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HomeMy WebLinkAbout2009-04-15; Planning Commission; ; CUP 08-08|CDP 08-13 - GREEN DRAGON COLONIAL VILLAGEThe City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: April 15, 2009 Application complete date: February 3, 2009 Project Planner: Jason Goff Project Engineer: Tecla Levy SUBJECT: CUP 08-08/ CDP 08-13 - GREEN DRAGON COLONIAL VILLAGE - Request for a recommendation of adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and a recommendation of approval of a Conditional Use Permit and Coastal Development Permit to remodel the existing vacant Hadley's commercial building into a 21,281 square foot combination one-and-two story multi-use commercial building that will include a restaurant, museum and meeting rooms on property generally located on the west side of Paseo Del Norte and south of Palomar Airport Road, within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 3. I.RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6549 RECOMMENDING ADOPTION of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and ADOPT Planning Commission Resolutions No. 6550, and 6551 RECOMMENDING APPROVAL of a Conditional Use Permit (CUP 08-08) and a Coastal Development Permit (CDP 08-13), based on the findings and subject to the conditions contained therein. II.INTRODUCTION The applicant is proposing to remodel the existing vacant Hadley's commercial building into a combination one-and-two story multi-use commercial building, which will include a restaurant, museum, and meeting rooms. The 3.08-acre project site consists of three parcels, which are zoned Commercial-Tourist Qualified Development Overlay (C-T-Q). The proposed uses are permitted by the C-T-Q Zone, and are subject to the approval of a Site Development Plan (SDP). However, because the site is located within the Commercial/Visitor-Serving Overlay Zone, the Conditional Use Permit (CUP) replaces the SDP permit and the CUP must be approved by the City Council. The project's location within the Mello II Segment of the Local Coastal Program requires the processing and approval of a Coastal Development Permit (CDP), and in accordance with Carlsbad Municipal Code (C.M.C.) Section 21.201.120(B), the City Council shall be the final approval authority. As designed and conditioned, the project is consistent with all applicable standards and policies, and the necessary findings to approve the project can be made. III. PROJECT DESCRIPTION AND BACKGROUND The applicant is requesting that the Planning Commission recommend approval of a Conditional Use Permit and Coastal Development Permit for the development of the Green Dragon Colonial CUP 08-087 CDP 08-13 - GREEN DRAGON COLONIAL VILLAGE April 15,2009 Page 2 Village project. The project involves the partial demolition of the existing vacant one-story Hadley's commercial building located at 6115 Paseo Del Norte, and the reconstruction of the facility into a 21,281 square foot combination one-and-two story multi-use commercial building, which will include a restaurant, museum, and meeting rooms. The existing building is approximately 18,400 square feet in size. The applicant intends to utilize the existing foundation and main building structure as part of the remodel. The first floor will be expanded by 1,427 square feet for a total first floor area of 19,827 square feet, and a 1,454 square foot second floor will be added in the northeast corner of the building for a total building area of 21,281 square feet. The proposed building's architecture is characterized as early American Colonial, which is inspired after an historical tavern in Boston, Massachusetts known as the Green Dragon. A brief history of the Green Dragon is attached at the back of this report, which also includes the developer's vision and intent for the project. The primary exterior finish of the proposed building is composed of used red brick veneer and lap board siding. The roof structure includes a proportional mix of roof forms, from gable and hip to mansard and parapet, and will include dormer type windows and shake style concrete tiles. Doors and windows are accented with colonial trim and are appropriately styled to the architecture. The east elevation, which faces Paseo Del Norte, includes an outdoor courtyard with English garden landscape and a wrought iron gated entry. The west elevation, which faces Interstate 5, features a 45 foot tall cupola covered with a copper metal roof and topped with a decorative green dragon weathervane. Additional architectural features, such as fluted columns, decorative window shutters, period light fixtures, and Pratt & Lambert's brand Williamsburg Collection paint, help to accent the proposed building and enhance the early American Colonial architectural theme. The floor plan of the proposed building is divided into three general areas, museum, restaurant/bar, and meeting rooms. The museum, which encompasses the largest portion of the facility, is 9,970 square feet. The museum is accessed from the east elevation through the outdoor courtyard/garden area, with secondary access provided by way of the restaurant. The museum consists of a main observation area in the center of the building, two main display corridors running the length and width of the building, and a small display area on the second floor. The museum also includes a storage/receiving area, employee offices, and a small museum bookstore/gift shop. The restaurant, which encompasses the second largest portion of the facility (7,563 square feet), occupies the northern one-third of the building and includes a bar area of