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HomeMy WebLinkAbout2011-12-07; Planning Commission; Resolution 68415 ^ PLANNING COMMISSION RESOLUTION NO. 6841 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A 3,451 SQUARE 4 FOOT RESTAURANT WITH AN 849 SQUARE FOOT OUTDOOR DINING AREA AS AN ANCILLARY COMMERCIAL USE IN A 37,050 SQUARE FOOT 6 PRODUCTION AND DISTRIBUTION FACILITY FOR THE PIZZA PORT RESTAURANT CHAIN AND PIZZA PORT 7 BREWING COMPANY, ON PROPERTY GENERALLY LOCATED NORTH OF GATEWAY ROAD, SOUTH OF PALOMAR AIRPORT ROAD, AND EAST OF EL FUERTE 9 STREET, ON LOT 10 OF CT 05-09 WITHIN PLANNING AREA 5 OF THE BRESSI RANCH MASTER PLAN AND THE LOCAL 10 FACILITIES MANAGEMENT ZONE 17. CASE NAME: PRODUCTION FACILITY AT BRESSI RANCH CASE NO: CUP 11-05 11 12 13 WHEREAS, Marsaglia Properties, LLC, "Developer," has filed a verified 14 application with the City of Carlsbad regarding property owned by The Rocelli Family Trust ^ ^ (VDT 1-28-97), "Owner," described as 16 Lot 10 of Carlsbad Tract No. CT 05-09 Bressi Ranch, in the 17 City of Carlsbad, County of San Diego, State of Califomia, according to Map No. 15669, filed in the office of the County Recorder of San Diego County, January 8, 2008 18 19 20 21 22 ("the Property"); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit as shown on Exhibits "A" - "M" dated December 7, 2011, on file in the Planning 23 Department, BRESSI RANCH PRODUCTION FACILITY - CUP 11-05, as provided by 24 Chapter 21.42 of the Carlsbad Municipal Code; and 2^ WHEREAS, the Planning Commission did, on December 7, 2011, hold a duly 26 noticed public hearing as prescribed by law to consider said request; and 27 " 28 ^ WHEREAS, at said public hearing, upon hearing and considering all testimony 2 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 3 relating to the CUP. 4 " 5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 6 Commission of the City of Carlsbad as follows: 7 A) That the foregoing recitations are tme and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES BRESSI RANCH PRODUCTION FACILITY - CUP 11-05, based on the following findings and subject to the following conditions: Findings: 10 11 12 (Note: These findings are not applicable to 1st Amendment uses; see Section 21.42.030.B) 13 1. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the general plan, including, 14 if applicable, the certified local coastal program, specific plan or master plan, in that the proposed restaurant, as an ancillary commercial use to the production and distribution facility, is oriented to support the surrounding industrial developments 15 and their populations. The project site is centrally located within Planning Area 5 of the Bressi Ranch industrial area and is also within close proximity and walking 17 distance of the Bressi Ranch residential community. The project's location makes it convenient for both employees of the surrounding industrial developments and also the residents of Bressi Ranch to access the restaurant. As discussed in Section "A" 19 of the project staff report, the restaurant is in harmony with the elements and objectives of the General Plan. 20 2. That the requested use is not detrimental to existing uses or to uses specifically permitted 21 in the zone in which the proposed use is to be located in that the proposed restaurant, 22 an ancillary commercial use to the production and distribution facility, provides support dining opportunities in close proximity and walking distance of the 23 surrounding industrial developments and also the residential community of Bressi Ranch and therefore is not detrimental to existing uses or those uses permitted in 24 the P-M Zone. The site design accommodates all required parking on-site and provides for adequate traffic circulation. 25 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, 27 landscaping and other development features prescribed in this code and required by the Planning Director, planning commission or city council, in order to integrate the use with 2^ other uses in the neighborhood, in that as discussed within Sections "B" through "E" of the project staff report, the project complies will all design criteria of the Bressi PC RESO NO. 6841 -2- 5 Ranch Master Plan, all development standards of the P-M Zone as identified in 2 C.M.C. Chapter 21.34, and all parking regulations as identified in C.M.C. Chapter 21.44. The proposed restaurant can be adequately accommodated within the future 3 Suite A and outdoor patio as proposed. 4 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the project is provided access from Gateway Road, a local street, and is located off of El Fuerte Street, a collector street, which 6 are currently operating at acceptable levels of service. The 430 average daily trips associated with this project can be accommodated by the existing street system. 7 5. The Planning Director has determined that: 9 a. the project is a subsequent activity of the Bressi Ranch Master Plan (MP 178), a project for which a program EIR was prepared, and a notice for the activity has 10 been given, which includes statements that this activity is within the scope of the program approved earlier, and that the program EIR adequately describes the ^ ^ activity for the purposes of CEQA); [15168( c)(2) and (e)]; and/or this project is consistent with the Master Plan cited above; and 12 13 c. the Bressi Ranch Master Plan Final EIR 98-04 was certified by the City 14 Council on July 9, 2002 in connection with the prior project or plan; and 15 d. the project has no new significant environmental effect not analyzed as significant in the prior EIR; and 16 ^ e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist; and l; f. The Planning Director finds that all feasible mitigation measures or project 19 altematives identified in the EIR 98-04, which are appropriate to this Subsequent Project, have been completed, incorporated into the project design or are required 2*^ as conditions of approval for this Subsequent Project. 21 6. The Plarming Commission has reviewed each of the exactions imposed on the Developer 22 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 23 degree of the exaction is in rough proportionality to the impact caused by the project. 