HomeMy WebLinkAbout2011-03-16; Planning Commission; Resolution 67691 PLANNING COMMISSION RESOLUTION NO. 6769
2
A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A COASTAL DEVELOPMENT PERMIT
4 AMENDMENT CDP 05-14(A) TO ALLOW THE
CONSTRUCTION OF A MIXED USE DEVELOPMENT
PROJECT CONSISTING OF NINE (9) CONDOMINIUM UNITS
6 AND 1,155 SQUARE FEET OF COMMERCIAL/RETAIL
SPACE ON PROPERTY GENERALLY LOCATED AT 3044
7 STATE STREET IN LAND USE DISTRICT 1 OF THE
VILLAGE REVIEW ZONE IN LOCAL FACILITIES
8 MANAGEMENT ZONE 1.
9 CASE NAME: STATE STREET MIXED USE
CASE NO.: CDP 05-42(A)
10
WHEREAS, Karnak Planning and Design, "Applicant," has filed a verified
11
application with the City of Carlsbad regarding property owned by 3044 State Street, LLC,
13 "Owner," described as Assessor Parcel Number 203-297-04 , and more thoroughly described
14 as,
Lots 13 and 14 in Subdivision of a portion of Tract 106,
i /- Carlsbad Lands, in the City of Carlsbad, County of San Diego,
State of California, according to map thereof No. 1710, filed in
17 the office of the County Recorder of San Diego County,
December 9,1919,
18
("the Property") and
20 WHEREAS, said verified application constitutes a request for a Coastal
21 Development Permit Amendment as shown on Exhibits "A-T" dated March 16, 2011, on file in
22 the Housing and Neighborhood Services Department, CDP 05-42(A) - STATE STREET
23 MIXED USE, as provided by Chapter 21.81.040 of the Carlsbad Municipal Code; and
24
WHEREAS, the Planning Commission did, on March 16, 2011, hold a duly
25
noticed public hearing as prescribed by law to consider said request; and26
27 WHEREAS, at said public hearing, upon hearing and considering all testimony
28 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the CDP.
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 Commission
RECOMMENDS APPROVAL of CDP 05-42(A) - STATE STREET MIXED
5 USE based on the following findings and subject to the following conditions:
7 Findings:
8 1. That the proposed development is in conformance with the Carlsbad Village Master
Plan and Design Manual, which serve as the Certified Local Coastal Program for the
City of Carlsbad Segment of the California Coastal Zone and all applicable policies in
10 that the development does not obstruct views or otherwise damage the visual beauty
of the coastal zone, and no agricultural activities, sensitive resources, geological
11 instability exist on the site.
12 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 adjacent to the shore. Therefore, the
development will not interfere with the public's right to physical access to the sea
14 and the site is not suited for water-oriented recreation activities.
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
16 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
jg 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,
19 floods, or liquefaction.
20 Conditions:
21 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance
22 of building permits.
23 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
24 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
26 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
27 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
Amendment.
PC RESO NO. 6769 -2-
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
2 and modifications to the Coastal Development Permit Amendment documents, as
necessary to make them internally consistent and in conformity with the final action on
3 the project. Development shall occur substantially as shown on the approved Exhibits.
Any proposed development, different from this approval, shall require an amendment to
4 this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
5 regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment
7 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 66020. If any such condition is determined to be invalid, this approval shall be
n invalid unless the City Council determines that the project without the condition complies
with all requirements of law.
10
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
11 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
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
13 or indirectly, from (a) City's approval and issuance of this Coastal Development Permit
Amendment, (b) City's approval or issuance of any permit or action, whether
14 discretionary or nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
15 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
17 approval is not validated.
18 6. Developer shall submit to the Housing and Neighborhood Services Department a
reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by
the final decision-making body.
20 7. This project shall comply with all conditions and mitigation measures which are required
21 as part of the Zone 1 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
22
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
24 adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
25 facilities will continue to be available until the time of occupancy.
26 9. This approval is granted subject to the approval of RP 05-10(A) and CT 05-20(A), and is
~7 subject to all conditions contained in Planning Commission Resolutions No. 6767 and
6768 for those other approvals incorporated herein by reference.
28
PC RESO NO. 6769 -3-
10. The applicant shall apply for and be issued building permits for this project within two
2 (2) years of approval or this coastal development permit will expire unless extended per
Section 21.201.210 of the Zoning Ordinance.
3
11. Prior to the issuance of building permits, the applicant shall apply for and obtain a
grading permit issued by the City Engineer. ;
12. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
5 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
7 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
o approval will not be consistent with the General Plan and shall become void.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PC RESO NO. 6769 -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
NOTICE
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."
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 March 16, 2011, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson L'Heureux, Commissioners Black, Dominguez,
Montgomery, Nygaard, Schumacher and Siekmann
STEPHEN "BXP" L'HEUREUX, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PC RESO NO. 6769 -5-