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HomeMy WebLinkAboutRP 10-34; Cafe Topes; Redevelopment Permits (RP) (3)CITY OF ViCARLSBAD Community & Economic Development www.carlsbadca.gov October 31, 2011 Cafe Topes 3091 Roosevelt St. Carlsbad, CA 92008 SUBJECT: RP 10-34 - Cafe Topes Dear Barille Family: Your letter dated September 22, 2011 requested a waiver of traffic impact fees for your Cafe Topes project, Carlsbad establishes impact fees to provide for the orderly and timely construction of adequate infrastructure as the city develops. Traffic impact fees allow the widening of streets and installation of traffic signals to keep traffic moving, and maintain the high level of service expected by the residents and business owners In Carlsbad. We understand that the traffic impact fees can represent a significant cost for businesses. The impact fees are set after thorough study, and with careful consideration of the effect on businesses. For these reasons, Carlsbad does not, and has not ever waived impact fees. You also mentioned concern about the classification ofyour proposed restaurant as a "sit down high turnover" restaurant. Per the municipal code, restaurants are classified as one of three categories: quality restaurant, sit down high turnover, or fast food. These terms are intended to address the traffic generation rates, and are not a reflection on the quality ofthe restaurant. The Trip Generation handbook published by the Institute of Transportation Engineers (ITE), defines "quality restaurant" as: ''...eating establishments of higi) quality and with turnover rates generally of at least one hour or longer. Generally, a quality restaurant does not serve breakfast and may or may not serve lunch." Based on staffs understanding of your restaurant, this did not appear to be the best description ofyour proposed operations. The "sit down high turnover" description is described in the ITE handbook as: ''...sit-down eating places where customers generally stay less than one hour. Restaurants in this group are usually moderately priced and frequently belong to chains. These restaurants serve breakfast, lunch and dinner and are sometimes open 24 hours per day." While the restaurant doesn't exactly match either of the descriptions, the "sit down high turnover" description appears to best match your proposed operations, based on reasonably 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-2710 F 760-602-8560 ® Barille Family October 31, 2011 Page 2 priced fare, and serving breakfast and lunch. If you have new and specific information which bolsters your assertion that your proposed restaurant should be calculated at the "quality" rate of 100 ADT/1000 s.f. instead of the "sit down high turnover" rate of 300 ADT/1000 s.f., please submit the information for staff consideration. Sincerely, GARYT. BARBERIO Community & Economic Development Director C: Glen Van Peski, Engineering Manager Clyde Wickham, Associate Engineer Linda Ontiveros, Engineering Technician Mike Peterson, Development Services Manager Kathy Dodson, Economic Development Manager Debbie Fountain, Housing and Neighborhood Services Director Austin Silva, Assistant Planner <|'»2I% CITY OF V CARLSBAD Housing & Neighborhood Services www.carlsbadca.gov January 12, 2011 JOE BARILLE 300 CARLSBAD VILLAGE DR. SUITE 177 CARLSBAD, CA 92008 Re: Cafe Topes (RP 10-34) Dear Mr. Barille: On January 12, 2011, the Housing and Neighborhood Services Director conditionally approved Administrative Review Permit No. RP 10-34 for property located at 3091 Roosevelt Street. The decision of the Housing and Neighborhood Services Director is subject to a ten (10) day appeal period. The appeal period has elapsed and no appeals were filed. Attached is a copy of the approved permit with conditions authorizing the conversion of commercial/retail space to a restaurant. Please review all conditions carefully. Violation ofthe conditions could result in revocation ofthis permit. It has been a pleasure doing business with you. If you have any questions regarding this correspondence, please contact my office at (760) 434-2813. Sincerely, AUSTIN SILVA Assistant Planner Enclosure C: Debbie Fountain, Housing and Neighborhood Services Director 2965 Roosevelt Street, Ste. B, Carlsbad, CA 92008-2397 T 760-434-2810 F 760-720-2037 ® A>c„.