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HomeMy WebLinkAbout2018-09-05; Planning Commission; Resolution 7309PLANNING COMMISSION RESOLUTION NO. 7309 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MINOR REVIEW PERMIT AND COASTAL DEVELOPMENT PERMIT TO ALLOW 2,323 SQUARE FEET OF NEW ADDITIONS TO AN EXISTING 573-SQUARE-FOOT COMMERCIAL BUILDING. THE EXISTING USE WOULD BE CONVERTED TO A HOT GLASS BLOWING OPERATION LOCATED AT 3060 ROOSEVELT STREET IN LAND USE DISTRICT 1 OF THE VILLAGE MASTER PLAN AND DESIGN MANUAL, THE VILLAGE SEGMENT OF THE LOCAL COSTAL PROGRAM, AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: BARRIO GLASSWORKS CASE NO: RP 2018-0004/CDP 2018-0014 (DEV2018-0023) ATTACHMENT 1 WHEREAS, Mary Devlin, "Applicant," has filed a verified application with the City of Carlsbad regarding property owned by Marguerite Montabano, "Owner," described as Parcel 1 of Parcel Map No. 2420, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, March 8, 1974 as file no. 74-058989 of official records. ("the Property"); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibit(s) "A" -"D" dated September 5, 2018, attached hereto and on file in the Carlsbad Planning Division, RP 2018-0004/CDP 2018-0014 -BARRIO GLASSWORKS, as provided in Chapter 21.201.030 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on September 5, 2018, hold a duly noticed public hearing as prescribed by law to consider said request; 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. B) That based on the evidence presented at the public hearing, the Commission APPROVES of RP 2018-0004/CDP 2018-0014-BARRIO GLASSWORKS, based on the following findings and subject to the following conditions: Findings: Minor Review Permit, RP 2018-0004 1. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the city's General Plan, and the development standards of the Village Review Zone and the Village Master Plan and Design Manual, based on the facts set forth in the staff report dated September 5, 2018, including, but not limited to the following: a. Land Use -The proposed project, which includes the addition of 2,323 square feet of commercial space to an existing 573-square-foot commercial building, will enhance the vitality of the Village, specifically Land Use District 1 (Carlsbad Village Center), by providing a service to local residents that draws customers from throughout the city, generating revenue and jobs, and providing an entertainment use that is characteristic to the downtown core area. The project's proximity to the Village's center will further the goal of providing new economic development near other retail stores. Further, the proposed project contributes toward the overall goal of creating quality development in commercial buildings by enhancing an older commercial building with an updated building. Overall, the commercial project will contribute towards the revitalization of the Village area. b. Mobility-Roosevelt Street can accommodate the estimated 50 ADTs. The proposed project has been designed to meet the circulation requirements, which includes vehicular access off Roosevelt Street. Traffic impact fees have been assessed onsite to compensate for the conversion of use. In addition, the project supports walkability and mobility by locating the project near residential areas and existing goods and services within the Village. c. Public Safety -The proposed building is required to be designed in conformance with all seismic design standards of the California Building Code (CBC) and State building requirements. Additionally, the proposed project design is consistent with the applicable fire safety requirements and the entire building will include fire sprinklers in accordance with National Fire Protection Agency Standard 13 and City of Carlsbad regulations. Furthermore, the project is conditioned to develop and implement a program of "best management practices" for the elimination and reduction of pollutants which enter into and/or are transported within storm drainage facilities. d. Land Use District 1 Standards -The project as designed is consistent with the development standards for Land Use District 1, the Village Design Guidelines and all other applicable regulations set forth in the Village Master Plan and Design Manual as discussed in the project staff report. The project is not requesting any deviations to the development standards and all required parking is located on-site. Coastal Development Permit CDP 2018-0014 2. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the site is designated for commercial-retail development, the project proposes additions to an existing commercial-retail use, and the development is consistent with the LCP Village land use designation. No agricultural activities, sensitive resources, geological instability, flood hazard or coastal access opportunities exist on-site. Given the project's distance from the coastline, the additions to the existing commercial-retail use will not obstruct views of the coastline as seen from public lands or public right-of-way, nor otherwise damage the visual beauty of the Coastal Zone. 3. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the property is not located adjacent to the coastal shore; therefore, it will not interfere with the public's right to physical access or water-oriented recreational activities. PC RESO NO. 7309 -2- 4. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 and all city public 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 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 project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. B. 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. 5. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the city's General Plan, in that the General Plan Land Use designation for the property is Village {V). The Village {V) designation allows for urban, walkable, transit-connected development for visitors and locals to enjoy a mix of uses within close proximity to each other. The project, a commercial-retail use, provides such development in that it will enhance and contribute to the overall goals of the Elements of the city's General Plan. 6. 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 15303 -new construction of a small structure 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. 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 building permit. 1. Approval is granted for RP 2018-0004/CDP 2018-0014 as shown on Exhibits "A" -"D", dated September 5, 2018, on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. 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 PC RESO NO. 7309 -3- 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 Minor Review Permit and Coastal Development Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Review Permit and 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. 4. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 5. 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. 6. 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 Minor Review Permit/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. 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. 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. 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 Minor Review Permit/Coastal Development Permit by Resolution No. 7309 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. PC RESO NO. 7309 -4- 10. This Minor Review Permit/Coastal Development Permit is granted without an expiration date, provided that a building permit is issued within 24 months of project approval. 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. 11. This approval shall become null and void if a building permit is not issued for this project within 24 months from the date of project approval. 12. Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy No. 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. 13. RP 2018-0004/CDP 2018-0014 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 provisional use 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 City Planner hold a public hearing and after providing the permittee the opportunity to be heard, the City Planner 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. 14. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the city's Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff. 15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Division and accompanied by the project's building improvement, and grading plans. 16. Prior to issuance of the building permit, the applicant shall demonstrate compliance with the open space requirement of the Village Master Plan, to the satisfaction of the City Planner. Engineering: 17. The developer shall remove the existing driveway approach fronting the building and obtain a right-of-way permit to remove the driveway and construct curb, gutter, sidewalk and parkway PC RESO NO. 7309 -5- to the city standards to the satisfaction of the city engineer. All work in the right-of-way shall be completed prior to the final building inspection. Developer shall pay right-of-way permit fees per the city's latest fee schedule. Code Reminders: The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 18. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable city ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 19. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.330. 20. Any signs proposed for this development shall at a minimum be designed in conformance with the city's Sign Ordinance and shall require review and approval of the City Planner prior to installation of such signs. PC RESO NO. 7309 -6- 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. 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 September 5, 2018, by the following vote, to wit: AYES: Commissioners Anderson, Geidner, Luna, Meenes and Segall NOES: None ABSENT: Chair Montgomery ~~r/4,uW VELYN ANDERSON, Vice Chair CARLSBAD PLANNING COMMISSION ATTEST: ~It DON NEU City Planner PC RESO NO. 7309 -7-