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HomeMy WebLinkAbout2019-06-19; Planning Commission; Resolution 7336PLANNING COMMISSION RESOLUTION NO. 7336 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MINOR REVIEW PERMIT AND COASTAL DEVELOPMENT PERMIT TO ALLOW A SECOND-STORY ADDITION TO AN EXISTING RESTAURANT CONSISTING OF A 1,620-SQUARE-FOOT OUTDOOR DINING AREA AND A 467-SQUARE- FOOT ENCLOSED AREA CONTAINING RESTROOMS, STORAGE AND FOOD PREPARATION AREAS LOCATED AT 264 CARLSBAD VILLAGE DRIVE IN LAND USE DISTRICT 9 OF THE VILLAGE MASTER PLAN AND DESIGN MANUAL, THE VILLAGE SEGMENT OF THE LOCALCOSTAL PROGRAM, AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: FRESCO RESTAURANT CASE NO: RP 2018-0013/CDP 2018-0050 (DEV2017-0020) WHEREAS, Elmerinda Dinitto, "Applicant," has filed a verified application with the City of Carlsbad regarding property owned by Elmerinda Dinitto, "Owner," described as All of Tract 95 of Map 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 County, March 1, 1915 excepting the Northeasterly 100.00 feet thereof ("the Property"); and WHEREAS, said verified application constitutes a request for a Minor Review Permit and Coastal Development Permit as shown on Exhibit(s) "A" -"F" dated June 19, 2019, attached hereto and on file in the Carlsbad Planning Division, RP 2018-0013/CDP 2018-005.0 -FRESCO RESTAURANT, as provided in Chapters 21.35 and 21.201.030 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on June 19, 2019, hold a duly noticed public hearing as prescribed by law to consider said request; 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 Minor Review Permit and Coastal Development Permit.· NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of RP 2018-0013/CDP 2018-0050 -FRESCO RESTAURANT, based on the following findings and subject to the following conditions: Findings: Minor Review Permit RP 2018-0013 1. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the city's General Plan, and the development standards of the Village Review Zone and the Village Master Plan. and Design Manual, based on the facts set forth in the staff report dated June 19, 2019, including, but not limited to the following: a. Land Use -The addition of a second-story 1,620 square-foot outdoor dining area and a 467 square-foot enclosed area enhances the vitality of the Village by strengthening an existing service to local residents and visitors that is characteristic to the Village area. The project complements the existing uses within the Village by providing additional restaurant capacity, especially during the peak summer season. The project also reinforces the pedestrian orientation desired for the downtown area by enhancing an existing use that is within close proximity to residences and visitor-oriented uses. The proposed outdoor dining area is complementary to the restaurant's recently completed fa~ade improvement and aims to further contribute to the revitalization of the Village area by creating a new ocean-view dining opportunity for residents and visitors. b. Mobility -The existing restaurant is located approximately one-quarter mile from the Carlsbad Village Station which provides train and bus services throughout the day. The addition of the outdoor dining area will not alter the pedestrian connectivity provided by the existing sidewalk on Carlsbad Village Drive. c. Noise -The noise study prepared by ABC Acoustics, Inc. (February 11, 2019) determined that no significant noise impacts are anticipated for the proposed outdoor dining addition and, therefore, no noise mitigation measures are needed. The project is conditioned to comply with the required noise standards set forth by the General Plan. d. Public Safety -The proposed structural improvements are required to be designed in conformance with all seismic, fire and safety standards as required by the State's Uniform Building Code. e. Sustainability -The proposed project is required to comply with the City's current Climate Action Plan requirements. f. Land Use District 9 Standards -The project as designed is consistent with the development standards for Land Use District 9, the Village Design Guidelines and all other applicable regulations set forth in the Village Master Plan and Design Manual in that the addition meets all setback, height, building coverage, roof pitch, open space, and parking requirements. The project is not requesting any deviations to the development standards and all required parking is located on-site. PC RESO NO. 7336 -2- Coastal Development Permit CDP 2018-0050 2. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the project proposes additions to an existing restaurant use, and the development is consistent with the Village Segment of the Local Coastal Program. No agricultural activities, sensitive resources, geological instability, flood hazard or coastal access opportunities exist on-site. The proposed addition to the existing restaurant will not obstruct views of the coastline as seen from public lands or public right-of-way, nor otherwise damage the visual beauty of the Coastal Zone. 3. 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 coastal shore; therefore, it will not interfere with the public's right to physical access or water-oriented recreational activities. General 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, the project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. Additionally, 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. 5. That 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 the preparation of environmental documents pursuant to Section 15301-Existing Facilities of the state CEQA Guidelines. 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. Conditions: NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a building 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 PC RESO NO. 7336 -3- by Developer or a successor in interest by the city's approval of this Minor Review Permit and Coastal Development Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Review Permit and Coastal Development 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 Minor Review Permit/Coastal Development 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. 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. 7. 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. 8. 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 Minor Review Permit/Coastal Development Permit by Resolution No. 7336 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. 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. PC RESO NO. 7336 -4- 10. Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy No. 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. 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 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. 13. Noise generated by the operation of the restaurant's roof deck patio shall not exceed the standards established in Table 5-3 in the Noise Element of the General Plan. Engineering Conditions General 14. 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. 15. 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. Storm Water Quality 16. 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. 17. Developer shall complete and submit to the City Engineer a Determination of Project's SWPPP Tier Level and Construction Threat Level Form pursuant to city engineering Standards. Developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) 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. 18. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, PC RESO NO. 7336 -5- landscape plans, building plans, etc.) incorporate all source control, site design, pollutant control BMP and applicable hydromodification measures. Dedications/Improvements 19. Prior to any work or equipment staging in city right-of-way or public easements, Developer shall apply for and obtain a right-of-way permit to the satisfaction of the City Engineer. Utilities 20. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the district engineer. 21. Sizes and locations of water service, water meter, and backflow preventer shall be shown on the building plans and shall be provided and justified to the satisfaction of the district engineer and City Engineer. The location and size of said services shall be reflected on public improvement plans. 22. Size and location of the sewer lateral shall be shown on the building plans and shall be provided and justified to the satisfaction of the District Engineer and City Engineer. The location and size of the sewer lateral shall be reflected on public improvement plans. Code Reminders: The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 23. 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. 24. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.330. 25. 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 City Planner prior to installation of such signs. 26. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 27. 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. 28. Developer acknowledges new forthcoming requirements related to the city's Climate Action Plan (CAP) will likely impact development requirements of this project and may be different than what is proposed on the project plans or in the project's CAP Checklist. Developer acknowledges new CAP requirements are related to energy efficiency, photovoltaic, electric vehicle charging, water heating and traffic demand management requirements, as set forth in City Council Ordinance Nos. CS-347, CS-348, CS-349 and CS-350 and City Council Resolution No. 2019-024, are available on the city's website. CAP requirements may impact, but are not limited to, site design and local building PC RESO NO. 7336 -6- code requirements. If incorporating new CAP requirements results in substantial modifications to the project, then prior to issuance of development permits, Developer may be required to submit and receive approval of a Consistency Determination or Amendment for this project through the Planning Division. Once adopted as part of Title 18 and in effect, compliance with the new CAP requirements must be demonstrated on or with the construction plans prior to issuance of the applicable development permits. 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 offinal 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. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on June 19, 2019, by the following vote, to wit: AVES: Chair Luna, Commissioners Geidner, Lafferty, Meenes, Merz, and Stine NOES: ABSENT: Commissioner Anderson CARLSBAD PLANNING COMMISSION ATTEST: TERI DELCAMP Principal Planner PC RESO NO. 7336 -7-