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HomeMy WebLinkAbout2008-07-16; Planning Commission; Resolution 64371 PLANNING COMMISSION RESOLUTION NO. 6437 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A COASTAL DEVELOPMENT PERMIT TO 4 CONSTRUCT A 7,511 SQUARE FOOT STAND ALONE 5 RESTAURANT, A 44,391 SQUARE FOOT COMMERCIAL RETAIL CENTER, AND A VACANT PAD FOR A FUTURE 6 STAND ALONE RESTAURANT ON A 6.96 ACRE PARCEL GENERALLY LOCATED ON THE WEST SIDE OF PASEO DEL 7 NORTE, NORTH OF KING'S FISH HOUSE, SOUTH OF CAR COUNTRY DRIVE, AND EAST OF THE INTERSTATE 5 FREEWAY, WITHIN THE MELLO II SEGMENT OF THE 9 LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 3. 10 CASE NAME: CARLSBAD PASEO CASE NO.: CDP 07-07 11 WHEREAS, Strategic Property Advisors, Inc., "Developer," has filed a verified 13 application with the City of Carlsbad regarding property owned by CPT/SC Title Holding 14 Corporation, "Owner," described as 15 Portions of Parcel 2 and 3 of Parcel Map No. 11284, filed in the 1, Office of the County Recorder of San Diego County, May 11,10 1981 and lot 4 of Carlsbad Tract No. 92-7 (Carlsbad Ranch Unit 1 And Unit 2), according to map thereof No. 13078, filed in the Office of the County Recorder of San Diego County, December 28, 1993, all in the City of Carlsbad, County of San Diego, State of California, more particularly described as follows:19 Beginning at the northeasterly corner of said Parcel 3, said corner being the most northerly corner of said Lot 4, said corner being the point of beginning; thence southerly along the easterly line of said Lot 4, south 22°29'26" east (south 22 22°29'26" east per said Map No. 13078) 925.00 feet to the beginning of a tangent curve concave northeasterly having a 23 radius of 557.00 feet; thence southeasterly along said curve through a central angle of 11°20'36" a distance of 110.27 feet 24 to a point on said easterly line, a radial through said point bears south 56°09'58" west; thence leaving said easterly line 25 south 55°50'26" west 343.71 feet to the westerly line of said Parcel 2; thence northwesterly along the westerly line of said Parcels 2 and 3, north 26°48'03" west (north 26°47'14" west 27 per said Parcel Map 11284) 738.65 feet to an angle point corner of said Parcel 3; thence continuing along said westerly line 28 north 25°12'24" west 300.01 feet (north 25°11'47" west 300.01 feet per said parcel map) to an angle point corner of said parcel map; thence continuing along said westerly line north 1 26°15'29" west 68.05 feet (north 26°15'48" west 68.03 feet per said parcel map) to the northwest corner of said Parcel 3 of said parcel map; thence easterly along the northerly line of 3 said Parcel 3, north 67°31'12" east 399.93 feet (north 67°31'17" east 400.00 feet per said parcel map) to the point of beginning. 4 Said land is also described as Parcel A in that certain 5 Certificate of Compliance for Adjustment Plat, dated October 1, 2002, and recorded October 18, 2002, as Document No. 2002- 0913260, Official Records of San Diego County, California. 7 ("the Property"); and 8 WHEREAS, said verified application constitutes a request for a Coastal 10 Development Permit as shown on Exhibits "A" - "NN" dated July 16, 2008, on file in the 11 Planning Department, CARLSBAD PASEO - CDP 07-07, as provided by Chapter 21.201.040 12 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on July 16, 2008, hold a duly noticed 14 public hearing as prescribed by law to consider said request; and 15 WHEREAS, at said public hearing, upon hearing and considering all testimony16 17 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 18 relating to the CDP. 19 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 20 Commission of the City of Carlsbad as follows: 21 A) That the foregoing recitations are true and correct. 22 B) That based on the evidence presented at the public hearing, the Commission 23 RECOMMENDS APPROVAL of CARLSBAD PASEO - CDP 07-07 based on 24 the following findings and subject to the following conditions: Findings: 25 1. That the proposed development is in conformance with the Mello II Segment of the 26 Certified Local Coastal Program and all applicable policies in that the proposed uses are consistent with the Travel Service (TS) LCP Land Use designation; there is no historic evidence of agricultural use of the property; the development does not 28 obstruct views of the coastline as seen from any public lands or public rights-of- way; the project is consistent with the City of Carlsbad's HMP, which has been PC RESO NO. 6437 -2- developed so as to implement and be consistent with all provisions of the LCP; the 2 project has been designed to reduce the amount of runoff to the maximum extent practicable, utilizes Low Impact Design (LID), and has been conditioned to 3 implement the National Pollution Discharge Elimination System (NPDES) standards; and the site is geologically stable. 4 2. 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. 7 The project is consistent with the provisions of the Coastal Resource Protection Overlay 8 Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. No steep slopes or native vegetation is located on the subject property and the 11 site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. 12 4. 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 14 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. 15 Conditions: 16 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit or building permit, whichever occurs first. 18 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 19 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 22 property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 23 or a successor in interest by the City's approval of this Coastal Development Permit. 24 Staff is authorized and directed to make, or require the Developer to make, all corrections 25 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. 26 Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 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. PC RESO NO. 6437 -3- 4. If any condition for construction of any public improvements or facilities, or the payment 2 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 3 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 4 all requirements of law. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 6 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 7 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 9 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 10 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 , 2 approval is not validated. 13 6. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and CUP 07-03 and is subject to 14 all conditions contained in Planning Commission Resolutions No. 6435 and 6436 for , those other approvals incorporated herein by reference. 16 7. This approval is granted subject to the approval of the Minor Subdivision (MS 07-02) and is subject to all conditions contained in the City Engineer's approval letter for this 17 other approval incorporated herein by reference. 1 O 8. Developer shall implement, or cause the implementation of, the CARLSBAD PASEO - 19 CUP 07-03/CDP 07-07/MS 07-02 Project Mitigation Monitoring and Reporting Program. 20 9. The applicant shall apply for and be issued building permits for this project within two 21 (2) years of approval or this coastal development permit will expire unless extended per 22 Section 21.201.210 of the Zoning Ordinance. 23 10. Prior to the issuance of building permits, the applicant shall apply for and obtain a grading permit issued by the City Engineer. 24 25 NOTICE 26 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." 28 PC RESO NO. 6437 -4- 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 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. 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 July 16, 2008, by the following vote, to wit: AYES: NOES: Commissioners Baker, Boddy, Dominguez, Douglas, Montgomery, and Chairperson Whitton ABSENT: Commissioner Cardosa ABSTAIN: 'FRANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6437 -5-