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HomeMy WebLinkAbout2013-09-10; City Council; 21364; Bluewater RP 12-31 CDP 12-28CITY OF CARLSBAD - AGENDA BILL AB# MTG. DEPT. 21.364 9/10/13 CED BLUEWATER RP 12-31/CDP 12-28 DEPT. DIRECTOR CITY ATTORNEY CITY MANAGER RECOMMENDED ACTION: That the City Council hold a public hearing and ADOPT City Council Resolution No. 2013-227 . APPROVING a Major Review Permit RP 12-31 and Coastal Development Permit CDP 12-28 to allow for the demolition of all existing structures on site and the construction of a 6,637 gross square foot restaurant and microbrewery with a development standards modification on the property located at 3056 Carlsbad Blvd. in Land Use District 9 of the Village Review Zone and in Local Facilities Management Zone 1. The project qualifies as a CEQA Guidelines Section 15332 (In-Fill Development Projects) Class 32 Categorical Exemption. Project Application(s) Planning Commission City Council RP 12-31 RA X CDP 12-28 (for portion in V-R zone) RA X CDP 12-28 (for portion in R-3 zone) X CUP 13-04 X RA = Recommended Approval X = Final City Decision-Making Authority ITEM EXPLANATION; On July 17, 2013 the Planning Commission held a public hearing for the Bluewater project that is described above. The Planning Commission voted 6-0 (Commissioner Scully absent) to recommend approval of RP 12-31 and CDP 12-28, and to approve CDP 12-28 and CUP 13-04. The project includes the following applications: 1) A Major Review Permit (RP 12-31), recommended for approval by Planning Commission on July 17, 2013, to allow for the demolition of all existing structures and the construction of a 6,637 gross square foot restaurant and microbrewery with a development standards modification. 2) A Coastal Development Permit (CDP 12-28), recommended for approval by Planning Commission on July 17, 2013, to allow for the demolition of all existing structures and the construction of a 6,637 gross square foot restaurant and microbrewery within the Village segment ofthe Coastal Zone. 3) A Coastal Development Permit (CDP 12-28), approved by Planning Commission on July 17, 2013, to allow for the demolition of all existing structures and the development of a parking lot with 22 spaces within the Mello ll segment ofthe Coastal Zone. 4) A Conditional Use Permit (CUP 13-04), approved by Planning Commission on July 17, 2013, to allow for the development of a parking lot with 22 spaces in the R-3 zone. The project site is comprised of two zoning designations. The front portion of the lot is located in the Village Review (V-R) zone and the rear portion of the lot is located in the R-3 zone. Accordingly, that portion of the DEPARTMENT CONTACT: Austin Silva 760-602-4631 austin.silvaPcarlsbadca.Rov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED k CONTINUEDTO DATE SPECIFIC • DENIED • CONTINUEDTO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER - SEE MINUTES • AMENDED • Page 2 property located in the V-R zone requires the approval of a Major (Village) Review Permit and a Village Coastal Development Permit (CDP) by the City Council and that portion of the property located in the R-3 zone requires the approval of a Conditional Use Permit and a Coastal Development Permit by the Planning Commission. Rather than processing two separate Coastal Development Permits, this project includes only one Coastal Development Permit (CDP 12-28) application, but has two separate Planning Commission resolutions; one approving the CDP forthe parking lot (Planning Commission Resolution No. 7004) and one recommending approval ofthe restaurant and brewery by the City Council (Planning Commission Resolution No. 7002). The applicant is requesting a development standards modification to allow for a reduction in the side yard setback from five (5) feet to one and a half (1.5) feet on the south property line due to the narrow width of the lot. Applying the required five (5) foot setback results in a limited interior restaurant space when stairwells, elevator shafts, "back of house" operations and the 20 foot wide driveway are accounted for. The Village Master Plan and Design Manual allows the City Council to approve development standards modifications for projects that assist the Council in meeting the goals and objectives set forth within the Village Master Plan. The justification for the standard modification is included in Planning Commission Resolution No. 7001 and is incorporated by reference into the approving City Council Resolution. At the July 17, 2013 Planning Commission hearing, staff presented the project, the applicant made a brief presentation, and two members from the public spoke. Mark Bradshaw stated he has lived in the neighborhood for 20 years and that the project would have a negative effect on property values. Hayley Griffin, representing Tobo Investments who owns the Best Western Hotel to the south, expressed concerns about the project. Her concerns were with regards to noise, hours of construction for the project, parking for the construction crews, pedestrian traffic, how the construction crew will respect needs of pedestrians, construction traffic and duration, construction noise, hours of operation, delivery times, where deliveries will occur, the side yard setback standards modification, and noise control on the patio and balcony. Following the conclusion of the public testimony, city staff and the project applicant responded to the public comments. The Planning Commission had a discussion regarding the public's concerns resulting in a vote to add conditions to restrict the hours of operation for the outdoor dining areas and the delivery times to lessen the noise impacts to the adjacent hotel uses. Conditions No. 16 and 17 were added to Planning Commission Resolution No. 7001 accordingly. A full record of the comments and responses to questions and the comments from the public can be found in the Planning Commission minutes dated July 17, 2013. Please also refer to the Planning Commission staff report for additional project information. The Planning Commission and staff are recommending approval of the Major (Village) Review Permit and Coastal Development Permit. FISCAL IMPACT: No fiscal impacts to the city regarding public facilities have been identified. All required improvements and maintenance needed to serve this project will be funded by and/or constructed by the developer. ENVIRONMENTAL IMPACT: The proposed project is exempt from environmental review pursuant to Section 15332 of the State CEQA Guidelines as an in-fill development project on a site of less than five acres in an urbanized area that has no habitat value and is served by adequate facilities. A Notice of Exemption will be filed upon approval of the project. ^ Page 3 EXHIBITS: 1. City Council Resolution No. 2013-227 2. Location Map 3. Planning Commission Resolution No. 7001, 7002, 7003 and 7004, dated July 17, 2013 4. Planning Commission Staff Report, dated July 17, 2013 5. Planning Commission Minutes, dated July 17, 2013. 3 EXHIBIT 1 1 RESOLUTION NO. 2013-227 The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on July 17, 2013, hold a duly noticed public hearing as prescribed by law to 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR REVIEW PERMIT RP 12-31 AND COASTAL DEVELOPMENT PERMIT CDP 12- 4 28 TO ALLOW FOR THE DEMOLITION OF ALL EXISTING STRUCTURES ON-SITE AND THE CONSTRUCTION OF A 6,637 5 GROSS SQUARE FOOT RESTAURANT AND MICROBREWERY WITH A DEVELOPMENT STANDARDS MODIFCATION ON PROPERTY GENERALLY LOCATED AT 3056 CARLSBAD BOULEVARD IN LAND 7 USE DISTRICT 9 OF THE VILLAGE REVIEW ZONE AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. 8 CASE NAME: BLUEWATER CASE NO.: RP 12-31/CDP 12-28 9 10 11 12 13 14 consider a Major Review Permit RP 12-31 and Coastal Development Permit CDP 12-28 and 15 adopted Planning Commission Resolution Nos. 7001 and 7002, recommending approval of 16 Major Review Permit RP 12-31 and Coastal Development Permit CDP 12-28; and 17 WHEREAS, as a result of an environmental review of the subject project 18 conducted pursuant to the Guidelines for Implementation of the California Environmental 19 20 Quality Act and the Environmental Protection Ordinance of the City of Carlsbad, the project was 21 found to be categorically exempt from the requirement for preparation of environmental 22 documents pursuant to Section 15332 of the State CEQA Guidelines as an In-fill development project on a site of less than five acres in an urbanized area that has no habitat value and is served by adequate facilities. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 23 24 25 26 27 California as follows: 28 1. That the above recitations are true and correct 1 2 2. That Major Review Permit RP 12-31 and Coastal Development Permit CDP 12-28 are approved and that the findings and conditions ofthe Planning Commission contained 3 in Resolutions No. 7001 and 7002 on file in the City Clerk's office and incorporated herein by reference are the findings and conditions ofthe City Council. 3. That this action is final the date this resolution is adopted by the City Council. The provision of Chapter 1.16 ofthe Carlsbad Municipal Code, "Time Limits for Judicial 6 Review" shall apply: 7 "NOTICE TO APPLICANT" o The time within which judicial review of this decision must be sought is governed g by Code of Civil Procedure, Section 1094.6, which has been made applicable In the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review 10 must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final 11 a request for the record is filed with a deposit in an amount sufficient to cover the estimated j2 cost or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either 13 personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, 14 City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008. 15 16 17 18 19 22 23 24 25 26 27 28 /// /// /// /// 20 /// 21 /// /// /// /// /// •2- EXHIBIT 2 SITEMAP N NOT TO SCALE Bluewater RP 12-31 / CDP 12-28 / CUP 13-04 EXHIBIT 3 9 10 11 PLANNING COMMISSION RESOLUTION NO. 7001 1 2 A JIESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR REVIEW PERMIT RP 12-31 TO 4 ALLOW FOR THE DEMOLITION OF ALL EXISTING STRUCTURES ON SITE AND THE CONSTRUCTION OF A 5 6,637 GROSS SQUARE FOOT RESTAURANT WITH A MICROBREWERY ON PROPERTY GENERALLY LOCATED AT 3056 CARLSBAD BOULEVARD IN LAND USE DISTRICT 9 OF THE VILLAGE REVIEW ZONE AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. g CASE NAME: BLUEWATER CASE NO.: RP 12-31 WHEREAS, Buck Thompson, "Developer," has filed a verified application with the City of Carlsbad regarding property ovmed by Blue Family Trust, "Owner," described as Those Portions of Tract 100 of Carlsbad Lands, in the City of 12 Carlsbad, County of San Diego, State of California, according to Map thereof No. 1661, filed in the Office of the County ^ Recorder of San Diego, March 1,1915 ("the Property"); and WHEREAS, said verified application constitutes a request for a Major Review Permit as shown on Exhibits "A" - "N" dated July 17, 2013, on file in the Planning Division, RP 12-31 as provided by Chapter 21.35.080 of the Carlsbad Mimicipal Code; and WHEREAS, the Planning Commission did, on July 17, 2013 , hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony 14 15 16 17 18 19 20 21 22 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 23 relating to the Major Review Permit. 24 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 25 Commission of the City of Carlsbad as follows: 26 A) That the foregoing recitations are true and correct. 