HomeMy WebLinkAbout2009-02-18; Planning Commission; Resolution 65341 PLANNING COMMISSION RESOLUTION NO. 6534
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A COASTAL DEVELOPMENT 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.: CDP 07-07(A)
* * 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°31'12" east 399.93 feet (north 67°31'17"
3 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
9 WHEREAS, said verified application constitutes a request for a Coastal
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Development Permit Amendment as shown on Exhibits "A" - "J" dated February 18, 2009,
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on file in the Planning Department, BJ'S RESTAURANT & BREWHOUSE - CDP 07-07(A),
, - as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and
14 WHEREAS, the Planning Commission did, on February 18, 2009, hold a duly
15 noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
17 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the CDP.
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2Q NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
21 Commission of the City of Carlsbad as follows:
22 A) That the foregoing recitations are true and correct.
23 B) That based on the evidence presented at the public hearing, the Commission
24 RECOMMENDS APPROVAL of BJ'S RESTAURANT & BREWHOUSE -
CDP 07-07(A) based on the following findings and subject to the following
25 conditions:
Findings:26 *-
1. That the proposed development is in conformance with the Mello II Segment of the
Certified Local Coastal Program and all applicable policies in that the proposed use is
28 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
PC RESO NO. 6534 -2-
obstruct views of the coastline as seen from any public lands or public rights-of-
2 way; the project is consistent with the City of Carlsbad's HMP, which has been
developed so as to implement and be consistent with all provisions of the LCP; the
3 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
implement the National Pollution Discharge Elimination System (NPDES)
standards; and the site is geologically stable.
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 not located between the sea and the first public
7 road parallel to the sea, and therefore no coastal access areas or water-oriented
recreational activities exist on or near the project site.
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
10 City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard
Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff
1 1 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
site is not located in an area prone to landslides, or susceptible to accelerated erosion,
I ., floods, or liquefaction.
14 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
15 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.
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Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading permit or building permit, whichever occurs 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
~, 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
22 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
23 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
25 Amendment.
26 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Coastal Development Permit Amendment documents, as
27 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.
PC RESO NO. 6534 -3-
3. Any proposed development, different from this approval, shall require an amendment to
2 this approval.
3 4. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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,- 5. 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.8
a 6. 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 Coastal Development Permit
12 Amendment, (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.
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7. This approval is granted subject to the approval of CUP 07-03(A) and is subject to all
17 conditions contained in Planning Commission Resolutions No. 6533 for those other
approvals incorporated herein by reference.
jo 8. This project shall comply with all conditions required as part of the approved Coastal
Development Permit (CDP 07-07) as contained in Planning Commission Resolution No.
20 6437 except Condition No. 9 which is replaced by Condition No. 9 below.
^ 9. The applicant shall apply for and be issued building permits for this project within two
~~ (2) years of approval or this Coastal Development Permit Amendment will expire unless
extended per Section 21.201.210 of the Zoning Ordinance.
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24 NOTICE
25 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
26 "fees/exactions."
97 You have 90 days from date of final approval to protest imposition of these fees/exactions. If
2g 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
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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 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:
MARTELTB. MONTGOMERY, UMrperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PC RESO NO. 6534 -5-