The URL can be used to link to this page

Home My WebLink About1996-06-25; City Council; 13691; Waiver of Impact Fees from Burrow Southcoast Inc.1 0 z c F 3 PI % Lr 3 x c 0, Q- I a a 5 *rl G U g B CJ 8 s E-l \ m a .. z 0 F 5 c) v) k U a, a, a m N \ 2 J z 3 0 0 t'b CITY OF CARLSBAD - AG !! dDA BILL 0 AB# I 3, f!~ ? f TITLE: REPORT ON REQUEST FOR DEFERRAL OR WAIVER OF IMPACT FEES FROM BURROW MTG. 6-25 -76 SOUTHCOAST INC. CITY ATTY.. DEPT. BLD CITY MGRx RECOMMENDED ACTION: This matter be continued until the entire issue of outdoor dining is analyzed by thc Department, the Water and Wastewater Rate Study is acted upon by the CMWD Board oi and the implementing Municipal Code Sections are modified to reflect those revised allow ITEM EXPLANATION: At the May 14 City Council meeting, attorney Richard Sax requested relief from or a defer1 and sewer impact fees for an expansion of the Airport Caf6. The Airport Caf6 is located c owned by the County of San Diego at the McClellan-Palomar Airport. Mr. Sax represer Southcoast Inc., the company that apparently has a master lease for various buildings on tl and sub-leases the Airport Caf6 to a restaurant operator, Borrelli's. Council asked staff to i request for a fee deferral or waiver and report the findings and a recommendation to Coun Bat knround 1) Airport Cafe The Caf6 has been in existence on the airport property for many years. It was originally County jurisdiction as an approximately 31 seat facility with booths and a lunch couni second floor dining room. The prior restaurant operator constructed an illegal exteric additional seating outdoors, over five years ago, without securing a building permit. That evicted in mid-1995 by Burrows Southcoast Inc. The occupant load of the restaurant is r maximum of 49 persons for Building Code related reasons. Burrows Southcoast Inc. ha this restriction since August of 1995. The current tenant began their improvements to thc in November of 1995. Tables are not allowed on the balcony area of the existing restau inadequate clearances for exiting aisles. A minimum of 36 inches clearance is required. allowed on the deck built without permits as the Building Code related issues have be( although no impact fees for this prior expansion were ever collected since no permit fi was ever applied for or processed or approved. The Burrows company has recently informally inquired as to the requirements for addinl outdoor seating on a new deck to the east of the Cafe. One of the most significant requi restaurant expansions is the matter of additional impact fees. Water, sewer, traffic, and ot fees are substantial for restaurants, and this matter is routinely brought to the atten customer in any preliminary inquiries staff may receive about new or expanding restauran I Page Two of Agenda 9 kii No. I 3, bCf I 0 Currently, the Municipal Code requires water and sewer impact fees for restaurants to be i the rate of one (1) Equivalent Dwelling Unit (EDU) per seven seats. There is no distinci Municipal Code between indoor and outdoor seats. The revised Water and Wastewater F acted upon at the June 4th Board Meeting would eliminate the water connection imp; business expansions unless the expansion requires the business to secure a larger water n sewer connection fee is not proposed to change in the rate study. Traffic impact fees are l a rate of 300 Average Daily Trips (ADT‘s) per 1000 square feet for sit-down restaurants, agz distinction between indoor and outdoor eating spaces. There is also a Public Facility Fee o the project valuation assessed to commercial or industrial expansions that result in an intf of the use on the property. There are a number of other impact fees for thesc intensification’s. A summary of the fees for the Airport Cafe’s expansion is included in ar part of this agenda bill. The summary is based upon a fee estimate form sent