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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.