HomeMy WebLinkAboutMCUP 15-16; Chuao Chocolatier; Conditional Use Permit (CUP)October 7, 2015
Michael Antonorsi
c/o Dulces Realty LLC
2345 Camino Vida Roble
Carlsbad, CA 92011
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{'city of
Carlsbad
SUBJECT: MCUP 15-16 -CHUAO CHOCOLATIER -Request for approval of a Minor Conditional
Use Permit (MCUP 15-16) to allow an 863 square foot accessory retail space located at 2350 Camino
Vida Roble, Suite 101, in the Planned Industrial (P-M) Zone and Local Facilities Management Zone 5.
Dear Mr. Antonorsi,
The City Planner has completed a review of your application for a Minor Conditional Use Permit MCUP
15-16 to allow an 863 square foot accessory retail space at 2350 Camino Vida Roble, Suite 101. 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
September 26, 2015). After careful consideration of the circumstances surrounding this request, the
City Planner has determined that the four findings required for granting a Minor Conditional Use Permit
can be made and therefore, APPROVES this request based on the following findings and conditions.
Findings:
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 accessory retail
space is desirable because it will allow users of the industrial park and the surrounding
community to purchase a locally produced product. Furthermore, per Industrial Implementing
Policy C.9 of the General Plan Land Use Element, ancillary commercial is a compatible land use in
the Piland 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 accessory retail sales of
products manufactured on-site is compatible with the surrounding office/industrial park uses and
the proposed use will provide adequate parking that is consistent with the city's parking
requirements. The existing site has been designed to accommodate all required parking on-site
and provides for adequate traffic circulation. Furthermore the accessory retail space is proposed
to be located within an existing building and only tenant improvements to the interior are
required for the use.
Community & Economic Development
Planning Division J1635 Faraday Avenue Carlsbad, CA 92008-7314J760-602-4600 J760-602-8560 f J www.carlsbadca.gov
MCUP 15-16-CHUAO CHOCOLATIER
October 7, 2015
Page 2
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 in order to integrate
the use with other uses in the neighborhood in that the accessory retail sales area will occupy 863
square feet of an existing building with existing onsite landscaping and parking and requires no
site alterations or additional amenities. Furthermore, the project complies with all of the
required development standards of the P-M Zone including that an accessory retail sales area is
limited to 20% of the gross floor area or 2,000 square feet, whichever is Jess. The proposed 863
square foot accessory retail sales area is 3.3% of the 25,787 square foot space, which is adequate
in size and shape to accommodate the use as shown on Exhibits "A-D." The accessory retail
sales area requires 2.16 parking spaces. Including the accessory retail sales area, the property
requires 91 parking spaces. There site has a total of 91 parking spaces and therefore meets all
parking requirements.
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 access from Camino Vida Roble, a secondary
arterial street which is currently operating at an acceptable level of service. The average daily
trips associated with this accessory retail sales area can be accommodated by the existing street
system.
5. 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
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.
6. 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 MCUP 15-16 as shown on Exhibits "A"-"D" dated October 7, 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 Minor Conditional Use Permit.
MCUP 15-16-CHUAO CHOCOLATIER
October 7, 2015
Page 3
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the MCUP 15-16 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
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 Minor Conditional Use 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 5 Local Facilities Management Plan and any amendments made to that Plan prior to the
issuance of building permits.
7. MCUP 15-16 shall be reviewed by the City Planner on a yearly basis 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 minor conditional use permit was obtained by fraud or misrepresentation;
or 2) the use for which such approval is granted is not being exercised; or 3) the conditions of
approval have not been met; or 4) the minor conditional use permit is being or recently has been
exercised contrary to any of the terms or conditions of approval; or 5) the use for which such
approval was granted has ceased to exist or has been suspended for one year or more; or 6) the use
is in violation of any statute, ordinance, law or regulation; or 7) the use permitted by the minor
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 hold an informal public
hearing and after providing the permittee the opportunity to be heard, the City Planner may revoke
and terminate the minor conditional use permit in whole or in part, reaffirm the minor conditional
use permit, modify the conditions or impose new conditions.
8. This Minor 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.
9. Prior to the operation of the accessory retail sales area, 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 Minor Conditional Use Permit on the real property owned by the owner/applicant.
Said Notice of Restriction shall note the property description, location of the file containing
MCUP 15-16-CHUAO CHOCOLATIER
October 7, 2015
Page 4
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.
10. 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. <
11. Developer shall report, in writing, to the City Planner within 30 days, any address change from that
which is shown on the permit application.
Engineering:
12. 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.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
13. 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.
14. 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 or
occupancy permit issuance, except as otherwise specifically provided herein.
15. The project shall comply with the latest nonresidential disabled access requirements pursuant to
Title 24 of the California Building Code.
16. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
17. Any signs proposed for this development shall at a minimum be designed in conformance with the
City's Sign Ordinance and shall require review and approval of the City Planner prior to installation
of such signs.