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HomeMy WebLinkAbout2011-12-07; Planning Commission; Resolution 68405 ^ PLANNING COMMISSION RESOLUTION NO. 6840 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A 535 SQUARE 4 FOOT BAR/COCKTAIL LOUNGE AS AN ANCILLARY USE IN CONJUNCTION WITH AN APPROVED MOVIE THEATER TENANT IMPROVEMENT PRESENTLY UNDER 6 CONSTRUCTION IN THE VACATED ULTRA STAR LA COSTA 6 CINEMAS LOCATION AT 6941 EL CAMINO REAL, 7 WITHIN THE PLAZA PASEO REAL SHOPPING CENTER WEST OF EL CAMINO REAL BETWEEN DOVE LANE AND AVIARA PARKWAY, THE MELLO II SEGMENT OF THE 9 LOCAL COASTAL PROGRAM, AND THE LOCAL FACILITIES MANAGEMENT ZONE 6. 10 CASE NAME: CINEPOLIS LUXURY CINEMAS CASE NO.: CUP 11-03 11 j2 WHEREAS, California Cinema Investments, "Developer," has filed a verified 13 application with the City ofCarisbad regarding property owned by Plaza Paseo Real Associates, 14 LLC, "Owner," described as " Parcel 3 of Parcel Map No. 16044 recorded on April 5, 1990 at 16 the San Diego County Recorder's Office as Document No. 90- 184248 17 18 J g WHEREAS, said verified application constitutes a request for a Conditional Use 20 Permit as shown on Exhibits "A" - "G" dated December 7, 2011, on file in the Planning 21 Department, CINEPOLIS LUXURY CINEMAS - CUP 11-03, as provided by Chapter 21.42 22 23 24 25 26 WHEREAS, at said public hearing, upon hearing and considering all testimony 27 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 28 relating to the CUP. ("the Property"); and and of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on December 7, 2011, hold a duly noticed public hearing as prescribed by law to consider said request; and 15 22 25 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. - B) That based on the evidence presented at the public hearing, the Commission APPROVES CINEPOLIS LUXURY CINEMAS - CUP 11-03, based on the 6 following findings and subject to the following conditions: 7 Findings: 1. That the requested use is necessary or desirable for the development of the community, 9 and is in harmony with the various elements and objectives of the general plan, in that: 10 a. The requested use is necessary and desirable for the development of the community in that the proposed bar/cocktail lounge use, which is an ancillary 11 but integral component of this unique luxury movie theater dining concept, 12 provides an opportunity for the local shopping center to supplement its principal function of providing the local neighborhood with daily goods and services by 13 also including an entertainment venue that caters to all age groups, enhances the shopping center environment, and provides jobs for the local community. 14 Additionally, the proposed ancillary use when combined with the luxury movie theater dining concept replaces an existing but vacant movie theater and serves to support the neighboring businesses through re-tenanting of an existing space, 16 rehabilitating the building's interior with luxury amenities, enhancing the exterior facade with high quality building materials, and enlivening the northern 17 end of the existing shopping center. 1 ° b. The requested use is in harmony with the various elements and objectives of the -^g general plan in that the proposed bar/cocktail lounge is a secondary tenant commercial use that is conditionally permitted within the Local Shopping Center 20 (C-L) Zone. Since the C-L Zone implements the Local Shopping Center (L) General Plan Land Use designation, the use is in compliance with the General 21 Plan. Additionally, the proposed use is contained entirely within the interior confines of an existing commercially zoned (C-L) building of an existing Local Commercial Shopping Center and does not propose to generate additional noise. 23 In fact, through the approved tenant improvements, the proposed use when cumulatively considered reduces noise at the site in that all outdoor associated 24 uses with the previous theater (i.e., the outdoor box office with amplified voice speaker box) are being removed and replaced by an interior located ticket counter. Lastly, the proposed use does not increase traffic. In fact, the proposed 2^ use reduces traffic when the theater seating reduction (i.e., 1,500 seats to 532 seats) associated with the theater renovations are cumulatively considered. 27 Average daily trips (ADT) are reduced from 2,700 ADT to 958 ADT. 28 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located in that the proposed bar/cocktail PC RESO NO 6840 -2- 5 lounge, as an integral component of the luxury movie theater dining concept, will 2 function similarly to the other four alcohol serving dining establishments (i.e., Joey's Smokin' BBQ & Doc's Saloon, Tomoyama Sushi, Tuscany Ristorante, and Tin 3 Leaf) located within the Plaza Paseo Real Shopping Center. 4 3. That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the 6 Planning Director, planning commission or city council, in order to integrate the use with other uses in the neighborhood, in that pursuant to C.M.C. Section 21.31.050(D)(1), the 7 tenant improvements associated with the proposed use are exempt from the requirement to amend the existing Site Development Plan (SDP 86-11 A) for the Plaza Paseo Real Shopping Center and the C-L Development Standards. The 9 project otherwise complies with all development standards and special regulations identified in C.M.C. Section 21.42.140(B)(20) for a Bar and Cocktail Lounge. 10 II 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the street system serving the existing center is 12 currently operating at an acceptable level of service. When the proposed bar/cocktail lounge use and the movie theater auditorium seating reductions (i.e., 13 1,500 seats to 532 seats) associated with the movie theater renovations are cumulatively considered, the average daily trips (ADT) associated with the overall 14 project are reduced from 2,700 ADT to 958 ADT. Therefore, the existing street ^ ^ system will continue to be adequate to properly handle all project traffic. 