approximately 1,454 square feet (23.8% of the restaurant area). Restaurant access is located on the north side of the building, but can also be accessed through the museum. The restaurant/bar area includes access to a second floor mezzanine area, which includes a small private dining area. The meeting rooms are located on the south end of the building and encompass 3,748 square feet of the total building floor area. This area is designed to be utilized as either one large room, or can be partitioned into two or three separate meeting rooms. The existing parking lot is being removed as part of the project and redesigned to comply with current development standards and landscape requirements. The two existing points of vehicular access for ingress and egress of the site will remain in their present locations. A total of 192 CUP 08-08/ CDP 08-13 - GREEN DPvAGON COLONIAL VILLAGE April 15, 2009 Page 3 parking spaces (139 standard, 47 compact, and 6 accessible) plus two 15 foot by 45 foot bus parking spaces are being provided. The parcel is zoned Commercial Tourist, Qualified Development Overlay Zone (C-T-Q). The current General Plan Land Use designation is Travel/Recreation Commercial (T-R). No change is being proposed to either the General Plan or Zoning. The site is within Local Facilities Management Plan (LFMP) Zone 3 located within the southwest quadrant of the City of Carlsbad. Surrounding land uses include commercial uses to the north, a motel to the south, commercial/office uses to the east, and Interstate-5 to the west. The site location has an existing elevation of approximately 75 feet above mean sea level (AMSL). The elevation of the freeway adjacent to the project is approximately 50 ft. AMSL. Grading of the site will require approximately 1,700 cubic yards of cut, 850 cubic yards of fill, and 850 cubic yards of export. No Habitat Management Plan (HMP) listed sensitive habitat or plant species occur on the property; no species of animals listed as rare, threatened, endangered or otherwise sensitive by the U.S. Fish & Wildlife Service (USFWS) or the California Department of Fish & Game (CDFG) are present on or are adjacent to the site; and no jurisdictional wetlands as defined by the U.S. Army Corps of Engineers and the CDFG exist on or are adjacent to the site. IV. ANALYSIS The proposed project is subject to the following plans, ordinances, standards, and policies: A. General Plan: Travel/Recreation Commercial (T-R) Land Use designation; B. Commercial Tourist, Qualified Development Overlay (C-T-Q) Zone, and Commercial/Visitor-Serving Overlay Zone; C. Conditional Use Permit findings (C.M.C. 21.42.030), and findings pursuant to the Commercial/Visitor-Serving Overlay Zone (C.M.C. 21.208.110); D. Mello II Segment of the Local Coastal Program, and Coastal Resource Protection Overlay Zone (C.M.C. Chapter 21.203); E. Airport Land Use Compatibility Plan (ALUCP) for McClellan-Palomar Airport; and F. Growth Management (C.M.C. Chapter 21.90) and Zone 3 Local Facilities Management Plan. The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable regulations and policies. The project's compliance with each of the above regulations is discussed in the sections below. A. General Plan The General Plan Land Use designation for the project site is Travel/Recreation Commercial (T- R). The project complies with all elements of the General Plan as illustrated in Table 1 below: CUP 08-087 CDP 08-13 - GREEN DRAGON COLONIAL VILLAGE April 15,2009 Page 4 TABLE 1 - GENERAL PLAN COMPLIANCE ELEMENT Land Use Housing Circulation Noise USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM The site is designated for Travel/Recreation Commercial (T-R), which allows for visitor attractions and commercial uses that serve the travel and recreational needs of tourists, residents, and employees of business and industrial centers. N/A Good road design practice shall be utilized to minimize the number of intersections and other conflicting traffic movements. Control harmful or undesirable sound through the planning and regulatory process. Utilize noise standards contained in the Airport Land Use Compatibility Plan (ALUCP) for McClellan- Palomar Airport. PROPOSED USES & IMPROVEMENTS The proposed restaurant, meeting rooms, and museum are considered commercial uses, which will serve the travel and recreational needs of tourists, residents, and employees of the surrounding businesses and industrial centers. N/A The project utilizes existing driveways and is not adding additional driveway cuts, intersections, or conflicting traffic movements. A project specific acoustical analysis was prepared for the project to demonstrate compliance with the City of Carlsbad Noise Guidelines Manual. The analysis identified vehicles traveling on Interstate 5 as the primary noise source to the project and concluded that standard building construction for the proposed building would reduce interior noise levels below the required 55 dBA CNEL (interior) provided that the suggested recommendations outlined in the report are followed. A mitigation measure requiring compliance with the report has been included as part of the Mitigated Negative Declaration and Mitigation Monitoring & Reporting Program. The project is a compatible land use within the 60 CNEL noise contour with no mitigation required for indoor/outdoor uses. COMPLY Yes N/A Yes Yes Yes CUP 08-08/ CDP 08-13 - GREEN DRAGON COLONIAL VILLAGE April 15, 2009 Page 5 TABLE 1 - GENERAL PLAN COMPLIANCE CONTINUED ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY Open Space/ Conservation Utilize Best Management Practices for