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HomeMy WebLinkAboutAMEND 2024-0006; KIDS AND COFFEE; Admin Decision Letter{city of Carlsbad January 13, 2025 Ken Li 2310 Camino Vida Roble, Suite 101 Carlsbad, CA 92011 SUBJECT: Dear Ken Li, AMEND 2024-0006 (DEVE2023-0088} -KIDS AND COFFEE -Request for approval an Amendment to a Minor Conditional Use Permit (CUP 2023-0010) to change the approved cafe (Delicatessen Use) to a Restaurant Use, consistent with the definition of bon fide public eating establishment that allows alcohol to be served on site. The resulting business is a Recreation Facility and Restaurant as co-primary uses of the 11,583 square- foot tenant space. The use will continue to be a reservation and membership-based business offering a kids play (recreation) facility, with party and event rooms, and with onsite food services (restaurant) located within an existing multi-tenant office building at 2310 Camino Vida Roble, in the Planned Industrial (P-M) Zone, Palomar Industrial Park Specific Plan (SP 145) and Local Facilities Management Zone 5. The city planner has completed a review of your application for an Amendment (AMEND 2024-0006) to Minor Conditional Use Permit, CUP 2023-0010, as described above. A notice was sent to property owners within a 300-foot radius of the subject property requesting comments regarding the above request. No comments were received within the ten-day notice period (ending on November 14, 2024). After careful consideration of the circumstances surrounding this request, the City Planner has determined, pursuant to CMC Section 21.54.125 and Chapter 21.42 that the findings required for granting an amendment to 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, consistent with Land Use and Community Design Element Goal 2-G.9, the proposed kids play area (recreation use) and restaurant add to the diversity of business establishments in appropriately-scaled settings within the city and will service the needs of residents. Additionally, the use is consistent with the standards of the Planned Industrial (P-M) Zone, which implements the Planned Industrial (Pl) General Plan Land Use designation. The P-M zone allows for recreational facilities and restaurants as conditionally permitted uses with the approval of a minor conditional use permit. Additionally, in accordance with Industrial Land Use Policy 2-P.29 of the General Plan Land Use Element, the proposed recreational use will provide support uses in an area designated Planned Industrial. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 AMEND 2024-0006 (DEVE2023-0088) -KIDS AND COFFEE January 13, 2025 Pa e 2 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 and that the proposed recreational facility and restaurant, are conditionally permitted uses within the Planned Industrial (P-M} zone. The proposed uses are compatible with the existing uses on site, a church facility (North Coast Church) and professional office (Cisco) and surrounding off-site uses. The use requires no changes to the existing site design, except for tenant improvements to an existing tenant space. The parking analysis provided by Art Pinon, Planning Consultant, for initial approval of CUP 2023-0010 demonstrates that: 1} the existing on-site uses have peak hours of operation that are off-set from each other, with the church facility utilizing the parking lot primarily on evenings and weekends when the professional office use has little-to-no employees on site; 2) the parking allocation for the proposed use, one space per 250 square feet of floor area and one space per employee, is adequate for the number of anticipated customers and employees; and 3) the parking allocation proposed for the use and those retained for the existing uses is consistent with the parking allocation approved by the Planning Commission for the church use (CUP 09-03A, PC Resolution No. 6799}. The parking analysis was further reviewed by Marc Mizuta, Mizuta Traffic Consulting, to verify the initial analysis remains accurate and acceptable with the proposed amended use. Additionally, the proposed use will be limited in its operation prior to 1:00 pm on Sundays, which will further reduce the likelihood of any overlap in peak demand of parking with the church use. 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 proposed recreational facility and restaurant will occupy an 11,583 square-foot suite in an existing light industrial building. The proposed project does not include an addition or exterior modifications to the existing building and therefore complies with the required development standards of the Planned Industrial (P-M} Zone. The project is adequate in size to accommodate the proposed uses in that the parking analysis provided by Art Pinon, Planning Consultant, demonstrates that: 1} the existing on-site uses have peak hours of operation that are off-set from each other, with the church facility utilizing the parking lot primarily on evenings and weekends when the professional office use has little-to-no employees on site; 2} the parking allocation for the proposed use, one space per 250 square feet of floor area and one space per employee, is adequate for the number of anticipated customers and employees; and 3} the parking allocation proposed for the use and those retained for the existing uses is consistent with the parking allocation approved by the Planning Commission for the church use (CUP 09-03A, PC Resolution No. 6799}. The parking analysis was further reviewed by Marc Mizuta, Mizuta Traffic Consulting, to verify the initial analysis remains accurate and acceptable with the proposed amended use. Additionally, the proposed use will be limited in its operation prior to 1:00 pm on Sundays, which will further reduce the likelihood of any overlap in peak demand of parking with the church use. