Loading...
HomeMy WebLinkAbout2001-12-05; Planning Commission; Resolution 50811 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 PLANNING COMMISSION RESOLUTION NO. 5081 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT CDP 00-37 FOR A NEW 265,000 SQUARE FEET RETAIL COMMERCIAL CENTER ON PROPERTY GENERALLY LOCATED SOUTH AND EAST OF CALLE BARCELONA AND WEST OF EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 23. CASE NAME: THE PAVILION CASE NO.: CDP 00-37 WHEREAS, Thomas Enterprises, Inc., “Developer and Owner,” has filed a verified application with the City of Carlsbad regarding property described as Lot 4 of City of Carlsbad Tract No. 92-08, Green Valley, in the City of Carlsbad, County of San Diego,. State of California, according to map thereof No. 13997, as filed in the office of the County Recorder of San Diego County, dated July lo,2000 as file No. 2000-362589. (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits “A” - “T” dated December 5, 2001, on file in the Planning Department, THE PAVILION - CDP 00-37 as provided by Chapter 2 1.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 5th day of December 2001, 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 CDP. 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. 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 B) That based on the evidence presented at the public hearing, the Commission APPROVES THE PAVILION - CDP 00-37 based on the following findings and subject to the following conditions: Findings: 1. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that Commercial Retail is stated to be an allowed use, the proposed development does not exceed 35 feet in height, the proposed development does not encroach into any sensitive resource and is contained fully within an existing graded lot, a public access trail exists offsite and is accessible from the proposed development, and the proposed development does not involve State Lands. 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that a public access trail exists offsite which ultimately provides access to the Batiquitos Lagoon and is accessible from the proposed development. 3. That grading design, consistent with City policies, includes comprehensive erosion control measures which will protect downstream from siltation. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit. 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; 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 Coastal Development Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the 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. 3. The 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. 5081 -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 5. 6. 7. 8. 9. The 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 Coastal Development Permit, (b) City’s approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, arlcl (4 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. The Developer shall submit to the Planning Director a reproducible 24” x 36”, mylar copy of the Site Plan reflecting the conditions approved by the final decision making body. This approval is granted subject to the approval of SDP 00-10. The applicant shall apply for and be issued building permits for this project within two (2) years of approval or this Coastal Development Permit will expire unless extended per Section 2 1.201.210 of the Zoning Ordinance. Prior to the issuance of building permits, the applicant shall apply for and obtain a grading permit issued by the City Engineer. 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. . . . PC RESO NO. 5081 -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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 5th day of December 2001, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Compas, Dominguez, Heineman, and Trigas NOES: ABSENT: Commissioner Nielsen ABSTAIN: i CARLSBAD PLANNING COMMISSION ATTEST: ~ MICHAEL J. HtiZMkLER Planning Director PC RESO NO. 5081 -4-