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HomeMy WebLinkAbout2021-09-15; Planning Commission; Resolution 7426PLANNING COMMISSION RESOLUTION NO. 7426 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW THE CONTINUED OPERATION OF A PERFORMANCE THEATER LOCATED AT 2787 STATE STREET IN THE VILLAGE CENTER DISTRICT OF THE VILLAGE AND BARRIO MASTER PLAN AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1 CASE NAME: NEW VILLAGE ARTS THEATRE CASE NO.: CUP 2021-0006 (DEV2021-0040) WHEREAS, New Village Arts, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by the City of Carlsbad, "Owner," described as LOTS 1-4 INCLUSIVE, IN BLOCK "K" OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 535, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MAY 2, 1888 ("the Property"); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit as shown on Exhibit(s) "A" -"E" dated September 15, 2021, on file in the Planning Division CUP 2021-0006 -NEW VILLAGE ARTS THEATRE, as provided by Chapters 21.35 and 21.42 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on September 15, 2021, 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 persons desiring to be heard, said Commission considered all factors relating to the Conditional Use Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) B) Findings: That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of CUP 2021-0006 -NEW VILLAGE ARTS THEATRE, based on the following findings and subject to the following conditions: l. 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 the Village and Barrio Master Plan, in that the proposal to continue operations of an existing performance theater and accessory uses contribute toward the goal of maintaining and enhancing the Village as a center for residents and visitors with commercial, cultural and entertainment activities. Furthermore, the theater is consistent with the goal of providing a variety of uses that attract visitors and residents from across the community by creating a lively, interesting social environment in the Village. The project supports walkability and mobility by locating near residential and commercial land uses. Additionally, the proposed project is located adjacent to the Carlsbad Village transit station, which provides rail and bus service throughout the day. 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 Village Center (VC) District of the Village and Barrio Master Plan (VBMP) allows for a variety of permitted and conditionally- permitted uses, including theaters. The surrounding properties are also located within the VC District of the VBMP and include uses such as restaurants, retail, a brewery tasting room and a bus and train transit center. In addition, several multi-family residential developments are located within a quarter-mile radius of the property. Given the variety of the surrounding land uses, the continued operation of a performance theater within the existing building will not be detrimental to existing uses or uses permitted in the VC District of the VBMP. 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 project proposes to continue the existing theater use within the existing building on the northwest corner of Christiansen Way and State Street in the Village Center (VC) District of the VBMP. Since the building takes up the entire lot, no on-site parking is feasible. Furthermore, in the Village and Barrio Master Plan area, non-residential building space may be converted from one use to another without additional parking, provided both uses have the same parking requirements set forth within Section 2.6.6.B. of the VBMP. If the new use has a higher parking requirement than the existing use, 50 percent of the additional parking based on the higher parking requirement shall be provided. Since historical land uses in this building (retail/museum) had the same or higher parking requirement as the theater, no additional parking is required as demonstrated in the project staff report. All interior and exterior improvements that are not part of this permit have been, or will be, evaluated for consistency with the VBMP during the building permit process. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the surrounding streets have adequate capacity to accommodate the 110 Average Daily Trips (ADT) generated by the project. In addition, State Street and Christiansen Way are fully improved with pavement, curb, gutter and sidewalks. 5. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 1. 6. That all necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted city standards. 7. 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 15301, Existing Facilities, of the State CEQA Guidelines. In making PC RESO NO. 7426 -2- 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. 8. 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: NOTE: Unless otherwise specified herein, all conditions shall be satisfied within 6 months of final project approval. 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. 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. PC RESO NO. 7426 -3- 7. This approval shall become null and void if the use does not commence within 24 months from the date of project approval. 8. 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. 9. CUP 2021-0006 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 S) 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. 10. This Conditional Use Permit is granted without an expiration date. 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. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. 12. Alcohol shall only be sold and/or served in conjunction with theater performances or special events related to the theater. No consumption of alcohol is permitted outside of the building. A valid license from the California Department of Alcoholic Beverage Control shall be obtained and kept valid to sell and/or serve alcohol on-site. Code Reminders 13. 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. 14. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. PC RESO NO. 7426 -4- 15. Any signs proposed for this development shall at a minimum be designed in conformance with the Village and Ba rrio Master Plan and/or the city's Sign Ordinance and shall require review and approval of the City Planner prior to installation of such signs . 16. Developer acknowledges that the project is required to comply with the city's greenhouse gas (GHG) reduction ordinances and requirements. GHG reduction requirements are in accordance with, but are not limited to, Carlsbad Municipal Code Chapters 18.21, 18.30, and 18.51 in addition to the California Green Building Standards Code (CCR, Title 24, Part 11-CALGreen), as amended from time to time. GHG reduction requirements may be different than what is proposed on the project plans or in the Climate Action Plan Checklist originally submitted with this project. Developer acknowledges that new GHG reduction requirements related to energy efficiency, photovoltaic, electric vehicle charging, water heating and traffic demand management requirements as set forth in the ordinances and codes may impact, but are not limited to, site design and local building code requirements. If incorporating GHG reduction requirements results in substantial modifications to the project, then prior to issuance of development (grading, building, etc.) permits, Developer may be required to submit and receive approval of a Consistency Determination or Amendment for this project through the Planning Division. Compliance with the applicable GHG reduction requirements must be demonstrated on or with the construction plans prior to issuance of the applicable development permits. 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 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. 7426 -5- PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on September 15, 2021, by the following vote, to wit: AYES: Commissioners Lafferty, Luna, Kamenjarin, Meenes, Merz, Sabellico, and Stine NOES: ABSENT: ABSTAIN: ROY MEENES, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7426 -6-