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that access to the site is provided from Camino Vida Roble, a secondary arterial, which is currently operating at an acceptable level of service. This ensures the streets will be adequate to handle the traffic generated by the project. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 AMEND 2024-0006 (DEVE2023-0088) -KIDS AND COFFEE January 13, 2025 Pa e 3 5. The project is consistent with the adopted Airport Land Use Compatibility Plans for the McClellan- Palomar Airport (ALUCP), amended December 1, 2011, in that the project is compatible with the project noise levels of the ALUCP; and based on the noise/land use compatibility matrix ofthe ALUCP, the proposed land use is compatible with the airport in the that the project site is located outside of the 60 dB noise attenuation. The proposed recreational facility and restaurant are identified as compatible land uses within Safety Zone 6. 6. 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(a)-Existing Facilities ofthe 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. 7. That the request for a Minor Conditional Use Permit was adequately noticed at least ten (10) calendar days before the date of this decision pursuant to Section 21.54.060 of the Carlsbad Municipal Code. 8. The City Planner has reviewed each of the exactions imposed on the Developer contained in this approval letter, 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 AMEND 2024-0006 (Amendment to CUP 2023-0010) as shown on Exhibit "A -E" dated January 14, 2025, 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 Amended Minor Conditional Use Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the AMEND 2024-0006 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 Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 AMEND 2024-0006 (DEVE2023-0088) -KIDS AND COFFEE January 13, 2025 Pa e 4 attorney's fees incurred by the city arising, directly or indirectly, from (a) city's approval and issuance of this Amended 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. AMEND 2024-0006 (Amendment to CUP 2023-0010) 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. 7. This 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. 8. The service of alcoholic beverages in connection to the restaurant use shall be limited to beer, wine, and similar beverages. No distilled spirits shall be served on the premises. Alcoholic beverages shall only be sold at times when food is also available for purchase in the restaurant. 9. The restaurant use shall operate consistent with the definition of "Bona fide public eating establishment" (CMC Section 21.04.056). 10. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this residential housing project are challenged this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 11. No more than one of the three party rooms identified on the floor plan shall be utilized prior to 1:00 pm on Sundays, in order to reduce the likelihood of any overlap in peak parking demand with the existing church use on site. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 AMEND 2024-0006 {DEVE2023-0088) -KIDS AND COFFEE January 13, 2025 Pa e 5 12. Within 60 days of this approval letter, 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 an Amended 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 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. 13. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community and Economic Development Department and Planning. 14. 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: 15. 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. 16. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 17.04.060. 17. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 18. 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. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 AMEND 2024-0006 (DEVE2023-0088)-KIDS AND COFFEE January 13, 2025 Pa e 6 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 $930.00. 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 to contact Kyle Van Leeuwen at (442) 339-2611. Sincerely, k~ ERIC LARDY City Planner EL:KVL:CF c: Ken LI, 2310 Camino Vida Roble, Suite 101, Carlsbad, CA 92011 Jared Doumani, 1006 Tennessee St, San Francisco, CA 94107 Eric Lardy, City Planner Linda Ontiveros, Project Engineer Laserfiche/File Copy Data Entry Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600