HomeMy WebLinkAbout2011-10-25; City Council; Resolution 2011-2551 CITY COUNCIL RESOLUTION NO. 2011-255
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, APPROVING COASTAL
DEVELOPMENT PERMIT CDP 11-12 PERMITTING A
4 CONVERSION OF RETAIL SPACE TO A RESTAURANT USE
5 (CATCH) WITH A STANDARDS MODIFICATION TO OPERATE
A VALET PARKING PROGRAM TO SATISFY THE ON-SITE
6 PARKING REQUIREMENT FOR PROPERTY GENERALLY
LOCATED AT 660 CARLSBAD VILLAGE DRIVE IN LAND USE
7 DISTRICT 1 OF THE VILLAGE REVIEW ZONE IN LOCAL
FACILITIES MANAGEMENT ZONE 1.
8 CASE NAME: CATCH RESTAURANT
9 CASE NO.: CDP 11-14
10 WHEREAS, Mayur Pavagadhi, "Applicant," has filed a verified application
with the City of Carlsbad regarding property owned by Parker Family Trust, "Owner,"
12 described as Assessor Parcel Numbers 203-304-26 and 203-304-31; and
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WHEREAS, said verified application constitutes a request for approval of a valet
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parking program as a standards modification to meet the on-site parking requirements for
16 conversion of retail space to a full service restaurant through approval of a Major Review Permit
17 and Coastal Development Permit CDP 11-12, and as shown on full size Exhibits "A" - "C"
1 8 dated October 25, 2011, on file in the Housing and Neighborhood Services Department, CDP
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11-12 - CATCH RESTAURANT, as provided by Chapter 21.35.080 and 21.81.090 of the
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Carlsbad Municipal Code; and
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22 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the
23 City of Carlsbad as follows:
24 A) That the foregoing recitations are true and correct.
25 B) That based on the evidence presented at the public hearing, the City Council
26 APPROVES CDP 11-12 - CATCH RESTAURANT, based on the following
findings and subject to the following conditions:
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2 Findings:
3 1. That the proposed development is in conformance with the Carlsbad Village Master
Plan and Design Manual, which serves as the Certified Local Coastal Program for the
4 City of Carlsbad Village Segment of the California Coastal Zone and all applicable
policies in that the development does not obstruct views or otherwise damage the
visual beauty of the coastal zone, and no agricultural activities, sensitive resources,
5 geological instability exist on the site.
7 2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the site is not located adjacent to the shore. Therefore, the
development will not interfere with the public's right to physical access to the sea
and the site is not suited for water-oriented recreation activities.
3. 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
11 City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard
Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff
12 Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil
erosion. No steep slopes or native vegetation is located on the subject property and the
site is not located in an area prone to landslides, or susceptible to accelerated erosion,
14 floods, or liquefaction.
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Conditions:
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1 _ Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
building permits.
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1. If any of the following conditions fail to occur; or if they are, by their terms, to be
19 implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained over time, if any 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
22 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 Coastal Development Permit.
25 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Coastal Development Permit documents, as necessary to make
26 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.
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CC RESO NO. -2- \
3. The Developer shall comply with all applicable provisions of federal, state, and local laws
2 and regulations in effect at the time of building permit issuance.
3 4. The Developer shall submit to the Housing and Neighborhood Services Department a
reproducible 24" x 36", mylar copy of the Coastal Development Permit reflecting the
conditions approved by the final decision making body.
5. This approval is granted subject to the approval of RP 11-14, and is subject to all
6 conditions contained in City Council Resolution No. 2011-254 for those other approvals
incorporated herein by reference.
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6. Approval is granted for Coastal Development Permit CDP 11-12 as shown on Exhibits
A"-"C", dated October 25, 2011, on file in the Housing and Neighborhood Services
9 Department and incorporated herein by reference. Development shall occur
substantially as shown unless otherwise noted in these conditions.
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CCRESONO. -3-10
1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
2 of the City of Carlsbad on the 25th day of October, 2011, by the following vote to wit:
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AYES: Council Members Hall, Blackburn, Douglas.
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5 NOES: None.
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ABSENT: Council Member Kulchin and Packard.
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MATTHrALL, Mayor
12 ATTEST:
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LORRAINE M. WOOD, Cityjjfrerk/
16 (SEAL)
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