Loading...
HomeMy WebLinkAboutSP 187B; North County Plaza; Specific Plan (SP)<i^m> CITY OF V (CARLSBAD Planning Division www.carlsbadca.gov December 27, 2011 Jim Connelly 4445 Eastgate Mall Suite 407 San Diego, CA 92121 SUBJECT: SP 187(B) - NORTH COUNTY PLAZA - ARCHITECTURAL CHANGES Request for the approval of a Minor Specific Plan Amendment (SP) to allow the upgrade of existing exterior finishes, including new paint colors, to the group of commercial buildings located at 1810-1884 Marron Road, in the C-2-QZone and Local Facilities Management Zone 1. The City Planner has completed a review of your application for a Minor Specific Plan Amendment, SP 187(B) - North County Plaza, for the upgrade of existing exterior finishes, including new paint colors, to the group of commercial buildings located at 1810-1884 Marron Road. A notice was sent to property owners within 300' requesting comments regarding the above request. No comments were received within the ten day notice period (ending on December 23, 2011). After careful consideration of the circumstances surrounding this request, the City Planner has determined that findings for granting a Minor Specific Plan Amendment Permit can be made and therefore, APPROVES this request based on the following findings and conditions. Findings: 1. The proposed development as described by the Minor Specific Plan Amendment (SP 187(B)) is consistent with Land Use Element Commercial Policy C.6 of the General Pian which requires that commercial architecture emphasizes establishing community identity while presenting tasteful, dignified and visually appealing designs compatible with their surroundings. The project consists of the repainting of exterior buildings, light poles, signs, the removal and replacement of new tile and the replacement of canvas awnings to the existing commercial center. These improvements will result in a cleaner, updated look that is visually appealing while maintaining the Spanish architectural design theme. 2. The proposed Minor Specific Plan Amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the City in that the exterior improvements will not add any additional building square footage and will provide an updated look that is visually appealing. 3. The proposed project will be appropriate in area, location, and overall design to the purpose Intended. The design and development standards are such as to create an environment of sustained desirability and stability. Such development will meet performance standards established by this title in that the project complies with all applicable sections of the Zoning Ordinance (Carlsbad Municipal Code Title 21) and the requirements of the North County Plaza Specific Plan (SP 187) which was found to be consistent with the various elements and objectives of the General Plan. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® SP 187(B) - NORTH COUNTY PLAZA - ARCHITECTURAL CHANGES December 27, 2011 Page 2 4. 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. Conditions: 1. Approval is granted for SP 187(B) - North County Plaza as shown on Exhibits "A" - "K" dated December 27, 2011 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 Specific Plan Amendment. 3. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the SP 187(B) documents, as necessary to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 4. 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 Specific Plan Amendment (SP 187(B)), (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. 5. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations 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 Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 7. Prior to the issuance of a building permit, the Developer 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 Specific Plan Amendment 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 SP 187(B) - NORTH COUNTY PLAZA - ARCHITECTURAL CHANGES December 27, 2011 Page 3 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. Code Reminders: 8. 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. 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 $620.00 plus noticing fees. 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, DON NEU City Planner DN:CG:bd c: Don Neu, City Planner Chris DeCerbo, Principal Planner Van Lynch, Senior Planner Jeremy Riddle, Project Engineer File Copy Data Entry