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Home My WebLink AboutRP 2017-0011; ROOSEVELT MIXED USE; Admin Decision Letter• September 18, 2020 Jeffrey C Rasak ffilZ1 \ e &-oL--A-f Cf I ::ll I 2,.)~ 162 S. Rancho Santa Fe Road B-85 Encinitas, CA 92024 FILE Ccityof Carlsbad SUBJECT: RP 2017-0011/CDP 2017-0056 (DEV2017-0084)-ROOSEVELT STREET CAFE-lST EXTENSION The Planning Division has completed its review of your application for the first extension of Administrative Review Permit RP 2017-0011 and Administrative Coastal Development Permit CDP 2017- 0056 -ROOSEVELT STREET CAFE, submitted on February 4, 2020. Administrative Review Permit RP 2017-0011 and Administrative Coastal Development Permit CDP 2017-0056 were originally approved by the City Planner on March 6, 2018. Condition No. 12 required that RP 2017-0011 and CDP 2017-0056 expire two (2) years from the date the City Planner approved the project on March 6, 2018. After careful consideration of the circumstances surrounding this request, it has been determined that (1) the first extension of Administrative Review Permit RP 2017-0011 and Administrative Coastal Development Permit CDP 2017-0056 -ROOSEVELT STREET CAFE was submitted in a timely manner prior to the expiration date, (2) there has been no change of circumstances in relation to the Carlsbad Village and Barrio Master Plan or the coastal development regulations, (3) the project complies with the Carlsbad Village and Barrio Master Plan and Title 21, and (4) the findings required for granting an extension to the Administrative Review Permit and Administrative Coastal Development Permit can be made. Therefore, the city planner retroactively APPROVES the first extension of Administrative Review Permit RP 2017- 0011 and Administrative Coastal Development Permit CDP 2017-0056 for two (2) years from March 6, 2020, to March 6, 2022, based on the following findings and conditions. Findings: 1. All the findings contained in City Planner approval letter dated March 6, 2018, are incorporated herein by reference and remain in effect excepting: 1) finding 3 is revised to reflect that the project requires 13 parking spaces and the applicant has been conditioned to pay into the parking in-lieu fee program for five additional parking spaces that are not provided within the existing on-site parking lot; and 2) all references to "Carlsbad Village Master Plan and Design Manual" are superseded and replaced with "Carlsbad Village and Barrio Master Plan." 2. That the first two-year extension (from March 6, 2020, to March 6, 2022) is appropriate because the owner/applicant is diligently pursuing finalizing all necessary permits, the project is still consistent with the Carlsbad Village and Barrio Master Plan, and the extension would allow the owner/applicant to preserve existing property entitlements while satisfying the conditions for an addition and exterior remodel to an existing two-story building (RP 2017-0011/CDP 2017-0056) located at 3045 Roosevelt Street. Community Development Department Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-73141760-602-4600 I 760-602-8560 f I www.carlsbadca.gov RP 2017-0011/CDP 2017-0056 (DEV2017-0084) -ROOSEVELT STREET CAFE 1 sr EXTENSION ~:~~e;ber 18, 20203d 11 3. That the first extension of Administrative Review Permit RP 2017-0011 and Administrative Coastal Development Permit CDP 2017-0056 remains consistent with the General Plan, Carlsbad Village and Barrio Master Plan, Local Coastal Program, all titles of the Carlsbad Municipal Code and growth management program policies and standards in place at the time of their extension. 4. That circumstances have not substantially changed since Administrative Review Permit RP 2017-0011 and Administrative Coastal Development Permit CDP 2017-0056 were originally approved excepting that the parking requirements of the Village & Barrio Master Plan are less than the prior Carlsbad Village Master Plan and Design Manual resulting in a decrease in the required number of in-lieu parking spaces from ten (10) spaces to five (5) spaces. 5. That the City Planner has determined that the project belongs to a class. of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Infill Development Projects-Section 15332 of the state CEQA Guidelines. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. Conditions: NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit or building permit, whichever occurs first. 1. 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 first extension of A.dmlnistrative Review Permit RP 2017-0011 and Administrative Coastal Development Permit CDP 2017-0056. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the first extension of Administrative Review Permit RP 2017-0011 and Admini.strative Coastal Development Permit CDP 2017-0056 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. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is RP 2017-0011/CDP 2017-0056 (DEV2017-0084) -ROOSEVELT STREET CAF~ 1sr EXTENSION September 18, 2020 Pa e 3 determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. 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 first extension of Administrative Review Permit RP 2017-0011 and Administrative Coastal Development Permit CDP 2017-0056, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, 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. This obligation survives until all legal proceedings have been concluded and continues even if the city's approval is not validated. 6. The first extension of Administrative Review Permit RP 2017-0011 and Administrative Coastal Development Permit CDP 2017-0056 is retroactively granted for a period of two (2) years from March 6, 2020, to March 6, 2022. 7. All conditions contained in City Planner approval letter dated March 6, 2018 apply to this extension and are incorporated herein by reference and remain in effect, except that Condition No. 12 is superseded by Condition No. 6 above and Condition No. 11 ls superseded by Condition No. 8 below. 8. Prior to issuance of building permits, the property owner shall enter into a Parking In-lieu Fee Participation Agreement and pay the established Parking In-Lieu Fee for five (5) parking spaces. The fee shall be the sum total of the fee per parking space in effect at the time of the building permit issuance times the number of parking spaces needed to satisfy the project's parking requirement (5 spaces total). CITY OF CARLSBAD DON NEU, AICP City Planner DN:CJ:mf c: Teri Delcamp, Principal Planner Cliff Jones, Project Planner Kyrenne Chua, Project Engineer Data Entry/HPRM File Copy