HomeMy WebLinkAboutPRE 2019-0022; BOARS CROSS'N; Admin Decision LetterNovember 4, 2019
Karnak Architecture and Design
Robert Richardson
381 Christiansen Wy
Carlsbad CA 92008-2212
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SUBJECT: PRE 2019-0022 (DEV2019-0172)-BOARS CROSSN
APN: 203-173-04-00
{'Cityof
Carlsbad
Thank you for submitting a preliminary review to convert an existing portion of a nightclub to restaurant,
expand the outdoor patio in the rear of the property and install new decks on the south and east side of
the building for a new sidewalk cafe proposed at 390 Grand Avenue. The project site, an approximately
7,840-square-foot lot (0.18 acre), currently is developed with a nonconforming nightclub.
In response to your application, the Planning Division has prepared this comment letter. Please note that
the purpose of a preliminary review is to provide you with direction and comments on the overall concept
of your project. This preliminary review does not represent an in-depth analysis of your project. It is
intended to give you feedback on critical issues based upon the information provided in your submittal.
This review is based upon the plans, policies, and standards in effect as of the date of this review. Please
be aware that at the time of a formal application submittal, new plans, policies, and standards may be
in effect and additional issues of concern may be raised through a more specific and detailed review.
Planning:
General
1. General Plan and zoning designations for the property are as follows:
a. General Plan: Village-Barrio (V-B)
b. Zoning: Village-Barrio {V-B) Zone
c. Village & Barrio Master Plan; Village Center (VC) Land Use District
2. The property is in the Coastal Zone. The Coastal land use designation and zone are the same as
the General Plan and Zoning above.
3. The project site is located within the Village Center (VC) District of the Carlsbad Village & Barrio
Master Plan (VBMP). Please see link below:
http://www.carlsbadca.gov/civicax/filebank/blobdload.aspx?Blob1D=36580
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
PRE 2019-0022 (DEV2019-0172)-BOARS CROSSN
November 4, 2019
Page 2
4. The project requires the following permits:
a. Conditional Use Permit for expansion of a nonconforming use
b. Minor Site Development Plan
c. Coastal Development Permit
d. Right of Way permit (Land Development Engineering)
5. Nonconforming Use: The existing nightclub with outdoor dining patio is considered an existing
nonconforming use because nightclubs are not permitted by the Village and Barrio Master Plan and
outdoor dining can only occur with a permitted use. A nonconforming use may be continued and the
use expanded in accordance with the provisions of Carlsbad Municipal Code {CMC} Section 21.48.070
-Nonconforming Nonresidential Uses -provided that the expansion does not increase the degree of
existing nonconformity of all or part of such structure or use; and reduce the number and size of any
required existing parking spaces. Additionally, the nonconforming use may be expanded, so as to
occupy a greater area of land or more floor area within a structure, subject to issuance of all required
discretionary and building permits, provided that an application for a conditional use permit is
submitted and the Planning Commission approves the findings of fact pursuant to CMC Section
21.42.030(A). The nonconforming nightclub cannot expand into the rear patio area where a service
bar is being relocated as the nightclub use is not permifted outdoors and the size of the patio is
increasing thereby increasing the degree of nonconformity and creating more of a parking demand.
Please remove the proposed bar in the outdoor dining patio.
6. Although the adjacent property to the north is the same property owner, the use and structures are
not allowed to cross property lines. Please remove all proposed improvements for this use from the
northerly property.
7. Parking:
Required Parking
Use Square footage of Formula Required parking
use
Nightclub/bar 3682 sq ft 1/100 sq ft 37 spaces
area/halls/restrooms/storage* (public assembly)
Restaurant 3239 sq ft. 1/170 sq ft 12 spaces
Sidewalk Cafe 913 sq ft No parking required
Outdoor patio** 1547 sq ft 1/170 sq ft 10 spaces
Total spaces required 59 spaces
*Please note that parking is to be computed on the basis of gross floor area. The halls, restrooms and
storage were added into the nightclub use for gross floor area.
