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HomeMy WebLinkAbout2013-07-17; Planning Commission; Resolution 7001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR REVIEW PERMIT RP 12-31 TO ALLOW FOR THE DEMOLITION OF ALL EXISTING STRUCTURES ON SITE AND THE CONSTRUCTION OF A 6,637 GROSS SQUARE FOOT RESTAURANT WITH A MICROBREWERY ON PROPERTY GENERALLY LOCATED AT 3056 CARLSBAD BOULEVARD IN LAND USE DISTRICT 9 OF THE VILLAGE REVIEW ZONE AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: BLUEWATER CASE NO.: RP 12-31 WHEREAS, Buck Thompson, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Blue Family Trust, “Owner,” described as Those Portions of Tract 100 of Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1661, filed in the Office of the County Recorder of San Diego, March 1, 1915 (“the Property”); and WHEREAS, said verified application constitutes a request for a Major Review Permit as shown on Exhibits “A” – “N” dated July 17, 2013, on file in the Planning Division, RP 12-31 as provided by Chapter 21.35.080 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on July 17, 2013 , hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Major Review Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. PLANNING COMMISSION RESOLUTION NO. 7001 PC RESO NO. 7001 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B) That based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS APPROVAL of BLUEWATER – RP 12-31 based on the following findings and subject to the following conditions: Findings: 1. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City’s General Plan, based on the facts set forth in the staff report dated July 17, 2013 including, but not limited to the following: a. The proposed project is consistent with the goals for the Village, as outlined within the General Plan, because it provides a restaurant and microbrewery use in an appropriate location (Tourism Support Area Land Use District No. 9) within the Village. This in turn serves to enhance the area as a tourist district by providing additional dining and employment opportunities. By providing more commercial opportunities, the project helps to create a lively, interesting social environment, which offers the necessary customer base to attract complementary uses. The project reinforces the pedestrian-orientation desired for the downtown area by providing the residents and tourists an opportunity to walk to restaurants and mass transit functions. The projects proximity to existing bus routes and mass transit will help to further the goal of providing new economic development near transportation corridors. Furthermore, the project will provide a strong street presence with extensive architectural relief, landscaping and visually subordinate parking. Overall, the new restaurant and microbrewery will enhance the Village as a place for living, visiting, and working. b. The existing streets can accommodate the estimated 350 ADTs, and all required public right-of-way has been, or will be dedicated, and has been, or will be improved to serve the development. The pedestrian access and circulation have been designed in relationship to the land use and available parking. Public facilities have been, or will be constructed to serve the proposed project. The project has been conditioned to develop and implement a program of “best management practices” for the elimination and reduction of pollutants which enter into and/or are transported within storm drainage facilities. c. The proposed project will not have an adverse impact on any open space within the surrounding area. As noted in the staff report, the project is consistent with the Open Space requirements for new development within the Village Area and the City’s Landscape Manual. 2. That the project is consistent with the Village Review Zone and the Village Master Plan and Design Manual in that a restaurant is a permitted use and a microbrewery is an accessory use within District 9 of the Village Review Zone. Furthermore, the project is consistent with the Village Master Plan and Design Manual in that the proposed project assists in satisfying the goals and objectives set forth for the Village through the following actions: it establishes Carlsbad Village as a quality shopping, working and living environment by providing a tourist serving use that will provide employment opportunities; and stimulates property improvements and new PC RESO NO. 7001 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 development in the Village by constructing a new building in an area with dated buildings; and improves the physical appearance of the Village by developing an underutilized lot with an attractive commercial building. 3. The Planning Commission recommends approval to grant the standards modification for a side yard setback reduction from five (5) feet to one and half (1.5) feet based upon the following finding: a. The proposed project assists the Council in meeting the goals and objectives set forth within the Village Master Plan and Design Manual by providing a tourist serving use in Land Use District 9 of the Village Review zone. This will allow patrons of the nearby lodging, beachgoers, and residents of the Village and beach community to be within walking distance of dining with ocean views. The redevelopment of this site will better utilize the site at a prime location with an attractively designed building. This will assist spurring additional development or improvements to properties nearby. Signage is not proposed at this time for the project; however, all signage shall be consistent with the Village Master Plan which allows for different sign types to meet the needs of businesses. 4. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, a. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. b. All necessary public improvements have been provided or are required as conditions of approval. 5. That the project is consistent with the City’s Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 6. The Planning Commission has reviewed each of the exactions imposed on the developer contained in this resolution, 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. 7. 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 preparation of environmental documents pursuant to Section 15332 of the State CEQA Guidelines as an infill development project. 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. PC RESO NO. 7001 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a grading permit. 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 Major Review Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Major Review Permit 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 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 Major Review Permit, (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. Developer shall submit to the Planning Division a reproducible 24” x 36” mylar copy of the Site Plan reflecting the conditions approved by the final decision-making body. . . . PC RESO NO. 7001 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing format (including any applicable Coastal Commission approvals). 8. This project shall comply with all conditions and mitigation measures which are 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. 9. This approval is granted subject to the approval of CDP 12-28 and CUP 13-04 and is subject to all conditions contained in Planning Commission Resolutions No. 7002, 7003, and 7004 for those other approvals incorporated herein by reference. 10. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 11. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 12. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 13. 