herein have not been met.
11. This approval shall become null and void if a building permit is not issued for this project within
24 months from the date of project approval.
12. Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy No. 17, the
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFO
#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
1, 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.
13. RP 2018-0004/CDP 2018-0014 shall be reviewed by the City Planner annually 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 Conditional Use Permit was obtained by fraud or
misrepresentation; or 2) the use for which such approval was granted is not being exercised; or
3) the Conditional Use Permit is being or recently has been exercised contrary to any of the terms
or conditions of approval or the conditions of approval have not been met; or 4) the use for which
such approval was granted has ceased to exist or has been suspended for one year or more; or 5)
the use is in violation of any statute, ordinance, law or regulation; or 6) the use permitted by the
provisional use 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 recommend that the City
Planner hold a public hearing and after providing the permittee the opportunity to be heard, the
City Planner may revoke and terminate the Conditional Use Permit in whole or in part, reaffirm
the Conditional Use Permit, modify the conditions or impose new conditions.
14. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan
showing conformance with the approved Preliminary Landscape Plan and the city's Landscape
Manual. Developer shall construct and install all landscaping and irrigation as shown on the
approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum
amount of water to the landscape for plant growth without causing soil erosion and runoff.
15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan
check process on file in the Planning Division and accompanied by the project's building
improvement, and grading plans.
16. Prior to issuance of the building permit, the applicant shall demonstrate compliance with the
open space requirement of the Village Master Plan, to the satisfaction of the City Planner.
Engineering:
17. The developer shall remove the existing driveway approach fronting the building and obtain a
right-of-way permit to remove the driveway and construct curb, gutter, sidewalk and parkway
PC RESO NO. 7309 -5-January 8, 2019 Item #5 Page 12 of 44
to the city standards to the satisfaction of the city engineer. All work in the right-of-way shall
be completed prior to the final building inspection. Developer shall pay right-of-way permit fees
per the city's latest fee schedule.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the following:
18. 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.
19. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section
18.04.330.
20. Any signs proposed for this development 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.
PC RESO NO. 7309 -6-January 8, 2019 Item #5 Page 13 of 44
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 offinal 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 September 5, 2018, by the following vote, to wit:
AYES: Commissioners Anderson, Geidner, Luna, Meenes and Segall
NOES: None
ABSENT: Chair Montgomery
~~(/4wt0
VELYN ANDERSON, Vice Chair
CARLSBAD PLANNING COMMISSION
ATTEST: ~nu
DON NEU
City Planner
PC RESO NO. 7309 -7-January 8, 2019 Item #5 Page 14 of 44