HomeMy WebLinkAboutRP 2018-0001; CORDIANO WEST; Admin Decision Letter'
May 29, 2018
Gerardo Cordiano
15732 Highland Valley Road
Escondido, CA 92025
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8fllE COP't Ccityof
Carlsbad
SUBJECT: RP 2018-0001 (DEV2018-0009) -CORDIANO WEST-Request for approval of an
Administrative Review Permit (RP 2018-0001) to allow for the conversion of 3,067
(gross) square feet of building space to restaurant space located at 3135 Tyler Street, in
District 6 of the Village Review Zone and Local Facilities Management Zone 1.
Dear Mr. Cordiano,
The City Planner has completed a review of your application for an Administrative Review Permit (RP
2018-0001) to allow for the conversion of 3,067 (gross) square feet of existing building space to restaurant
space at 3135 Tyler Street. A notice was sent to property owners within a 300' radius of the subject
property requesting comments regarding the above request. No comments were received within the ten
day notice period (ending on May 24, 2018). After careful consideration of the circumstances surrounding
this request, the City Planner has determined that the five findings required for granting an Administrative
Review Permit can be made and therefore, APPROVES this request based on the following findings and
conditions.
Findings:
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 restaurant use, which is a
provisional use in Land Use District 6, provides a resident-and visitor-serving use, and
complements the existing commercial and industrial uses in the immediate vicinity.
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 parking for the
conversion of 3,067 (gross) square feet of building space to restaurant space is provided to the
extent that is feasible on-site. A total of 22 parking spaces are provided on-site, which can
accommodate the restaurant given the location of the existing building and the other uses
occupying the building. The restaurant will not have live entertainment and will not adversely
impact nearby residential uses because a restaurant with entertainment is not allowed in Land
Use District 6.
3. The total cost of the proposed development is less than $60,000.
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
RP 2018-0001 (DEV2018-0009) -CORDIANO WEST
May 29, 2018
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4. The City Planner has determined that. the project is exempt from the requirements of the
California Environmental Quality Act (CEQA) per Section 15301, Existing Facilities, of the State
CEQA Guidelines as the project involves the conversion of a 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.
5. Tl\e 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 RP 2018-0001 as shown on Exhibits "A" -"C" dated May 29, 2018 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 Administrative Review
Permit.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the RP 2018-0001 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 Administrative Review Permit, (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.
, -....
RP 2018-0001 (DEV2018-0009) -CORDIANO WEST
May 29, 2018
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5. Developer shall report, in writing, to the City Planner within 30 days, any address change from
that which is shown on the permit application.
6. 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.
7. Prior to the issuance of the building permit, Developer shall submit to the city a Notice of
Restriction executed by the owner of the real property to be developed. Said notice is 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(n) Review
Permit. 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.
8. Live entertainment licenses are prohibited for restaurants in Land Use District 6, and RP 2018-
0001 does not include approval to obtain such live entertainment license.
Engineering:
General
9. · The wood deck shall not be constructed over the existing water meter. The meter shall be
clear of obstructions, subject to the approval of the City Engineer.
10. The existing backflow preventer shall not be enclosed by the wood deck. The backflow
preventer shall be clear of obstructions, subject to the approval of the City Engineer.
11. As indicated by the title report from Ticer Title dated December 13'", 2017, APN 204-010-03
and APN 204-010-04 are one lot. As such, an ADA-compliant parking space will be required
that meets current federal accessibility standards.
Code Reminders:
9. 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.
10. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
RP 2018-0001 (DEV2018-0009) -CORDIANO WEST
May 29, 2018
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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 Municipal 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 $661.00. 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 Paul Dan at 760-602-4614.
Sincerely,
Te__·~
TERI DELCAMP
Principal Planner
TD:PD:dh
c: 3135-3181 Tyler Street LLC, 2948 Wintergreen Drive, CA 92111
Jennifer Horodyski, Assistant Engineer
Don Neu, City Planner
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Data Entry
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