HomeMy WebLinkAbout1995-03-01; Design Review Board; Resolution 2211
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DESIGN REVIEW BOARD RESOLUTION NO. 221
A RESOLUTION OF THE DESIGN REVDEW BOARD OF THE
CITY OF CARLSBAD, CALIFORNIA RECOMMENDING
APPROVAL OF A MAJOR REDEVELOPMENT PERMIT TO
ALLOW A LAND USE CHANGE FROM A RETAIL BAKERY TO
A RESTAURANT/MICROBREWRY ON PROPERTY LOCATED
ON THE SOUTHWEST CORNER OF ROOSEVELT STREET AND
CARLSBAD VILLAGE DRIVE.
CASE NAME: CARLSBAD VILLAGE BREWERY AND PUBLIC
HOUSE APN: 203-306-02, 12
CASE NO: RP 94-07
WHEREAS, a verified application has been filed with the City of
Carlsbad and referred to the Design Review Board; and
WHEREAS, said verified application constitutes a request as provided by
Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Design
Review Board, on the 1st day of March, 1995, did hold a duly noticed public hearing to
consider said application on property described as:
The northeasterly 80 feet of lots 17 thru 19 in Block 33 and all of lots 20,
21, 22 in Block 33 of City of Carlsbad, County of San Diego, State of
California, according to Map Nos. 775 and 535, filed in the Office of the
County Recorder February 15, 1894 and May 2, 1888, respectively.
WHEREAS, at said public hearing upon hearing and considering all
testimony and arguments, if any, of all persons desiring to be heard, said Design Review
Board considered all factors relating to Major Redevelopment Permit 94-07.
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design
Review Board as follows:
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DRB Resolution No. 221
Page 2
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1. That the foregoing recitations are true and correct.
2. That based on the evidence presented at the public hearing, the
Design Review Board hereby recommends APPROVAL of a
Major Redevelopment Permit, RP 94-07, based on the following
findings and subject to the following conditions:
FINDINGS:
1. The Design Review Board finds that the environmental effects of the
subject project have already been considered in conjunction with
previously certified environmental document for the Village
Redevelopment Plan. An Environmental Impact Review (EIR) document
for the Redevelopment Plan was completed and certified in 1979. The EIR
for the Redevelopment Plan considered all potential impacts of the
policies, procedures and land uses proposed within the Redevelopment
Plan and outlined appropriate mitigation measures to address any
anticipated adverse impacts. The proposed project has been developed
pursuant to, and is consistent with, the Village Redevelopment Plan and
any applicable mitigation measures outlined within the EIR for this Plan.
No new circumstances, as set forth in the California Environmental
Quality Act Sections 15162 or 15163, have been identified which would
require a subsequent Environmental Impact Review (EIR) for the subject
project or a supplement to the certified EIR for the Redevelopment Plan.
No additional environmental review or documents are required for this
project nor Public Resources Code 21081 findings are required.
2. The project is consistent with the goals and objectives of the various
elements of the General Plan because it creates a distinct identity for the
Village Redevelopment Area by encouraging activities that traditionally
locate in a pedestrian-oriented downtown area, including offices,
restaurants and specialty retail shops. The project will also protect,
preserve and enhance a structure with local historical significance within
the Village Redevelopment Area.
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DRl3 Resolution No.=
Page 3
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A key implementing policy and action program for the Village, as outlined
within the Carlsbad General Plan, is to provide a variety of commercial
and tourist recreational activities in connection with special entertainment
facilities, restaurants and other uses which will foster a community
concept. In addition to providing a new commercial use to add to the
variety in the Village, the project will offer a special entertainment
opportunity that will foster the desired community concept because local
musicians and artists will be invited to "showcase" their talents within the
business establishment.
By inclusion of appropriate conditions on the project, the Design Review
Board is satisfied that the requirements of the Public Facilities Element of
the General Plan has been met insofar as they apply to sewer service for
this project. Building permits will not be issued for the project unless the
City Engineer determines that sewer service is available and remains
available for the project. In addition, all necessary public improvements
have been provided or will be required within the conditions of approval.
The applicant has also agreed and is required to pay a public facilities fee
to ensure the adequate provisions of public facilities.
The project is consistent with the City's Growth Management Ordinance
as it has been conditioned to comply with any requirement approved as
part of the Local facilities Managmeent Plan for Zone 1. The applicant is
by condition, required to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any
additional requirements established by the Local Facilities Management
Plan prepared for Zone 1 pursuant to Chapter 21.90 of the Carlsbad
Municipal Code. This will ensure continued availability of public facilities
and will mitigate any cumulative impacts created by the project.
