HomeMy WebLinkAbout2009-02-18; Planning Commission; Resolution 65331 PLANNING COMMISSION RESOLUTION NO. 6533
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A CONDITIONAL USE PERMIT
4 AMENDMENT FOR THE DEVELOPMENT OF AN 8,376
5 SQUARE FOOT STAND ALONE RESTAURANT WITH 1,085
SQUARE FEET OF OUTDOOR DINING ON PROPERTY
6 GENERALLY LOCATED ON THE WEST SIDE OF PASEO DEL
NORTE, NORTH OF AN APPROVED RETAIL COMMERCIAL
7 CENTER, SOUTH OF CAR COUNTRY DRIVE, AND EAST OF
THE INTERSTATE 5 FREEWAY, WITHIN THE MELLO II
8 SEGMENT OF THE LOCAL COASTAL PROGRAM AND
9 LOCAL FACILITIES MANAGEMENT ZONE 3.
CASE NAME: BJ'S RESTAURANT & BREWHOUSE
10 CASE NO.: CUP 07-03(A) '
*1 I WHEREAS, BJ's Restaurant, Inc., "Developer," has filed a verified application
12 with the City of Carlsbad regarding property owned by CPT/SC Title Holding Corporation,
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"Owner," described as
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Portions of Parcel 2 and 3 of Parcel Map No. 11284, filed in the
15 Office of the County Recorder of San Diego County, May 11,
1981 and Lot 4 of Carlsbad Tract No. 92-7 (Carlsbad Ranch
16 Unit 1 and Unit 2), according to map thereof No. 13078, filed in
the Office of the County Recorder of San Diego County,
17 December 28, 1993, all in the City of Carlsbad, County of San
Diego, State of California, more particularly described as
18 follows:
19 Beginning at the northeasterly corner of said Parcel 3, said
corner being the most northerly corner of said Lot 4, said
20 corner being the point of beginning; thence southerly along the
easterly line of said Lot 4, south 22°29'26" east (south
21 22°29'26" east per said Map No. 13078) 925.00 feet to the
22 beginning of a tangent curve concave northeasterly having a
radius of 557.00 feet; thence southeasterly along said curve
23 through a central angle of 11°20'36" a distance of 110.27 feet
to a point on said easterly line, a radial through said point
24 bears south 56°09'58" west; thence leaving said easterly line
south 55°50'26" west 343.71 feet to the westerly line of said
25 Parcel 2; thence northwesterly along the westerly line of said
Parcels 2 and 3, north 26°48'03" west (north 26°47'14" west
per said Parcel Map 11284) 738.65 feet to an angle point corner
27 of said Parcel 3; thence continuing along said westerly line
north 25°12'24" west 300.01 feet (north 25°11'47" west 300.01
28 feet per said parcel map) to an angle point corner of said
parcel map; thence continuing along said westerly line north
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
said Parcel 3, north 67°3ri2" 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
Certificate of Compliance for Adjustment Plat, dated October
5 1, 2002, and recorded October 18, 2002, as Document No. 2002-
,- 0913260, official records of San Diego County, California;
7 APN 211-021-30
8 ("the Property"); and
Q
WHEREAS, said verified application constitutes a request for a Conditional Use
10 Permit Amendment as shown on Exhibits "A" - "J" dated February 18, 2009, on file in the
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Planning Department, BJ'S RESTAURANT & BREWHOUSE - CUP 07-03(A), as provided
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13 by the conditions of approval of CUP 07-03 and Chapter 21.42 and/or 21.50 of the Carlsbad
14 Municipal Code; and
15 WHEREAS, the Planning Commission did, on February 18, 2009, hold a duly
noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
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and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
2Q relating to the CUP amendment; and
21 WHEREAS, on August 12, 2008, the Planning Commission approved CUP 07-
22 03, as described and conditioned in Planning Commission Resolution No. 6436.
