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HomeMy WebLinkAbout2015-12-16; Planning Commission; Resolution 7135 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 A MAJOR REVIEW PERMIT AMENDMENT AND COASTAL DEVELOPMENT PERMIT AMENDMENT TO ADD 2,049 SQUARE FEET OF INTERIOR RESTAURANT SPACE AND A 1,202 SQUARE FOOT OUTDOOR DINING AREA TO AN EXISTING 3,346 SQUARE FOOT RESTAURANT AND PARTICIPATION IN THE PARKING IN-LIEU FEE PROGRAM FOR 21 PARKING SPACES. THE 0.19-ACRE PROJECT SITE IS ADDRESSED AS 417 CARLSBAD VILLAGE DRIVE, AND LOCATED WITHIN LAND USE DISTRICT 1, CARLSBAD VILLAGE CENTER, OF THE VILLAGE REVIEW (V-R) ZONE AND LOCAL FACILITIES MANAGEMENT ZONE 1. THE PROJECT QUALIFIES AS A CEQA GUIDELINES SECTION 15332 (IN-FILL DEVELOPMENT PROJECTS) CLASS 32 CATEGORICAL EXEMPTION. THIS PROJECT IS NOT LOCATED WITHIN THE APPEALABLE AREA OF THE CALIFORNIA COASTAL COMMISSION. CASE NAME: BLUEWATER GRILL CASE NO.: RP 92-10(A)/CDP 92-08(A) WHEREAS, Richard Staunton, “Developer” has filed a verified application with the City of Carlsbad regarding property owned by Butler Properties, LLC, “Owner,” described as Lot 1 of Subdivision of a portion of Tract 106 of Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 1710, filed in the Office of the County Recorder of said San Diego County, December 9, 1919. Also, a rectangular strip of land one foot wide and seventy-two feet long, being a portion of the Westerly side of Lot 2 of Subdivision of a portion of Tract 106 of Carlsbad Lands, according to Map thereof No. 1710, filed in the Office of the County Recorder of San Diego County, December 9, 1919, more particularly described as follows: Beginning at the intersection of the Easterly line of Lot 1 of said Subdivision with the Southerly line of Elm Street (also known as State Highway) and running along said Easterly line of said Lot 1 in a Southerly direction, 72 feet; thence at right angles in an Easterly direction, 1 foot; thence at right angles in a Northerly direction and parallel with said Easterly line of said Lot 1 to an intersection with said Southerly line of said Elm Street (also known as State Highway); thence in a Westerly direction along the Southerly line of said Elm Street to the Point of Beginning (“the Property”); and WHEREAS, said verified application constitutes a request for a Major Review Permit Amendment and Coastal Development Permit Amendment as shown on Exhibits “A – I” dated PLANNING COMMISSION RESOLUTION NO. 7135 PC RESO NO. 7135 -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 December 16, 2015, on file in the Planning Division, RP 92-10(A)/CDP 92-08(A) – BLUEWATER GRILL, as provided by Chapter 21.35 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on December 16, 2015, 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 Amendment and Coastal Development Permit Amendment. 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. B) That based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS APPROVAL of RP 92-10(A)/CDP 92-08(A) – BLUEWATER GRILL based on the following findings and subject to the following conditions: Findings: Major Review Permit Amendment, RP 92-10(A) 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 December 16, 2015, 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 an expansion and remodel of an existing restaurant use in an appropriate location (Carlsbad Village Center Land Use District No. 1) within the Village. This in turn serves to enhance the area as a core district that serves residents as well as tourists and regional visitors by providing additional dining and employment opportunities. By providing more enhanced 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 new residents and employees an opportunity to walk to restaurants and mass transit functions; its close proximity to existing bus routes and mass transit help to further the goal of providing new economic and residential development near transportation corridors; and lastly, will contribute to the lively and interesting social environment of the Village area in the form of a remodeled and expanded restaurant in the core of the Village. Furthermore, the project will provide a strong street presence by updating the appearance of the existing building as viewed along Carlsbad Village Drive. Overall, the remodeled and expanded restaurant will enhance the Village as a place for living, visiting, and working. PC RESO NO. 7135 -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 b. The existing streets can accommodate the estimated 528 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 public 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 District 1 of the Village Area and the City’s Landscape Manual. 2. The Developer/Property owner qualifies to participate in the Parking In-Lieu Fee Program and participation in the program will satisfy the parking requirements for the project. Justification for participation in the Parking In-Lieu Fee Program is contained in the following findings: a. The project is consistent with Village Review Master Plan and Design Manual in that the project assists in satisfying the goals and objectives through the following actions 1) the project stimulates property improvements and improves the physical appearance of the Village area by remodeling and expanding an existing restaurant which increase the intensity of development within the Village; 2) it establishes Carlsbad Village as a quality shopping, working and living environment by providing increased employment opportunities and by establishing a quality restaurant with expanded outdoor dining areas; b. The proposed use is consistent with the goals and objectives set forth for in Land Use District 1 of the Village Master Plan and Design Manual in that the mixed-use development not only provides a mutually supportive use