24 Conditions: 25 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the exercise of 26 the use or issuance of a building permit, whichever occurs first. 27 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 2^ 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 PC RESO NO. 6841 -3- future building permits; deny, revoke, or further condition all certificates of occupancy 2 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 3 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 Conditional Use Permit. ^ 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 6 intemally consistent and in conformity with the final action on the project. Development shall occur substantially as shovm on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 7 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 9 regulations in effect at the time of building permit issuance. 10 4. If any condition for constmction 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 11 challenged, this approval shall be suspended as provided in Govemment Code Section j2 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 13 all requirements of law. 14 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 representatives, from and against any and all liabilities, losses, damages, demands, claims 15 and costs, including court costs and attomey's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, 17 (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (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 facility of electromagnetic fields or other energy waves or emissions. This obligation 20 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 15 18 21 22 6. Developer shall submit to the Planning Division a reproducible 24" x 36" mylar copy of the (Site Plan and Floor Plans) reflecting the conditions approved by the final decision- 23 making body. 24 7. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 25 26 This project shall comply with all conditions and mitigation measures which are required 27 as part of the Zone 17 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 28 PC RESO NO 6841 -4- 9. This approval is granted subject to the approval of Planned Industrial Permit (PIP 11- 2 01) and is subject to all conditions contained in the Planning Director's approval letter for this other approval incorporated herein by reference. 3 4 11. Building permits will not be issued for this project imless the local agency providing 6 water and sewer services to the project provides written certification to the City that 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 facilities will continue to be available imtil the time of occupancy. 7 11 15 18 25 10. 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. 9 12. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new constmction imposed by Carlsbad Municipal Code Section 10 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 17, pursuant to Chapter 21.90. All such j2 taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 13 13. Developer shall submit to the City a Notice of Restriction executed by the owner of the 14 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 parties and successors in interest that the City of Carlsbad has issued a Conditional Use 15 Permit by Resolution No. 6841 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all 17 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 ] 9 good cause by the Developer or successor in interest. 20 14. CUP 11-05 shall be reviewed by the Planning Director annually to determine if all conditions of this permit have been met and that the use does not have a substantial 21 negative effect on surrounding properties or the public health, safety and general welfare. 22 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 23 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 24 not been met; or 4) the use for which such approval was granted has ceased to exist or has 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 26 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 recommend that the Planning 27 Commission hold a public hearing and after providing the permittee the opportunity to be 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 new conditions. PC RESO NO. 6841 -5- 15. This Conditional Use Permit is granted for a period of ten (10) years from December 7, 2 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 3 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) 4 years upon written application of the permittee made no less than 90 days prior to the expirafion 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 6 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 conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the Planning Commission may grant. 5 7 9 Code Reminders: 10 16. 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 1 ^ permit issuance, except as otherwise specifically provided herein. 12 17. The project shall comply with the latest nonresidential disabled access requirements 13 pursuant to Title 24 of the Califomia Building Code. 14 18. 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 Director prior to installation of such signs. 15 16 17 18 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 19 "fees/exactions." 2*^ You have 90 days from date of final approval to protest imposition of these fees/exactions. If 2 J 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 22 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 23 annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 25 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 26 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 27 expired. PC RESO NO. 6841 -6- 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, Califomia, held on December 7, 2011 by the following vote, to wit: AYES: Vice Chairperson Schumacher, Commissioner Amold, Black, Nygaard, Scully and Siekmann NOES: ABSENT: Chairperson L'Heureux ABSTAIN: MICHAEL SCHUMACHER, Vice Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6841 -7-