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HomeMy WebLinkAbout2020-12-02; Planning Commission; Resolution 7393PLANNING COMMISSION RESOLUTION NO. 7393 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF I CARLSBAD, CALIFORNIA, APPROVING A TEN (10)-YEAR EXTENSION RETROACTIVELY FOR A CONDITIONAL USE PERMIT FOR THE EXISTING FARMERS' MARKET LOCATED WITHIN THE 2900 BLOCK OF STATE STREET, BETWEEN GRAND AVENUE TO THE NORTH AND CARLSBAD VILLAGE DRIVE TO THE SOUTH, EVERY WEDNESDAY FROM 1:30 P.M. TO 8:00 P.M. IN THE SUMMER AND 1:30 P.M. TO 7:00 P.M. IN THE WINTER, IN THE VILLAGE CENTER DISTRICT OF THE VILLAGE AND BARRIO MASTER PLAN. CASE NAME: CASE NO.: CARLSBAD FARMERS' MARKET CUP 2020-0005 (DEV13005) WHEREAS, the Carlsbad Village Association, "Applicant," has filed a verified application with the City of Carlsbad regarding property owned by the City, "Owner," described as All that portion of State Street lying northwesterly of the prolongation of the northwesterly right of way line of Carlsbad Village Drive and lying southeasterly of the prolongation of the southeasterly right of way line of Grand Avenue, shown as First Street lying between Elm Avenue and Grand Avenue per the Amended Map of the Town of Carlsbad Map 775 recorded March 17, 1915 in the office of the Recorder of San Diego County, California. ("the Property"); and WHEREAS, pursuant to City Council Resolution No. 2013-156 and Planning Commission Resolution No. 6976, CARLSBAD FARMERS' MARKET RP 13-03 was originally approved by the City Council as a Major Review Permit on May 15, 2013 for an initial timeframe of two (2) years; and WHEREAS, pursuant to Planning Commission Resolution No. 7123, CARLSBAD FARMERS' MARKET RP 13-03Xl was extended retroactively for five (5) years by the Planning Commission on September 16, 2015; and WHEREAS, since the project received approval from the Planning Commission to extend the Major Review Permit for the Carlsbad Farmers' Market for five (5) years in 2015, the Village and Barrio Master Plan replaced the Village Master Plan and Design Manual; and ·. .. ... WHEREAS the permit type for a farmers' market changed from a Major Use Permit (RP) to a Conditional Use Permit (CUP); and WHEREAS said verified application was filed in a timely manner prior to the expiration date and constitutes a request for a Conditional Use Permit Extension to allow for a ten-year extension to the existing farmers' market as shown on Exhibit(s) "A" dated December 2, 2020, on file in the Planning Division CARLSBAD FARMERS' MARKET CUP 2020-0005, as provided by the conditions of approval of RP 13-03 and RP 13-03X1, Section 6.3.5 of the Village and Barrio Master Plan and Section of 21.58.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on December 2, 2020, 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 Conditional Use Permit Extension. 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. B) That based on the evidence presented at the public hearing, the Commission APPROVES Conditional Use Permit Extension CUP 2020-0005 for CARLSBAD FARMERS' MARKET, 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 the existing Carlsbad Farmers' Market continues to foster a sense of community, enhance walkability in the Village, provide a central gathering place, and attract visitors and residents from across the community by creating a lively, interesting social environment. In addition, the Carlsbad Farmers' Market continues to support sustainability by increasing access to locally grown fruits and vegetables, increasing community-wide knowledge of healthy food choices, and supporting local, small- scale urban farms. 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 existing Carlsbad Farmers' Market is located within the 2900 block of State Street and provides weekly visibility to the surrounding retail and restaurant tenants. The temporary loss of parking along the 2900 block of State Street PC RESO NO. 7393 -2- is offset by the exposure the Carlsbad Farmers' Market provides to the businesses. Further, adequate parking can be provided by the surrounding public parking lots. 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 Carlsbad Farmers' Market is located within the 2900 block of State Street, a public right- of-way and there are no standards for a farmers' market pursuant to the Village and Barrio Master Plan {VBMP). A 20-foot-wide fire access lane continues to be provided to the satisfaction of the Fire Department and temporary signs are posted alerting patrons about the times for the farmers' market. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the 2900 block of State Street is closed for the duration of the farmers' market on Wednesday afternoons and patrons and operators are required to park offsite in one of the city's public parking lots. A signage and traffic control plan has been approved by the Traffic Engineer and City Planner, pursuant to RP 13-03 {Planning Commission Resolution No. 6976). 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 Extension. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use Permit Extension 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. 7393 -3- 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 Extension, (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. This approval is granted subject to the approval of RP 13-03 and RP 13-03Xl and is subject to all conditions contained in Planning Commission Resolutions Nos. 6976 and 7123 for those other approvals incorporated herein by reference except for Condition No. 4 of Planning Commission Resolution No. 7123 which is replaced by Condition No. 7 below. 7. This Conditional Use Permit Extension is retroactively approved for a period of ten (10} years from June 18, 2020 through June 18, 2030. 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. Additional extensions for a reasonable period not to exceed ten (10} years may be granted by the City Planner pursuant to Section 6.3.5 of the Village and Barrio Master Plan and Section 21.58.040 of the Carlsbad Municipal Code. The written application for the extension shall be filed no less than 90 days prior to the expiration date. The City Planner 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 City Planner may grant. · NOTICE TO APPLICANT An appeal of this d.ecision 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 PC RESO NO. 7393 -4- 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 December 2, 2020 by the following vote, to wit: AYES: Chair Anderson, Commissioners Geidner, Lafferty, Luna, Meenes, Merz and Stine NOES: ABSENT: ABSTAIN: VELYN ANDERSON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7393 -5-