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HomeMy WebLinkAbout2013-10-02; Planning Commission; Resolution 7011 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, APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT EIGHT (CUP 8) FOR THE WOMAN’S CLUB OF CARLSBAD TO ESTABLISH ADDITIONAL RESTRICTIONS ON THE USE OF PROPERTY LOCATED AT 3320 MONROE STREET, BETWEEN BASSWOOD AVENUE AND LINDA LANE IN THE R-1 ZONE AND LOCATED IN LOCAL FACILITIES MANAGEMENT ZONE 1. THE CITY PLANNER HAS DETERMINED THAT THIS PROJECT IS EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PER SECTION 15301, “EXISTING FACILITIES” OF THE STATE CEQA GUIDELINES. CASE NAME: THE WOMAN’S CLUB OF CARLSBAD CASE NO.: CUP 8(A) WHEREAS, The City of Carlsbad, has filed a verified application regarding property owned by Woman’s Club of Carlsbad, “Owner,” described as That portion of Tracts 252 and 253 of Thum Lands, in the County of San Diego, State of California, according to map thereof, No. 1681, filed in the office of the County Recorder of San Diego County, December 9, 1951. APN 205-160-01-00 (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit Amendment, on file in the Planning Division, THE WOMAN’S CLUB OF CARLSBAD – CUP 8(A), as provided by Chapter 21.42 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on October 2, 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 6, 1961, the City Council approved a Special Use Permit, identified as CUP 8, as described and conditioned in City Council Ordinance No. 9117. 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. PLANNING COMMISSION RESOLUTION NO. 7011 PC RESO NO. 7011 -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 B) That based on the evidence presented at the public hearing, the Commission APPROVES THE WOMAN’S CLUB OF CARLSBAD – CUP 8(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 it provides for a location for women (both young and older) to meet and socialize. The Club also performs a social need for the community and provides support and funds for neighborhood projects and other groups needing assistance. 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 new proposed conditions of approval will reduce the impacts to the neighborhood and will establish operational criteria that will enable the city to enforce the restrictions to assure compatibility. 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 required building setbacks are provided, adequate parking is provided in the rear of the property, the site has adequate landscaping, and the site is fenced. Additional public parking is available on the street. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that Monroe Street is adequate in size and capacity to serve the Club. The site access is via two separate ingress and egress driveways that do not conflict with adjacent properties. 5. That the City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301 - Existing Facilities, of the State CEQA Guidelines and will not have any adverse significant impact on the environment. A Notice of Exemption will be filed with the County Clerk upon approval of this project. Conditions: 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. Development PC RESO NO. 7011 -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 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. 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. 7. 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. 8. 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. 9. 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. 10. Within six months of the project approval, 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. 7011 on the property. Said Notice of Restriction PC RESO NO. 7011 -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 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. CUP 8(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. A status report shall be prepared and presented to the Planning Commission at a public hearing one-year from project approval. The Planning Commission will consider at the public hearing when or if additional status reports shall occur. 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. 12. Uses permitted shall be limited to Woman’s Club activities and private functions by invitation or by the sale of tickets to limit the number of participants. No events or dances that are open to the general public shall be held, except for vehicle parking related to Carlsbad High School events and one annual rummage sale. 13. No smoking shall be permitted on the premises. 14. The Woman’s Club shall establish a common phone number by which residents can call to address issues or concerns regarding use or noise complaints of the facility. The number shall be posted on the building as well as on the club’s website. 15. Uses of the site shall be restricted as follows: A. Weekday events (Monday – Thursday) held for the Woman’s Club or by private renters shall comply with the following: 1. Hours of operation shall be limited to between the hours of 8:00 AM to 9:00 PM. 2. No person shall remain on the premises after 10:00 PM. 3. Maximum occupancy of the building shall not exceed 150 persons. 4. A Woman’s Club representative shall open and close the facility. PC RESO NO. 7011 -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 5. An event posting (8 ½” x 11”) shall be located at the front of the facility including the contact person/organization, the Woman’s Club representative, contact (phone) information, the number in attendance, and the hours reserved for the event. 6. A contact person responsible for the event shall be on the premises at all times during the event. 7. No activities, including music or alcohol consumption, shall be permitted outdoors. Only passive uses, including uses such as a rummage sale, outdoor dining, or silent auction, of the patio is permitted. 8. Live entertainment shall be limited to non-amplified music (piano and acoustic guitar only) and shall terminate by 8:30 PM. 9. Amplified music (karaoke and disc jockeys) may be permitted and shall terminate by 8:30 PM. 10. All exterior doors and windows shall remain closed during activities involving music or live entertainment as to contain the sound within the building. 