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HomeMy WebLinkAbout2009-01-07; Planning Commission; Resolution 65181 PLANNING COMMISSION RESOLUTION NO. 6518 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT CDP 08-14 TO ALLOW 4 FOR THE INSTALLATION OF A DRIVE-THRU TELLER LANE AT A UNION BANK OF CALIFORNIA LOCATED WITHIN THE POINSETTIA VILLAGE SHOPPING CENTER 6 ON PROPERTY GENERALLY LOCATED AT 7180 AVENIDA ENCINAS, IN THE MELLO II SEGMENT OF THE LOCAL 7 COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 9. 8 CASE NAME: UNION BANK OF CALIFORNIA DRIVE- 9 THRU CASE NO.: CDP 08-14 10 WHEREAS, Reynaldo Osegueda, "Developer," has filed a verified application ^2 with the City of Carlsbad regarding property owned by Oberlin Partners, LLC, "Owner," 13 described as 14 Lot 7 of Parcel Map 15187, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego, March 28, 1988 as file number 88- 16 140044 17 ("the Property"); and 1 R WHEREAS, said verified application constitutes a request for a Coastal 19 Development Permit as shown on Exhibits "A"-"N" dated January 7, 2009, on file in the 20 Planning Department, UNION BANK OF CALIFORNIA DRIVE-THRU - CDP 08-14, as 21 provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and 23 WHEREAS, the Planning Commission did, on January 7, 2009, hold a duly 24 noticed public hearing as prescribed by law to consider said request; and 25 WHEREAS, at said public hearing, upon hearing and considering all testimony 26 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 27 relating to the CDP. 28 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad as follows: 3 A) That the foregoing recitations are true and correct. 4 <- B) That based on the evidence presented at the public hearing, the Planning Commission APPROVES UNION BANK OF CALIFORNIA DRIVE-THRU 6 - CDP 08-14, based on the following findings and subject to the following conditions: Findings: 1. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the drive-thru teller lane is consistent with the Mello II Local Shopping Center Land Use designation; and no agricultural 10 activities, steep slopes, sensitive resources, geological instability, flood hazard, or coastal access opportunities exist onsite; and the development does not obstruct any views of the coastline as seen from public lands or public right-of-ways, nor otherwise damage the visual beauty of the coastal zone. , T 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 % mile from the Pacific Ocean; therefore, 14 no coastal access opportunities or water oriented recreational activities exist on or near the site. 15 3. The project is consistent with the provisions of the Coastal Resource Protection Overlay 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 18 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 19 site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. 4. 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 22 environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15311 - exemption for the 23 construction of minor structures that are appurtenant to existing commercial _ . facilities - 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 25 Guidelines do not apply to this project. 26 5. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 9 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or «„ provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational PCRESONO. 6518 -2- facilities; libraries; government administrative facilities; and open space, related to the 2 project will be installed to serve new development prior to or concurrent with need. 3 6. 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 4 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:6 7 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit or building permit whichever occurs first. 8 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 IQ 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 11 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 12 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 or a successor in interest by the City's approval of this Coastal Development Permit. 14 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 15 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 17 development, different from this approval, shall require an amendment to this approval. 18 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. 2Q 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 21 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 22 unless the City Council determines that the project without the condition complies with all requirements of law. 24 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 25 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, 27 (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 28 (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 PCRESONO. 6518 -3- facility of electromagnetic fields or other energy waves or emissions. This obligation 2 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 3 6. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 9 Local Facilities Management Plan and any amendments made to that <- Plan prior to the issuance of building permits. 6 7. This approval is granted subject to the approval of CUP 08-13 and is subject to all conditions contained in Planning Commission Resolution No. 6517 for those other approvals incorporated herein by reference. o 8. The applicant shall apply for and be issued building permits for this project within two 9 (2) years of approval or this coastal development permit will expire unless extended per Section 21.201.210 of the Zoning Ordinance. 10 9. Prior to the issuance of the grading permit or building permit whichever occurs first, the Developer shall submit to the City a Notice of Restriction executed by the owner of the real property 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 13 parties and successors in interest that the City of Carlsbad has issued a Coastal Development Permit - CDP 08-14 by Resolution No. 6518 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 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. 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 "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 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. PCRESONO. 6518 -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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on January 7, 2009, by the following vote, to wit: AYES: NOES: Commissioners Boddy, Cardosa, Dominguez, Douglas, Montgomery, and Chairperson Whitton ABSENT: Commissioner Baker ABSTAIN: /FRANK H. WHITTON, Chairperson^ CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PCRESONO. 6518 -5-