HomeMy WebLinkAbout2013-03-20; Planning Commission; Resolution 6946
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A CONDITIONAL USE PERMIT
AMENDMENT TO ALLOW THE CONVERSION OF 1,000
SQUARE FEET OF RETAIL SPACE TO FOOD SERVICE IN AN
EXISTING 3,000 SQUARE FOOT BUILDING AND TO ALLOW
THE ADDITION OF A 700 SQUARE FOOT OUTDOOR DINING
PATIO ON PROPERTY GENERALLY LOCATED WITHIN THE
POINSETTIA VILLAGE SHOPPING CENTER IN LOCAL
FACILITIES MANAGEMENT ZONE 9.
CASE NAME: POINSETTIA VILLAGE PAD 4
CASE NO.: CUP 04-28(A)
WHEREAS, Donahue Schriber, “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
Parcel 12 of Parcel Map No. 15187 in the City of Carlsbad,
County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, March 28, 1988
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Amendment as shown on Exhibits “A” – “D” dated March 20, 2013, on file in the
Planning Division POINSETTIA VILLAGE PAD 4 – CUP 04-28(A), as provided by the
conditions of approval of CUP 04-28 and Chapter 21.42 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on March 20, 2013, 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 amendment; and
WHEREAS, on June 1, 2005, the Planning Commission recommended approval
of CUP 04-28 as described and conditioned in Planning Commission Resolution No. 5905; and
PLANNING COMMISSION RESOLUTION NO. 6946
PC RESO NO. 6946 -2-
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WHEREAS, on July 12, 2005, the City Council approved CUP 04-28, as
described and conditioned in City Council Resolution No. 2005-223.
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 POINSETTIA VILLAGE PAD 4 – CUP
04-28(A) 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, including,
if applicable, the certified local coastal program, specific plan or master plan, in that the
proposed use of food service provides a desirable commercial service and
convenience for customers; is consistent with the Local Shopping Center land use
designation, the Mello I Segment of the Local Coastal Program and the Local Shopping Center and Commercial/Visitor-Serving Overlay Zones; and the proposed
patio adds a desirable outdoor dining opportunity.
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 conversion of the
existing retail space to food service will be adjacent to an existing food service use
and there is adequate space to accommodate the proposed outdoor patio.
Furthermore, the site is located in a local shopping center that is developed with a
mix of retail, food service and other commercial uses and the proposed project has
been designed to accommodate all required parking on-site and provides adequate
traffic circulation.
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 the site is adequate to accommodate the change of
use from retail to food service and the proposed 700 square foot outdoor patio and
additional parking.
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 served by Avenida Encinas, a
four-lane, Secondary Arterial road operating at an acceptable level of service. The
conversion of the existing 1,000 square foot retail space to food service would only
generate a negligible amount of daily trips to the existing shopping center which can
be accommodated by the existing street system.
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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 existing shopping
center functions adequately and no interior square footage is being added.
Furthermore, all required parking for the proposed food service use is being
provided on-site.
6. That the building forms, 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 existing main
structure is not expanding and therefore maintains the existing design and
architecture. Furthermore, the proposed patio will add landscaping and a
decorative wrought iron fence around the outdoor patio area.
7. That the project complies with all development and design criteria of the overlay zone.
8. That the City Planner has determined that the project belongs to a class of projects 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
preparation of environmental documents pursuant to Section 15301 – “Existing
Facilities” of the state CEQA Guidelines. In making this determination, the City Planner
has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do
not apply to this project.
9. 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 building
permit issuance.
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
Amendment.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use Permit Amendment documents, as necessary
to make them internally consistent and in conformity with the final action on the project.
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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
Amendment, (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. Developer shall submit to the Planning Division a reproducible 24” x 36” mylar copy of
the Site Plan reflecting the conditions approved by the final decision-making body.
7. Developer shall include, as part of the plans submitted for any permit plancheck, a
reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing
format (including any applicable Coastal Commission approvals).
8. 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.
9. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 9 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
10. This approval shall become null and void if a building permit is not issued for this project
within 24 months from the date of project approval.
11. Developer shall submit and obtain City Planner approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City’s Landscape Manual. Developer shall construct and install all landscaping and
irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a
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healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems
shall be maintained to provide the optimum amount of water to the landscape for plant
growth without causing soil erosion and runoff.
12. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plancheck process on file in the Planning Division and accompanied by the
project’s building, improvement, and grading plans.
13. This approval is granted subject to the approval of CDP 04-39(A) and is subject to all
conditions contained in Planning Commission Resolutions No. 6947 for those other
approvals incorporated herein by reference.
14. This approval is subject to all conditions contained and referenced in Planning
Commission Resolution No. 5905 dated June 1, 2005 for CUP 04-28, and City Council Resolution No. 2005-223 dated July 12, 2005, are incorporated herein by
reference and remain in effect, except for Condition No. 11 of Planning Commission
Resolution No. 5905 which are superseded by Condition No. 17 listed below.
15. 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.
16. 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 9, 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.
17. Prior to the issuance of the building permit, 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 Amendment by Resolution No. 6946 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.
18. CUP 04-28(A) 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
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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
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.
19. This Conditional Use Permit Amendment is granted without an expiration date. 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.
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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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plarming
Commission of the City of Carlsbad, California, held on March 20, 2013 by the following vote,
to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Siekmann, Commissioners Black, L'Heureux,
Montgomery, Scully and Segall
Commissioner Schumacher
,~ K~s~I'A~ KERRYKIEKMANN:Chairpers~k~
CARLSBAD PLANNING COMMISSION
ATTEST:
DONNEU
City Plarmer
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