to the ( Development office on May 16, 1996 reflects the current Municipal Code fee requiren estimated total cost for a building permit to add 50 additional seats to the Airport Caf4 approximately $35,000. The fees are detailed below. FEE =TE TOTAX Building Permit $1 5,000 (Project Valuation) $ Plan Check Strong Motion Fee Water Connection Fee Sewer Connection Fee Sewer Benefit Area Fee Traffic Impact Fee $1 5,000 (Project Valuation) $1 5,000 (Project Valuation) 1 EDU/ 7 Seats = 7.14 EDU’s 1 EDU/ 7 Seats = 7.14 EDU’s $76 / EDU 300 ADT’s / 1000 square feet 1; 1; Local Facility Management Fee Public Facility Fee 3.5% of Valuation - TOTAL $ 3! $0.40 / square foot This estimate does not include any impact fees for the existing deck which was adc permits or fees by the previous tenant. The fees for an expansion are due and payable at i building permit is issued. There is no allowance in the Municipal Code to allow staff the c allow payments of fees or deferral of fees until later dates. Upon payment, the fe entitlement stays with the building and its approved new use. Fees paid by a business 1 expanded use are not refunded if the business leaves the building for any reason. Shoul be demolished, however, the fee credits from the demolished building are applied building built on the same property. For these reasons, many business owners establisl cooperative fee payment agreement with the landowner. The additional 50 seats at the Airport Caf4 will also change the occupancy of the structurl to an “A-3”, a restaurant with seating above 49. An A-3 restaurant occupancy is a mol occupancy than a B occupancy due to the more intense use of the building. When i building intensifies to a more restrictive use, the Uniform Building Code, adopted by refe City’s building code, requires that the building be modified to meet the code requiremen Page Three of Agenda (k ill No. 13,6 ?i e \ structures. This Section of the Building Code ensures that the inventory of buildings in upgraded to meet current Code. This Code Section has been invoked in the recent past wk buildings are converted to more intense uses, such as when the Wonder Bakery wai Carlsbad Village Drive was converted to a restaurant and micro-brewery. The project will designed to meet current code requirements including but not limited to all fire life safet d isabled access requirements. 2. Outdoor Dining Staff is currently reviewing the issue of outdoor dining in restaurants. There is an allowi Village Redevelopment Master Plan for outdoor dining by administrative permit. The issuc fees and parking requirements for these types of expansions was studied as a part of the I\ document, so staff has undertaken a study to eventually make a recommendation for a allowance for outdoor dining which will not trigger various City requirements. The stuc conducted internally by the Planning Department. Staff can bring recommendations to July. FISCAL IMPACT: The water and sewer impact fees for this proposed project are approximately $ 30,000. \ deferring the fees will cost the City’s Capital Improvement Accounts $30,000 should thc fail to pay the fees at some future time or City fail to successfully collect the fee. Since i are mitigation for the effects of growth, the City’s Growth Management Program would should the various accounts fall short of projected revenues at build out. Waiving or def also sets a precedent for any developer to appeal for the same privilege for all impact 1 types of projects, not just restaurants. EXHIBITS: 1. Letter dated August 1, 1995 2. Fee estimate form provided by Burrows Southcoast Inc. .