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 Major Review Permit/Coastal Development Permit/Conditional Use Permit by Resolutions No. 7001, 7002, 7003, and 7004 on the property. 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. 14. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner of an Outdoor Storage Plan, and thereafter comply with the approved plan. 15. Developer shall submit and obtain City Planner approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. PC RESO NO. 7001 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16. The use of the first floor and second floor outdoor dining areas shall cease daily at 11:00 p.m. Sunday through Thursday and 12:00 p.m. Friday and Saturday. 17. Deliveries to and from the restaurant and microbrewery shall only occur between the hours of 8:00 a.m. and noon seven days a week. Engineering 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 grading or building permit whichever occurs first. General 18. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. 19. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the district engineer has determined that adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. 20. Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy of the Site Plan, conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final decision making body. The reproducible shall be submitted to the city planner, reviewed and, if acceptable, signed by the city's project engineer and project planner prior to submittal of the building plans, improvement plans, or grading plans, whichever occurs first. Fees/Agreements 21. Prior to approval of Improvement Plans, Grading Plans or Final Map, developer shall submit to the city engineer written approval from North County Transit District (NCTD) demonstrating mass-transit improvement requirements for this project have been satisfied. 22. Developer shall cause property owner to execute and submit to the city engineer for recordation the city’s standard form Drainage Hold Harmless Agreement. 23. Developer shall cause property owner to process, execute and submit an executed copy to the city engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement for the perpetual maintenance of all treatment control, applicable site design and source control, post-construction permanent Best Management Practices prior to the issuance of a grading permit or building permit, whichever occurs first for this project. . . . . . . PC RESO NO. 7001 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 24. Prior to approval of any grading or building permits for this project, developer shall cause owner to give written consent to the city engineer for the annexation of the area shown within the boundaries of the site plan into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the city engineer. Grading 25. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports, for city engineer review, and shall pay all applicable grading plan review fees per the city’s latest fee schedule. 26. Developer shall apply for and obtain a grading permit from the city engineer. Developer shall pay all applicable grading permit fees per the city’s latest fee schedule and shall post security per City Code requirements. 27. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 28. Prior to the issuance of a grading permit, developer shall submit to the city engineer receipt of a Notice of Intent from the State Water Resources Control Board. 29. Prior to the issuance of grading permit or building permit, whichever occurs first, developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and provisions established by the San Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff during construction of the project to the maximum extent practicable. Developer shall pay all applicable SWPPP plan review and inspection fees per the city’s latest fee schedule. 30. This project is subject to ‘Priority Development Project’ requirements. Developer shall prepare and process a Storm Water Management Plan (SWMP) that demonstrates how this project meets storm water requirements in effect at the time of SWMP review and approval per the city’s Standard Urban Storm Water Management Plan (SUSMP). The project shall incorporate treatment control BMP selection criteria in the SUSMP, low impact development (site design) approaches to ensure that runoff from impervious areas (roofs, pavement, etc) are drained through landscaped (pervious) areas prior to discharge and required hydromodification (runoff reduction) requirements. Developer shall demonstrate compliance with storm water requirements to the satisfaction of the city engineer and pay all applicable SWMP plan review and inspection fees per the city’s latest fee schedule. PC RESO NO. 7001 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans and building plans) incorporate all source control, site design, treatment control BMP, applicable hydromodification measures, and Low Impact Design (LID) facilities. Dedications/Improvements 32. Developer shall design all proposed public improvements including but not limited to sewer laterals, pedestrian ramps, driveways, sidewalk, water services/meter and curb drains) as shown on the site plan. These improvements shall be shown as a Construction Revision to existing record public improvement drawing DWG 139-6. Developer shall pay plan check and inspection fees using improvement valuations in accordance with the city’s current fee schedule. Developer shall apply for and obtain a right-of-way permit prior to performing work in the city right-of-way. 33. Prior to occupancy, developer shall install a six inch diameter sewer service to serve this project. Sewer service location shall be to the satisfaction of the city engineer. 34. Developer shall design, and obtain approval from the city engineer, the structural section for the access aisle with a traffic index of 5.0 in accordance with city standards due to truck access through the parking area. Prior to completion of grading, the final structural pavement design of the aisle way shall be submitted together with required R-value soil test information subject to the review and approval of the city engineer. Utilities 35. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 36. Developer shall install potable water service and meter at location approved by the district engineer. The locations of said service shall be reflected on public improvement plan DWG 139-6. 37. The developer shall install 6” sewer lateral and clean-outs at locations approved by the city engineer. The locations of sewer lateral shall be reflected on public improvement plan DWG 139-6. Code Reminders: The project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements. Fees 38. The developer shall pay a landscape plan check and inspection fee as required by Section 20.080.050 of the Carlsbad Municipal Code. PC RESO NO. 7001 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 39. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. 40. 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. General 41. 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 the time of building permit issuance, except as otherwise specifically provided herein. 42. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 43. Any signs proposed for this development shall at a minimum be designed in conformance with the approved plans and the sign criteria contained in the Village Master Plan and Design Manual and shall require review and approval of the City Planner and issuance of a sign permit prior to installation of such signs. 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 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. . . . . . . . . .