27 28 a 1.. B) That based on the evidence presented at the public hearing, the Planning 2 Commission RECOMMENDS APPROVAL of BLUEWATER - RP 12-31 based on the following findings and subject to the following conditions: 3 " 4 8 17 18 26 27 Findings; 1. The Planning Commission fmds that the project, as conditioned herein, is in 5 conformance wdth the Elements of the City's General Plan, based on the facts set forth in the staff report dated July 17,2013 including, but not limited to the following: 6 The proposed project is consistent with the goals for the Village, as outlined ^ within the General Plan, because it provides a restaurant and microbrewery use in an appropriate location (Tourism Support Area Land Use District No. 9) within the Village. This in turn serves to enhance the area as a tourist g district by providing additional dining and employment opportunities. By providing more commercial opportunities, the project helps to create a lively, 20 interesting social enyironment, which offers the necessary customer base to attract complementary uses. The project reinforces the pedestrian- 11 orientation desired for the downtown area by providing the residents and tourists an opportunity to walk to restaurants and mass transit functions. 12 The projects proximity to existing bus routes and mass transit will help to further the goal of providing new economic development near transportation 13 corridors. Furthermore, the project will provide a strong street presence with extensive architectural relief, landscaping and visually subordinate 14 parking. Overall, the new restaurant and microbrewery will enhance the ^ ^ Village as a place for living, visiting, and working. The existing streets can accommodate the estimated 350 ADTs, and all required public right-of-way has been, or will be dedicated, and has been, or will be improved to serve the development. The pedestrian access and circulation have been designed in relationship to the land use and available parking. Public facilities have been, or will be constructed to serve the proposed project. The project has been conditioned to develop and 19 implement a program of ^^best management practices" for the elimination and reduction of pollutants which enter into and/or are transported within 20 storm drainage facilities. 21 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 22 consistent with the Open Space requirements for new development within the Village Area and the City's Landscape Manual. 23 That the project is consistent with the Village Review Zone and the Village Master Plan 24 and Design Manual in that a restaurant is a permitted use and a microbrewery is an accessory use within District 9 of the Village Review Zone. Furthermore, the project 25 is consistent with the Village Master Plan and Design Manual in that the proposed project assists in satisfying the goals and objectives set forth for the Village through the following actions: it establishes Carlsbad Village as a quality shopping, worldng and living environment by providing a tourist serving use that will provide employment opportunities; and stimulates property improvements and new 28 PC RESO NO. 7001 -2- 1 development in the Village by constructing a new building in an area with dated 2 buildings; and improves the physical appearance of the Village by developing an underutilized lot with an attractive commercial building. 3 3. The Planning Commission recommends approval to grant the standards modification for 4 a side yard setback reduction from five (5) feet to one and half (1.5) feet based upon the following finding: 5 a. The proposed project assists the Council in meeting the goals and objectives 6 set forth within the Village Master Plan and Design Manual by providing a tourist serving use in Land Use District 9 of the Village Review zone. This will allow patrons of the nearby lodging, beachgoers, and residents of the Village and beach community to be within walking distance of dining with ocean views. The redevelopment of this site will better utilize the site at a g prime location with an attractively designed building. This will assist spurring additional development or improvements to properties nearby. 10 Signage is not proposed at this time for the project; however, all signage shall be consistent with the Village Master Plan which allows for different sign 11 types to meet the needs of businesses. 12 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 13 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 14 treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; govemment administrative facilities; and open space, related to the 15 project will be installed to serve new development prior to or concurrent with need. ^ ^ Specifically, a. The Public Facility fee is required to be paid by Council Policy No. 17 and will be ^ ^ collected prior to the issuance of building permit. 1 R ° b. All necessary public improvements have been provided or are required as conditions of approval. 20 21 I 6. The Planning Commission has reviewed each of the exactions imposed on the developer 22 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 23 degree of the exaction is in rough proportionality to the impact caused by the project. 24 7. The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the 25 environment, and it is therefore categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15332 of the State CEQA 26 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 27 Guidelines do not apply to this project. 28 PC RESO NO. 7001 -3- 5. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 1 Conditions: 2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of 3 a grading permit. 4 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 y 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 g 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. 9 Staff is authorized and directed to make, or require the Developer to make, all corrections 10 and modifications to the Major Review Permit documents, as necessary to make them intemally consistent and in conformity with the final action on the project. Development 11 shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 12 Developer shall comply with all applicable provisions of federal, state, and local laws and ^ ^ regulations in effect at the time of building permit issuance. 14 If any condition for constmction of any public improvements or facilities, or the payment 15 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 Govemment Code 16 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 17 with all requirements of law. 18 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 19 representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attomey's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Major Review Permit, (b) City's approval or issuance of any permit or action, wheter discretionary or nondiscretionary, in connection with the use contemplated herein, and 22 (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 23 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 24 approval is not validated. 25 6. Developer shall submit to the Planning Division a reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by the final decision-making body. 26 27 28 PC RESO NO. 7001 20 21 1 7. Developer shall include, as part of the plans submitted for any permit plancheck, a 2 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals). 3 8. This project shall comply with all conditions and mitigation measures which are required 4 as part of the Zone 1 Local Facilities Management Plan and any amendments made to ^ that Plan prior to the issuance of building permits. 6 9. This approval is granted subject to the approval of CDP 12-28 and CUP 13-04 and is subject to all conditions contained in Planning Commission Resolutions No. 7002, 7003, y and 7004 for those other approvals incorporated herein by reference. 14 g 10. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 9 11. Building permits will not be issued for this project unless the local agency providing 10 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 11 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 12. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new constmction imposed by Carlsbad Municipd 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 15 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 16 approval will not be consistent with the General Plan and shall become void. 17 13. Prior to the issuance of the building permit. Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is 18 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 19 has issued a Major Review Permit/Coastal Development Permit/Conditional Use Permit by Resolutions No. 7001, 7002, 7003, and 7004 on the property. Said Notice of 20 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 2^ specified for inclusion in the Notice of Restriction. The City Planner has the authority to 22 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. 23 14. No outdoor storage of materials shall occur onsite unless required by the Fire Chief 24 When so required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner of an Outdoor Storage Plan, and thereafter comply with the approved 25 plan. 26 15. Developer shall submit and obtain City Planner approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid 27 any impacts on adjacent homes or property. 28 PC RESO NO. 7001 1 16. The use of the first floor and second floor outdoor dining areas shall cease daily at 2 11:00 p.m. Sunday through Thursday and 12:00 p.m. Friday and Saturday. 3 17. Deliveries to and from the restaurant and microbrewery shall only occur between the hours of 8:00 a.m. and noon seven days a week. 4 5 6 7 8 18. Prior to hauling dirt or constmction materials to or from any proposed constmction site 9 within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. 10 19. This project is approved upon the express condition that building permits will not be 11 issued for the development of the subject property, imless the district engineer has determined that adequate water and sewer facilities are available at the time of permit 12 issuance and will continue to be available until time of occupancy. 20. Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy of the 14 Engineering NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of a grading or building permit whichever occurs first. General Site Plan, conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final decision making body. The reproducible shall be submitted to the 25 city planner, reviewed and, if acceptable, signed by the city's project engineer and project planner prior to submittal of the building plans, improvement plans, or grading plans, 16 whichever occurs first. 17 Fees/Agreements 18 21. Prior to approval of Improvement Plans, Grading Plans or Final Map, developer shall submit to the city engineer written approval from North County Transit District (NCTD) 19 demonstrating mass-transit improvement requirements for this project have been satisfied. 20 21 22 „ 23. Developer shall cause property owner to process, execute and submit an executed copy to 23 the city engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement for the perpetual maintenance of all 24 treatment control, applicable site design and source control, post-constmction permanent Best Management Practices prior to the issuance of a grading permit or building permit, 25 whichever occurs first for this project. 26 27 28 PC RESO NO. 7001 -6- 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. 