HomeMy WebLinkAbout2013-07-17; Planning Commission; Resolution 7002
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A COASTAL DEVELOPMENT PERMIT CDP 12-28 TO ALLOW FOR THE DEMOLITION OF ALL
EXISTING STRUCTURES ON SITE AND THE
CONSTRUCTION OF A 6,637 GROSS SQUARE FOOT
RESTAURANT WITH A MICROBREWERY ON PROPERTY GENERALLY LOCATED AT 3056 CARLSBAD BOULEVARD IN THE VILLAGE SEGMENT OF THE LOCAL COASTAL
PROGRAM AND IN LOCAL FACILITIES MANAGEMENT
ZONE 1.
CASE NAME: BLUEWATER CASE NO: CDP 12-28
WHEREAS, Buck Thompson, “Developer,” has filed a verified application with
the City of Carlsbad regarding property owned by Blue Family Trust, “Owner,” described as
Those Portions of Tract 100 of Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according
to Map thereof No. 1661, filed in the Office of the County
Recorder of San Diego, March 1, 1915 (“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” – “N” dated July 17, 2013, attached hereto and
on file in the Carlsbad Planning Division, BLUEWATER – CDP 12-28, as provided in Chapter
21.81.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on July 17, 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:
A) That the above recitations are true and correct.
PLANNING COMMISSION RESOLUTION NO. 7002
PC RESO NO. 7002 -2-
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B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of BLUEWATER – CDP 12-28, 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 development consists of a new
restaurant and microbrewery, which, as discussed in the staff report, is consistent with the Carlsbad Village Master Plan, that serves as the Certified Local Coastal Program for the City of Carlsbad Village Segment of the California Coastal Zone. The proposed restaurant and microbrewery is consistent with the surrounding
development of motels, restaurants, and multi-family residential. The proposed
development will not obstruct views of the coastline as seen from public lands or the public right-of-way, nor otherwise damage the visual beauty of the coastal zone. No agricultural uses currently exist on the site, nor are there any sensitive resources located on the property. The project site is not located in an area of known geologic
instability or flood hazard. The site is located in close proximity to the coast, but no
public opportunities for coastal shoreline access are available from the subject site. The site is not suited for water-oriented recreation activities.
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 adjacent to the shore. Therefore, the
development will not interfere with the public’s right to physical access to the sea 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. 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 project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
PC RESO NO. 7002 -3-
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facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
Specifically,
a. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit.
b. All necessary public improvements have been provided or are required as
conditions of approval.
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: General
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a grading 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.
PC RESO NO. 7002 -4-
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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.
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. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 1 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
9. This approval is granted subject to the approval of RP 12-28, CUP 13-04, and CDP 12-28 (R-3) and is subject to all conditions contained in Planning Commission Resolutions
No. 7001, 7003, and 7004 for those other approvals incorporated herein by reference.
10. 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.
11. Prior to the issuance of building permits, the applicant shall apply for and obtain a
grading permit issued by the City Engineer.
12. 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 1, 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.
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