control of storm water and to protect water quality. The project will conform to all National Pollution Discharge Elimination Standards (NPDES) and has been designed to include Low Impact Design (LID) elements. Yes Public Safety Enforce the Uniform Building Code and Fire Codes adopted by the City to provide fire protection standards for all existing and proposed structures. The project requires the issuance of a building permit prior to any building construction activity, whereby the building is reviewed against the Uniform Building Code and Fire Codes to ensure that all applicable fire protection measures are appropriately incorporated into the final building design. Yes Review new development proposals to consider emergency access, fire hydrant locations, fire flow requirements, and wildland fire hazards. The project has been designed in consultation with the City's Fire Department and is consistent with all applicable regulations pertaining to emergency access, fire flow, fire hydrant locations, and wildland fire hazards. Yes B. Commercial Tourist, Qualified Development Overlay (C-T-Q) Zone, and Commercial/Visitor-Serving Overlay Zone The project site is zoned Commercial Tourist, with a Qualified Development Overlay (C-T-Q), and is also located within the Commercial/Visitor-Serving Overlay Zone. The Commercial/Visitor-Serving Overlay Zone contains development standards for projects located within the overlay, and with the exception of building height, supersedes the development standards of the underlying C-T zone. In addition, the C-T-Q Zone requirement to process a Site Development Plan is superseded by the requirement to process a Conditional Use Permit through the Commercial/Visitor-Serving Overlay Zone. The required findings for approval of a Conditional Use Permit within the Commercial/Visitor-Serving Overlay Zone are discussed below in Section C of this report. The project complies with all requirements of the C-T and Commercial/Visitor-Serving Overlay Zone as illustrated in Table 2 below: CUP 08-087 CDP 08-13 - GREEN DRAGON COLONIAL VILLAGE April 15,2009 Page 6 TABLE 2 - C-T ZONE / COMMERCIAL/VISITOR SERVING OVERLAY COMPLIANCE STANDARD REQUIRED PROPOSED Permitted Uses:With the exception of stand-alone liquor stores, outdoor storage, temporary display and sales, and incidental outdoor dining areas (as specifically detailed in C.M.C. Section 21.208.060), all Commercial/Visitor-Serving Uses, as well as those uses allowed in the underlying zone are allowed in the Overlay Zone. Commercial/Visitor-Serving Use means uses involving the provisions of goods or services designed primarily for tourists or visitors to the city, such as: commercial development with retail sales; sales of souvenirs, gifts or toys; activities including food and/or beverage serving uses. Commercial/Visitor-Serving uses include, but are not limited to: restaurants, retail stores, gift shops, museums, and others not listed. A Restaurant, Museum, and Meeting Rooms are allowed in the underlying C-T Zone, and are considered commercial visitor serving uses. CUP 08-087 CDP 08-13 - GREEN DRAGON COLONIAL VILLAGE April 15,2009 Page? TABLE 2 - C-T ZONE / COMMERCIAL/VISITOR SERVING OVERLAY COMPLIANCE CONTINUED STANDARD REQUIRED PROPOSED Parking; Restaurant > 2,000 SF: 20 spaces plus 1 space per 50 SF of gross floor area in excess of 2,000 SF. Museums: One space per five hundred square feet of gross floor area, plus a minimum of two additional employee parking spaces. Meeting Rooms: One space per one hundred square feet of gross floor area. Restaurant/Tavern = 7,563 SF 2,000 SF = 20 spaces 5,563 SF-50 =111.26 spaces Parking Required: 20+ 111.26 =131.26 spaces Museum = 9,970 SF 9,970 SF -s- 500 = 19.94 spaces Parking Required: 19.94+ 2 = 21.94 spaces Meeting Rooms = 3,748 SF 3,748-100 = 37.48 spaces Parking Required: 37.48 spaces 131.26 + 21.94 + 37.48 = 190.68 Total Parking Required: 191 spaces Recommended design features should include adequate shuttle bus circulation, and passenger drop- off/pick-up facilities in addition to tour bus/passenger bus parking provisions. 192 spaces The project has been adequately designed to accommodate bus circulation throughout the project site. Two bus parking spaces (15 ft. x 45 ft. in size) are provided. One of the bus parking spaces can serve as a passenger drop off/pick-up area when not in use by a bus. CUP 08-087 CDP 08-13 - GREEN DRAGON COLONIAL VILLAGE April 15,2009 Page 8 TABLE 2 - C-T ZONE / COMMERCIAL/VISITOR SERVING OVERLAY COMPLIANCE CONTINUED STANDARD REQUIRED PROPOSED Building Height:35 feet / 45 feet for allowed protrusions Building = 33 feet Tower w/ Green Dragon Weathervane = 45 feet Flag Pole = 45 feet Setbacks:Minimum building setback from any public street shall be 30 feet. For parcels eight acres or less in size, the back 10 feet of the required setback may be used as circulation aisles or parking spaces provided there is adequate use of landscaping and screen walls. The project proposes building setbacks in excess of 30 feet. The back 10 feet of the required 30 foot setback is being utilized for parking. Adequate landscaping, which also includes a decorative 42- inch tall screen wall, is provided within the first 20 feet of the 30 foot setback area closest to Paseo Del Norte. Minimum building setback from any freeway right-of-way shall be 30 feet, of which the back 20 feet may accommodate circulation aisles, trash and/or recycling enclosures, and/or parking spaces. The project proposes a building setback of 30 feet from the 1-5 freeway right-of- way. The back 20 feet of the required 30 foot setback is