1 24. Prior to approval of any grading or building permits for this project, developer shall 2 cause owmer 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 3 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 4 form provided by the city engineer. Grading ^ 25. Based upon a review of the proposed grading and the grading quantities shown on the y site plan, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports, for city engineer review, and shall pay all g applicable grading plan review fees per the city's latest fee schedule. 9 26. Developer shall apply for and obtain a grading permit from the city engineer. Developer shall pay all applicable grading permit fees per the city's latest fee schedule and shall 10 post security per City Code requirements. 11 27. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include 12 but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during constmction, 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 14 15 notify prospective owners and tenants of the above requirements. 16 28. Prior to the issuance of a grading permit, developer shall submit to the city engineer receipt of a Notice of Intent from the State Water Resources Control Board. 17 29. Prior to the issuance of grading permit or building permit, whichever occurs first, 2 g developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and 19 provisions established by the San Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall identify and incorporate measures 20 to reduce storm water pollutant runoff during constmction of the project to the maximum extent practicable. Developer shall pay all applicable SWPPP plan review and inspection 21 fees per the city's latest fee schedule. 22 30. This project is subject to 'Priority Development Project' requirements. Developer shall prepare and process a Storm Water Management Plan (SWMP) that demonstrates how 23 this project meets storm water requirements in effect at the time of SWMP review and approval per the city's Standard Urban Storm Water Management Plan (SUSMP). The 24 project shall incorporate treatment control BMP selection criteria in the SUSMP, low impact development (site design) approaches to ensure that runoff from impervious areas 25 (roofs, pavement, etc) are drained through landscaped (pervious) areas prior to discharge and required hydromodification (mnoff reduction) requirements. Developer shall 2^ demonstrate compliance with storm water requirements to the satisfaction of the city 2^ engineer and pay all applicable SWMP plan review and inspection fees per the city's latest fee schedule. 28 PC RESO NO. 7001 -7- 1 31. Developer is responsible to ensure that all final design plans (grading plans, improvement 2 plans, landscape plans and building plans) incorporate all source control, site design, treatment control BMP, applicable hydromodification measures, and Low Impact Design 3 (LID) facilities. 4 Dedications/Improvements 5 32. Developer shall design all proposed public improvements including but not limited to sewer laterals, pedestrian ramps, driveways, sidewalk, water services/meter and curb drains) as shown on the site plan. These improvements shall be shown as a Constmction y Revision to existing record public improvement drawing DWG 139-6. Developer shall pay plan check and inspection fees using improvement valuations in accordance with the g city's current fee schedule. Developer shall apply for and obtain a right-of-way permit prior to performing work in the city right-of-way. 9 33. Prior to occupancy, developer shall install a six inch diameter sewer service to serve this 10 project. Sewer service location shall be to the satisfaction of the city engineer. 11 34. Developer shall design, and obtain approval from the city engineer, the stmctural section for the access aisle with a traffic index of 5.0 in accordance with city standards due to 12 tmck access through the parking area. Prior to completion of grading, the final stmctural pavement design of the aisle way shall be submitted together with required R-value soil test information subject to the review and approval of the city engineer. ^4 Utilities 15 35. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges 16 for connection to public facilities. 17 36. Developer shall install potable water service and meter at location approved by the district engineer. The locations of said service shall be reflected on public improvement 18 plan DWG 139-6. 19 37. The developer shall install 6" sewer lateral and clean-outs at locations approved by the city engineer. The locations of sewer lateral shall be reflected on public improvement 20 plan DWG 139-6. Code Reminders: 21 22 The project is subject to all applicable provisions of local ordinances, including but not limited to 23 the following code requirements. 24 Fees 25 38. The developer shall pay a landscape plan check and inspection fee as required by Section 20.080.050 ofthe Carlsbad Municipal Code. 26 27 28 PC RESO NO. 7001 -8- 39. Developer shall exercise special care during the constmction phase of this project to 2 prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction 3 of the City Engineer. 4 40. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shovm on the site plan are for planning purposes only. General g 41. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of 9 building permit issuance, except as otherwise specifically provided herein. 10 42. Premise identification (addresses) shall be provided consistent with Carlsbad Mimicipal Code Section 18.04.320. 11 43. Any signs proposed for this development shall at a minimum be designed in conformance 12 with the approved plans and the sign criteria contained in the Village Master Plan and Design Manual and shall require review and approval of the City Planner and 1 ^ issuance of a sign permit prior to installation of such signs. NOTICE 14 15 .. Please take NOTICE that approval of your project includes the "imposition" of fees, 16 dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions.' 17 You have 90 days from date of final approval to protest imposition of these fees/exactions. If ^ ^ you protest them, you must follow the protest procedure set forth in Govemment 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 2Q follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 21 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 22 DOES NOT APPLY to water and sewer coimection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this 23 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 24 expired. 25 26 27 28 PC RESO NO. 7001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, Califomia, held on July 17, 2013, by the following vote, to wit: AYES: NOES: Chairperson Siekmann, Commissioners Anderson, Black, L'Heureux, Schumacher and Segall ABSENT: Commissioner Scully ABSTAIN: KERRY K. SIEKMANN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7001 •10- 1 PLANNING COMMISSION RESOLUTION NO. 7002 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A COASTAL DEVELOPMENT PERMIT CDP 4 12-28 TO ALLOW FOR THE DEMOLITION OF ALL EXISTING STRUCTURES ON SITE AND THE 5 CONSTRUCTION OF A 6,637 GROSS SQUARE FOOT RESTAURANT WITH A MICROBREWERY ON PROPERTY GENERALLY LOCATED AT 3056 CARLSBAD BOULEVARD IN THE VILLAGE SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONEl. CASE NAME: BLUEWATER 9 CASE NO: CDP 12-28 10 WHEREAS, Buck Thompson, "Developer," has filed a verified application with 11 the City of Carlsbad regarding property owned by Blue Family Trust, "Ovmer," described as 12 Those Portions of Tract 100 of Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of Califomia, according to Map thereof No. 1661, filed in the Office of the County Recorder of San Diego, March 1,1915 25 ("the Property"); and 16 WHEREAS, said verified application constitutes a request for a Coastal 17 Development Permit as shown on Exhibits "A" - **N" dated July 17, 2013, attached hereto and 18 on file in the Carlsbad Planning Division, BLUEWATER - CDP 12-28, as provided in Chapter 19 21.81.040 ofthe Carlsbad Municipal Code; and 20 WHEREAS, the Planning Commission did, on July 17,2013, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the 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 tme and correct. 21 22 23 24 25 26 27 28 1.. B) That based on the evidence presented at the public hearing, the Commission 2 RECOMMENDS APPROVAL of BLUEWATER - CDP 12-28, based on the following findings and subject to the following conditions: 3 4 12 13 21 Findings: 1. That the proposed development is in conformance with the Certified Local Coastal ^ Program and all applicable policies in that the development consists of a new ^ restaurant and microbrewery, which, as discussed in the staff report, is consistent with the Carlsbad Village Master Plan, that serves as the Certified Local Coastal y Program for the City of Carlsbad Village Segment of the Califomia Coastal Zone. The proposed restaurant and microbrewery is consistent with the surrounding g development of motels, restaurants, and multi-family residential. The proposed development will not obstmct views of the coastline as seen from public lands or the 9 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 10 located on the property. The project site is not located in an area of known geologic instability or flood hazard. The site is located in close proximity to the coast, but no 11 public opportunities for coastal shoreline access are available from the subject site. The site is not suited for water-oriented recreation activities. 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the site is not located adjacent to the shore. Therefore, the development will not interfere with the public's right to physical access to the sea and the site is not suited for water-oriented recreation activities. 15 The project is consistent with the provisions of the Coastal Resource Protection Overlay 16 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 17 Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil 18 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, 19 floods, or liquefaction. 20 4. The project site is not located in the Coastal Agricultural Overlay Zone, according to Map X of the Land Use Plan certified September 1980, and therefore is not subject to the provisions of the Coastal Agricultural Overlay Zone (Chapter 21.202 of the Zoning 22 Ordinance). 23 5. The project is not located between the sea and the first public road parallel to the sea and therefore is not subject to the provisions of the Coastal Shoreline Development Overlay 24 Zone (Chapter 21.204 of the Zoning Ordinance). 25 6. 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 26 ordinances. The project includes elements or has been conditioned to constmct or provide funding to ensure that all facilities and improvements regarding sewer collection 27 and treatment; water; drainage; circulation; fire; schools; parks and other recreational 28 PC RESO NO. 7002 -2- 1 facilities; libraries; govemment administrative facilities; and open space, related to the 2 project will be installed to serve new development prior to or concurrent with need. Specifically, 3 a. The Public Facility fee is required to be paid by Council Policy No. 17 and will be 4 collected prior to the issuance of building permit. ^ b. All necessary public improvements have been provided or are required as conditions of approval. 6 y 7. 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 g to mitigate impacts caused by or reasonably related to the project, and the extent and the degree ofthe exaction is in rough proportionality to the impact caused by the project. 9" 10 11 .. Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of 12 a grading permit. 13 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 14 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 Coastal Development Permit. 