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Home My WebLink AboutRP 2018-0006; JEUNE ET JOLIE; Admin Decision Letter' . ,,r ' , 6 June 12, 2018 John Resnick ~\eJ (=, • 1 '3· \~ 8FILE COPY {""city of Carlsbad 220 E. Glaucus Street Encinitas, CA 92024 SUBJECT: RP 2018-0006 (DEV2018-0037) -JEUNE ET JOLIE -Request for approval of an Administrative Review Permit (RP 2018-0006) to allow for the conversion of 2,034 square feet of building space to restaurant space and a 383 square foot patio addition for outdoor dining located at 2659_ State Street, in District 1 of the Village Review Zone and Local Facilities Management Zone 1. Dear Mr. Resnick, The City Planner has completed a review of your application for an Administrative Review Permit (RP 2018-0001) to allow for the conversion of 21034 square feet of building space to restaurant space and a 383 square foot patio addition for outdoor dining located at 2659 State Street. A notice was sent to property owners within a 300-foot radius of the subject property requesting comments regarding the above proposal. No comments were received within the ten day notice period (ending on June 11, 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 total cost of the propos~d development is less than $60,000. 2. 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 permitted use in Land Use District 1, provides a resident-and visitor-serving use, and complements the existing retail, financial, and tourist uses in the immediate vicinity. 3. 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 2,034 square feet of building space to restaurant space is provided to the extent that is feasible on-site. A total of 8 parking spaces are provided on-site, which can accommodate the restaurant given the location of the existing b.uilding and the other uses occupying the building. 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 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 2018-0006 (DEV2018-0037)-JEUNE ET JOLIE. June 12, 2018 Page 2 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. 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 RP 2018-0006 as shown on Exhibits "A" -"F" dated June 12, 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 2018-0006 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. 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. RP 2018-0006 (DEV2018-0037)-JEUNE ET JOLIE June 12, 2018 Page 3 Engineering: 6. 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, Code Reminders: 7. 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. 8. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 9. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 10. 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. RP 2018-0006 (DEV2018-0037)-JEUNE ET JOLIE June 12, 2018 Page 4 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, res~rvations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from the date of final app,roval 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 FUR:HER 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 withih 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, TERI DELCAMP Principal Planner TD:PD:dh c: Brendan Foote, 2659 State Partners LLC, 376 Via Linda Del Sure, Encinitas, CA 92024 Kyrenne Chua, Assistant Engineer Don Neu, City Planner File Copy Data Entry