**Because the nonconforming outdoor dining patio is increasing in size, parking must be provided per
CMC Section 21.48.070{A)(2}
Please provide a copy of the parking agreement with Boars Crossn and Villag~ Faire to utilize the
Village Faire parking lot to the west of Boars Crossn.
PRE 2019-0022 (DEV2019-0172)-BOARS CROSSN
November 4, 2019
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8. Sidewalk Cafe: Pursuant to the VBMP, a right-of-way permit and other permits as deemed necessary
by the city engineer shall be approved before placement or use of a sidewalk cafe in the right-of-way.
9. Upon formal submittal, show how the rear outdoor area will be screened from the adjacent residential
parcel to the north.
10. Upon formal submittal, please indicate where loading and service areas will be located so as to not
block any access way to the adjacent residential parcel to the north.
11. Upon formal submittal, show where noise-generating equipment (refrigeration units, air conditioning
and exhaust fans, etc.) will be located and how it will be screened.
12. Upon formal submittal, please provide a site plan clearly delineating property lines and provide lot
dimensions. Please follow applicable submittal requirements per P-2 Development Permits.
13. New forthcoming requirements related to the city's Climate Action Plan (CAP) will likely impact
development requirements of this project. A formal application submittal will need to include a
completed CAP Checklist (Form P-30) to determine what requirements will apply to the project. New
CAP requirements are related to energy efficiency, photovoltaic, electric vehicle charging, water
heating and traffic demand management requirements, as set forth in City Council Ordinance Nos.
CS-347, CS-348, CS-349 and CS-350 and City Council Resolution No. 2019-024 which are available on
the city's website at the following address:
http://www.carlsbadca.gov/services/depts/pw/environment/cap/ordinances.asp
To the extent that some or all of the new CAP requirements are in effect at the time of application for
grading or building permits, the project will be required to comply with the effective requirements
even if different than what is proposed in the project's planning approvals. CAP requirements may
impact, but are not limited to, site design and local building code requirements. Once adopted as part
ofTitle 18 and in effect, plans submitted for grading or building permits must demonstrate compliance
with the new CAP requirements. If incorporating new CAP requirements results in substantial
modifications to the project after planning approvals are obtained, then prior to issuance of grading
or building permits, the applicant may be required to submit and receive approval of a Consistency
Determination or an Amendment application for the project through the Planning Division.
14. Planning is unable to indicate whether the proposed project will be supported. Upon formal submittal
and review, all technical standards, issues of concern and required findings will need to be addressed.
All necessary application forms, submittal requirements, and fee information are available at the Planning
counter located in the Faraday Building at 1635 Faraday Avenue or online at
http:ljwww.carlsbadca.gov/services/depts/planning/default.asp. You may also access the General Plan
Land Use Element and the Zoning Ordinance online at the website address shown; select Department
Listing; select Planning Home Page. Please review all information carefully before submitting.
PRE 2019-0022 (DEV2019-0172)-BOARS CROSSN
November 4, 2019
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Land Development Engineering:
1. Complete a Stormwater Standards Questionnaire, Form E-34, to determine whether this project is
subject to 'Priority Development Project' (PDP) requirement or 'Standard Project' requirements. The
questionnaire is available in the city website at:
http://www.carlsbadca.gov/civicax/filebank/blobdload.aspx?Blob1D=22711
2. Indicate on the site plan the newly created and/or replaced impervious area in square feet (including
the area of the proposed covered patios, restrooms, new sidewalks (private and public), new delivery
access, new trash enclosure, etc.). If the project's proposed new and replaced impervious area
exceeds the 5,000 sq. ft., then the project qualifies as a 'Priority Development Projects' (PDPs) and a
Storm Water Quality Management Plan (SWQMP) is required. The SWQMP shall be prepared in
accordance with the City of Carlsbad BMP Manual (latest version). Use the City of Carlsbad SWQMP
template for priority development project (Form E-35) available in the City website at:
http://www.carlsbadca.gov/civicax/fi1ebank/b1obdload.aspx?Blob1D=22712
If the proposed impervious area to less than 5,000 sq. ft., then the project qualifies as a 'Standard
Project'. A 'Standard Project' is not required to prepare a SWQMP, but is required to submit a
completed Standard Project Requirement Checklist (E-36 Form) available in the City website at:
http://www.carlsbadca.gov/civicax/filebank/b1obdload.aspx?Blob1D=30141
3. Calculate and indicate on the site plan the project's average daily traffic (ADT). The project is
proposing a 2,041 sq. ft. increase in building square footage. This will result in a traffic generation
increase of approximately 200 ADT, based on SANDAG traffic generation rate. This exceeds the 110
ADT threshold for the need to prepare Traffic Impact Analysis. Submit a traffic impact analysis based
on the new traffic impact analysis (TIA) guidelines available in the city website at:
http://www.carlsbadca.gov/civicax/fi1ebank/blobdload.aspx?Blob1D=22758
Using Table 1 of the TIA guidelines, it appears that the project is required to prepare and submit a
Level 1 TIA analysis.