15 Conditions: General 18 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 19 and modifications to the Coastal Development Permit documents, as necessary to make them intemally consistent and in conformity with the final action on the project. 20 Development shall occur substantially as shovm on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 21 Developer shall comply with all applicable provisions of federal, state, and local laws and 22 regulations in effect at the time of building permit issuance. 23 4. If any condition for constmction of any public improvements or facilities, or the payment 2^ 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 Govemment Code 25 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 26 with all requirements of law. 27 28 PC RESO NO. 7002 6 1 Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 2 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 3 and costs, including court costs and attomey's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Coastal Development 4 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 y survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 8 6. Developer shall submit to the Planning Division a reproducible 24" x 36," mylar copy of 9 the Site Plan reflecting the conditions approved by the final decision-making body. 10 7. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing 11 format (including any applicable Coastal Commission approvals). 12 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to ^ that Plan prior to the issuance of building permits. 9. This approval is granted subject to the approval of RP 12-28, CUP 13-04, and CDP 12- 25 28 (R-3) and is subject to all conditions contained in Planning Commission Resolutions No. 7001, 7003, and 7004 for those other approvals incorporated herein by reference. 16 10. This approval shall become null and void if building permits are not issued for this 17 project within 24 months from the date of project approval. 18 11. Prior to the issuance of building permits, the applicant shall apply for and obtain a grading permit issued by the City Engineer. 19 12. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 20 #17, the License Tax on new constmction 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 22 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 23 approval will not be consistent with the General Plan and shall become void. 24 25 26 27 28 PC RESO NO. 7002 21 1 NOTICE 2 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." 4 5 You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Govemment Code Section 6 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 7 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 8 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 9 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 10 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. 24 25 26 27 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, Califomia, held on July 17,2013, by the following vote, to wit: 11 12 13 14 15 .. AYES: Chairperson Siekmann, Commissioners Anderson, Black, 16 L'Heureux, Schumacher and Segall 17 NOES: ABSENT: Commissioner Scully ABSTAIN: 20 22 ^^\^^^^ Sai^o,,AiU^ KERRY K. SIEKMANN, Chairperson 23 CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner 28 PC RESO NO. 7002 1 PLANNINC COMMISSION RESOLUTION NO. 7003 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW FOR THE 4 CONSTRUCTION OF A 22 SPACE PARKING LOT TO SERVE A RESTAURANT AND MICROBREWERY ON PROPERTY 5 GENERALLY LOCATED 3056 CARLSBAD BOULEVAIO) IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: BLUEWATER CASE NO: CUP 13-04 ("the Property"); and WHEREAS, Buck Thompson, "Developer," has filed a verified application with 9 the City of Carlsbad regarding property owned by The Blue Family Trust, "Owner," described 10 as 11 Lot 111 of Terramar Unit No. 4 in the City of Carlsbad, in the County of San Diego, State of California, according to map 12 thereof No. 3312, filed in the Office of the County Recorder of San Diego County on October 14,1955 14 25 WHEREAS, said verified application constitutes a request for a Conditional Use 16 Permit as shown on Exhibits "A" -- "N" dated July 17, 2013, on file in the Plarming Division, 17 BLUEWATER - CUP 13-04, as provided by Chapter 21.42 and/or 21.50 of the Carlsbad 18 Municipal Code; and 19 WHEREAS, the Planning Commission did, on July 17, 2013, hold a duly noticed 20 public hearing as prescribed by law to consider said request; and WHEREAS, al 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 CUP. 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. 21 22 23 24 25 26 27 28 fS 1.. B) That based on the evidence presented at the public hearing, the Commission 2 APPROVES BLUEWATER - CUP 13-04, based on the following findings and subject to the following conditions: 3 4 5 6 13 20 21 Findings: (Note: These findings are not applicable to 1st Amendment uses; see Section 21.42.030.B) 1. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the general plan, including, y if applicable, the certified local coastal program, specific plan or master plan, in that the proposed parking lot will be providing all of the required parking for a restaurant and microbrewery which is a desirable community use located in the Village boundaries on the adjacent property to the west. Furthermore, per Village 9 Implementing Policy C.1 of the General Plan Land Use element, the parking lot supports in providing a commercial and tourist serving use in the Village, especially 10 close to the beach. 11 The parking lot is consistent with the RH Local Coastal Program Designation in that the underlying R-3 implementing zone allows for the development of a parking 12 lot with the approval of a Conditional Use Permit if the adjacent lot is zoned for commercial uses. The adjacent lot to the west is zoned Village Review (V-R) which allows for commercial uses and the adjacent lots to the north and east are zoned Tourist Commercial (C-T). Furthermore, the proposed parking lot is consistent with the Mello II segment of the Local Coastal Program in that it will not obstruct 25 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 16 currently exist on the site, nor are there any sensitive resources located on the property. The project site is not located in an area of known geologic instability or 17 flood hazard. The site is located in close proximity to the coast, but no public opportunities for coastal shoreline access are available from the subject site. The 18 site is not suited for water-oriented recreation activities. 19 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located in that parking lots are permitted in the R-3 zone if the property they are located on abuts a commercially zoned property. The adjacent property to the west is zoned Village Review, District 9, which allows for commercial uses. The surrounding properties containing multi- 22 family residential uses will not be affected by the development of a parking lot in that the parking lot will be surrounded by a perimeter six-foot tall wall and 23 conditioned so that any lighting will be installed so as to not produce any light or glare impacts on adjacent homes or property. 24 That the site for the proposed conditional use is adequate in size and shape to 25 accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the 26 City Planner, planning commission or city council, in order to integrate the use with other uses in the neighborhood, in that the 8,150 square foot parking lot can accommodate 27 the 22 parking spaces, landscaping, and six-foot tall split-face CMU block wall. 28 PC RESO NO. 7003 -2- 1.. That the street system serving the proposed use is adequate to properly handle all traffic 2 generated by the proposed use, in that the parking lot is provided access from Carlsbad Boulevard, which is currently operating at an acceptable level of service. 3 The 350 average daily trips associated with this proposed restaurant and microbrewery that the parking lot will be serving can be accommodated by the 4 existing street system. 22 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: 9 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit. 10 If any of the following conditions fail to occur, or if they are, by their terms, to be 11 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 12 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 1 ^ 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 ^4 conditions or seek damages for their violation. No vested rights are gained by Developer J ^ or a successor in interest by the City's approval of this Conditional Use Permit. 2^ 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use Permit documents, as necessary to make them 27 intemally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, 18 different from this approval, shall require an amendment to this approval. 19 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. 20 If any condition for construction of any public improvements or facilities, or the payment 21 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 2^ invalid unless the City Council determines that the project without the condition complies with all requirements of law. 24 Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 25 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 26 and costs, including court costs and attomey's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, 27 (b) City's approval or issuance of any permit or action, whether discretionary or 28 PC RESO NO. 7003 1 nondiscretionary, in connection with the use contemplated herein, and 2 (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 3 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 4 approval is not validated. 5 6. Developer shall submit to the Planning Division a reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by the final decision-making body. 6 y 7. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing g format (including any applicable Coastal Commission approvals). 9 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 10 that Plan prior to the issuance of building permits. 11 9. This approval is granted subject to the approval of RP 12-31 and CDP 12-28 and is subject to all conditions contained in Planning Commission Resolutions No. 7001, 7002, 12 and 7004 for those other approvals incorporated herein by reference. 1 10. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 25 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 26 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 17 facilities will continue to be available until the time of occupancy. 18 12. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 19 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 20 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 21 approval will not be consistent with the General Plan and shall become void. 22 13. Prior to the issuance of the building permit, Developer shall submit to the City a Notice 23 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 24 Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Conditional Use Permit by Resolution No. 7003 on the property. Said 25 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 26 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 27 said notice upon a showing of good cause by the Developer or successor in interest. 28 PC RESO NO. 7003 -4- 1.. 