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HomeMy WebLinkAbout2013-05-15; Planning Commission; Resolution 6973 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 CONDITIONAL USE PERMIT AMENDMENT CUP 94-09X2(A) TO ALLOW FOR A 400 SQUARE FOOT EXPANSION TO AN EXISTING 3,800 SQUARE FOOT COMMERCIAL RESTAURANT BUILDING ON A 0.75-ACRE PARCEL GENERALLY LOCATED ON THE NORTH SIDE OF PALOMAR AIRPORT ROAD, BETWEEN INTERSTATE 5 AND AVENIDA ENCINAS, WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 3. CASE NAME: MCDONALD’S RESTAURANT CASE NO.: CUP 94-09X2(A) WHEREAS, Bickel Underwood Architecture, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Vogel-Beljean Trust, “Owner,” described as Parcel 1 and 2 of Parcel Map 13937, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, September 3, 1985, as file no. 85-321661 (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit Amendment as shown on Exhibits “A” – “E” dated May 15, 2013, on file in the Planning Division, MCDONALD’S RESTAURANT CUP 94-09X2(A), as provided by Chapter 21.42 and 21.208 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on May 15, 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. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: PLANNING COMMISSION RESOLUTION NO. 6973 PC RESO NO. 6973 -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 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 MCDONALD’S RESTAURANT CUP 94-09X2(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 and the certified Local Coastal Program, in that the proposed 400 square foot restaurant expansion is consistent with the Travel Recreational Commercial General Plan Land Use designation and the Travel Service Commercial LCP Land Use designation and the Commercial/Visitor-Serving Overlay Zone, and will continue to provide 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 redesigned to accommodate the additional parking spaces required to allow for the 400 square foot restaurant addition. In addition, the project provides for adequate traffic circulation and is appropriately aligned with existing circulation patterns within the Palomar Place commercial center. Furthermore, to ensure continued compatibility of the project with the surrounding community, all of the required development standards of the C-T-Q and Commercial/Visitor-Serving Overlay zones applicable to the project 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 the project fits within the 0.75-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-T-Q Zone and the Commercial/Visitor-Serving Overlay Zone (CVSOZ) in that, adequate building and landscape setbacks currently exist; the existing trash enclosure is adequately screened with landscaping; no roof-mounted mechanical equipment is proposed with this addition; project access points for ingress and egress of the site are not being changed and will continue to be provided by one of three main driveways that tie in with the commercial center off Avenida Encinas; and no signage is being proposed as part of this addition. 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 400 square foot restaurant expansion would only generate 280 additional daily trips to the existing commercial center which can be accommodated by the existing street system. In addition, the drive-thru order areas were recently modified by CD 12-07 to help improve on-site circulation. PC RESO NO. 6973 -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 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 project site has been recently modified through CD 12-07 to provide the required number of parking spaces to accommodate the proposed expansion. In addition, the drive-thru order areas have been redesigned, new parking stalls and striping have been added, and ADA parking has been relocated and upgraded to better serve the restaurant’s customers. 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 400 square foot expansion area is consistent with CD 12-07 as discussed in the staff report and architecturally compatible with the recently approved contemporary southwestern architecture. 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(e) – “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 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 Amendment. PC RESO NO. 6973 -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 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. 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, CUP 94-09X2(A), (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 project shall comply with all conditions and mitigation measures which are required as part of the Zone 3 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 CDP 13-02 and is subject to all conditions contained in Planning Commission Resolution No. 6974 for this other approval 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 PC RESO NO. 6973 -5- 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 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 3, 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 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. 6973 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 94-09X2(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 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. 13. 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. Engineering: Note: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed project, must be met prior to issuance of a building permit. General 14. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. PC RESO NO. 6973 -6- 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 15. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, 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. 16. Developer shall complete and submit to the city engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city’s latest fee schedule. 17. Developer shall incorporate measures with this project to comply with Standard Stormwater Requirements per the city’s Standard Urban Stormwater Management Plan (SUSMP). These measures include, but are not limited to: 1) reducing the use of new impervious surfaces (e.g.: paving), 2) designing drainage from impervious surfaces to discharge over pervious areas (e.g.: turf, landscape areas), 3) and designing trash enclosures to avoid contact with storm runoff, all to the satisfaction of the city engineer. Code Reminders: The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 18. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the site plan are for planning purposes only. 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 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. . . . . . . . . . . . . . . . 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 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 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. PAS SED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on May 15, 2013, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Siekmann, Commissioners Black, L'Heureux, Schumacher, Scully and Segall Commissioner Anderson KERRY . SIEKMANN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: ~;vt DONNEU City Planner PC RESO NO. 6973 -7-