11. Any time during live entertainment activities or alcohol service of non-Woman’s Club events, a minimum of one security guard shall monitor the perimeter of the facility to maintain order and prevent any activities which would impact the adjacent residential properties. 12. All security guards shall possess a California State Guard Card. 13. All security guards shall be required to wear a distinctive, identifiable uniform with “Security” printed or embroidered in contrasting colors on their shirts and/or jackets. 14. Alcohol use shall be limited to the following: a. Prior to serving alcohol and every 12 months thereafter, the Woman’s Club shall send all members involved in serving alcohol to members or guests to the Licensing Education on Alcohol and Drugs (LEADS) training presented by the California Department of Alcoholic Beverage Control (ABC), or other ABC approved course. b. No alcohol or alcoholic beverages shall be served after 8:30 PM. c. No more than one event (Woman’s Club or private rental) involving live entertainment or alcohol shall occur during the week (Monday – Thursday). d. Alcohol use shall be restricted to members/guests and to consumption onsite within the building. No general public sale of alcohol shall be permitted. All conditions set forth in the ABC license, if required, shall apply. e. A caterer’s permit for distributing alcohol or the appropriate one-day event license shall be obtained from the ABC Board, if required, for all sub-leased functions where alcohol will be served. PC RESO NO. 7011 -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 B. Weekend events (Friday-Sunday) held for the Woman’s Club or for private renters shall comply with the following: 1. Hours of operation shall be limited to between the hours of 9:00 AM and 9:00 PM except for one rummage sale beginning at 8:00 A.M. 2. No person shall remain on the premises after 10:00 PM. 3. Maximum occupancy of the building shall not exceed 150 persons. 4. A Woman’s Club representative shall open and close the facility. 5. An event posting (8½” x 11”) shall be located at the front of the facility including the contact person/organization, the Woman’s Club representative, contact (phone) information, the number in attendance, and the hours reserved for the event. 6. A Woman’s Club representative shall be on site for events involving alcohol or music and the contact person for the event shall be on the premises at all times during any events. 7. No activities involving music or alcohol consumption shall be permitted outdoors. Only passive uses, including uses such as a rummage sale, outdoor dining, or silent auction, of the patio is permitted. 8. Any time during live entertainment activities or alcohol service, a minimum of one security guard shall monitor the perimeter of the facility to maintain order and prevent any activities which would impact the adjacent residential properties. 9. All security guards shall possess a California State Guard Card. 10. All security guards shall be required to wear a distinctive, identifiable uniform with “Security” printed or embroidered in contrasting colors on their shirts and/or jackets. 11. Live entertainment or recorded music shall be limited to the following: a. Live entertainment shall terminate by 9:00 PM. Live entertainment shall be limited to non-amplified music (piano and acoustic guitar only), with a maximum of two performers. Recorded music (karaoke and/or disc jockeys) may be permitted and shall terminate by 9:00 PM. b. No more than one event (Woman’s Club or private rental) involving live entertainment or alcohol shall occur within the same weekend. c. All exterior doors and windows shall remain closed during activities involving music or live entertainment as to contain the sound within the building. 12. Alcohol use shall be limited to the following: a. Prior to serving alcohol and every 12 months thereafter, the Woman’s Club shall send all members involved in serving alcohol to members or guests to the PC RESO NO. 7011 -7- 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 Licensing Education on Alcohol and Drugs (LEADS) training presented by the California Department of Alcoholic Beverage Control (ABC), or other ABC approved course. b. No alcohol or alcoholic beverages shall be served after 8:30 PM. c. No more than one event (Woman’s Club or private rental) involving live entertainment or alcohol shall occur during the weekend (Friday-Sunday). d. Alcohol use shall be restricted to members/guests and to consumption onsite within the building. No general public sale of alcohol shall be permitted. All conditions set forth in the ABC license, if required, shall apply. e. A caterer’s permit for distributing alcohol or the appropriate one-day event license shall be obtained from the ABC Board, if required, for all sub-leased functions where alcohol will be served. 16. This Conditional Use Permit is granted for a period of five (5) years from October 2, 2013 through October 1, 2018. 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. This permit may be extended for a reasonable period of time not to exceed five (5) years upon written application of the permittee made no less than 90 days prior to the expiration date. The Planning Commission may not grant such extension, unless it finds that there are no substantial negative effects on surrounding land uses or the public’s health and welfare. If a substantial negative effect on surrounding land uses or the public’s health and welfare is found, the extension shall be denied or granted with conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the Planning Commission may grant. 17. Not less than 53 parking spaces shall be made available for vehicular parking. No other use of the parking lot other than vehicular parking shall be permitted. 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 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. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on October 2, 2013 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Siekmann, Commissioners Anderson, Schumacher, Scully and Segall Commissioner L'Heureux, Commissioner Black