being utilized for vehicular circulation. The remaining 10 feet is landscaped. Decorative Paving:Decorative paving of at least 900 SF covering, at a minimum, the width of the driveway, shall be provided in the primary approach. Decorative cobblestone paving is proposed at the approaches of both project driveways. Building Materials/Colors: High quality simulated building materials such as imitation brick, stone, marble, or wood may be approved. The primary colors of blue, red, yellow, and green shall not be dominant building colors. The building utilizes a combination of non-primary colored high quality building materials, such as used red brick veneer, lap board siding; period light fixtures, doors, and paint; mullion windows, wrought iron, copper and shake style roofing, fluted columns, shutters, and colonial style trim. CUP 08-087 CDP 08-13 - GREEN DRAGON COLONIAL VILLAGE April 15,2009 Page 9 TABLE 2 - C-T ZONE / COMMERCIAL/VISITOR SERVING OVERLAY COMPLIANCE CONTINUED STANDARD REQUIRED PROPOSED Monument Sign Landscaping: Six (6) Birds of Paradise (Strelitzia reginae) plants with a minimum container size of 5-gallons shall be located in clusters around the proposed sign locations. Six (6) 5 gallon container size Birds of Paradise, planted in a clustered configuration, are proposed around the base of the monument sign. One (1) Phoenix roebelenii palm tree with a minimum container size of 15-gallons shall be located to one side of the freestanding sign amidst the birds of paradise plant clusters. One (1)15 gallon container size Phoenix roebelenii palm tree is proposed adjacent to the monument sign and amidst the Birds of Paradise cluster. Required Parking Lot Trees: 1 tree per 6 parking spaces. 192 total parking spaces -^ 6 = 32 trees required. 15 gallon min. container size. 50% of parking lot trees shall be 24 inch box container size 83 trees are provided, which equates to approximately one (1) tree per 2 parking spaces. 24 and 36-inch box provided. Screening of Parking Areas: All surface parking areas shall be screened by the use of forty-two inch high screen walls within setback areas. The screening wall height may be reduced to thirty inches to comply with engineering sight distance requirements as necessary. A 42-inch high screen wall with pilasters set on 35-foot centers is proposed along the Paseo Del Norte frontage extending between the two project driveways. Screen walls shall be architecturally finished to complement the project's architecture and shall provide an architectural cap on top of the wall. Vines and attaching plant forms shall be used to further obscure the screening walls. The wall and pilasters are constructed of CMU block covered with a used red thin- brick veneer and pre-cast chiseled stone cap. A combination of 5-gallon sized shrubs, consisting of French Lavender, Southern Heath, Texas Privet, and Escallonia will be planted in a hedge row pattern and set in front of the proposed wall to add additional screening and accent. CUP 08-08/ CDP 08-13 - GREEN DRAGON COLONIAL VILLAGE April 15, 2009 Page 10 TABLE 2 - C-T ZONE / COMMERCIAL/VISITOR SERVING OVERLAY COMPLIANCE CONTINUED STANDARD REQUIRED PROPOSED Screening of Loading/Delivery/Trash Enclosure Areas: All areas used for loading activities, receiving deliveries and trash enclosure locations shall be located onsite so as to be screened from public points of view. Landscaping may assist this objective but is secondary to locating these areas onsite and/or using solid masonry walls, to minimize visibility. A covered trash enclosure facility is proposed along the southwest corner of the building. The trash enclosure is constructed of CMU block, which will be covered by used red thin-brick veneer and a chiseled stone cap to match the architecture of the building and the proposed 42-inch high screen wall proposed along Paseo Del Norte. A combination of shrubs and climbing vines are being used to further screen the facility. The back of the proposed building (west elevation) will be used for receiving deliveries. A combination of shrubs, consisting of Escallonia, Southern Heath, Texas Privet, and Myoporum, planted together with Shoestring Acacia and Chinese Flame trees will be used to provide adequate screening and visual relief of this area from traffic travelling on Interstate-5. Furthermore, given the significant drop in grade (approximately 25 feet) between the project site and the Intestate, the proposed landscaping will achieve the same level of screening as a masonry wall and will also provide a more natural appearance when looking up at the site from Interstate-5. Screening of Rooftop Equipment: Rooftop equipment and/or other structural features shall be screened from public view. Rooftop mechanical equipment is screened from public view behind the building parapets and roof structures. CUP 08-08/ CDP 08-13 - GREEN DRAGON COLONIAL VILLAGE April 15,2009 Page 11 C. Conditional Use Permit findings (C.M.C. 21.42.030), and findings pursuant to the Commercial/Visitor Serving Overlay Zone (C.M.C. 21.208.110) Commercial projects located within the Commercial/Visitor-Serving Overlay Zone require the approval of a Conditional Use Permit by the City Council. The four findings for a Conditional Use Permit, along with the required findings for the Commercial/Visitor-Serving Overlay Zone are summarized below. The four findings for approving a Conditional Use Permit are as follows: 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. The proposed uses (i.e. restaurant, museum, and meeting rooms) are allowed within the C-T and Commercial/Visitor-Serving Overlay Zones, which implement the Travel/Recreation Commercial (T-R) General Plan Land Use designation, and furthermore are necessary and desirable to the community in that they are visitor attractions that serve the travel and recreational needs of tourists, residents, and employees of the surrounding businesses and industrial centers. 