14. CUP 13-04 shall be reviewed by the City Planner annually to determine if all conditions 2 of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health, safety and general welfare. If the City 3 Planner determines that: 1) the Conditional Use Permit was obtained by fraud or misrepresentation; or 2) the use for which such approval was granted is not being 4 exercised; or 3) the Conditional Use Permit is being or recently has been exercised contrary to any of the terms or conditions of approval or the conditions of approval have not been met; or 4) the use for which such approval was granted has ceased to exist or has been suspended for one year or more; or 5) the use is in violation of any statute, ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is being or has been so exercised as to be detrimental to the public health, safety or welfare or so as to constitute a nuisance, the City Planner shall recommend that the Planning g Commission hold a public hearing and after providing the permittee the opportunity to be heard, the Planning Commission may revoke and terminate the Conditional Use Permit in 9 whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose new conditions. 10 15. This Conditional Use Permit is granted without an expiration date. This permit may be 11 revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect on surrounding land uses and the public's health and welfare, or the 12 conditions imposed herein have not been met. 16. No outdoor storage of materials shall occur onsite unless required by the Fire Chief When so required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner of an Outdoor Storage Plan, and thereafter comply with the approved plan. 14 15 16 17. Developer shall submit and obtain City Planner approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect dovmward and avoid 17 any impacts on adjacent homes or property. 18 Code Reminders: 19 18. 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 20 permit issuance, except as otherwise specifically provided herein. 21 19. Any signs proposed for this development shall at a minimum be designed in conformance 22 with the City's Sign Ordinance and shall require review and approval of the City Planner prior to installation of such signs. 23 24 25 26 27 28 PC RESO NO. 7003 1 2 3 4 5 6 NOTICE NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, Califomia, 92008, within ten (10) calendar days of the date of the Planning Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. 7 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." 9 You have 90 days from date of final approval to protest imposition of these fees/exactions. If 2Q you protest them, you must follow the protest procedure set forth in Govemment Code Section 66020(a), and file the protest and any other required information with the City Manager for 2 2 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 12 annul their imposition. 13 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, 14 zoning, grading, or other similar application processing or service fees in cormection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a 15 NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 16 ^ 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 7003 1 2 3 4 5 6 7 8 9 10 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, Califomia, held on July 17, 2013 by the following vote, to wit: AYES: . Chairperson Siekmaim, Commissioners Anderson, Black, L'Heureux, Schumacher and Segall NOES: ABSENT: Commissioner Scully ABSTAIN: 11 KERRY K, SIEKMANN, Chairperson CARLSBAD PLANNING COMMISSION 12 " ATTEST 14 15 16 DON NEU City Planner 17 " 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 7003 -7- 1 PLANNING COMMISSION RESOLUTION NO. 7004 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT CDP 12-28 TO ALLOW 4 FOR THE CONSTRUCTION OF A PARKING LOT ON PROPERTY GENERALLY LOCATED AT 3056 CARLSBAD BOULEVARD IN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: BLUEWATER CASE NO: CDP 12-28 5 6 7 8 9 10 n „ Those Portions of Tract 100 of Carlsbad Lands, in the City of 12 Carlsbad, County of San Diego, State of California, according to Map thereof No. 1661, filed in the Office of the County Recorder of San Diego, March 1,1915 WHEREAS, Buck Thompson, "Developer," has filed a verified application with the City of Carlsbad regarding property ovmed by The Blue Family Tmst, "Ovmer," described as 13 14 15 16 17 18 19 20 21 22 WHEREAS, at said public hearing, upon hearing and considering all testimony 23 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 24 relating to the CoEistal Development Permit. 25 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 26 Commission of the City of Carlsbad, as follows: 27 A) That the above recitations are tme and correct. 28 ("the Property"); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shovm on Exhibits "A" - "N" dated July 17, 2013, attached hereto and on file in the Carlsbad Planning Division, BLUEWATER - CDP 12-28, as provided in Chapter 21.81.040 ofthe Carlsbad Municipal Code; and WHEREAS, the Plarming Commission did, on July 17, 2013, hold a duly noticed public hearing as prescribed by law to consider said request; and 1 B) That based on the evidence presented at the public hearing, the Commission 2 APPROVES BLUEWATER - CDP 12-28., based on the following findings and subject to the following conditions 3 4 7 Findings: 1. That the proposed development is in conformance with the Certified Local Coastal 5 Program and ail applicable policies in that the development consists of the constmction of a parking lot to serve a new restaurant and microbrewery which is consistent ^ with the Mello II Land Use Plan designation of RH in that the underlying R-3 implementing zone allows for the development of a parking lot with the approval of a Conditional Use Permit if the adjacent lot is zoned for commercial uses. The g adjacent lot to the west is zoned Village Review (V-R) which allows for commercial uses and the adjacent lots to the north and east are zoned Tourist Commercial (C- 9 T). The proposed parking lot is compatible with the surrounding development of motels, restaurants, and multi-family residential. The proposed parking lot will not 10 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 11 currently exist on the site, nor are there any sensitive resources located on the property. In addition, the proposed parking lot is not located in an area of known 12 geologic instability or flood hazards. Since the site does not have frontage along the coastline, no public opportunities for coastal shoreline access are available from the 1^ subject site. Further, the residentially-designated site is not suited for water oriented recreation activities. 14 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 ^ ^ ofthe Coastal Act in that the project is not located adjacent to the shore and therefore Jg the project will not interfere with the public's right to physical access to the sea and the site is not suited for water-oriented recreational aictivities. 17 The project is consistent with the provisions of the Coastal Resource Protection Overlay 2g 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 19 Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil 20 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, 21 floods, or liquefaction. 22 4. The project site is not located in the Coastal Agricultural Overlay Zone, according to Map X of the Land Use Plan certified September 1980, and therefore is not subject to the 23 provisions of the Coastal Agricultural Overlay Zone (Chapter 21.202 of the Zoning Ordinance). 24 The project is not located between the sea and the first public road parallel to the sea and 25 therefore is not subject to the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance). 26 27 6. 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 28 PC RESO NO. 7004 -2- 1 ordinances. The project includes elements or has been conditioned to constmct or 2 provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational 3 facilities; libraries; govemment administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. 4 Specificedly, 5 a. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. o y b. All necessary public improvements have been provided or are required as conditions of approval. g 7. The Plaiming Commission has reviewed each of the exactions imposed on the Developer 9 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 10 degree of the exaction is in rough proportionality to the impact caused by the project. 11 Conditions; 12 General 13 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a grading permit. 14 1. If any of the following conditions fail to occur, or if they are, by thek terms, to be implemented and maintained over time, if any of such conditions fail to be so Jg 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 jy future building pennits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the lg 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 19 or a successor in interest by the City's approval of this Coastal Development Permit. 20 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit documents, as necessary to make 21 them intemally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed 22 development, different from this approval, shall require an amendment to this approval. 23 Developer shall comply with all applicable provisions of federal, state, and local laws and 2^ regulations in effect at the time of building permit issuance. 4. If any condition for constmction of any public improvements or facilities, or the payment 2^ of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project 2g are challenged, this approval shall be suspended as provided in Govemment Code Section 66020. If any such condition is determined to be invalid, this approval shall be 27 invalid unless the City Council determines that the project without the condition complies with all requirements of law. 28 PC RESO NO. 7004 -3- 1 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 2 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 3 and costs, including court costs and attomey's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Coastal Development 4 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, g 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 y survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 8 6. Developer shall submit to the Planning Division a reproducible 24" x 36," mylar copy of 9 the Site Plan reflecting the conditions approved by the final decision-making body. 10 7. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing 11 format (including any applicable Coastal Commission approvals). 12 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. 14 9. This approval is granted subject to the approval of RP 12-28, CUP 13-04, and CDP 12- 25 28 and is subject to all conditions contained in Planning Commission Resolutions No. 7001,7002, and 7003 for those other approvals incorporated herein by reference. 16 10. This approval shall become null and void if building permits are not issued for this 17 project within 24 months from the date of project approval. 18 11. Prior to the issuance of building permits, the applicant shall apply for and obtain a grading permit issued by the City Engineer. 19 12. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 20 #17, the License Tax on new constmction 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 22 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 23 approval will not be consistent with the General Plan and shall become void. 24 • • • 25 26 27 28 PC RESO NO. 7004 -4- 21 NOTICE TO APPLICANT 1 2 .. An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad 3 Village Drive, Carlsbad, Califomia, 92008, within ten (10) calendar days of the date of the Planning Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 4 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Coimcil ^ must make a determination on the appeal prior to any judicial review. 