„, • • FILECOPY V'CARLSBAD Planning Division www.carlsbadca.gov PLANNING COMMISSION NOTICE OF DECISION January 6, 2011 Joe Barille Ste 177 300 Carlsbad Blvd. Carlsbad CA 92008 SUBJECT: RP 10-34 - CAFE TOPES At the January 5, 2011 Planning Commission meeting, your application was considered. The Commission voted 5-0-1 to approve your request. The decision of the Planning Commission will become final on January 15, 2011. The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Planner, Don Neu, Secretary ofthe Planning Commission, 1635 Faraday Avenue, Carlsbad, CA 92008. If you have any questions regarding the final dispositions of your application, please contact your project planner Austin Silva at (760) 434-2813 or austin.silva@carlsbadca.gov. Sincerely, DON NEU, AICP City Planner DN:AS:bd c: Data Entry File enc: Planning Commission Resolution No. 6752 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® t ^^^%> CITY OF CARLSBAD ERRATA SHEET FOR AGENDA ITEM #1 Memorandum January 5, 2011 To: Planning Commission From: Austin Silva, Assistant Planner Via Don Neu, Planning Director Re: Errata Sheet for Agenda Item #1 - RP 10-34 - Cafe Topes Revisions to the staff report and Planning Commission Resolution No. 6752 have been, or will be made as follows: 1. The original recommendation read "That the Planning Commission ADOPT Planning Commission Resolution No. 6752 APPROVING a shared parking/lease agreement to the parking requirements and to allow for the conversion of retail space to restaurant within the Village area." The recommendation is revised to read as follows: That the Planning Commission ADOPT Planning Commission Resolution No. 6752 APPROVING a shared parking agreement to satisfy the parking requirements to allow for the conversion of retail space to restaurant within the Village area. 2. In addition, a correction is noted that the Administrative Review Permit will restrict the hours of operation for Cafe Topes from 6:00 A.M. to 2:00 P.M. The shared parking agreement will restrict the hours of operation for both restaurants. 3. For enforcement purposes, the Housing & Redevelopment Commission shall be added as a third party beneficiary to the shared parking agreement. In addition, the agreement will be revised to include a term that no changes to the agreement will be permitted unless prior approval is granted bythe Commission. 4. Revisions will be made to Planning Commission Resolution No. 6752 to clarify that a shared parking agreement will be approved, NOT a lease agreement. 5. The resolution will be corrected to state that the Planning Commission is taking action solely on the parking agreement, NOT on the land use change from retail to restaurant. The resolution will clarify that the Planning Commission is approving the proposed parking agreement, and authorizing the Housing and Neighborhood Services Director to final the agreement as appropriate, subject to final review and approval by City Attorney for form and content. Community & Economic Development 1635 faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax <i.0h CITY OF ^ CARLSBAD /Wemorondum November 23, 2010 To: Austin Silva, Project Planner From: Clyde Wickham, Project Engineer Subject: RP 10-34, CAFE TOPES, 3091 ROOSEVELT STREET, APN 203-306-11 The Engineering Department has completed its review of the project. The E gineering Department is recommending that the project be approved, subject to the following conditions: Engineering 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. General 35. Developer shall comply with the City's Stormwater Regulations, latest versio , and shall implement best management practices at all times. Best management practices include but are not limited ta pollution treatment 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 ofthe above requirements. 38. Developer shall complete and submit to the City Engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, Developer shall also submit the appropriate Tier level Storm Water Compliance form and Tier level Storm Water Pollution Prevention Plan (SWPPP) as determi ed by the completed PTAF all to the satisfaction of the City Engineer. 38. Developer is responsible to e sure that all final design plans (landscape pla s, building plans, etc) incorporate all source control, site design, treatment control BMP, and Low Impact Design (LID) facilities. Communitv & Economic Developme t - Land Development Engineering 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2740 I 760-602-1052 fax I www.carlsbadca.gov Page 1 of 2 60. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction ofthe district engineer. 62. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 80. 