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. The proposed uses (i.e. restaurant, museum, and meeting rooms) are not detrimental to the existing surrounding uses or to uses specifically permitted in the zone in that the project site has been designed to accommodate all parking on site, and provides for adequate traffic circulation. Furthermore, to ensure compatibility of the project with the surrounding community, all of the required development standards of the Commercial/Visitor-Serving Overlay Zone and C-T Zone, including screening of parking, loading, and trash facilities, have been incorporated into the project design. 3. That the site is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed by code and required by the planning director, planning commission or city council, in order to integrate the use with other uses in the neighborhood. The 3.08-acre project site is adequate in size and shape to accommodate the proposed uses in that the project can be fit within the proposed development area without the need for any variances. Furthermore, the project complies with all of the required development standards and parking requirements of the C-T Zone and the Commercial/Visitor-Serving Overlay Zone in that, adequate building and landscape setbacks have been provided; the proposed building is designed with enclosed service areas to conceal trash receptacles and storage of supplies; and all roof-mounted mechanical equipment is appropriately screened from public view. CUP 08-08/ CDP 08-13 - GREEN DRAGON COLONIAL VILLAGE April 15,2009 Page 12 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. A traffic study was submitted for the development proposal, which indicates that the proposed project will generate a total of approximately 1,305 Average Daily Trips (ADT), with 95 AM peak hour trips and 172 PM peak hour trips. A majority of this traffic will utilize Palomar Airport Road (PAR) and Paseo Del Norte (PDN) to access the proposed project. At the build-out Year 2030 volumes, the project's peak hour traffic will contribute to a Level of Service (LOS) E at the intersection of PAR and PDN, which is higher than the City's requirement of LOS D or better. To mitigate this potential impact, a future dedicated right-turn lane needs to be constructed from eastbound PAR to southbound PDN. The project, in the form of a mitigation measure, will pay a proportional fair share contribution towards the construction of this right-turn lane to reduce impacts to a less than significant level. Through project design and mitigation, the street system serving the proposed use is adequate to properly handle all traffic that is expected to be generated by the project and all intersections and roadway segments serving the project will operate at acceptable levels of service. The Commercial/Visitor-Serving Overlay Zone requires three additional findings as follows: 5. That the proposed project is adequately designed to accommodate the high percentage of visitor, tourist, and shuttle/bus alternative transportation users anticipated given the proposed use and site location within the overlay zone. The project site provides the required number of parking spaces that are necessary to accommodate the proposed uses (including bus parking and a drop off/loading area), and the onsite circulation system is adequately designed to accommodate traffic flow throughout the parking lot and around the proposed building. 6. That the building form, building colors, and building materials combine to provide an architectural style of development that will add to the objective of high quality architecture and building design within the overlay zone. The proposed building has been designed in an alternative architectural style (American Colonial), as allowed per subsection 21.208.100(F)(3) of the Carlsbad Municipal Code. This is compatible with the other commercial buildings within the vicinity, which also include a variety of architectural styles. The proposed building represents a high quality form of architectural design through its use of varied building forms and articulation, high quality building materials, and decorative architectural elements. The combinations of architectural elements create a project that is complementary to the surrounding development, and adds to the objective of high quality architecture and building design within the overlay zone. 7. That the project complies with all development and design criteria of the overlay zone As discussed above in Section B, the project meets or exceeds all of the development and design criteria of the overlay zone including, but not limited to parking, screening, building height, building setbacks, building design, and landscaping. CUP 08-087 CDP 08-13 - GREEN DRAGON COLONIAL VILLAGE April 15,2009 Page 13 D. Mello II Segment of the Local Coastal Program, and Coastal Resources Protection Overlay Zone (C.M.C. Chapter 21.203) The project site is located within the Mello II Segment of the LCP. The site is also located within and subject to the Coastal Resource Protection Overlay Zone (C.M.C. Chapter 21.203). The project's compliance with these programs and ordinances is discussed below: 1. Mello II Segment of the Local Coastal Program The subject site has an LCP Land Use designation