The project is consistent with the Carlsbad Village Area Redevelopment
Plan and the Village Design Manual because it will provide a permitted
and encouraged use within Subarea 1 of the Village Redevelopment
Project Area. The uses allowed in this area are the same as those allowed
within the C-1, C-2 and R-P zones with a bona fide restaurant permitted
by right. The project is located with the "special treatment area - Carlsbad
Village Drive" for Subarea 1. Therefore, special attention has been
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DRB Resolution No. 221
Page 4
given to circulat,an for the project and design features. The project
provides for improved parking and circulation on-site and will eliminate
a current "eyesore" or "blighting condition" through renovation of the
exterior of the existing building and occupation of a vacant building with
local historical significance.
6. By inclusion of appropriate conditions on the project, the use complies
with the requirements for the on-premises sale of liquor within a bona fide
public eating place because the project has specifically designated parking
spaces that are sufficient for the use; traffic flow on public streets or in
parking areas will not cause congestion or be detrimental to other nearby
neighborhood commercial uses; and, all measures have been taken to
insure compatibility with the use to the surrounding neighborhood.
7. By inclusion of appropriate conditions on the project and consistent with
the Carlsbad Parking Ordinance, the Design Review Board finds that
adequate off-street parking will be provided for the project. The Board has
determined that the restaurant space within the building shall be parked at
a 1: 100 square foot ratio and that the microbrewery space shall be parked
at a 1:300 square foot ratio which is comparable to the parking
requirement for a neighborhood commercialhetail establishment within
Subarea 1 of the Village Redevelopment Area.
8. The project is in accordance with the applicable provisions of the Carlsbad
Municipal Code as demonstrated by the processing of the appropriate
discretionary permits, maintenance of compatibility with surrounding land
uses, and the provision of adequate parking and landscaping.
GENERAL AND PLANNING CONDITIONS:
1. Approval is granted for RP 94-07, as shown on Exhibits "A" - "G", dated
January 10, 1995, incorporated by reference and on file in the Housing
and Redevelopment Department. Development shall occur substantially as
shown unless otherwise noted in these conditions, and approved by the
Housing and Redevelopment Director or City Engineer.
2. The applicant/developer shall provide the City with a reproducible 24" X
36", mylar copy of the site plan as approved by the Housing and
Redevelopment Commission. The site plan shall reflect the conditions of
approval by the City. The plan copy shall be submitted to the Housing and
Redevelopment Director and approved prior to building permit approval. ....
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DRB Resolution NO.~
Page 5
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This project is approved upon the express condition that building permits
will not be issued for development on the subject property unless the
District Engineer determines that sewer facilities are available at the time
of application for such sewer permits and will continue to be available
until time of occupancy.
This project is also approved under the express condition that the applicant
pay the public facilities fee adopted by the City Council on July 28, 1987
(amended July 2, 1991) and as amended from time to time, and any
development fees established by the City Council pursuant to Chapter
21.90 of the Carlsbad Municipal Code or other ordinance adopted to
implement a growth management system of facilities and improvement
plan and to fulfill the subdivider’s agreement to pay the public facilities
fee dated November 9, 1994, a copy of which is on file with the City
Clerk and is incorporated by this reference. If the fees are not paid, this
application will not be consistent with the General Plan and approval for
this project will be void.
The project shall comply with all conditions and mitigation measures
which may be required as part of the Zone 1 Local Facilities Management
Plan and any amendments made to that Plan prior to the issuance of
building permits for this project.
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 determined to be invalid, this approval shall be invalid unless
the Housing and Redevelopment Commission determines that the project
without the condition complies with all requirements of the law.
Approval of this request shall not excuse compliance with all sections of
the Zoning Ordinance and all other applicable City ordinances in effect at
time of building permit issuance.
This approval shall become null and void if building permits are not
issued for this project within 18 months from the date of project approval.
Approval of FW 94-07 is granted subject to the approval of CDP 94-08.
The project shall comply with the latest non-residential disabled access
requirements pursuant to Title 24 of the State Building Code.
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DRE3 Resolution No. 221
Page 6
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Trash receptacle areas shall be enclosed by a six-foot high masonry wall
with gates pursuant to city standards. Location of said receptacles shall be
approved by the Housing and Redevelopment Director. The enclosure
shall be of similar colors and/or materials to the project to the satisfaction
of the Housing and Redevelopment Director.
All roof appurtenances, including air conditioners, shall be architecturally
integrated and concealed from view and the sound buffered from adjacent
properties and streets, in substance as provided in Building Department
Policy No. 80-6, to the satisfaction of the Housing and Redevelopment
and Building Directors.