23 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
24
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.26
27 B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of BJ'S RESTAURANT & BREWHOUSE -
28 CUP 07-03(A) based on the following findings and subject to the following
conditions:
PCRESONO. 6533 -2-
Findings:
2 1. That the requested use is necessary or desirable for the development of the community,
3 and is in harmony with the various elements and objectives of the general plan, including,
if applicable, the certified local coastal program, specific plan or master plan, in that it
will provide a service to the travel and recreational needs of tourists, residents, and
c employees of the surrounding businesses and industrial centers, and as discussed in
Section A of the project staff report, the use is consistent with the General Plan.
6
2. That the requested use is not detrimental to existing uses or to uses specifically permitted
7 in the zone in which the proposed use is to be located in that the project has been
designed to accommodate all parking onsite within Parcel "C", provides for
adequate traffic circulation around the building and within the overall "Paseo
9 Galleria" Center, and incorporates all of the required development standards of the
Commercial Tourist and Commercial/Visitor-Serving Overlay Zone, to ensure
10 compatibility of the project with the surrounding community.
3. That the site for the proposed conditional use is adequate in size and shape to
, 2 accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas,
landscaping and other development features prescribed in this code and required by the
13 planning director, planning commission or city council, in order to integrate the use with
other uses in the neighborhood, in that the project can fit within the proposed
14 development area (1.93-acre Parcel "C") without the need for any development
standard modifications. Furthermore, the project complies with all of the required
development standards and parking requirements of the Commercial Tourist (C-T)
16 Zone and the Commercial/Visitor-Serving Overlay Zone in that, adequate building
and landscape setbacks are provided; the proposed building is designed with
17 enclosed service areas to conceal trash receptacles and storage of supplies; and roof-
mounted mechanical equipment is fully screened from public view below the
building parapet.
19 4. That the street system serving the proposed use is adequate to properly handle all traffic
20 generated by the proposed use, in that traffic for the proposed restaurant use was
previously analyzed as part of the approved "Paseo Galleria" Center, and through
21 • project design and traffic mitigation associated with that project, the street system
22 serving the proposed project is adequate to properly handle all traffic that is
expected to be generated, and all intersections and roadway segments serving the
23 project will operate at acceptable levels of service.
24 5. That the proposed project is adequately designed to accommodate the high percentage of
visitor, tourist, and shuttle/bus alternative transportation users anticipated given the
proposed use and site location within the overlay zone in that, the onsite circulation
26 system has been adequately designed to accommodate the flow of traffic without
. creating conflicts between uses, and the site provides the required number of
27 parking spaces necessary to accommodate the proposed restaurant use.
Furthermore, the project is part of the "Paseo Galleria" Center, which includes
2° reciprocal access agreements between each of the individual parcels and the
adjacent uses to the south to ensure cross project vehicular circulation, and an
PC RESO NO. 6533 -3-
interconnected pathway between the subject site, the public right-of-way, and the
2 adjacent parcels to the south ensures safe cross-project pedestrian circulation.
3 6. That the building form, building colors, and building materials combine to provide an
architectural style of development that will add to the objective of high quality
^ architecture and building design within the overlay zone in that, the building has been
e designed with an alternative architectural design, which is compatible with other
existing and approved surrounding buildings within the vicinity. The proposed
6 building represents a high quality of architectural design through the use of varied
building forms, high quality building materials, and decorative architectural
1 elements. This combination of architectural elements creates a building that is
complementary to the surrounding development, and adds to the objective of high
quality architecture and building design within the overlay zone.
9
7. That the project complies with all development and design criteria of the overlay zone in
10 that, the project meets or exceeds all of the development and design criteria of the
overlay zone including, but not limited to parking, screening, building height,
building setbacks, building design, and landscaping.
12 8. The Planning Commission finds that the project, as conditioned herein, is in conformance
13 with the Elements of the City's General Plan, based on the facts set forth in the staff
report dated February 18, 2009.