of Travel Service (T-S). The proposed uses (i.e., restaurant, museum, and meeting'rooms) are appropriate land uses consistent with the T-S Local Coastal Program Land Use designation. The policies of the Mello II Segment also emphasize topics such as preservation of agriculture and scenic resources, protection of environmentally sensitive resources, provision of shoreline access and prevention of geologic instability and erosion. The project is consistent with the LCP Land Use policies as follows: a) there is no historic evidence of agricultural use of the property; b) the development does not obstruct views of the coastline as seen from any public lands or public rights-of-way; c) the project is consistent with the City of Carlsbad's HMP, which has been developed so as to implement and be consistent with all provisions of the LCP; d) the project has been designed to reduce the amount of runoff to the maximum extent practicable, utilizes Low Impact Design (LID), and has been conditioned to implement the National Pollution Discharge Elimination System (NPDES) standards; and e) the site is geologically stable. 2. Coastal Resource Protection Overlay Zone The development is subject to the Coastal Resource Protection Overlay Zone (C.M.C. Chapter 21.203). The Coastal Resource Protection Overlay Zone identifies five areas of protection: a) preservation of steep slopes and vegetation; b) drainage, erosion, sedimentation, habitat; c) landslides and slope instability; d) seismic hazards, and e) floodplain development. The project's compliance with each of these areas of concern is discussed below: a. Preservation of Steep Slopes and Vegetation. The project site is a commercially developed infill site surrounded entirely by urban land uses and does not contain any steep slopes. Furthermore, there are no sensitive habitats, plant species, or species of animals listed as rare, threatened, endangered or otherwise sensitive by the U.S. Fish & Wildlife Service (USFWS) or California Department of Fish & Game (CDFG) present on, or adjacent to the site. b. Drainage, Erosion, Sedimentation, Habitat. Project grading has been designed to match the historical drainage patterns of the site and will remain relatively unchanged. The project is proposing to incorporate structural treatment control Best Management Practices (BMPs) and Low Impact Design (LID) features such as bio-retention swales, landscape medians, vegetated buffers, and filter inserts to attain water quality objectives. The total post development runoff discharging from the site will decrease slightly from the pre-development amounts, and through implementation of the recommended site CUP 08-08/ CDP 08-13 - GREEN DRAGON COLONIAL VILLAGE April 15,2009 Page 14 design and LID features, post construction impacts to water quality will be mitigated to an acceptable level. c. Landslides and Slope Instability. The project site has an existing ground elevation of approximately 75 feet above mean sea level (AMSL) and is generally level topographically with no evidence of landslides or slope instability existing onsite. d. Seismic Hazards. The project site is an urban infill site with existing development that includes an 18,400 square foot one-story commercial building and parking lot. The proposed project is utilizing the existing building structure and foundation as a key part of the remodel. Grading of the site is minimal and will not affect the subsurface condition of the existing building pad. There is no evidence of seismic hazards, or any active or potentially active faults known to exist on or within the vicinity of the project site. e. Flood Plain Development. The foundation for the proposed building is located approximately 75 feet AMSL and does not propose any development within any floodplain area. E. Airport Land Use Compatibility Plan (ALUCP) for McClellan-Palomar Airport The project site is located approximately 1.7 miles southwest of the McClellan-Palomar Airport and approximately 256 feet below the surface of the runway. It is located within the Airport Influence Area (AIA) as identified in the Airport Land Use Compatibility Plan (ALUCP) for the McClellan-Palomar Airport. The proposed uses fall within Land Use Category No. 8 of the ALUCP Noise/Land Use Compatibility Matrix (Commercial-Retail, Shopping Centers, Restaurants, and Movie Theaters). According to the ALUCP, the project site is located within the 60 CNEL noise contour. The types of uses being proposed are considered to be "compatible" according to the ALUCP with the aircraft noise exposure at the site. F. Growth Management (LFMP Zone 3) The proposed project is located within Local Facilities Management Zone 3 in the southwest quadrant of the City. The impacts on public facilities created by this project and compliance with the adopted performance standards are summarized in Table 3 below: TABLE 3: GROWTH MANAGEMENT FACILITY City Administration Library Wastewater Treatment Capacity Parks Drainage Circulation Fire Open Space Schools - Carlsbad Unified School District IMPACTS N/A N/A 11.85EDU N/A 1 5.2 CFS (Basin C) U05ADT Station 4 N/A N/A COMPLY Yes Yes Yes Yes Yes Yes Yes Yes Yes CUP 08-087 CDP 08-13 - GREEN DRAGON COLONIAL VILLAGE April 15,2009 Page 15 TABLE 3: GROWTH MANAGEMENT CONTINUED FACILITY Sewer - Carlsbad Municipal Water District Water - Carlsbad Municipal Water District IMPACTS 11.85EDU 4,904 GPD COMPLY Yes Yes V. ENVIRONMENTAL REVIEW Pursuant to the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code, staff has conducted an environmental impact assessment to determine if the project could have any