15 5. That the proposed use complies with all development standards and special regulations of Section 21.42.140(B)(20) of the C.M.C. as discussed within Section 17 "B" and "C" of the staff report. 6. That the Planning Director has determined that the project belongs to a class of projects j9 that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the 20 preparation of environmental documents pursuant to Section 15301 (Class 1) - Existing Facilities of the state CEQA Guidelines in that the project involves the minor interior 21 alterations of an existing movie theater building to accommodate the addition of a 22 bar/cocktail lounge as an ancillary use in conjunction with a movie theater use. In making this determination, the Plarming Director has found that the exceptions listed in 23 Section 15300.2 of the state CEQA Guidelines do not apply to this project. 24 7. The Plarming 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 to mitigate impacts caused by or reasonably related to the project, and the extent and the 26 degree of the exaction is in rough proportionality to the impact caused by the project. 27 Conditions: 28 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the exercise of use. PC RESO NO. 6840 -3- ' If any of the following conditions fail to occur, or if they are, by their terms, to be 2 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 3 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 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 6 or a successor in interest by the City's approval of this Conditional Use Permit. 5 7 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use Permit documents, as necessary to make them intemally consistent and in conformity with the final action on the project. Development 9 shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 10 „ 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 11 regulations in effect at the time of building permit issuance. 12 If any condition for construction of any public improvements or facilities, or the payment 13 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 Govemment Code Section 14 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. 15 16 Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 17 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 attomey's fees incurred by the City arising, directly j9 or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, (b) City's approval or issuance of any permit or action, whether discretionary or 20 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 21 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 23 approval is not validated. 22 24 6. This approval shall become null and void if the use is not exercised within 18 months from the date of project approval. 26 7. 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 27 Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a(n) Conditional 28 Use Permit by Resolution No. 6840 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and PC RESO NO. 6840 -4- 5 all conditions of approval as well as any conditions or restrictions specified for inclusion 2 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 3 good cause by the Developer or successor in interest. 4 8. CUP 11-03 shall be reviewed by the Planning Director aimually to determine if all conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health, safety and general welfare. 6 If the Planning Director determines that: 1) the Conditional Use Permit was obtained by fraud or misrepresentation; or 2) the use for which such approval was granted is not being 7 exercised; or 3) the Conditional Use Permit is being or recently has been exercised contrary to any of the terms or conditions of approval or the conditions of approval have not been met; or 4) the use for which such approval was granted has ceased to exist or has 9 been suspended for one year or more; or 5) the use is in violation of any statute, ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is 10 being or has been so exercised as to be detrimental to the public health, safety or welfare or so as to constitute a nuisance, the Planning Director shall reconunend that the Planning 11 Commission hold a public hearing and after providing the permittee the opportunity to be j2 heard, the Planning Commission may revoke and terminate the Conditional Use Permit in whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose 13 new conditions. 14 9. This Conditional Use Permit is granted for a period of ten (10) years from December 7, 2011 through December 7, 2021. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect on surrounding land 16 uses and the public's health and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time not to exceed ten (10) 17 years upon written application of the permittee made no less than 90 days prior to the expiration date. The Planning Commission may not grant such extension, unless it finds that there are no substantial negative effects on surrounding land uses or the public's health and welfare. If a substantial negative effect on surrounding land uses or the public's health and welfare is found, the extension shall be denied or granted with 20 conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the Planning Commission may grant. 15 21 22 10. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building 23 permit issuance, except as otherwise specifically provided herein. 24 U. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the Califomia Building Code. 25 25 12. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Planning 27 Director prior to installation of such signs. 28 PC RESO NO. 6840 -5- 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 Govemment 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, Califomia, held on December 7, 2011 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard, Schumacher, Scully and Siekmann STEPHEN "HAP" L'HEJ^EUX, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6840 -6-