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Home My WebLink AboutRP 2017-0008; HEY FLOWER MAN; Admin Decision Letter' . October 18, 2017 Kim Panacek 1838 Spyglass Circle Vista, CA 92081 FILE ('City of Carlsbad SUBJECT: RP 2017-0008 (DEV2017-0141) -HEY FLOWER MAN -Request for approval of an Administrative Review Permit (RP 2017-0008) to allow for a florist within an existing building located at 2729 Carlsbad Boulevard, in District 9 of the Village Review Zone and Local Facilities Management Zone 1. Dear Mr. Panacek, The City Planner has completed a review of your application for an Administrative Review Permit RP 2017- 0008 to allow a florist within an existing building located at 2729 Carlsbad Boulevard. 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 29, 2017). After careful consideration of the circumstances surrounding this request, the City Planner has determined that the five findings required for granting an Administrative Review Permit can be made and therefore, APPROVES this request based on the following findings and conditions. Findings: 1. 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 florist provides a resident and visitor serving use, and complements the; existing commercial and residential uses in the pedestrian-oriented downtown Village. 2. 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 a florist is a provisional use within Land Use District 9 of the Village Master Plan. The florist will operate within the existing building on site. The 486 net square foot business requires two parking spaces and parking for more than two cars is provided on-site. 3. The total cost of the proposed development is less than $60,000. 4. The. City Planner has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301-Existing Facilities, 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. Community & Economic Development Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov RP 2017-0008 (DEV2017-0141)-HEY FLOWER MAN October 18, 2017 Page 2 *'· . . ' ,: ... 5. The City Planner has reviewed ~ach of the exactions imposed on the Developer contained in this approval, and hereby finds, in tfi'is case: t,hat 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 specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of a building permit. 1. Approval is granted for RP 2017-0008 -HEY FLOWER MAN as shown on Exhibits "A" -"B" dated October 18, 2017, 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 Administrative Review Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the RP 2017-0008 documents, as necessary to make them internally consistent and in conformity with the final action on the project. Develqpment 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 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. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. RP 2017-0008 (DEV2017-0141)-HEY FLOWER MAN October 18, 2017 Page 3 Code Reminders: 6. 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. 7. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 8. 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. 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 the 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. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $850.00. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Chris Garcia at {760) 602-4622. Sincerely, TERI DELCAMP Principal Planner TD:CG:sc c: Doran Stambaugh, 2775 Carlsbad Boulevard, Carlsbad, CA 92008 Jeremy Riddle, Project Engineer HPRM/File Copy Data Entry