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Home My WebLink About2000-08-16; Planning Commission; Resolution 48161 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. 4816 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT CDP 00-20 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 LOCAL FACILITIES MANAGEMENT ZONE 13. CASE NAME: CARLSBAD COMPANY STORES PUSHCART PROGRAM CASE NO.: CDP 00-20 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 Coastal Development Permit as shown on Exhibit “A” dated August 16, 2000, on tile in the Planning Department, CARLSBAD COMPANY STORES PUSHCART PROGRAM - SDP 96-03(A) as provided by Chapter 21.201.040 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 CDP NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 4 B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission APPROVES CARLSBAD COMPANY STORES PUSHCART PROGRAM - CDP 00-20 based on the following findings and subject to the following conditions: f ; t s lf 11 1; 1: 14 15 1t 17 1E 1s 2c 21 22 23 24 25 26 27 28 - Findines: 1. 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. 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that no areas designated for coastal access will be impacted by the proposal. 3. The proposed project complies with all provisions of the Coastal Resource Protection Overlay Zone as no coastal resources exist on the project site and no site improvements are necessary for the proposal. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to placement of 1, 2. 3. 4. 5. 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 coastal development permit. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the 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. 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 coastal development permit, PC RESO NO. 4816 -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. (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 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 area, the Developer shall provide proof to the Director from the School District that this project has satisfied its obligation to provide school facilities. This approval is granted subject to the approval of SDP 96-03(A) and is subject to all conditions contained in Planning Commission Resolution No. 4815 for those other approvals NOTICE PC RESO NO. 4816 -3- 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 tile 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. 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 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: WILLIAM COMPAS, Chairpet% CARLSBAD PLANNING COMMISSION ATTEST: !Wa& MICHAEL J. HO%MIL@R Planning Director PC RBSO NO. 4816 -4-