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HomeMy WebLinkAbout2013-05-15; Planning Commission; Resolution 6974 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 13-02 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.: CDP 13-02 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. 85-3216 (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits “A” – “E” dated May 15, 2013, attached hereto and on file in the Carlsbad Planning Division, MCDONALD’S RESTAURANT CDP 13-02, as provided in Chapter 21.81.040 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 Coastal Development Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: PLANNING COMMISSION RESOLUTION NO. 6974 PC RESO NO. 6974 -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 above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of MCDONALD’S RESTAURANT CDP 13-02, 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 Travel Service Commercial designation of the Mello II Land Use Plan. The proposed 400 square foot expansion of the existing McDonald’s restaurant 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. 6974 -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 Conditions: General 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 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, (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. 7. 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. PC RESO NO. 6974 -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 8. 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). 9. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 10. 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. 11. This approval is granted subject to the approval of CUP 94-09X2(A) and is subject to all conditions contained in Planning Commission Resolution No. 6973 for this other approval incorporated herein by reference. 12. 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. 13. 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 by Resolution No. 6974 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. 14. 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. 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. . . . . . . I 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 Govermnent 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. PASSED, 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 '~ K s,;u.m"""· G KEiRY:SIEKMANN, Chairp7rS\J~ w CARLSBAD PLANNING COMMISSION ATTEST: ~/t DONNED City Planner PC RESO NO. 6974 -5-