The project is classified as a bona fide public eating establishment. In
order to be classified as such, and maintain this classification, the
establishment which engages in the sale of beer, wine or distilled spirits
for consumption on the premises shall meet the following requirements:
Be designed and operated in such a way that the sale of alcoholic
beverages is incidental to the primary restaurant operation;
On any day the restaurant is open to the public for business and
engaged in the incidental sale of alcoholic beverages, restaurant
services shall be available to the public for the evening meal for
a period of not less than five hours, or for not less than four
hours, if the morning or noon meal is also served to the public for
a period of not less than two hours.
Restaurant service shall include, but not be limited to, an offering
of a varied menu of foods or not less than five main courses with
appropriate non-alcoholic beverages, desserts, salads, and other
attendant dishes;
The sale of any food prepared for consumption off the premises
shall be occasional only and clearly incidental and subordinate to
the on-premises restaurant operation;
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DRB Resolution No. 221
Page 7
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No more than twenty-five percent (25 %) of the interior area of the
restaurant shall be designed, arranged or devoted to a use
commonly associated with a bar or other establishment primarily
engaged in the on-premise sale of alcoholic beverages. The interior
area shall include only those portions of the establishment devoted
to regular use by the public;
A minimum of twenty percent (20%) of the gross floor area of the
establishment shall be used solely for food storage, preparation,
maintenance and storage of eating utensils, dishes and glassware
and shall include refrigeration, cooking, warming arid dishwashing
equipment, and any other equipment necessary for a fully equipped
restaurant kitchen;
During the above specified minimum hours for restaurant services,
there shall be not less than one employee per two hundred and
fifty square feet of floor area devoted to food service use. Said
employees shall be on the job during the specified minimum hours
for the restaurant service as described in subsection (b) of this
condition.
Failure to meet the requirements of these subsections relating to
the definition of bona fide public eating establishment (CMC
21.04.056) results in a land use classification of bar or cocktail
lounge (CMC 21.04.041).
An exterior lighting plan including parking areas shall be submitted for
approval by the Housing and Redevelopment Director. All lighting shall
be designed to reflect downward and avoid any impacts on adjacent homes
or property.
No outdoor storage of material shall occur onsite unless required by the
Fire Chief. In such instance, a storage plan will be submitted for approval
by the Fire Chief and the Housing and Redevelopment Director.
The applicant shall prepare a detailed landscape and irrigation plan which
shall be submitted to and approved by the Housing and Redevelopment
Director prior to approval of grading or building plans, whichever occurs
first.
All landscaped areas shall be maintained in a healthy and thriving
condition, free from weeds, trash and debris.
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DRB Resolution No. 221
Page 8
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All landscape and irrigation plans shall be prepared to conform with the
City’s Landscape Manual and submitted per the landscape plan check
procedures on file in the Planning Department.
The applicant shall pay a landscape plan check and inspection fee as
required by Section 10.08.050 of the Carlsbad Municipal Code.
The first submittal of landscape and irrigation plans shall include building
plans.
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 Housing and Redevelopment Director prior to
installation of such signs.
Building identification and/or addresses shall be placed on the existing
building so as to be plainly visible from the street or access road; color
of identification and/or addresses shall contrast to their background color.
If a non-residential housing impact fee (or linkage fee) is established by
the City Council by Ordinance or resolution and this project becomes
subject to the fee, then the applicant for this project, or successor(s) in
interest, shall pay the linkage fee. If the project is subject to the fee, the
linkage fee shall be paid at the time of issuance of building permits. If
linkage fees are required for this project, and they are not paid, this
project will not be consistent with the General Plan and approval for this
project will become null and void.
The off-street parking requirement for the project shall be forty-one $1)
spaces total. This requirement was established based on the fact that
thirty-eight hundred (3800) square of gross floor space will be provided
for the restaurant and related operations and seven hundred twelve (712)
square feet of gross floor space will be provided for the microbrewery use
within the building. A mixed ratio (restauranthetail) parking requirement
was applied to the project. This parking shall be applicable to the project
and must be satisfied for the entire period in which a restaurant/micro-
brewery is operated on the site. The project shall provide a total of thirty-
four (34) spaces on-site and seven (7) spaces within an off-street parking
lot to be located within three hundred (300) feet of the project site.
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DRB Resolution No.=
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To satisfy the off-street parking requirement as outlined in condition no.
24 above, the applicant shall enter into a parking sublease agreement with
the Carlsbad Redevelopment Agency prior to the Building Department
issuing a Certificate of Occupancy for the building. If for any reason, the
Carlsbad Redevelopment Agency is unable to initially sublease, or
continue to sublease, parking spaces to the applicant to satisfy the off-
street parking requirement for the project, the applicant shall be required
to locate additional off-street parking within three hundred (300) feet of
the site and guarantee its permanent availability and maintenance through
an irrevocable agreement for the complete term of restaurant/
microbrewery operations at the project site.