4. Provide the project's proposed water demand in gallons per day (GPO), and sewer demand in
equivalent dwelling unit (EDU).
5. Calculate and indicate the project's net employee ADT increase on the site plan. Based on the
proposed site plan, the project's net employee ADT appears to be less than 110 employee ADT
threshold therefore the project is not required to prepare a Transportation Demand Management
Plan.
6. Show the property boundary data including bearings and distances. Provide a preliminary title report
dated within 6 months of the discretionary application date. Show and label on the plans, all
easements listed in schedule B of the said report.
PRE 2019-0022 (DEV2019-0172)-BOARS CROSSN
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7. Provide proof of a recorded private reciprocal access agreement between all affected property
owners for the proposed off-site sidewalk along the western property boundary.
8. Delete all proposed private improvements within the public right-of-way including proposed cafe
seating, railings and gates. Process a separate right-of-way permit application for all proposed public
right-of-way encroachments through Land Development Engineering Division.
9. Show the existing and proposed contour lines, spot elevations, high point, low points onsite, on the
adjacent streets and on the adjacent properties within 50 feet beyond the project boundary. Show
the existing direction of drainage using drainage arrows.
10. Submit preliminary Geotechnical Study that provides design recommendations for this proposed
development including grading of building expansion and recommendations for any stormwater
LID/treatment BMPs proposed for this project. Based on the preliminary plans, a grading permit
maybe required for this project.
11. Submit a preliminary hydrology report to address site drainage and to mitigate for flow increases (if
any) at the exist/discharge points.
12. Use NGVD 29 datum for vertical control.
13. Show the locations of the existing and proposed utilities including water services and sewer laterals
to serve this project.
14. Meet with the Fire Department to identify the necessary fire protection measures required for this
project (additional fire hydrants, sprinkler system, etc.).
Building:
1. Please provide an exit analysis with the formal submittal.
2. Building staff does not agree with the halls and egress routes not being counted in the square footage.
1. There are concerns over the proposed dual use of restaurant and nightclub and how the use will be
able to control the access of minors onto the property after a certain time.
2. The proposed sidewalk cafe encroaching onto the existing sidewalk is of concern as well due to heavy
foot traffic and poor lighting in existence now.
3. Please note these concerns are strictly preliminary as we look forward to working with the business
owners to help them find the best business model possible.
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Fire:
1. Please contact Randy Metz for Fire comments.
If you would like to schedule a meeting to discuss this letter with the commenting departments, please
contact Chris Sexton at the number below. You may also contact each department individually as follows:
• Planning Division: Chris Sexton, Associate Planner, at (760) 602-4631
• Land Development Engineering: Tecla Levy, Project Engineer, at (760) 602-2733
• Fire Department: Randy Metz, Fire Inspections, at (760) 602-4661
• . Building Division: Mike Peterson, Interim Director of Community Economic Development Director,
at (760) 602-2721
• Police: Mike Ernst, Police Sergeant, at (760) 931-2100
Sincerely,
DON NEU, AICP
City Planner
DN:CS:mf
c: Ralph and Lana Burnette Trust, 390 Grand Avenue, Carlsbad CA 92008
Tecla Levy, Project Engineer
Fire Prevention
HPRM/File Copy
Data Entry