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HomeMy WebLinkAboutAMEND 2017-0009; JM CONCEPTS; Admin Decision LetterDecember 26, 2017 James Markham 2792 Highland Drive Carlsbad, CA 92008 \V\ c~\ \ec_\ \'2..1 -i..-, l \'1 FILEcCityof Carlsbad SUBJECT: AMEND 2017-0009/AMEND 2017-0010 (DEV2017-0214)-JM CONCEPTS-Request for approval of Minor Review Permit Amendment and Minor Coastal Development Permit Amendment for the addition of two storage containers for the operation of a deli and the accessory sale of alcohol at 430 Carlsbad Village Drive. The proposal also includes a 605 square foot outdoor dining area. The site is currently developed with the Choice Juicery which operates out of a storage container. The property is located in District 1, Carlsbad Village Center, of the Village Review Zone and Local Facilities Management Zone 1. Dear Mr. Markham, The City Planner has completed a review of your application for a Minor Review Permit Amendment AMEND 2017-0009 and Minor Coastal Development Permit Amendment AMEND 2017-0010 for the addition of two storage containers for the operation of a deli and the accessory sale of alcohol. at 430 Carlsbad Village Drive. The net square footage of the storage containers (i.e., exclusive of storage area) is 250 square feet. The proposal also includes a 605 square foot outdoor dining area. A notice was sent to property owners and occupants within a 300' and 100' radius, respectively, of the subject property requesting comments regarding the above request. No comments were received within the ten day notice period (ending on December 15, 2017). After careful consideration of the circumstances surrounding this request, the City Planner has determined that the findings required for granting a Minor Review Permit Amendment and Minor Coastal Development Permit Amendment can be made and therefore, APPROVES this request based on the following findings and conditions. Findings: Minor Review Permit Amendment, AMEND 2017-0009 1. The City Planner has determined that the project is consistent with the policies, goals and action programs set forth within the Carlsbad General Plan in that the deli with the accessory sale of alcohol and outdoor dining area provide resident and visitor-serving uses, and complement the existing commercial and residential uses in the pedestrian-oriented downtown Village. 2. The City Planner has determined that the project is consistent with Chapter 21.35 (Village Review Zone) of the Carlsbad Municipal Code and all applicable development standards and land use policies set forth within the Village Master Plan and Design Manual in that a deli is a permitted retail use and outdoor dining area is a permitted accessory use within Land Use District 1 of the Village Master Plan. The 250 net square foot for the business and the 605 square foot outdoor dining area require Community & Economic Development Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov AMEND 2017-0009/AMEND 2017-0010 (DEV2017-0214)-JM CONCEPTS December 26, 201i7 Pa e 2 three (3) parking stalls (1 space per 300 square feet; outdoor dining calculated at 1:300, retail ratio for a deli, as no indoor dining is provided). Including the existing Choice Juicery, which is required to provide one (1) parking stall, a total of four (4) parking stalls are required and a total of six (6) are provided onsite. In addition, the Police Department indicated their support for the project on December 14, 2017. 3. The total cost of the proposed development is less than $60,000. Minor Coastal Development Permit Amendment, AMEND 2017-0010 4. That the development is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act, in that no public opportunities for coastal access are available from the subject site, nor are public recreation areas required of the project as the property is not located adjacent to the shore; therefore, it will not interfere with the public's right to physical access or water- oriented recreational activities. 5. The proposed development will have no adverse effect on coastal resources, in that the location of the property is not immediately adjacent to any body of water and the lot is disturbed and developed with artificial turf, a modular restroom, and the Choice Juicery which operates out of a storage container. 6. That the proposed development is in conformance with the Village Segment of the Certified Local Coastal Program and all applicable policies in that the site is designated V, Village, which allows commercial uses by right in the core of the Village Master Plan. The proposal to add two storage containers will not obstruct views of the coastline as seen from public lands or the public right-of- way, nor otherwise damage the visual beauty of the coastal zone. No agricultural uses currently exist on the site, nor are there any sensitive resources located on the property. Furthermore, the proposed project is not located in an area of known geologic instability or flood hazards. 7. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the city's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, and the National Pollutant Discharge Elimination System (NPDES) requirements to avoid increased urban run-off, pollutants and soil erosion. In addition, the area proposed for the location of the storage containers is flat and does not contain natural steep slopes greater than 25 percent gradient; no native vegetation will be removed; and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction. 8. That the request for a minor coastal development permit was adequately noticed at least ten (10) working days before the date of this decision pursuant to Section 21.201.0B0(B) and (C) of the Carlsbad Coastal Development Regulations. General 9. The City Planner has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15303 -New Construction or Conversion of Small Structures, of the State CEQA Guidelines as the project involves the conversion of an existing small structure from one use to another where only minor modifications are made to the structure and will not have any adverse significant impacts on the environment. AMEND 2017-0009/AMEND 2017-0010 (DEV2017-0214)-JM CONCEPTS December 26, 2017 Pa e 3 10. The City Planner has reviewed each of the exactions imposed on the Developer contained in this approval, 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: NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of a building permit. 1. Approval is granted for AMEND 2017-0009/AMEND 2017-0010-JM CONCEPTS as shown on Exhibits "A" -"C" dated December 26, 2017, on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the city shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the city's approval of this Minor Review Permit Amendment and Minor Coastal Development Permit Amendment. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the AMEND 2017-0009/AMEND 2017-0010 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 attorney's fees incurred by the city arising, directly or indirectly, from (a) city's approval and issuance of this Minor Review Permit Amendment and Minor Coastal Development Permit Amendment, (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. This project shall comply with all conditions and mitigation measures, which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. AMEND 2017-0009/AMEND 2017-0010 (DEV2017-0214)-JM CONCEPTS December 26, 2017 Pa e 4 7. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 8. Prior to the issuance of the Building Permit, 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 Review Permit Amendment and Minor Coastal Development Permit Amendment on the property. 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 Developer or successor in interest. 9. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner of an Outdoor Storage Plan, and thereafter comply with the approved plan. 10. The landscape planters around the perimeter of the property shall be maintained at all times, to the satisfaction of the City Planner. Code Reminders: 11. 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. 12. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 13. 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. AMEND 2017-0009/AMEND 2017-0010 (DEV2017-0214)-JM CONCEPTS December 26, 2017 Pa e 5 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 Municip~I Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $850.00. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Shannon Harker at (760) 602-4621. Sincerely, TERI DELCAMP Principal Planner TD:SH:fn c: Leor Lakritz, Suite 614, 8502 East Chapman Avenue, Orange, CA 92869 Tecla Levy, Project Engineer HPRM/File Copy Data Entry