HomeMy WebLinkAbout2013-03-20; Planning Commission; Resolution 6947
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT 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: CDP 04-39(A) WHEREAS, Donahue Schriber Realty Group, LP, “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 Coastal
Development Permit Amendment as shown on Exhibits “A” – “D” dated March 20, 2013,
attached hereto and on file in the Carlsbad Planning Division, POINSETTIA VILLAGE PAD 4
– CDP 04-39(A), as provided in Chapter 21.81.040 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 Coastal Development Permit; and
WHEREAS, on June 1, 2005, the Planning Commission approved CUP 04-28,
as described and conditioned in Planning Commission Resolution No. 5907.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad, as follows:
PLANNING COMMISSION RESOLUTION NO. 6947
PC RESO NO. 6947 -2-
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A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission APPROVES POINSETTIA VILLAGE PAD 4 – CDP 04-39(A), based on the following findings and subject to the following conditions:
Findings:
1. That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that the commercial project is consistent with the Local Shopping Center designation of the Mello I Land Use Plan. The proposed change of use from retail to food service and the addition of an outdoor dining patio will not obstruct views of the coastline as seen from public lands or the public right-
of-way, nor otherwise damage the beauty of the coastal zone. No prime agricultural
lands exist on or near the site; no steep slopes or environmentally sensitive habitats exist on or near the developed site; no coastal access is or will be needed through or adjacent to the project site; the project site is not located in an area of known geologic instability or flood hazards; any erosion will be controlled by grading in
conformance with applicable City standards; and no significant visual panoramas
exist on the site.
2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the site is not located along the shoreline and thus cannot
provide any public access to the shoreline nor provide any coastal recreational
opportunities.
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. No steep slopes or native vegetation is located on the subject property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction.
4. The project site is not located in the Coastal Agricultural Overlay Zone, according to
Map X of the Land Use Plan certified September 1980, and therefore is not subject to the
provisions of the Coastal Agricultural Overlay Zone (Chapter 21.202 of the Zoning Ordinance).
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. 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.
PC RESO NO. 6947 -3-
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Conditions:
General
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to 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
Amendment.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit Amendment 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 Coastal Development 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.
PC RESO NO. 6947 -4-
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6. 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.
7. This approval is granted subject to the approval of CUP 04-28(A) and is subject to all conditions contained in Planning Commission Resolution No. 6946 for those other
approvals incorporated herein by reference.
8. This approval is subject to all conditions contained and referenced in Planning Commission Resolution No. 5907 dated June 1, 2005 for CDP 04-39, which are incorporated herein by reference and remain in effect.
9. 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. 10. 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 Coastal Development Permit Amendment by Resolution No. 6947 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.
11. 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.
Engineering: 12. Developer shall comply with the City’s Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices shall
include but are not limited to pollution treatment practices or devices, general
housekeeping practices, pollution prevention and educational practices, maintenance
procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the
maximum extent practicable. Developer shall notify prospective owners and tenants of
the above requirements.
NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad
Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the
Planning Commission’s decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section
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21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council
must make a determination on the appeal prior to any judicial review.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
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
KERRY K. SIEKMANN, Chairpe son
CARLSBAD PLANNING COMMISSION
ATTEST:
DONNED
City Planner
PC RESO NO. 6947 -5-