HomeMy WebLinkAbout2000-08-16; Planning Commission; Resolution 48151
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PLANNING COMMISSION RESOLUTION NO. 4815
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
DEVELOPMENT PLAN AMENDMENT SDP 96-03(A) TO
ALLOW A MAXIMUM OF 13 RETAIL PUSHCARTS ON
PROPERTY GENERALLY LOCATED AT THE SOUTHEAST
CORNER OF PASEO DEL NORTE AND CAR COUNTRY DRIVE
IN THE COASTAL ZONE AND IN LOCAL FACILITIES
MANAGEMENT ZONE 13.
CASE NAME: CARLSBAD COMPANY STORES
PUSHCART PROGRAM
CASE NO.: SDP 96-03(A)
WHEREAS, Craig Realty Group - Carlsbad LLC, “Developer,“/ “Owner,” has
filed a verified application with the City of Carlsbad regarding property described as
Lot 3 of Carlsbad Tract No 92-7 Carlsbad Ranch Unit I and II
per Map No. 13078 and Lot 2 of CT 94-09.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan Amendment as shown on Exhibit “A” dated August 16, 2000, on file in the Planning
Department, CARLSBAD COMPANY STORES PUSHCART PROGRAM - SDP 96-03(A)
as provided by Chapter 2 1.06 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 16th day of August, 2000,
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.
WHEREAS, on September 17,1996, the City Council approved, SDP 96-03 , as
described and conditioned in City Council Resolution No. 96-310
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
4 That the foregoing recitations are true and correct,
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B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES CARLSBAD COMPANY STORES PUSHCART
PROGRAM SDP - 96-03(A) based on the following findings and subject to the
following conditions:
Findings:
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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 and
the Carlsbad Ranch Specific 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 proposal
complies with applicable requirements of the Carlsbad Ranch Specific Plan which
was developed to provide an implementing program for the General Plan in this
area. Additional parking is provided for the increase in retail space created by the
placement of the pushcarts on the property. The pushcarts will not be located
within any required setback or landscape areas.
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 20
feet. Adequate areas remain for pedestrian circulation once the pushcarts are
located in the outdoor mall.
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.
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 will benefit from linked trips
that occur when patrons of the shopping center stop at the pushcarts to shop. It is
estimated that 75% of the project-generated traffic will be linked in nature, with the
remaining 25% being primary or new trips. The total number of new daily trips is
estimated to be 34 with 3 new trips being generated in the evening peak hour.
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.
The project is consistent with the Comprehensive Land Use Plan (CLUP) for the
McClellan-Palomar Airport, dated April 1994, in that a Notice that this property is
subject to overflight, sight and sound of aircraft operating from McClellan-Palomar
Airport was required with the approval of SDP 96-03 and has been recorded. The
PC RESO NO. 4815 -2-
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project is compatible with the projected noise levels of the CLUP; and, based on the
noise/land use compatibility matrix of the CLUP, the proposed land use is compatible
with the airport, in that the airport land use plan identifies the use as being
compatible with the noise levels for the site. The southern half of the site is located
within the 60 CNEL noise contour for the airport. The site is approximately 8,800
feet west of the airport.
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:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to placement of
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the pushcarts within the mall.
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 Amendment.
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.
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
PC RESO NO. 4815 -3.
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Amendment; and; (b) City’s approval or issuance of any permit or action, whether
discretionary or non-discretionary, in connection with the use contemplated herein.
The Developer shall submit to the Planning Director a reproducible 24” x 36”, mylar
copy of the Site Plan reflecting the conditions approved by the final decision making
body.
Prior to placement of the pushcarts within the mall, the Developer shall provide proof
to the Director from the School District that this project has satisfied its obligation to
provide school facilities.
A maximum of 13 pushcarts are permitted by this site development plan
amendment. The pushcarts shall be located so that they are no closer than 20 feet to
the mall buildings, adequate pedestrian circulation is maintained as well as
clearance for exiting of all individual tenant spaces. Exhibit “A” for this Site
Development Plan shows the locations for pushcarts that satisfy these requirements.
Approval of SDP 96-03(A) supplements the approval of SDP 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.
This approval is granted subject to the approval of CDP 00-20 and is subject to all
conditions contained in the Planning Commission Resolution for those other approvals.
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 by Resolution(s) No. 4815 and
4816 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.
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.
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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 16th day of August, 2000, by the
following vote, to wit:
AYES: Chairperson Compas, Commissioners Baker, Heineman,
L’Heureux, Nielsen, Segall, and Trigas
NOES:
ABSENT:
ABSTAIN:
L WILLIm
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RESO NO. 4815 -5