6 NOTICE y 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 g "fees/exactions. 9 You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Govemment Code Section 10 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 11 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 12 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 25 NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 16 " 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 7004 -5- 1 2 3 4 5 6 7 8 9 10 PASSED, APPROVED, AND ADOPTED at a regular meeting of die Planning Commission of the City of Carlsbad, Califomia, held on July 17, 2013, by the following vote, to wit: AYES: Chairperson Siekmann, Commissioners Anderson, Black, L'Heureux, Schumacher and Segall NOES: ABSENT: Commissioner Scully ABSTAIN: 11 KERRY K. SIEKMANN, Chairperson CARLSBAD PLANNING COMMISSION 12 13 14 15 ATTEST: DON NEU 16 City Planner 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 7004 -6- EXHIBIT 4 The City of Garlsbad Planning Division A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: July 17,2013 Application complete date: April 15, 2013 Project Planner: Austin Silva Project Engineer: Steve Bobbett SUBJECT: RP 12-31/CDP 12-28/CUP 13-04 - BLUEWATER - Request for a recommendation of approval of a Major Review Permit and Coastal Development Permit, and approval of a Conditional Use Permit and Coastal Development Permit to allow for the demolition of all existing stmctures on site and the constmction of a 6,637 gross square foot restaurant with a microbrewery and 22 space parking lot on the property located at 3056 Carlsbad Boulevard in Land Use District 9 of the Village Review Zone and the R-3 zone in Local Facilities Management Zone 1. The project qualifies as a CEQA Guidelines Section 15332 (In-Fill Development Projects) Class 32 Categorical Exemption. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 7001 and 7002 RECOMMENDING APPROVAL of RP 12-31 and CDP 12-28 (for property located in the V- R zone and Village segment of the Local Coastal Program) to the City Council, and ADOPT Planning Commission Resolutions No. 7003 and 7004 APPROVING CUP 13-04 and CDP 12- 28 (for property located in the R-3 zone and Mello II segment of the Local Coastal Program) based on the findings and subject to the conditions contained therein. II. INTRODUCTION The project site is comprised of 2 lots including: one .42 acre lot located along Carisbad Village Drive, which is located in the Village (V) Review zone and one .187 acre lot to the east which is located in the R-3 zone. The proposed restaurant and brewery building is located in the Village (V) Review zone and the proposed parking lot is located in the R-3 zone. Accordingly, that portion ofthe property located in the Village (V) Review zone requires the approval of a Major (Village) Review Permit and a Village Coastal Development Permit (CDP) by the City Council and that portion of the property located in the R-3 zone requires the approval of a Conditional Use Permit and a Coastal Development Permit by the Planning Commission. Rather than processing two separate Coastal Development Permits, this project includes only one Coastal Development Permit (CDP 12-28) application but has two separate Planning Commission Resolutions; one approving the CDP for the parking lot and one recommending approval of the restaurant and brewery by the City Council. There are no unresolved issues and staffs recommendation of approval with conditions is supported by the following analysis. RP 12-31/CDP 12-28/CUP 13-04 - BLUEWATER July 17,2013 Page 2 : , _ III. PROJECT DESCRIPTION AND BACKGROUND The proposed project consists of a request for a Major Review Permit, Coastal Development Permit, and Conditional Use Permit to demolish all existing buildings and constmct a 6,637 gross square foot restaurant with a microbrewery and parking lot. Proiect Site/Setting The project is located at 3056 Carlsbad Boulevard, on the east side of the street, north of Pine Avenue and south of Oak Avenue as shown on the attached location map. There are two properties involved with this project; one located along Carlsbad Boulevard in the V-R zone (District 9) with a Village (V) General Plan Land Use designation totaling 10,041 square feet, and the other located to the east in the R-3/Beach Area Overlay zone with a Residential High (RH) General Plan Land Use designation totaling 8,150 square feet. Together the properties total 18,191 square feet, or .42 acres. Both properties are under the same ovmership. The property located in the V-R zone is accessed through a driveway off Carlsbad Boulevard, which also provides access to the R-3 zoned lot to the east. The property contains a one-story commercial building and a one-story residential building that straddles the property lines of both lots. There are several other one-story multi-family residential buildings on the eastem R-3 lot. All stmctures are proposed to be demolished. The site is bordered by a Best Westem motel and a multi-family residential building to the south, the Surf Motel to the north, multi-family residential to the east, and the Harbor Fish Cafe and Offshore Surf Shop are located across Carisbad Boulevard to the west. Proposed Constmction The applicant is proposing to constmct a 30 foot tall, two-story, 6,637 gross square foot restaurant and microbrewery on the V-R zoned lot and a 22 space surface parking lot on the eastem R-3 zoned lot. Both properties will be accessed by a 20' wide driveway that intersects with Carlsbad Boulevard. The first floor of the proposed restaurant and microbrewery consists of the main dining room, bar, kitchen facilities, brewing tanks, restrooms, and a patio facing Carisbad Boulevard. The second floor is comprised of an additional dining area and bar, an office, restrooms, and a balcony dining area with ocean views to the west. There is also a basement storage area that houses additional beer tanks and the plumbing and mechanical equipment room. The building takes on a beach cottage architectural style with the use of various design features. Horizontal "heather green" colored lap siding is used as the primary building material with "light tone green" colored smooth stucco integrated throughout various portions of the building. The recessed windows are either casement or double hung types with detailing around them. Glass, roll-up garage-style doors are used throughout the building to allow fresh breezes into the restaurant and provide an open feeling. Architectural detailing such as pitched slate tile roofs, wood brackets, decorative light fixtures, and a stone veneer planter with decorative railings are incorporated into the building design. A six-foot high, split-face CMU wall will surround the trash enclosure and the perimeter of the proposed parking lot and a six-foot high decorative fence will extend along the north and south property lines ofthe lot that the restaurant is located on. The drive aisle is surfaced with colored concrete paving with decorative concrete paver inlays leading to the parking area that utilizes a colored concrete pervious paving system. RP 12-31/CDP 12-28/CUP 13-04 - BLUEWATER July 17, 2013 Page 3 IV. ANALYSIS The proposed project is subject to the following ordinances, standards and policies: A. Village (V) General Plan Land Use designation; B. Residential High (RH) General Plan Land Use designation; C. Village Review Zone (CMC Chapter 21.35), District 9 (Village Master Plan and Design Manual); D. Multiple-Family Residential Zone (R-3, CMC Chapter 21.16) and Beach Area Overiay Zone (BAOZ, CMC Chapter 21.82); E. Conditional Use Permit Regulations (CMC Chapter 21.42); F. Coastal Development Regulations for the Village Segment of the Local Coastal Program (CMC Chapter 21.81 and Village Master Plan and Design Manual) and the Mello II Local Coastal Program (CMC Chapter 21.201); and G. Growth Management Ordinance (CMC Chapter 21.90) and Zone 1 Local facilities Management Plan. The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable regulations and policies. The project's compliance with each of the above regulations and policies is discussed in the sections below. A. Village (V) General Plan Land Use designation The General Plan Land Use designation for the westem lot located along Carlsbad Boulevard is Village (V). The Carlsbad General Plan includes the following goals for the Village: 1) a City which preserves, enhances and maintains the Village as a place for living, working, shopping, recreation, civic and cultural functions while retaining the Village atmosphere and pedestrian scale; 2) a City which creates a distinct identity for the Village by encouraging activities that traditionally locate in a pedestrian-oriented downtown area, including offices, restaurants, and specialty shops; 3) a City which encourages new economic development in the Village and near transportation corridors to retain and increase resident-serving uses; and 4) a City that encourages a variety of complementary uses to generate pedestrian activity and create a lively, interesting social environment and a profitable business setting. The proposed project is consistent with the goals for the Village, as outlined within the General Plan, because it provides a restaurant and microbrewery use in an appropriate location (Tourism Support Area Land Use District No. 9) within the Village. This in tum serves to enhance the area as a tourist district by providing additional dining and employment opportunities. By providing more commercial opportunities, the project helps to create a lively, interesting social environment, which offers the necessary customer base to attract complementary uses. The project reinforces the pedestrian-orientation desired for the dovmtovm area by providing the residents and tourists an opportunity to walk to restaurants and mass transit functions. The projects proximity to existing bus routes and mass transit will help to further the goal of providing new economic development near transportation corridors. Furthermore, the project will provide a strong street presence with extensive architectural relief, landscaping and visually subordinate parking. Overall, the new restaurant and microbrewery will enhance the Village as a place for living, visiting, and working. RP 12-31/CDP 12-28/CUP 13-04 - BLUEWATER July 17, 2013 Page 4 B. Residential High Density (RH) General Plan Land Use Designation The General Plan Land Use designation for the eastem lot on the property is Residential High (RH). The proposed parking lot is consistent with the RH General Plan Land Use designation in that the underlying R-3 implementing zone allows for the development of a parking lot with the approval of a Conditional Use Permit if the adjacent lot is zoned for commercial uses. The adjacent lot to the west is zoned V-R which allows for commercial uses and the adjacent lots to the north and east are zoned Tourist Commercial (C-T). Notwithstanding the above, the RH Land Use designation allows for the development of two- family and multiple-family residential units within a density range of 15 - 23 dwelling units per acre (du/ac) and at a Growth Management Control Point (GMCP) density of 19 du/ac. At the RH GMCP, 3.5 dwelling units would be permitted on this 0.187 acre property. The proposed parking lot includes zero (0) dwelling units, and is therefore 3.5 dwelling units below the GMCP of 19 du/ac. The GMCP is used for the purpose of calculating the City's compliance with Govemment Code Section 65863. However, consistent with Program 3.8 of the City's certified Housing Element, all of the dwelling