in the form of an expanded restaurant, but reinforces the pedestrian-orientation desired for the downtown area by providing new residents and employees an opportunity to walk to local shopping, dining, recreation, and mass transit functions; furthermore, its close proximity to existing bus routes and mass transit help to further the goal of providing new economic and residential development near transportation corridors; and lastly, it will contribute to the revitalization of the Village area in the form of a remodeled and expanded restaurant in the core of the Village; c. Adequate parking is available within the Village to accommodate the project's parking demands in that based on the most recent parking study dated September 2014, the average occupancy for all public parking lots is 70%. This utilization ratio allows for continued implementation of the parking in-lieu fee program because it is less than the 85% threshold for maximum utilization set by the City Council; and d. The In-Lieu Fee Program has not been suspended or terminated by the City Council. Coastal Development Permit Amendment, CDP 92-08(A) 3. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the development consists of the remodel and expansion of an existing restaurant, which as discussed in the staff report, is consistent with the Carlsbad PC RESO NO. 7135 -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 Village Master Plan and Design Manual, that serves as the Certified Local Coastal Program for the City of Carlsbad Village Segment of the California Coastal Zone. The proposed restaurant remodel and expansion will not obstruct views of the coastline as seen from public lands or the public right-of-way, nor otherwise damage the visual beauty of the coastal zone. No agricultural uses currently exist on the site, nor are there any sensitive resources located on the property. Furthermore, the proposed project is not located in an area of known geologic instability or flood hazards. 4. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the property is not located adjacent to the shore and no opportunities for coastal access are available from the subject site, nor are public recreation areas required of the project. 5. 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 City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff 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, floods, or liquefaction. California Environmental Quality Act: 6. 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. General 7. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 and all City public 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 project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. b. 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. c. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. PC RESO NO. 7135 -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 8. That the project is consistent with the City’s Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 9. 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. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the approval of a grading permit or building permit whichever occurs first. 1. The findings and conditions contained in Design Review Board Resolutions No. 198 and 199 for RP 92-10 and CDP 92-08 are superseded by the findings and conditions contained in this Planning Commission Resolution No. 7135. 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 Major Review Permit Amendment and Coastal Development Permit Amendment. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Major Review Permit Amendment and Coastal Development Permit Amendment 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. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 5. 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. 6. 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 Amendment and Coastal Development Permit Amendment (b) City’s approval or issuance of any permit or action, PC RESO NO. 7135 -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 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. 7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 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 shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 10. 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. 11. 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. 12. 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 Director of the Community and Economic Development Department. 13. 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 Amendment and Coastal Development Permit Amendment by Resolution No. 7135 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. . . . PC RESO NO. 7135 -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 14. Prior to the recordation of the first final map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property may be subject to impacts from the existing Railroad Transportation Corridor, in a form meeting the approval of the City Planner and the City Attorney (see Notice and Waiver Concerning Railroad Environmental Impacts on file in the Planning Division). 15. 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 an Outdoor Storage Plan, and thereafter comply with the approved plan. 16. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff. 17. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Division and accompanied by the project’s building, improvement, and grading plans. 18. Developer shall construct, install, and stripe all parking spaces and landscape planters on the adjacent city leased property owned by North County Transit District, as shown on Exhibits “A – I”. Parking areas disturbed, including but not limited to all adjacent parking spaces along the west side of the property, shall be improved with new paving to the satisfaction of the city. All work on the property owned by North County Transit District and currently leased by the City of Carlsbad shall be coordinated with the city’s Property and Environmental Management Department. 