This redevelopment permit requires amendment if the microbrewery
portion of the restaurant is removed from the building. The amendment
may result in an additional parking requirement for any change in the
operations of this or any future restaurant project on the site.
If a Parking In-Lieu Fee program is established by the Carlsbad Housing
and Redevelopment Commission for the Village Redevelopment Area and
the subject project is eligible to participate in the program, the Applicant
shall pay the applicable parking in-lieu fee as established by the City
Council and/or Housing and Redevelopment to satisfy the off-street
parking requirement, or continue to lease parking spaces for the duration
of the project. No amendment to this redevelopment permit will be
required to implement either of these options for satisfying the off-street
parking requirements for the project.
No dancing shall be permitted on the premises of the subject project.
Entertainment within the building shall be permitted. There shall be no
entertainment provided outside the building and there shall be no audible
music or noise emitting from the premises which would disturb the
neighboring tenants or property owners.
With the exception of doors onto the patio, rear and side doors of the
premises shall remain closed at all times during business hours, except for
loading and unloading of supplies.
There shall be no more than two (2) pool tables and no more than four (4)
game machines on the premises at any time.
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DRB Resolution N0.U
Page 10
32. The applicant shall obtain an Alcohol Beverage Control (ABC) license and
maintain the license in good standing at all times for continued operation
of the bar and microbrewery.
ENGINEERING CONDITIONS
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Unless a standards variance has been issued, no variance from City
standards is authorized by virtue of approval of this site plan.
The applicant shall comply with all the rules, regulations and design
requirements of the respective sewer and water agencies regarding
services to the project.
The applicant shall be responsible for coordination with San Diego Gas
and Electric, Pacific Bell Telephone, and Cable TV authorities.
Prior to building permit issuance, the applicant shall pay all current fees
and deposits required.
The applicant shall comply with the City’s requirements of the National
Pollutant Discharge Elimination System (NPDES) permit. The applicant
shall provide best management practices to reduce surface pollutants to an
acceptable level prior to discharge to sensitive areas. Plans for such
improvements shall be approved by the City Engineer prior to issuance of
a building permit for the project.
Prior to hauling dirt or construction materials to or from any proposed
construction site within this project, the applicant shall submit to and
receive approval from the City Engineer for the proposed haul route. The
applicant shall comply with all conditions and requirements the City
Engineer may impose with regards to the hauling operation.
Plans, specifications, and supporting documents for all public
improvements shall be prepared to the satisfaction of the City Engineer.
Prior to issuance of a building permit in accordance with City Standards,
the applicant shall install, or agree to install and secure with appropriate
security as provided by law, improvements shown on the site plans and
the following improvements:
(a) Removal of the existing driveway apron on Carlsbad Village Drive
and replacement with sidewalk to match the existing sidewalk
improiements .
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DRB Resolution NO.^
Page 11
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(b) Removal of the two existing driveways on Roosevelt Street and
replacement with sidewalk.
(c) Installation of a new driveway apron on Roosevelt Street.
CARLSBAD MUNICIPAL WATER DISTRICT CONDITIONS:
40. The Developer shall be responsible for all fees, deposits and charges
which will be collected before and/or after the time of issuance of the
building permit. The San Diego County Water Authority capacity charge
will be collected at issuance of application for meter installation.
41. Sequentially, the Developer's Engineer shall do the following:
(a) Meet with the City Fire Marshall and establish the fire protection
requirements. Also, obtain G.P.M demand for domestic and
irrigational needs from appropriate parties.
(b) Prepare a colored reclaimed water use area map and submit to the
Planning Department for processing and approval.
(c) Prior to the preparation of sewer, water and reclaimed water
improvement plans, a meeting must be scheduled with the District
Engineer for review, comment and approval of the preliminary
system layouts and usages (i.e., GPM - EDU).
42. This project is approved upon the expressed condition that building
permits will not be issued for development of the subject property unless
the water district serving the development determines that adequate water
service and sewer facilities are available at the time of application for such
water service and sewer permits and will continue to be available until
time of occupancy.
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DRB Resolution NO.^
Page 12
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43. The Water District anticipates the installation of a minimum 6" fire
service to sprinkle the building and possible installation of a new water
service to meet minimum requirements. All new connections shall be
made off of Roosevelt Street.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Design Review Board of the City of Carlsbad, California, held on the 1st day of March,
1995 by the following vote to wit:
AYES: Noble, Welshons, Vessey, Marquez
NOES: None
ABSENT: Savary
ABSTAIN: None
BAILEY NO E, CHAIRPERSON
DESIGN &W BOARD
EVAN E. BECKER,
HOUSING AND REDEVELOPMENT DIRECTOR