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HomeMy WebLinkAbout2017-05-03; Planning Commission; Resolution 7238 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 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- 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 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: PC RESO NO. 7238 -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 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- 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 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- 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 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- 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 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- 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 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. . . . . . . . . . . . . . . . . . .