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HomeMy WebLinkAbout2007-06-20; Planning Commission; Resolution 6312PLANNING COMMISSION RESOLUTION NO. 6312 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE 2 CITY OF CARLSBAD, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT CUP 06-19 TO ALLOW FOR A 3 DRIVE-THROUGH FACILITY FOR A PHARMACY ON PROPERTY GENERALLY LOCATED SOUTH OF GATEWAY 4 ROAD, WEST OF EL FUERTE STREET, NORTH OF BRESSI 5 RANCH WAY, AND NORTH OF PARADISE ROAD IN PLANNING AREA 15 OF THE BRESSI RANCH MASTER 6 PLAN IN LOCAL FACILITIES MANAGEMENT ZONE 17. CASE NAME: BRESSI RANCH VILLAGE CENTER 7 CASE NO.: CUP 06-19 8 WHEREAS, LNR Bressi Commercial, Inc., "Developer/Owner," has filed a 9 verified application with the City of Carlsbad regarding property described as 10 Lot 5 of Carlsbad Tract 03-03, in the City of Carlsbad, County of San Diego, State of California according to map thereof No. j2 14800 on file in the Office of the County Recorder of San Diego County, May 21, 2004 as amended by certificate of correction 13 recorded September 30, 2005 as file No. 2005-0850805 of official records 14 ("the Property"); and 16 WHEREAS, said verified application constitutes a request for a Conditional Use 17 Permit as shown on Exhibits "A" - "Y" and "Al" - "A21" dated June 20, 2007, on file in the 18 Planning Department, BRESSI RANCH VILLAGE CENTER - CUP 06-19, as provided by 19 Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and 20 WHEREAS, the Planning Commission did, on the 20th day of June, 2007, hold a 21 ~~ duly noticed public hearing as prescribed by law to consider said request; and 23 WHEREAS, at said public hearing, upon hearing and considering all testimony 24 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 25 relating to the CUP. 26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 27 Commission of the City of Carlsbad as follows: 28 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission 2 APPROVES BRESSI RANCH VILLAGE CENTER - CUP 06-19, based on the following findings and subject to the following conditions: 3 Findings:4 r 1. That the requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the General Plan, and 6 is not detrimental to existing uses specifically permitted in the zone in which the proposed use is located, in that the surrounding area residents will have access to the 7 convenience of the service offered through a drive-through facility and there will be a segment of the population that will benefit from the availability of access to a pharmacy before and after "normal" store hours. 9 2. That the site for the intended use is adequate in size and shape to accommodate the use, in 10 that all of the required development standards of the underlying zone and the Bressi Ranch Master Plan have been met including onsite parking, height limits and setbacks. 12 3. That all the yards, setbacks, walls, fences, landscaping, and other features necessary to 13 adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the proposed drive through facility and the entire '4 commercial project meet all of the applicable development standards. 4. That the street system serving the proposed use is adequate to properly handle all traffic 16 generated by the proposed use, in that the proposed drive through facility will not cause a substantial increase in ADT for the site as a whole and will not adversely 17 affect the surrounding street system serving the project site which is capable of handling the traffic generated by the entire project.lo 19 5. The Planning Director has determined that: 20 a. the project is a subsequent activity of the Bressi Ranch Master Plan (MP 178), a project for which a program EIR was prepared, and a notice for the activity has been given, which includes statements that this activity is within the scope of the 22 program approved earlier, and that the program EIR adequately describes the activity for the purposes of CEQA); [15168(c)(2) and (e)]; and/or 9-3 b. this project is consistent with the Master Plan cited above; and 24 c. the Bressi Ranch Master Plan EIR 98-04 was certified on July 9, 2002,in connection with the prior project or plan; and d. the project has no new significant environmental effect not analyzed as significant 26 in the prior EIR; and 27 e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist; and 28 PCRESONO. 6312 -2- f. The Planning Commission finds that all feasible mitigation measures or project 2 alternatives identified in the Bressi Ranch Master Plan EIR 98-04, which are appropriate to this Subsequent Project, have been completed, incorporated into 3 the project design or are required as conditions of approval for this Subsequent Project. 5 6. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 17 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or 7 provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational 8 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. 9 . That all necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted City standards, in that the project is being proposed and will be implemented consistent with the requirements of the 12 Bressi Ranch Master Plan and Zone 17 Local Facilities Management Plan. 8. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section IB). 15 9. 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: 19 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a building permit. 20 ~ 1 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 22 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 23 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 25 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 Conditional Use Permit. 26 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 27 and modifications to the Bressi Ranch Village Center Conditional Use 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 PCRESONO. 6312 -3- approved Exhibits. Any proposed development, different from this approval, shall 2 require an amendment to this approval. 3 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance.4 - 4. 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 6 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 7 unless the City Council determines that the project without the condition complies with all requirements of law. o 9 5. 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 10 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 11 or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, ,2 (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 13 (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 14 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. 16 6. Prior to the issuance of a building permit, the Developer shall provide proof to the 17 Director from the School District that this project has satisfied its obligation to provide school facilities.18 19 7. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 17 Local Facilities Management Plan and any amendments made to 20 that Plan prior to the issuance of building permits. 21 8. Building permits will not be issued for this project unless the local agency providing -_ water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the 23 time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 24 9. This approval is granted subject to the approval of Minor Master Plan Amendment MP 25 178(E), Tentative Tract Map CT 06-24, and Site Development Plan SDP 06-17 and is 26 subject to all conditions contained in Planning-Commission Resolutions No. 6310, 6311 and 6313 for those other approvals incorporated herein by reference. 27 10. CUP 06-19 shall be reviewed by the Planning Director annually to determine if all conditions of this permit have been met and that the use does not have a substantial78negative effect on surrounding properties or the public health, safety and general welfare. If the Planning Director determines that: 1) the Conditional Use Permit was obtained by PCRESONO. 6312 -4- fraud or misrepresentation; or 2) the use for which such approval was granted is not being 2 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 3 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, 4 ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is g. 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 Planning Director shall recommend that the Planning 6 Commission hold a public hearing and after providing the permittee the opportunity to be heard, the Planning Commission may revoke and terminate the Conditional Use Permit in 7 whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose new conditions. o 9 11. Prior to the issuance of the building permit for the drive through facility, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property 10 to be developed. Said notice is 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 11 interest that the City of Carlsbad has issued a Conditional Use Permit by Resolution(s) j2 No. 6312 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 13 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 14 which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest 16 12. The hours of operation of the drive through facility shall be limited to 6:00 a.m. to 11:00 p.m. daily. 17 18 NOTICE 19 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 90zu "fees/exactions." 21 You have 90 days from date of final approval to protest imposition of these fees/exactions. If 22 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 23 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. 25 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 26 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 27 project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a 2g NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PCRESONO. 6312 -5- 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 20th day of June, 2007 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Baker, Commissioners Boddy, Dominguez, Douglas, and Montgomery Commissioners Cardosa and Whitton JULIE WUCER, Chairperson PLANNING COMMISSION ATTEST: DON NEU Planning Director PCRESONO. 6312 -6-