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HomeMy WebLinkAbout2001-12-19; Planning Commission; Resolution 51021 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. 5102 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A COASTAL DEVELOPMENT PERMIT TO CONSTRUCT A RESTAURANT ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF PASEO DEL NORTE, NORTH OF PALOMAR AIRPORT ROAD AND SOUTH OF CAR COUNTRY DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 3 CASE NAME: RING’S FISH HOUSE CASE NO.: CDP 01-18 WHEREAS, Ring’s Seafood Company, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Carpenter’s Pension Trust for Southern California, a California Corporation, “Owner,” described as A portion of Parcel 2 of parcel map no. 11284, in the City of Carlsbad, County of San Diego, State of California, according to map thereof, filed in the Office of the County Recorder of San Diego County, May 11, 1981 and a portion of Parcel 4 of Carlsbad Tract No 92-07, 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, December 28,1993 (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits “An - “My’ dated December 19,2001, on file in the Planning Department, RING’S FISH HOUSE - CDP 01-18, as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 19th day of December 2001, 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 Coastal Development Permit. 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 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of KING’S FISH HOUSE - CDP 01-18 based on the following findings and subject to the following conditions: Findinps: 1. 2. 3. 4. That the proposed development is in conformance with the Mello II segment of the Certified Local Coastal Program (LCP) and all applicable policies in that the project’s use is consistent with the Travel Services (TS) LCP land use designation; no prime agricultural lands exist on or near the site; no impacts will occur to environmentally sensitive habitats; no coastal access is or will be needed through or adjacent to the project site; erosion will be controlled by grading in conformance with the City’s Standards; grading will be restricted to the summer season; the site contains no wetlands or dual criteria slopes; does not obstruct views of the coastline as seen from public lands or the public right-of-way or otherwise damage the visual beauty of the coastal zone; and no significant view points are on or near the site. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the site is located on the east side of the first public street and no coastal access areas or water-oriented recreational activities exist on or near the project site. The project is not located in the Coastal Agriculture Overlay Zone, according to Map X of the Land Use Plan, certified September 1980 and, therefore, is not subject to the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance). The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.03 of the Zoning Ordinance) in that the project will adhere to the City’s Master Drainage and Storm Water Quality Management Plan and Grading Ordinance to avoid increased runoff and soil erosion, no steep slopes or native vegetation is located on the subject property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building permit issuance. 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 PC RESO NO. 5102 -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 2. 3. 4. 5. 6. 7. 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/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, (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. This obligation survives until all legal proceedings have been concluded and continues even if the City’s approval is not validated. This approval is granted subject to the approval of CUP 01-06 and SDP 80-11(D) and is subject to all conditions contained in Planning Commission Resolutions No. 5101 and 5103 for those other approvals. The applicant shall apply for and be issued building permits for this project within two (2) years of approval or this coastal development permit will expire unless extended per Section 21.201.210 of the Zoning Ordinance. Prior to the issuance of building permits, the applicant shall apply for and obtain a grading permit issued by the City Engineer. If a grading permit is required, all grading activities shall be planned in units that can be completed by October 1st. Grading activities shall be limited to the “dry season”, April 1st to October 1st of each year. Grading activities may be extended to November 15th upon written approval of the City Engineer and only if all erosion control measures are in place by October 1st. 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 PC RESO NO. 5 102 -3- 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 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 the 19th day of December 2001, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Compas, Dominguez, Heineman, Nielsen, and Trigas NOES: ABSENT: ABSTAIN: JEFFI&&. SEGALL, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RESO NO. 5102 -4-