HomeMy WebLinkAboutCDP 15-12; Carlsbad Village Faire Parking; Coastal Development Permit (CDP) (2)July 2, 2015
Adam Geeb
{'city of
Carlsbad
SIMA Management Corporation
1231-B State Street
Santa Barbara, CA 93101
SUBJECT:
Dear Mr. Geeb,
COASTAL DEVELOPMENT PERMIT/ADMINISTRATIVE REVIEW PERMIT NOS. COP 15-
12/RP 15-05 -CARLSBAD VILLAGE FAIRE PARKING -Request for approval of a Coastal
Development Permit (CDP 15-05) and Administrative Review Permit (RP 15-12) to allow
for the change in use from a storage area (below Sun Diego) to a retail store at 300
Carlsbad Village Drive, in District 1 of the Village Review Zone and Local Facilities
Management Zone 1.
The City Planner has completed a review of your application for a Coastal Development Permit and
Administrative Review Permit CDP 15-05/RP 15-12 to allow for the change in use from a storage area to
·a retail store at 300 Carlsbad Village Drive. A notice was sent to property owners within a 300' radius of
the subject property requesting comments regarding the above request. No comments were received
within the ten day notice period (ending on June 25, 2015). After careful consideration of the
circumstances surrounding this request, the City Planner has determined that the findings required for
granting a Coastal Development Permit and Administrative Review Permit can be made and' therefore,
APPROVES this request based on the following findings and conditions.
Findings:
Coastal Development Permit
1. That the development is in conformity with the public access and public recreation policies of
Chapter 3 of the Coastal Act, in that no opportunities for coastal access are available from the
subject site, nor are public recreation areas required of the project.
2. The proposed development will have no adverse effect on coastal resources, in that the location of
the property is not immediately adjacent to any body of water and the lot is already disturbed and
developed with commercial buildings.
3. That the proposed development is in conformance with the Certified Local Coastal Program and all
applicable policies in that the site is designated for commercial uses and is already disturbed and
developed with commercial buildings. The project consists of the conversion of storage space to
retail space. The proposed retail space will not obstruct views of the coastline as seen from
public lands or the public right-of-way, nor otherwise damage the visual beauty of the coastal
zone. No agricultural uses currently exist on the site, nor are there any sensitive biological
resources located on the property. Furthermore, the proposed retail space is not in an area of
known geologic instability or flood hazards.
Community & Economic Development
Planning Division [1635 Faraday Avenue Carlsbad, CA 92008-7314[760-602-4660 [760·602-8560 f[ www.carlsbadca.gov
CDP 15-12/RP 15-05-CARLSBAD VILLAGE FAIRE PARKING
July 2, 2015
Pa e 2
Administrative Review Permit
4. The City Planner has determined that the project is consistent with the policies, goals and action
programs set forth within the Carlsbad General Plan in that the retail space provides a resident and
tourist serving use, employment opportunities and complements the existing commercial and
residential uses in the pedestrian-oriented downtown Village.
5. The City Planner has determined that the project is consistent with Chapter 21.35 {Village Review
Zone) of the Carlsbad Municipal Code and all applicable development standards and land use
policies set forth within the Village Master Plan and Design Manual in that there is a surplus of 17
parking spaces on-site.
6. That the total cost of the proposed development is less than $60,000.
7. That the City Planner has determined that the project is exempt from the requirements of the
California Environmental Quality Act {CEQA) per Section 15303, Class 3, of the State CEQA
Guidelines as the project involves the conversion of an. existing small structure from one use to
another where only minor modifications are made to the structure and will not have any adverse
significant impacts on the environment.
8. The City Planner 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:
1. Approval is granted for CDP 15-12/RP 15-05 as shown on Exhibits "A"-"B" dated June 30, 2015 on
file in the Planning Division and incorporated herein by reference. Development shall occur
substantially as shown unless otherwise noted in these conditions.
2. 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 Coastal Development Permit/Administrative
Review Permit.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the COP 15-12/RP 15-05 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.
4. 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
•
•'
•
CDP 15-12/RP 15-05-CARLSBAD VILLAGE FAIRE PARKING
July 2, 2015
Pa e 3
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/Administrative Review Permit,
(b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary,
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 .
5. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in
effect at the time of building permit issuance.
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.
7. This Administrative Review 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.
8. Prior to the issuance of a building permit, owner/applicant shall submit to the City a Notice of
Restriction 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 Coastal Development Permit/ Administrative Review Permit on the real property owned
by the owner/applicant. 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 owner/applicant or successor in interest.
9. 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.
10. Developer shall report, in writing, to the City Planner within 30 days, any address change from that
which is shown on the permit application.
Code Reminders:
11. 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.
15. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
16. 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.