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9. The Planning Director has determined that:
16 a. The project is a project for which a Mitigated Negative Declaration and
Mitigation Monitoring & Reporting Program (Carlsbad Paseo - CUP 07-03)
17 was previously adopted [ 15162];
10 b. This project is consistent with the project cited above;
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c. A Mitigated Negative Declaration and Mitigation Monitoring & Reporting
20 Program (Carlsbad Paseo - CUP 07-03) was adopted by the City Council on
August 12, 2008 in connection with the prior project or plan;
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~~ d. The project has no new significant environmental effect not analyzed as
significant in the prior Mitigated Negative Declaration and Mitigation
23 Monitoring & Reporting Program;
24 e. None of the circumstances requiring a Subsequent Mitigated Negative
Declaration under CEQA Guidelines Sections 15162 exist; and
26 f- The Planning Commission finds that all feasible mitigation measures identified
in the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
27 Program (Carlsbad Paseo - CUP 07-03, dated August 12, 2008) which are
appropriate to this Subsequent Project have been incorporated into this
Subsequent Project.
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10. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
2 Facilities Management Plan for Zone 3 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
3 provide funding to ensure that all facilities and improvements regarding sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
e- project will be installed to serve new development prior to or concurrent with need.
Specifically,
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a. The project has been conditioned to provide proof from the Carlsbad
7 Unified School District that the project has satisfied its obligation for
school facilities,o
9 b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44,
and will be collected prior to issuance of building permit.
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c. The Public Facility fee is required to be paid by Council Policy No. 17 and
will be collected prior to the issuance of building permit.
12 11. The project is consistent with the adopted Airport Land Use Compatibility Plan for the
13 McClellan-Palomar Airport (ALUCP), dated October 2004, in that the previously
approved "Paseo Galleria" Center (which includes this site) is conditioned to record a
14 notice concerning aircraft noise. The project is compatible with the projected noise levels
. - of the ALUCP; and, based on the noise/land use compatibility matrix of the ALUCP, the
proposed land use is compatible with the airport, in that the proposed restaurant is
16 outside the ALUCP 60 CNEL noise contour.
17 12. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).18
19 13. 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
20 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.
21
~~ Conditions;
23 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading permit or building permit, which ever shall occur first.
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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
26 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
27 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
2° 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
PC RESO NO. 6533 -5-
or a successor in interest by the City's approval of this Conditional Use Permit
2 Amendment.
3 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use Permit Amendment documents, as necessary
to make them internally consistent and in conformity with the final action on the project,
c Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
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3. Developer shall comply with all applicable provisions of federal, state, and local laws and
7 regulations in effect at the time of building permit issuance.
o
4. If any condition for construction of any public improvements or facilities, or the payment
9 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
10 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.
12 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
13 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
14 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 Conditional Use Permit
Amendment, (b) City's approval or issuance of any permit or action, whether
16 discretionary or nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
17 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
j9 approval is not validated.
20 6. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar
copy of the Site Plan reflecting the conditions approved by the final decision-making
21 body.
22 7. This approval is granted subject to the approval of CDP 07-07(A) and is subject to all
23 conditions contained in Planning Commission Resolutions No. 6534 for those other
approvals incorporated herein by reference.
24
8. This project shall comply with all conditions required as part of the approved Conditional
Use Permit (CUP 07-03) as contained in Planning Commission Resolution No. 6436
26 except Condition No. 12 and 15 which are replaced by Conditions No. 9 and 10 below.
27 9. This approval shall become null and void if building permits are not issued for this
project within 24 months from the date of project approval.28
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10. Developer shall submit to the City a Notice of Restriction executed by the owner of the
2 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
3 parties and successors in interest that the City of Carlsbad has issued a Conditional Use
Permit Amendment and Coastal Development Permit Amendment by Resolutions
No. 6533 and 6534 on the property. Said Notice of Restriction shall note the property
r 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
6 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.
8 NOTICE
9
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."
12 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
15 annul their imposition.
16 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
19 expired.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on February 18, 2009 by the following
vote, to wit:
AYES:
NOES:
Commissioners Baker, Boddy, Cardosa, Whitton, and Chairperson
Montgomery
ABSENT: Commissioners Dominguez and Douglas
ABSTAIN:
MARTECTB. MONTGOMERY,
CARLSBAD PLANNING COM!
ATTEST:
>erson
ION
DON NEU
Planning Director
PCRESONO. 6533 -8-