HomeMy WebLinkAbout2017-05-03; Planning Commission; Resolution 7238
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO
ALLOW A PORTION OF AN INDUSTRIAL OFFICE/WAREHOUSE BUILDING
TO BE CONVERTED INTO RETAIL SPACE THAT EXCEEDS THE AMOUNT
PERMITTED FOR ACCESSORY RETAIL FOR AN INVITATION-ONLY
EMPLOYEE STORE WITHIN THE PRANA CLOTHING COMPANY CORPORATE
HEADQUARTERS AND WAREHOUSE/DISTRIBUTION CENTER SITE
LOCATED WITHIN THE CARLSBAD RACEWAY BUSINESS PARK AT 3209
LIONSHEAD AVENUE, IN THE P-M ZONE AND IN LOCAL FACILITIES
MANAGEMENT ZONE 18. 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.
CASE NAME: PRANA EMPLOYEE STORE
CASE NO.: CUP 16-08 (DEV 16-057)
WHEREAS, prAna, “Developer,” has filed a verified application with the City of Carlsbad
regarding property owned by 3209 Lionshead, LLC, “Owner,” described as
PARCEL A:
PARCEL B, AS SHOWN ON THE EXHIBIT "A" OF THAT CERTIFICATE OF
COMPLIANCE RECORDED DECEMBER 7, 2007 AS INSTRUMENT NO.
2007-760450 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
LOT 11 AND A PORTION OF LOT 10 OF CARLSBAD TRACT NO. 98-10,
ACCORDING TO MAP THEREOF NO. 15013 IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 3,
2005 AS INSTRUMENT NO. 2005-0371022, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 9 OF SAID MAP NO.
15013; THENCE, ALONG THE NORTH LINE OF SAID LOT 9 AND THE
NORTH LINE OF LOT 10 OF SAID MAP NO. 15013, NORTH 81° 09' 39"
EAST 165.30 FEET TO THE BEGINNING OF A 634-FOOT RADIUS CURVE
CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 9° 16' 48" A DISTANCE OF
102.69 FEET; THENCE SOUTH 89° 33' 33" EAST 108.84 FEET TO THE TRUE
POINT OF BEGINNING; THENCE, ALONG THE NORTH LINE OF SAID LOTS
10 AND 11, SOUTH 89° 33' 33" EAST 396.27 FEET TO THE NORTHEAST
CORNER OF SAID LOT 11; THENCE, LEAVING SAID NORTH LINE ALONG
THE EAST LINE OF SAID LOT 11, SOUTH 28° 22' 10" EAST 504.50 FEET TO
THE SOUTHEAST CORNER OF SAID LOT 11; THENCE, LEAVING SAID EAST
LINE ALONG THE SOUTH LINE OF SAID LOTS 10 AND 11, SOUTH 89° 33'
45" WEST 631.47 FEET TO A POINT NORTH 89° 33' 45" EAST 374.92 FEET
FROM THE SOUTHWEST CORNER OF SAID LOT 9; THENCE, LEAVING SAID
SOUTH LINE, NORTH 00° 26' 27" EAST 111.23 FEET; THENCE NORTH 89°
33' 33" WEST 8.00 FEET; THENCE NORTH 00° 26' 27" EAST 340.50 FEET
TO THE TRUE POINT OF BEGINNING.
PLANNING COMMISSION RESOLUTION NO. 7238
PC RESO NO. 7238 -2-
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PARCEL B:
A NON-EXCLUSIVE EASEMENT IN, TO, OVER AND ACROSS THE "ACCESS
ROAD EASEMENT AREA" ON LOT 9 AND A PORTION OF LOT 10 OF
CARLSBAD TRACT NO. 98-10, ACCORDING TO MAP THEREOF NO. 15013
FOR THE PURPOSE OF VEHICULAR AND PEDESTRIAN INGRESS AND
EGRESS AND A NON-EXCLUSIVE EASEMENT IN, TO, OVER AND ACROSS
LOT 9 AND A PORTION OF LOT 10 OF CARLSBAD TRACT NO. 98-10,
ACCORDING TO MAP THEREOF NO. 15013 FOR SURFACE DRAINAGE AS
SET FORTH IN THAT CERTAIN "DECLARATION OF COVENANTS AND
GRANT OF EASEMENTS REGARDING ACCESS ROAD" RECORDED ON
MARCH 10, 2008 AS INSTRUMENT NO. 2008-0124408 OF OFFICIAL
RECORDS AS AMENDED BY THAT CERTAIN "AMENDED AND RESTATED
DECLARATION OF COVENANTS AND GRANT OF EASEMENTS
REGARDING ACCESS ROAD AND DRAINAGE" RECORDED ON MAY 8,
2008 AS INSTRUMENT NO. 2008-0248752 OF OFFICIAL RECORDS.
PARCEL C:
AN EASEMENT FOR COMMON AREA DESCRIBED IN THAT CERTAIN
DECLARATION ESTABLISHING COVENANTS, CONDITIONS AND
RESTRICTIONS AND GRANTS OF EASEMENTS FOR FENTON RACEWAY
BUSINESS PARK RECORDED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY ON OCTOBER 24, 2005 AS INSTRUMENT NO.