19. Prior to issuance of building permits, the property owner shall enter into a Parking In-Lieu Fee Participation Agreement and pay the established Parking In-Lieu Fee for 21 parking spaces. The fee shall be the sum total of the fee per parking space in effect at the time of the building permit issuance times the number of parking spaces needed to satisfy the project’s parking requirement (21 spaces total). Engineering: General 20. Prior to hauling dirt or construction materials to or from this project site, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. 21. 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. . . . PC RESO NO. 7135 -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 Fees/Agreements 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. In regards to stormwater management and treatment requirements, if the project is determined to be a Priority Development Project, developer shall cause property owner to submit an executed copy to the city engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement. 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 improvements shown on the site plan and existing drainage patterns, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports for city engineer review, post security and pay all applicable grading plan review and permit fees per the city’s latest fee schedule. 26. This project requires offsite improvements. No construction of private improvements shall occur outside the project ownership until developer obtains an agreement acceptable to the city engineer, from the owners of the affected property. If developer is unable to obtain the agreement, no permit will be issued. In that case developer must either apply for and obtain an amendment of this approval or modify the plans so improvements will not occur outside the project ownership and obtain approval from both the city engineer and city planner. 27. Developer acknowledges that, pursuant to Order No. R9-2013-0001 issued by the California Regional Water Quality Control Board, new storm water requirements become effective near the end of 2015, may affect the design of this project. Prior to construction, developer shall demonstrate compliance with latest storm water requirements to the satisfaction of the city engineer. 28. 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. 29. Developer shall complete and submit to the city engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city’s latest fee schedule. PC RESO NO. 7135 -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 30. In regards to stormwater management and treatment requirements, this project may be subject to Priority Development Project requirements. Developer shall complete and submit the city’s Standard Stormwater Questionnaire, Form E-34 together with an exhibit identifying the existing and proposed impervious and pervious areas. The exhibit should include all areas of work including those beyond the limit of the project ownership. If determined to a Priority Development Project, the developer shall prepare and process a Storm Water Quality Management Plan (SWQMP), subject to city engineer approval, to demonstrate how this project meets new/current storm water treatment requirements per the city’s BMP Design Manual, latest version. The developer shall use 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. Developer shall pay all applicable SWQMP plan review and inspection fees per the city’s latest fee schedule. 31. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc.) incorporate all source control, site design, treatment control BMP and Low Impact Design (LID) facilities. 32. In regards to stormwater management and treatment requirements, should the project meet Standard Stormwater Requirements, developer shall incorporate measures including, but not limited to reducing the use of new impervious surfaces (e.g.: paving), designing drainage from impervious surfaces to discharge over pervious areas (e.g.: turf, landscape areas) and designing trash enclosures to avoid contact with storm runoff, all to the satisfaction of the city engineer. Improvements 33. Prior to issuance of building permits, developer shall verify the adequacy of the sewer lateral to the satisfaction of the building official. 34. Prior to the issuance of building permits, developer shall verify the location and adequacy of the grease interceptor to the satisfaction of the building official. Utilities 35. Developer shall meet with the fire marshal to determine fire protection measures required to serve the project 36. 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: The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 37. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the City of Carlsbad Municipal Code to the satisfaction of the city engineer. PC RESO NO. 7135 -10- 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 38. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 39. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 40. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management fee for Zone 1 as required by Carlsbad Municipal Code Section 21.90.050. 41. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 42. 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. 43. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 44. Any signs proposed for this development shall at a minimum be designed in conformance with the Village Master Plan and Design Manual and shall require review and approval of the City Planner prior to installation of such signs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .