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HomeMy WebLinkAbout2012-11-07; Planning Commission; Resolution 6923 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 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF COASTAL DEVELOPMENT PERMIT CDP 12- 14 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.: CDP 12-14 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 Coastal Development Permit as shown on Exhibits “A” – “I” dated November 7, 2012, on file in the Planning Department, PALOMAR PLACE RETAIL CENTER – CDP 12-14 as provided by Chapter 21.201.040 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 CDP. PLANNING COMMISSION RESOLUTION NO. 6923 PC RESO NO. 6923 -2- 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 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- CDP 12-14, based on the following findings and subject to the following conditions: Findings: 1. That the proposed development is in conformance with the Mello II Segment of the Certified Local Coastal Program (LCP) and all applicable policies in that the proposed retail shopping center is consistent with the LCP Land Use Plan which designates the site Regional Commercial (R) and encourages convenient services that may be associated with a regional commercial center such as the existing Costco shopping center. The proposed project is compatible with the surrounding commercial and offices uses in the neighborhood. Furthermore, no agricultural activities, sensitive resources, geological instability, flood hazard, or coastal access opportunities exist onsite, and the retail center does not obstruct views of the coastline as seen from public lands or public right-of-way nor otherwise damage the visual beauty of the coastal zone as the project site is located at an elevation which is substantially lower than Palomar Airport Road (i.e. 12 feet); therefore, the coastline is not visible from the adjacent right-of-way. 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the property is not located adjacent to the shoreline. Therefore, the project will not interfere with the public’s right to physical access to the ocean and the site is not suited for water-oriented recreation activities. 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 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 erosion. Furthermore, no steep slopes will be affected by the project, and no native vegetation is located in the development envelope for the proposed retail center. In addition, the project site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction. 4. The project is not located in the Coastal Agriculture Overlay Zone, according to Map X of the Land Use Plan, certified September 1990 and Agricultural Mitigation Fees are not required in accordance with the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance). . . . PC RESO NO. 6923 -3- 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 5. The project is not located between the sea and the first public road parallel to the sea and therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance). 6. That the project is consistent with the City’s Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 7. 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 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 Coastal Development Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development 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 conditions 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 Coastal Development Permit, PC RESO NO. 6923 -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 (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. 6. This approval is granted subject to the approval of SDP 90-05(G) and CUP 12-08 and is subject to all conditions contained in Resolutions No. 6921 and 6922 for those other approvals incorporated herein by reference. 7. The applicant shall apply for and be issued building permits for the addition within 24 months of approval or this coastal development permit will expire unless extended pursuant to Section 21.201.210 of the Carlsbad Municipal Code. 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. . . . . . . . . . . . . . . . . . .