HomeMy WebLinkAbout2012-11-07; Planning Commission; Resolution 6922
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF CONDITIONAL USE PERMIT CUP 12-08 TO ALLOW FOR A 2,816 SQUARE FOOT EXPANSION TO AN
EXISTING 5,263 SQUARE FOOT COMMERCIAL BUILDING
FORMERLY OCCUPIED BY PAT & OSCAR’S AND THE
CONSTRUCTION OF A 7,621 SQUARE FOOT FREESTANDING COMMERCIAL BUILDING ON A 1.75-ACRE PARCEL GENERALLY LOCATED ON THE
SOUTHWEST CORNER OF PALOMAR AIRPORT ROAD
AND ARMADA DRIVE WITHIN THE MELLO II SEGMENT
OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: PALOMAR PLACE RETAIL CENTER
CASE NO.: CUP 12-08
WHEREAS, MERI Palomar Place, LLC, “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by Oscar’s Carlsbad, LLC,
“Owner,” described as
Parcel 1 of Parcel Map 17542 in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, June 27, 1995
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits “A” – “I” (project plans) and Exhibit “AA” – “QQ” (amended
comprehensive sign program) dated November 7, 2012, on file in the Planning Division,
PALOMAR PLACE RETAIL CENTER- CUP 12-08, as provided by Chapter 21.42 and
21.208 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on November 7, 2012, hold a duly
noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the CUP.
PLANNING COMMISSION RESOLUTION NO. 6922
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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
RECOMMENDS APPROVAL of PALOMAR PLACE RETAIL CENTER – CUP 12-08, based on the following findings and subject to the following conditions:
Findings:
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 and the certified Local Coastal Program, in that the proposed commercial retail center with up
to two restaurants is a permitted use within the General Commercial- Qualified
Development Overlay (C-2-Q) and the Commercial/Visitor-Serving Overlay Zones
and will provide goods or services for tourists, residents, and employees of the surrounding businesses and industrial centers.
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 project site has been
designed to accommodate all parking, which includes the provision to use a total of 16 parking spaces within the adjacent Costco parking lot. In addition, no additional traffic is generated, and the project provides for adequate traffic circulation and is appropriately aligned with existing circulation patterns within the Costco parking
lot. Furthermore, to ensure compatibility of the project with the surrounding
community, all of the required development standards of the C-2-Q and Commercial/Visitor-Serving Overlay zones have been incorporated into the project design.
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 City Planner, planning commission or city council, in order to integrate the use with other
uses in the neighborhood, in that in that the project fits within the 1.75-acre parcel
without the need for any development standard modifications. Furthermore, the
project complies with all of the required development standards and parking
requirements of the C-2-Q Zone and the Commercial/Visitor-Serving Overlay Zone (CVSOZ) in that, adequate building and landscape setbacks have been provided; the trash enclosure is screened with landscaping and walls; the roof-mounted
mechanical equipment is screened from public view; project access points for
ingress and egress of the site are aligned with other surrounding driveways to
integrate the proposed uses with other uses in the adjacent Costco shopping center; and the proposed comprehensive sign program is consistent with the Zoning Ordinance, including the specific standards of the CVSOZ.
. . .
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4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the proposed project generates less traffic than
the previous restaurant use. Pursuant to the previous traffic study prepared for Pat
& Oscar’s, the project did not reduce the level of service of the surrounding roadways and key intersections to an unacceptable level. In addition, it was determined that the existing street system was adequate to handle the 1,128 ADTs generated by the Pat & Oscar’s restaurant. As the proposed retail center will
generate 1,056 ADTs, which is less than the prior restaurant use, the existing street
system is adequate to handle the traffic generated by the proposed use. Commercial/Visitor-Serving Overlay Zone Findings:
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 system has been adequately designed to accommodate the flow of traffic without creating conflicts between uses. The project, in conjunction with a recorded
agreement between the subject property and the Costco property, provides the
required number of parking spaces to accommodate the proposed uses. Pedestrian circulation will be provided between the existing vacant building (formerly Pat & Oscars) and the proposed retail commercial building within the project area and connects with an existing sidewalk which ties in with Palomar Airport Road and
Armada Drive to the north.
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 buildings have been
designed with an alternative contemporary architectural design. The proposed
buildings represent a high quality of architectural design through their use of varied building forms, high quality building materials, and decorative architectural elements. This combination of architectural elements creates a project that is complementary to the surrounding development, and adds to the objective of high
quality architecture and building design within the overlay zone.
7. That the project complies with all development and design criteria of the overlay zone, in 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.
8. That the amended comprehensive sign program is consistent with the overlay zone and CMC Chapter 21.41 in that the wall and monument signage does not exceed the area
allocations, maximum height and locational requirements.
9. That the project is consistent with the City’s Landscape Manual and Water Efficient
Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50).
10. 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
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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.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a building permit.
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
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 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 internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and 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
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 invalid unless the City Council determines that the project without the condition complies
with all requirements of law.
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
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, CUP 12-08, (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
survives until all legal proceedings have been concluded and continues even if the City’s
approval is not validated.
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6. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 5 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
7. This approval is granted subject to the approval of SDP 90-05 (G) and CDP 12-14 and is subject to all conditions contained in Planning Commission Resolutions No. 6921 and
6923 for those other approvals incorporated herein by reference.
8. 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. 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
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 until the time of occupancy.
10. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#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 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 5, 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
approval will not be consistent with the General Plan and shall become void. 11. Prior to the issuance of the CUP 12-08, 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 Recorder, subject to the satisfaction of the City
Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Conditional Use Permit by Resolution No. 6922 on the property. Said Notice of Restriction shall note the property 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 Restriction. The City Planner 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.
12. CUP 12-08 shall be reviewed by the City Planner annually 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. If the City
Planner 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
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
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
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 City Planner shall recommend that the Planning
Commission hold a public hearing and after providing the permittee the opportunity to be
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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.
13. This Conditional Use Permit is granted for a period of 10 years from November 7, 2012 through November 6, 2022. 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
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 10 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 conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the Planning Commission may grant.
14. The amendment to the comprehensive sign program, PS 99-46(A), is approved
pursuant to Exhibits “AA” – “QQ”.
15. The building architecture and the materials shall be revised to the satisfaction of the City Planner to incorporate the following prior to the issuance of a building permit:
a. Utilize a warmer tone for exterior wood surfaces similar to the Westfield UTC project “Newsstand” tenant space; b. The color of window mullions/storefront metal surfaces shall be revised to a lighter color; and
c. Travertine shall be utilized above storefront columns.
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.