- 1 August 1, 1995 Burrows Southcoast, Inc. C/O Joe Pate Palomar Airport Center 2192 Palomar Airport Rd. Carlsbad, CA 92008-4814 Re: AIWORTCAFE Dear Joe, In response to your request for remodeling requirements for any new tenant for the Airpol Cafe, the City Building and Fire Department would like to see upgrades to the fire life safe? systems for the restaurant should a new tenant occupy the restaurant. To improve the basic frr life safety system, the City respectfully requests that some specific improvements be include( in any tenant improvement plan. It appears that the restaurant evolved over time from a B-2 occupancy to an A-3, a restaurar with seating for more than 50 people. This occurred principally with the additional seating addel to an outdoor dining area. The restaurant can now accommodate approximately 100 people. Th Building Code requires two exits from occupancies above the first floor when the occupant loa( is more than 10. Recently a second set of stairs was added to the deck are a to tempora improve the exiting, Those stairs were to be for emergency egress only and were temporary i; nature due to the possibility of the restaurant use discontinuing. The restaurant should have two separate exit systems, on opposite sides of the restaurant. Thi could be accomplished, in my opinion, by constructing new stairs on the north side of th restaurant contiguous with the exit door on that same side. The older stairs on the south side o the restaurant could be improved similarly. Then the temporary exit stairs installed on the sout side should then be removed. The exit doors from the store should then be equipped with pani hardware. The stairs should conform to current UBC requirements (enclosed). Additionally there should be no seating on the outdoor balcony around the east side of the restaurant unles there is three feet clear for egress. The Code has also required, since at least 1967, that A-3 occupancies above the frrst floor b separated from usable space below by a 1 hour occupancy separation. This usually mean applying 5/8" type X drywall on the bottom of the floor joists. The existing construction shoul be reviewed in the field to see what needs to be done below the restaurant to meet thi 2075 Las Palmas Dr. - Carlsbad, CA 92009-1576 - (619) 438-1161 FAX (619) 438-089~ 0' (b" requirement. If the restaurant occupancy was limited to 49 people, the occupancy would the be a B-2 and no separation is required. The Code also requkes airplane hangars to be separated from business occupancies, such as flight school, restaurant, or office areas by a 1-hour separation. This is generally accomplishec by constructing a framed wall and covering the wall with 5/8 " Type X drywall. Please inform any prospective tenant of these requirements so they may be included in any othe improvement plans for the restaurant. Sincerely, De- Pat Kelley Principal Building Inspector C: Fire Marshal 1' cIAmNDvs =WE VF Fka- e- AN ACCURATE EST'X3-U~ OF EEES rn- EXkT SQUARE -A= FZ mclz TYPE OF €%OPosED USE. pyJx3E FEL OUT THE TOP PORmN AND m 7X? - BT3E.Q~~ pmm AT 2075 ltAs PALMAS OR, CABLSBAD, CA 92ooQ OR FAX To 4384894. I, APpLICAm-.. - ONE% 0 -0133 ___ F&% PRUJECr ADDRE!sS9462 f?wu *M~.~.ASESSORPARCELf DIXA-En DESCiUFIlQN OF WORK E%u=orJw GnQtrrar3 * SQ FT OF EXXS73NG -I 403 WE ?F CONSTXU~ON,wOoP USE ClS EXXSTINU SQ FZ' <S+ 4s SQ Ef 0s ~~p~~ WRK, DIVIDED BY USES Get3 SQ.s;;s, ode -1 mQmg*J1si?3 AbbS(L +Ee%t --. 3 . VAL.UAn#%7 /--. &s&-w) - TRAFFIC: IMPACT.'. /6 mrrxE AND mo?#juG€fFARE 4 PLAN CHECK, BASIC BUILDMQ PERMIT /GZ LOCAL EA- &AGM STZONG MQTXON -3 FEE: b23 9=.- . .. SCHUQL DzsTRIcf d sm=RSW&, ST- CAE . / FUR-. LA- i mL SP- REFS DMAG€ @IDA)&, :. PuBL3C FA~&XEN$ETTAX * mcm. OUTQFCED =<, WATER- /7, /36= c PhXX-IN-?X&G r cm> (MEuSRcm> ONE TINE PAY- OFFd-. SUB TOTktlEUIWING SUB TOTGm-G-, TOTAL XEZ2$ d*d7d--bp ' -A mmom N mxQB NQ1 THIS ]Is ONLY AN EtmMAm co- PLANS AREImQWRED TO D~CO&S?~BUII.D3JSGfERMH:~. =ANT-- REQUIRE SQUAREFWA-FOX EACBW Bmm-mw AM3 - IP THERE IS A CEANGE IN USE, I" IS PO-mT ADDITIONAL SEW=, WATER, TRAFFIC AND BRDIam MAY BEEQm, 4t blcAJJ- -\-\de #hL-~3hfg BpcL.rc3pJy-