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. Page 2 of 2 Citv of Carlsbad Housing & Redevelopment Department October 5, 2010 KARNAK PLANNING & DESIGN ATTN: ROBERT RICHARDSON 2525 PIO PICO DRIVE CARLSBAD, CA 92008 Subject: Cafe Topes, Administrative Review Permit, RP 10-34 Dear Mr. Richardson: Thank you for applying for a land use permit in the City of Carlsbad. The Housing and Neighborhood Services Department together with other appropriate City departments, has reviewed your Administrative Review Permit as to its completeness for processing. The application is incomplete, as submitted. The attached list includes information that must be submitted to complete your application. This list of items must be submitted directly to the Housing & Neighborhood Services Office. All list items must be submitted simultaneously and a copy of this list must be included with your submittal. No processing of your application can occur until the application is detemiined to be complete. When all required materials are submitted to the Redevelopment Office, the City has an additional thirty (30) days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. In addition, please note that you have six months from the date the application was initially filed, August 27, 2010, to either resubmit the application or submit the required information. Failure to resubmit the application or to submit the materials necessary to determine your application complete shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn, a new application must be submitted. Please contact me at (760) 434-2813, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, AUSTIf^ SILVA Assistant Planner Debbie Fountain, Housing & Neighborhood Services Director Clyde Wickham, Engineering Department Joe Banlle, Prospective business owner File 2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2397 • (760) 434-2810/2811 • FAX (760) 720-2037 @ Cafe Topes 10/05/2010 Page 2 of3 LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION RP 10-34 Staff has completed a review of the subject project for application completeness. The applications and plans submitted for this project are also incomplete in some areas. Please take note of the comments. The application cannot be processed further without the requested information. Please resubmit 2 sets of plans addressing the following incomplete items: Housing and Neighborhood Services: 1. It appears as though there is 1,065 square feet of net floor area for the restaurant area. Please connect this on the plans and data table. 2. A restaurant with a net floor area of 1,065 square feet requires 11 parking spaces. The property the applicant is requesting to enter into a shared parking agreement with at 3067 Roosevelt Street (New York Pizzeria) has 10 parking spaces on site. In order for the parking agreement to be approved, the net floor area of the restaurant needs to be reduced, or one (1) parking space must be provided on site. The project is also eligible to participate in the City's Parking In-Lieu Fee program for the Village Area. 3. Please indicate the square footage of each room on the floor plan. 4. Please provide a letter from Waste Management allowing the use of Totes containers for a restaurant use at this location. Building: 1. A grease interceptor is required per the Fats Oils and Grease (F.O.G.) Ordinance. Please note that this needs to be addressed in the final construction plans for a building permit. 2. Submit detailed construction plans upon completion of Administrative Review Permit process to the Building Division. Engineering: 1. A completed Stormwater Standards Questionnaire must be submitted concurrently with the project application. This questionnaire will guide you and the City in determining what type of reports and storm water mitigation must be completed to satisfy state and City storm water quality requirements. The questionnaire (E-34) can be printed from the following website link: www.carlsbadca.qov\development- forms. Some best management practices (BMP's) and/or Low Impact Development (LID) techniques to consider include landscaping (i.e. vegetated areas) around the proposed project and direct roof and patio drainage to the landscaping. 2. Show the existing access and garage for the dwelling north of the project. I believe they are on the same parcel and part of the same ownership of this project. Cafe Topes 10/05/2010 Page 3 of 3 3. Please provide a title report that supports the lot configuration and complete ownership of property. The Assessor's Parcel number (203-306-10) provided on sheet AS1.0 is different than the proposed site. 4. The existing driveway apron will need to be removed and reconstructed to provide an additional parking space on Oak Street 5. The proposed outside dining area is within the Oak Street public right of way, this will require an encroachment permit if approved as part of this administrative land use permit. 6. The proposed project will require a separate sewer lateral to be installed. The existing dwelling to the north appears to be using the lateral shown. Regarding any comments from the Engineering Department, please contact Clyde Wickham, Associate Engineer, at (760)602-2742.