HomeMy WebLinkAbout2015-12-16; Planning Commission; Resolution 7135
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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
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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.
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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
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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.
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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,
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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.
. . .
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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.
. . .
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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.
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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.
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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.
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