HomeMy WebLinkAbout2012-11-07; Planning Commission; Resolution 6923
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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-
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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-
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-
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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-
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(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.
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