potentially significant impact on the environment. The environmental impact assessment identified potentially significant impacts to both noise and transportation/circulation categories, and mitigation measures have been incorporated into the design of the project or have been included as conditions of approval for the project such that all potentially significant impacts have been mitigated to below a level of significance. Consequently, a Notice of Intent to adopt a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) was published in the newspaper for a 20-day public review period from February 27, 2009 to March 19, 2009. No comments during the public review period were received. ATTACHMENTS: 1. Planning Commission Resolution No. 6549 (Mitigated Negative Declaration) 2. Planning Commission Resolution No. 6550 (CUP 08-08) 3. Planning Commission Resolution No. 6551 (CDP 08-13) 4. Location Map 5. Background Data Sheet 6. Local Facilities Impacts Assessment Form 7. Disclosure Statement 8. Green Dragon Tavern: Historical Background / Project: Vision & Intent 9. Reduced Exhibits 10. Full Size Exhibits "A" - "Q" dated April 15, 2009. NOT TO SCALE SITEMAP Green Dragon Colonial Village CUP 08-08/CDP 08-13 BACKGROUND DATA SHEET CASE NO: CUP 08-08/CDP 08-13 CASE NAME: GREEN DRAGON COLONIAL VILLAGE APPLICANT: Hofman Planning & Engineering REQUEST AND LOCATION: Request for a recommendation of adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and a recommendation of approval of a Conditional Use Permit and Coastal Development Permit to remodel the existing vacant Hadley's commercial building into a 21,281 square foot combination one-and-two story multi-use commercial building that will include a restaurant, museum and meeting rooms on property generally located on the west side of Paseo Del Norte and south of Palomar Airport Road, within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 3. LEGAL DESCRIPTION: Parcel 1 of Parcel Map No. 6022. in the City of Carlsbad. County of San Diego. State of California, filed in the Office of the County Recorder of San Diego County, June 8. 1977 as File No. 77-224223 (APN 211-040-21). and that portion of Lot "H" of Rancho Agua Hedionda. in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 823, filed in the office of the County Recorder of San Diego County, November 16. 1896 (APN 211-050-04), and the southerly 120.00 feet (measured along the easterly line thereof) of that portion of Lot "H" of Rancho Agua Hedionda, in the County of San Diego, State of California, according to map thereof No. 823, filed in tHe Office of the County Recorder of San Diego County. November 16, 1896 (APN 211-050-16V APN: 211 -040-21.211 -050-04, 211 -050-16 Acres: 3.08 Proposed No. of Lots/Units: N/A GENERAL PLAN AND ZONING Existing Land Use Designation: Travel/Recreation Commercial (T-R) Proposed Land Use Designation: No Change Density Allowed: N/A Density Proposed: N/A Existing Zone: Commercial Tourist, Qualified Development Overlay (C-T-Q) Proposed Zone: No Change Surrounding Zoning, General Plan and Land Use: General Plan Site North South East C-T-Q T-R C-T-Q T-R C-T-Q T-R C-T-Q/R-A-10,000/R-P T-R/G/O Current Land Use Commercial Building Taco Bell & Car Wash Motel 6 Commercial, Office, Caltrans Maintenance Operation Yard West Transportation Corridor Transportation Corridor Interstate 5 Revised 01/06 LOCAL COASTAL PROGRAM Coastal Zone: [X] Yes | | No Local Coastal Program Segment: Mello II Within Appeal Jurisdiction: I I Yes EX] No Coastal Development Permit: IXI Yes | | No Local Coastal Program Amendment: I I Yes IXI No Existing LCP Land Use Designation: TS Proposed LCP Land Use Designation: No Change Existing LCP Zone: C-T-Q Proposed LCP Zone: No Change PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 11.85 EDU ENVIRONMENTAL IMPACT ASSESSMENT Categorical Exemption, Mitigated Negative Declaration, issued February 27, 2009 I I Certified Environmental Impact Report, dated D Other, Revised 01/06 CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: CUP 08-08/CDP 08-13 LOCAL FACILITY MANAGEMENT ZONE: 3 GENERAL PLAN: T-R ZONING: C-T-Q DEVELOPER'S NAME: Bruce Bartlett ADDRESS: P.O. Box 927065. San Diego, CA 92192 PHONE NO.: (858)759-1648 ASSESSOR'S PARCEL NO.: 211-040-21, 211-050-04 &-16 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 3.08 ESTIMATED COMPLETION DATE: ASAP A. City Administrative Facilities: B. Library: C. Wastewater Treatment Capacity (Calculate with J. Sewer) D. Park: E. Drainage: F. Circulation: G. Fire: H. Open Space: I. Schools (Carlsbad Unified): J. Sewer (Carlsbad): K. Water (Carlsbad): L. Demand in Square Footage Demand in Square Footage Demand in Acres = Demand in CFS = Identify Drainage Basin = Demand in ADT = Served by Fire Station No. = Acreage Provided = Elementary School = Middle School = High School = Demands in EDU = Demand in GPD = N/A N/A 11.85 EDU N/A 15.2 CFS Basin "C" 1.305 ADT N/A N/A N/A N/A 11.85 EDU 4.904 GPD The project does not impact the Growth Management Dwelling unit allowance. City of Carlsbad Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county,- city municipality, district or other political subdivision or any other group or combination acting as a unit" Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. "i l. 2. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the- names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE .SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) - ^ . - - ... - - - Person n/a-- .. . / ..:•-.. .... :. Corp/Part Hofman Planning & Engineering , Title Title Address,Address 3152 Lionshead Avenue Carlsbad, Ca 92010 OWNER (Not the owner's agent) ' Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership .interest., in ... .the.. property... involved. Also,. provide the nature of .the. legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the. ownership, includes a corporation or- partnership, -include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10%'OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly- owned corporation, include the names, titles, and addresses of the corporate' officers. (A separate page may be attached if necessary.) , Person Bruce -Bartlert Title -I... . '.'• Corp/Part Bartlett Holdings Inc. Title . Address P.O Bo* 927065: "San"Diego:, Ca 92192 CITY OF eARLSBA PLANNING DEFT. 1635 Faraday Avenue * Carlsbad. CA 92OO8-7314 » (760) 602-46OO » FAX (760) 602-8559 NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (I) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/TrustJ Title Non Profit/Trust, Title Address Address Have you had more than $250' worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12j) months?V Yes X No If yes, please indicate person(s):. NOTE: Attach additional sheets if necessary. I certify tljat all the above ihfermatfon is true and correct to the best of my knowledge. ___/y// y /j^c// Signaturq of owner/date Signature of applicant/date J Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\D!SCIOSUR£ STATEMENT 5/98 Page 2 of 2 r To whom it may concern: Doug Statser is authorized to sign contracts on behalf of Bruce R. Bartlett with regard to the property located at 6115 Paseo Del Node Carlsbad, Ca. If you have any questions, call Bruce R. Bartlett at 508 942 1930 and send signed contracts and invoices to: Bruce Bartlett P. O. Box 927065 San Diego, Ca. 92192 Thank you, Bruce R. Bartlett The Green Dragon Tavern •A planning stte for the Boston Tta Putty Historical Background Since the birth of our nation and Colonial times, men of strong mind, strong will and strong character used to meet in an old tavern. Coming together secretly, and often late at night, they met upstairs at the tavern in the Long Room. Here they planned the destiny of our country and plotted the course of freedom which we now sail. This well-known pub in Boston, as most colonists did not read, was marked by a copper sculpture of a dragon above the door. It did not take very long for the Boston climate to corrode the dragon a bright shade of green, so quickly that the pub's owners did not waste the effort to keep the dragon sculpture polished. The pub came to be popularly known as the Green Dragon. This project proposes to recreate the Green Dragon Tavern in Carlsbad for a unique land use that combines dining and education; and can serve tourism, business, and educational components of the community. Vision and Intent I have always felt that many Americans do not know, and therefore do not appreciate and understand, their wonderful heritage. A second premise I have is that families are limited in finance and time in having educational outings. A third premise I have is museums are under-visited because they are perceived as 'boring'. As a retired founder of seven companies, collector of historical documents, trustee of the Pilgrim Society, Pilgrim Museum, and the New England Historic Genealogical Society, I feel that the Green Dragon Tavern restaurant, bookstore, and museum will help contribute to the family and community in these areas. • The plan is to hire history teachers part time preferably from the Carlsbad School system and for them to provide the best way to utilize a combination of lectures, exhibits, and educational materials on the pilgrims and Revolutionary War. Students learn much more with visual aids. • A significant part of the general public does not know the history of the Pilgrims, the Founding Fathers, and the founding of our country. The role of the Green Dragon is to introduce this history by providing free historical coloring books to children and age-related books from this period. Also early newspapers, documents, and exhibits will be on display to emphasize the important historical events and developments from this period. • Visiting the Green Dragon Tavern will be an authentic and historically-accurate experience beginning with the project's architecture, continuing with displays of information, artifacts and documents from colonial American history, and concluding with attire and dress that reflects this period in history worn by Tavern employees/staff. • Daniel Webster called the Green Dragon, "the Headquarters of the Revolution", Sam Adams, John Hancock, Dr. Joseph Warren, Dr. Benjamin Church (later a counter spy for the British general Gage) and Paul Revere met and planned such revolutionary activities here such as the Boston Tea Party. More importantly these were the early leaders of the American Revolution. Sam Adams and John Hancock signed the Declaration of Independence. John Hancock signed first as President of the Continental Congress. Paul Revere was sent from the Green Dragon by Dr. Warren on his famous ride to warn Lexington. Our project will allow for a unique experience to learn and understand the history of American forefathers. • We will seek to interact with tourism, business and educational components of the community. BRUCE BARTLETT - OWNER AND OPERATOR/GREEN DRAGON TAVERN, CARLSBAD. 58 DNIM33NION3 • ONINNVld • 3arUD3.UHDHVS3XVIOOSSV « N3SN38S3 I IOZ6 VO 'QV8S1WVO3J.yON 13Q O3SVd S 1 1939VTIIA IVINOIOOwnasnw QNV NHSAVI NOOVUQ N33MD; s il LU (/•^D < O ZJ Hz LU < U Q ZLU LU U III S 6 I still s iss! iiii i ilii i s I! 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