2005-0917104 AND AS AMENDED BY DOCUMENTS RECORDED
SEPTEMBER 12, 2006 AS INSTRUMENT NO. 2006-0647230, SEPTEMBER
10, 2007 AS INSTRUMENT NO. 2007-0594291 AND APRIL 2, 2009 AS
INSTRUMENT NO. 2009-0165748, ALL OF OFFICIAL RECORDS.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use Permit as
shown on Exhibit “A - B” dated May 3, 2017, on file in the Planning Division, CUP 16-08 – PRANA
EMPLOYEE STORE – as provided by Chapter 21.34 and 21.42 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on May 3, 2017, 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.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission APPROVES
CUP 16-08 – PRANA EMPLOYEE STORE, based on the following findings and subject to
the following conditions:
Findings:
NOTE: These findings are not applicable to 1st Amendment uses; see Section 21.42.030.B
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 proposed ancillary retail
Employee Store use will ensure the economic viability of the existing use and provide an
increase in sales tax revenue to the City while creating additional employment opportunities;
and will benefit other businesses within the industrial park as prAna/Columbia Sportswear
employees, employee family members, and select industry or community partners will have
access to the store and be able to purchase products at a greatly reduced cost. Furthermore,
the benefit of the Employee Store will help retain sports-related businesses within the city
which is a significant industry in Carlsbad. In addition, ancillary commercial (retail Employee
Store) is a compatible land use under the PI General Plan Land Use designation and is
conditionally permitted in the implementing P-M zone.
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 proposed retail Employee Store meets
or exceeds the zoning development regulations, is located within an existing office/warehouse
building architecturally compatible with the surrounding industrial buildings, and the site is
adequately designed to accommodate the Employee Store operations in that adequate parking
is available consistent with the city’s parking requirements.
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 proposed Employee Store use will occupy a total of 10,900 square feet (SF) of an
existing 74,187 SF building with existing onsite landscaping and parking and no site alterations
or additional amenities are required to accommodate the use except for interior improvements.
Furthermore, the project complies with all of the required development standards of the P-M
Zone, including the requirement that the retail use be accessory to the permitted use and
wholly contained within the building, that all products for retail sale shall be produced,
distributed, and/or warehoused on the premises, that no outdoor display of merchandise or
retail sales shall be permitted unless customarily conducted in the open and that the accessory
retail use be parked based on the requirements of the primary use (manufacturing). In this
case, the project is proposing a higher parking rate (individual retail) which provides an
additional 26 parking spaces. The office/manufacturing and retail uses require a total of 178
parking spaces where 220 parking spaces are available, creating an onsite surplus of 42 parking
spaces.
4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the project is provided direct access from Lionshead
Avenue into the site. Lionshead Avenue is a collector street and can easily accommodate the
382 average daily trips (ADT) increase associated with the use.
PC RESO NO. 7238 -4-
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Conditions:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to building permit
issuance.
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.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Conditional Use 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.
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, (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 San Marcos 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 18 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
8. 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.
PC RESO NO. 7238 -5-
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9. 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.
10. 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
18, 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.
11. 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 Conditional Use
Permit by Resolution(s) No. 7238 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.
12. The Employee Store hours shall be limited to the following: Monday through Friday; 10:00 a.m.
to 6:00 p.m., Weekends; 11:00 a.m. to 4:00 p.m. Any modifications to the hours of operation
shall require an amendment to CUP 16-08, as determined by the City Planner.
13. The Employee Store shall not be open to the general public. Admittance to the Employee Store
is managed through the Columbia Sportswear’s “Friends and Family Program” and is only open
to employees, employee families, and business/community associates for the prAna clothing
company.
14. All proposed signage for the Employee Store must be approved by the City Planner.
15. CUP 16-08 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 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.
PC RESO NO. 7238 -6-
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16. This Conditional Use Permit is granted for a period of five (5) years from May 3, 2017 through
May 2, 2022. 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.
Engineering Conditions
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of
this proposed development, must be met prior to approval of a building permit.
General
17. Prior to hauling dirt or construction materials to or from any proposed construction site within
this project, developer shall apply for and obtain approval from, the city engineer for the proposed
haul route.
18. This project is approved upon the express condition that building permits will not be issued for
the development of the subject property, unless the district engineer has determined that
adequate water and sewer facilities are available at the time of permit issuance and will continue
to be available until time of occupancy.
Storm Water Quality
19. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but are
not limited to pollution control practices or devices, erosion control to prevent silt runoff during
construction, general housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices or devices to prevent or reduce the
discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the
maximum extent practicable. Developer shall notify prospective owners and tenants of the above
requirements.
20. Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form.
Developer is responsible to ensure that all final design plans, grading plans, and building plans
incorporate applicable best management practices (BMPs). These BMPs include site design,
source control and Low Impact Design (LID) measures including, but not limited to, minimizing
the use of impervious area (paving), routing run-off from impervious area to pervious/landscape
areas, preventing illicit discharges into the storm drain and adding storm drain stenciling or
signage all to the satisfaction of the city engineer.
Utilities
21. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows,
fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if
proposed, shall be considered public improvements and shall be served by public water mains to
the satisfaction of the district engineer.
PC RESO NO. 7238 -7-
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Code Reminders:
22. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section
13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and
floor area contained in the staff report and shown on the site plan are for planning purposes only.
23. 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.
24. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
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.
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