HomeMy WebLinkAbout2013-10-02; Planning Commission; Resolution 7011
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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
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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
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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
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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.
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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.
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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
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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.
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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