units, which were anticipated toward achieving the City's share ofthe regional housing needs that are not utilized by developers in approved projects, will be deposited in the City's Excess Dwelling Unit Bank. This project will deposit 3.5 dwelling units into the Excess Dwelling Unit Bank and these excess dwelling units are then available for allocation to other projects. Accordingly, there is no net loss of residential unit capacity and there are adequate properties identified in the Housing Element allowing for residential development with a unit capacity, including second dwelling units, adequate to satisfy the City's share of the regional housing need. C. Village Review Zone (CMC Chapter 21.35), District 9 (Village Master Plan and Design Manual) In District 9 of the Village Review zone, a restaurant is a permitted use, and a microbrewery is not listed in the land use table of the Village Master Plan and Design Manual. However, all land uses which are not expressly prohibited in the land use table, shall be an accessory use, which must be approved through the Village Review permit process. The microbrewery is considered an accessory use to the permitted restaurant use for the proposed development. The proposed project meets or exceeds the development standards of the Village Review Zone and District 9 with the approval of the proposed side-yard setback standards modification by the City Council as shovm in Table A below. Please note that parking in the Village is based upon net square footage rather than gross square footage. Net square footage means that area which remains after square footage of spaces that do not generate parking demand are removed from the calculation of total square footage of floor space of a building. Spaces which do not generate parking demand include, but are not limited to, restrooms, stairwells, elevators, walkways, and similar space. RP 12-31/CDP 12-28/CUP 13-04 - BLUEWATER July 17, 2013 Page 5 TABLE A - VILLAGE REVIEW - DISTRICT 9 DEVELOPMENT STANDARDS STANDARD REQUIRED/ALLOWED PROPOSED Front Yard Setback 5-20 Feet 8 Feet *Side Yard Setback 5-10 Feet 22 Feet (North) & 1.5 Feet (South; * Standards Modification) Rear Yard Setback 5-10 Feet 11 Feet Max Building Height 45 Feet w/5:12 roof pitch 30 Feet w/5:12 roof pitch Lot Coverage 60-80% 50% Parking Restaurant: 20 spaces (1 space per 100 square feet of net floor area) (1,985 square feet of net floor area). Microbrewery: 2 spaces (1 space per 300 square feet of net floor area) (332 square feet of net floor area). Restaurant: 20 spaces Microbrewery: 2 spaces Open Space 20% 27% •Setback Standard Modification The Village Master Plan and Design Manual allows the City Council to approve development standards modifications for projects that assist the Council in meeting the goals and objectives set forth within the Village Master Plan and Design Manual. The Village Master Plan and Design Manual includes the following goals for the Village: 1) Establish Carisbad Village as a quality shopping, working and living environment; 2) Improve the pedestrian and vehicular circulation in the Village Area; 3) Stimulate property improvements and new development in the Village; 4) Improve the physical appearance of the Village area; and 5) Provide signage which is supportive of commercial vitality and a unique Village image. The applicant is requesting a standard modification for the south side yard setback from five (5) feet to one and a half (1.5) foot because of the width of the lot. The lot is 63 feet wide, and the required 20 foot wide driveway, four feet of landscaping along the north of the building and five (5) foot side yard setback would result in a limited interior restaurant space when stairwells, elevator shafts, and "back of house" operations are accounted for. Additionally, the reduced south side yard setback only occurs along 65% of the length of the building. The proposed restaurant and microbrewery helps the Council meet the goals and objective ofthe Villager Master Plan and Design Manual by providing a tourist serving use within District 9 of the Village Review zone. This will allow patrons of the nearby lodging, beachgoers, and residents ofthe Village and beach community to be within walking distance of dining with ocean views. The redevelopment of this site will better utilize the site at a prime location with an attractively designed building. This will assist spurring additional development or improvements to properties nearby. Signage is not proposed at this time for the project; however, all signage shall be consistent with the Village Master Plan which allows for different sign types to meet the needs of businesses. RP 12-31/CDP 12-28/CUP 13-04 - BLUEWATER July 17, 2013 Page 6 D. Multiple-Family Residential Zone (R-3) and Beach Area Overlay Zone (BAOZ) The proposed project is required to comply with all applicable use and development standards of the Carisbad Municipal Code (CMC) including the R-3 Zone (CMC Chapter 21.16) and the BAOZ regulations (CMC Chapter 21.82) since the proposed parking lot will be in the R-3 and Beach Area Overlay zones. The R-3 zone allows for a parking lot with the approval of a Conditional Use Permit (CUP) if the proposed parking lot site is located adjacent to a commercially zoned lot. The adjacent lot to the west is zoned Village Review (V-R) which allows for commercial uses and the lots to the north and east are zoned Tourist Commercial (C-T). The BAOZ and R-3 zones have no other development standards that are applicable to this development because there are not any proposed stmctures associated with the development of the parking lot. E. Conditional Use Permit Regulations (CMC Chapter 21.42) The proposed parking lot is a use which is allowed in the R-3 zone subject to the approval of a CUP. Chapter 21.42 ofthe Carlsbad Municipal Code requires that four findings be made in order to approve a conditional use permit. All of these findings can be made for this project as discussed below: 1. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the general plan, including if applicable, the certified local coastal program, specific plan or master plan in that the proposed parking lot will be providing all of the required parking for a restaurant and microbrewery which is a desirable community use located in the Village boundaries on the adjacent property to the west. Furthermore, per Village Implementing Policy Cl of the General Plan Land Use element, the parking lot supports in providing a commercial and tourist serving use in the Village, especially close to the beach. The parking lot is consistent with the RH Local Coastal Program Designation in that the underlying R-3 implementing zone allows for the development of a parking lot with the approval of a Conditional Use Permit if the adjacent lot is zoned for commercial uses. The adjacent lot to the west is zoned Village Review (V-R) which allows for commercial uses and the adjacent lots to the north and east are zoned Tourist Commercial (C-T). Furthermore, the proposed parking lot is consistent with the Mello II segment of the Local Coastal Program in that it will not obstmct 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. The project site is not located in an area of knovm geologic instability or flood hazard. The site is located in close proximity to the coast, but no public opportunities for coastal shoreline access are available from the subject site. The site is not suited for water-oriented recreation activities. 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located in that parking lots are permitted in the R-3 zone if the property they are located on abuts a commercially zoned property. The adjacent property to the west is zoned Village Review, District 9, which allows for RP 12-31/CDP 12-28/CUP 13-04 - BLUEWATER July 17,2013 Page 7 commercial uses. The surrounding properties containing multi-family residential uses will not be affected by the development of a parking lot in that the parking lot will be surrounded by a six foot tall perimeter wall and conditioned so that any lighting will be installed so as to not produce any light or glare impacts on adjacent homes or property. 3. That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the city planner, planning commission or city council, in order to integrate the use with other uses in the neighborhood in that the proposed 8,150 square foot parking lot can accommodate the 22 parking spaces, landscaping, and six-foot tall split-face CMU block wall. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that the parking lot is provided access from Carlsbad Boulevard, which is currently operating at an acceptable level of service. The 350 average daily trips associated with the proposed restaurant and microbrewery that the parking lot will be serving can be accommodated by the existing street system. F. Coastal Development Regulations for the Village Segment of the Local Coastal Program (CMC Chapter 21.81 and Village Master Plan and Design Manual and the Mello II Local Coastal Program (CMC Chapter 21.201) The proposed restaurant and brewery portion of the project is located within the Village Segment of the Coastal Zone. Consistency with the Village Local Coastal Program is required for this portion of the project. The Village Master Plan and Design Manual function as the Local Coastal Program for the Village area. The proposed restaurant and microbrewery is consistent with the Village Master Plan and Design Manual as previously discussed in section "C" of this staff report. The proposed restaurant and microbrewery is consistent with the surrounding development of motels, restaurants, and multi-family residential. The proposed parking lot portion of this project is located within the Mello II Local Coastal Program segment. The parking lot is consistent with the RH Local Coastal Program Designation in that the underlying R-3 implementing zone allows for the development of a parking lot with the approval of a Conditional Use Permit if the adjacent lot is zoned for commercial uses. The adjacent lot to the west is zoned Village Review (V-R) which allows for commercial uses and the adjacent lots to the north and east are zoned Tourist Commercial (C-T). The proposed parking lot is compatible with the surrounding development of motels, restaurants, and multi-family residential. Furthermore, staff finds the proposed project to be consistent with the Village and Mello II segments of the Local Coastal Program in that views of the coastiine, as seen from public lands or the public right-of-way, will not be obstmcted by the proposed project, 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. The project site is not located in an area of known geologic instability or flood hazard. Although the site is located in close proximity to the coast, no public opportunities for coastal shoreline access are available from the public site. Furthermore, the site is also not suited for water-oriented recreation activities. RP 12-31/CDP 12-28/CUP 13-04 - BLUEWATER July 17, 2013 Page 8 G. Growth Management The proposed project is located within Local Facilities Management Zone 1 in the northwest quadrant ofthe city. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in Table B below. TABLE B - GROWTH MANAGEMENT COMPLl [ANCE STANDARD IMPACTS COMPLIANCE City Administration N/A N/A Library N/A N/A Waste Water Treatment 3.7 EDU Yes Parks N/A N/A Drainage 2 CFS Yes Circulation 350 ADT Yes Fire Station No. 1 Yes Open Space N/A N/A Schools N/A N/A Sewer Collection System 3.7 EDU Yes Water 1527 GPD Yes The proposed project is 3.5 units below the Growth Management unit yield for this RH designated property. Consistent with the General Plan and Policy No. 43, 3.5 DU will be deposited into the City's excess dwelling unit bank. V. ENVIRONMENTAL REVIEW The project qualifies as a CEQA Guidelines Section 15332 (In-Fill Development Projects) Class 32 Categorical Exemption. The project is consistent with the General Plan as well as with the Zoning Ordinance, the project site is within the City limits, is less than 5 acres in size, and is surrounded by urban uses; there is no evidence that the site has value as habitat for endangered, rare, or threatened species; approval of the project will not result in significant effects relating to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and public services. The project is exempt from further environmental documentation pursuant to Section 15332 ofthe State CEQA guidelines. A Notice of Exemption will be filed by the City Planner upon final project approval. ATTACHMENTS; 1. Planning Commission Resolution No. 7001 (RP) 2. Planning Commission Resolution No. 7002 (CDP) 3. Planning Commission Resolution No. 7003 (CUP) 4. Planning Commission Resolution No. 7004 (CDPXR-3) 5. Location Map 6. Background Data Sheet 7. Local Facilities Impact Assessment Form 8. Disclosure Statement 9. Reduced Exhibits 10. Exhibits "A" - "N" dated July 17, 2013 CASE NO: BACKGROUND DATA SHEET RP 12-31/CDP 12-28/CUP 13-04 CASE NAME: Bluewater APPLICANT: Buck Thompson REQUEST AND LOCATION: To allow for the demolition of all existing stmctures on site and the constmction of a 6,637 square foot restaurant with a microbrewerv and parking lot LEGAL DESCRIPTION: Lot 111 of Terramar Unit No. 4 in the Citv of Carlsbad, in the Countv of San Diego, State of Califomia, according to map thereof No. 3312, filed in the Office of the Countv Recorder of San Diego Countv on October 14, 1955. APN: 203-25-29 & 203-250-28 Acres: A2 Proposed No. of Lots/Units: N/A GENERAL PLAN AND ZONING Existing Land Use Designation: Village (V) & Residential High (RH) Proposed Land Use Designation; Village & Residential High Density Allowed: 23 du/ac Density Proposed: N/A Existing Zone: Village Review (V-R) & Multiple Familv Residential (R-3) Proposed Zone: V-R & R-3 Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site V-R & R-3 V&RH Commercial & Residential North V-R & C-T V&TR Motel & Multi-Family South V-R & R-3 V&RH Hotel & Multi-Family East C-T & R-3 TR&RH Multi-Family West V-R V Restaurant LOCAL COASTAL PROGRAM Coastal Zone: |3 Yes • No Local Coastal Program Segment: Village & Mello II Within Appeal Jurisdiction: • Yes ^ No Coastal Development Permit: ^ Yes • No Local Coastal Program Amendment: O Yes ^ No Existing LCP Land Use Designation: V & RH Proposed LCP Land Use Designation: V & RH Existing LCP Zone: V-R & R-3 Proposed LCP Zone: V-R & R-3 Revised 01/06 MM PUBLIC FACILITIES School District: Carisbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 3.7 EDU ENVIRONMENTAL IMPACT ASSESSMENT ^ Categorical Exemption, Section 15332 - In-fill development proiect I I Negative Declaration, issued I I Certified Environmental Impact Report, dated. I I Other, Revised 01/06 Mil? CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: Bluewater-RP 12-31/CDP 12-28/CUP 13-04 LOCAL FACILITY MANAGEMENT ZONE: i GENERAL PLAN: V/RH ZONfNG: Village (V) & R-3 DEVELOPER'S NAME: The Blue Familv Tmst ADDRESS: 2950 Ocean Street. Carlsbad, CA 92008 PHONE NO.: 760-729-5101 ASSESSOR'S PARCEL NO: 203-250-29 & 203-250-28 QUANTITY OF LAND USE/DEVELOPMENT (AC, SQ. FT., DU): 6,637 sq. ft. ESTIMATED COMPLETION DATE: Spring 2014 A. City Administrative Facilities: Demand in Square Footage = N/A B. Library: Demand in Square Footage = N/A C. Wastewater Treatment Capacity (Calculate with J. Sewer) 3.7 EDU D. Park: Demand in Acreage = N/A E. Drainage: Demand in CFS = 2 CFS Identify Drainage Basin = B (Identify master plan facilities on site plan) F. Circulation: Demand in ADT = 350 ADT (Identify Trip Distribution on site plan) G. Fire: Served by Fire Station No. = 1 H. Open Space: Acreage Provided = N/A I. Schools: N/A (Demands to be determined by staff) J. Sewer: Demands in EDU 3.7 EDU Identify Sub Basin = AA (Identify tmnk line(s) impacted on site plan) K. Water: Demand in GPD = 1527 GPD The proposed project is 3.5 units below the Growth Management unit yield for this RH designated property. Consistent with the General Plan and Policy No. 43, 3.5 DU will be deposited into the City's excess dwelling unit bank. C 3 DISCLOSURE Develooment Services STATEMENT Planning Division ^ CITYOF P-1(A) 1635 Faraday Avenue CARLSBAD P-1(A) (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual firm, co-partnership, joint venture, association, social club, fraternal organization, coiporation, estate, trust, receiver, syndicate, in this and any other counfy, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicanfs agent) Provide the COIVIPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person ^^^ry Blue/ Blue Family Trust corp/Part^ 162/3056 Carlsbad Blvd., LLC Title Trustee jjtie Partner Address 2950 Ocean St, Carlsbad, CA Address 2950 Ocean St, Carlsbad, CA 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of ail individuals owning more than 10% ofthe shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiciv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person ^Q^ry Blue/ Blue Family Trust Corp/Part ^ 162/3056 Carlsbad Blvd.. LLC Title Trustee Title Partner Address 2950 Ocean St, Carlsbad, CA Address 2950 Ocean St, Carlsbad, CA p-1 (A) Pagel of 2 Revised 07/10 NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit oraanization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust Title Title Address Address Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? • Yes No If yes, please indicate person(s):. NOTE: Attach additional sheets if necessary. Barry Blue for 3162/3056 Carlsbad Blvd LLC Print or type name of owner Bany Blue for 3162/3056 Carlsbad Blvd LLC Print or type name of applicant 12-21-12 Signature of ownerJjapplicant's agent if applicable/date Bucl< Thompson Print or type name of owner/applicant's agent p-1 (A) Page 2 of 2 Revised 07/10 PROJECT INFORMATION PROJECT DATA PROJECT PERMIT APPUCATIONS INDEX TO DRAWINGS 2 li APPLICANT; Biitrv J. Blu. and Mary T. Blue. Trust.es of the Blue Family Trust 3056 Carlsbaci Blvd. LLC 2950 Ocean Street Carlsbad. CA 92006 Barry Blue 2950 Ocean Street Carlsbad.CA 32006 DESIQNER/ APPLICANT REPRESENTATIVE: Pi Arc Design Buck Thompson 627 Bonair Way La Jolla. CA 92037 853-454-2720 / cell 856-336-8249 piarcdesign@sbcgtobal.net PROJECT NAME iAOORESS: Bluewater Micro-Brewery t Restaur 3056 Carlsbad Blvd. Carlsbad.CA 92008 SSESSOR I CEL «: 203-250-29-00 t 203-250-26-00 LEOAL DESCRIPTION: Those Portions of Tract 100 of Carlsbad Lands. in the City of Carlsbad. County of San Diego, State of California, according to Map there of No. 1661. filed in fhe Office of the County Recorder of San Diego PROPERTY AREA: GENERAL PLAN S LOCAL COASTAL PROGRAM LAND USE: ADDITIONAL REVIEW: BUILDING OCCUPANCY: CONSTRUCTION TYPE: NOTE: An NFPA 13 Fire occupant notification Fire The entire system shall be BUILDING COVERAQE: BUILDING AREAS: APN 203-250-29.00 Village V 10.041 sq. n. . ft. / 0.42 ac MOL APN 203-250-28-00 Residential High Rl 8.150 sq.ft. Dist. 9 Tourism Support Village Area Coastal Zone Beach Area Overlay BAO Restaurant Group / Sprinkler system. Back-Flo. Marm system in accordance designed and installed by . Prevention Device and a full vith NFPA 72 shall be installed. California State Licensed Fire 5.051 sq. n. • 28« (80 -100% allowable) 1915 WATER DISTRICT: SEWER DISTRICT: Carlsbad Munic 5950 El Camin< Carlsbad. CA VICINITY MAP AERIAL MAP Restaurant / Micro-Brewery - Qroas Area Basement 1.595 sq.ft. Main Floor 3.709 sq. ft. TOTAL GROSS 6,637 sq. ft. Restaurant - Net Area Basement Storage • Main Floor Dining Room • Main Floor Kitchen / Bar Main Floor Storage Main Floor Restroom & Access Main Floor Stairway & Elevator ' Upper Floor Dining Room • Upper Floor Kitchen/Bar Upper Floor Restroom & Access Upper Floor Storage Upper Floor Stairway & Elevator 520 sq. 948 sq. 625 sq 4S sq. 836 sq. 146 s 278 sq, TOTAL NET • NET TOTAL FOR PARKING 4,286 sq. 1-985 1 PARKINQ SPACE /100 sq. Micro-Brewerv - Net Area Basement Storage Basement Mechanical Basement Stairway & Elevator * Main Floor Main Floor Storage • Upper Floor yjppyf Flooi' storage TOTAL NET 1.865 sq. ft. 332 SQ. ft Otjtdopr Areas •; Gross Area Patio Dining Balcony Dining Balcony outdoor Are^s. 7 Net Area Patio Dining Balcony Dining Balcony 511 sq. n. 695 sq.ft. 167 sq.ft. 426 sq. ft. 628 sq.ft. 152 sq.ft. Major Village Review Pi Coastal Development P Conditional Use Permit apply to this Project: rmit RP 12-31 irmit CDP 12-28 CUP 13-04 PROJECT DESCRIPTION APN #203-250-29-00: Demolish 2,314 sq ft of existing primary structure and 780 sq ft of secondary structure. Removal of the existing and secondary structures will allow 60% of redevelopment to occur within the existing footprint of the primary structure and which shall be located toward the street frontage side of the property. The southern exterior wall of the new primary structure shall be located 1 -6" from the southern most property line of the property contained within APN #203-250-29-00. All site improvements, exterior finish wall materials, trim components and timber structures will be similar and compatible with existing adjacent structures. Roof coverings shall be Class "A" rated with sloped roof areas to be post consumer recycled synthetic slate shingle tiles and minimal flat roof areas shall be a waterproof membrane with gravel ballast surface. The new structure wil) prov'de a full service restaurant with on-site micro-brewery serving food and beverages in the interior dining and bar areas, with ancillary streetside patio and upper floor balcony for outside dining. Sanitary restroom facilities will be provided on both floor levels and in compliance with 2010 ADA Standards for Accessible Design. A stairway and elevator will be provided for access to the upper floor dining, restroom facilities and outdoor balcony areas. An access ramp shall be provided for sidewalk accessibility to the restaurant, balcony and patio dining areas. The micro-brewery is located within the new structure to facilitate and compliment the restaurant by having on.site salas. Any « through the restaurant with a micro-brew< the Upper Floor Level. APN #203-250-28-00: Demolish and remove 2.262 sq ft of existing habitable rental units and accessory storage structures (see Existing Site Plan) from the rear of the property to provide an improved parking area for restaurant patrons and landscaping. 22 on-site parking spaces are provided per Village Parking Requirements with parking as follows: 12 - standard parking spaces. 9 - compact parking spaces, and 1 - AOA 2010 standards for Accessible Design compliant Van Accessible parking space. lerty boundaries adjacent' CONDITIONS OF APPROVAL Major Village Review Perrr Coastal Development Perr Conditional Use Permit RP 12-31 CDP 12-28 CUP 13-04 '; NAME 'PRO JECT INFORMAWOT 'EXISTING SITE PLAN 1.1 iSITE DEVELOPMENT PLAN \ MAIN LEVEL FLOOR PLAN iUPPER LEVEL FLOOR PLAN ^BASEMENT FLOOR PLAN i ROOF 1 PARKING CALCUUVTiw A.S i NI3RTH t, WEST EXTERIOR ELEVATIONS i SOUTH i. EAST EXTERIOR ELEVATIONS SECTIONS LANDSCAPE CONCEPT PLAN lUkNDSIDAPE y^^^ ILANDSCAPE COLORED WATER USE PLAN C.1 iPREUMINARY GRADING PLAN PROJECT CONSULTANTS CIVIL ENGINEER: The Sea Bright Company Civil Enginear: Bob Sukup 4322 Seabright Place Carlsbad. CA 92008 760-720-0096 / cell 760-807-9096 LANDSCAPE PLANNING: Darsano Design Associates. Inc. Landscape Architect: Darsano Cun 5014 Mt. La Platta Dr. San Diego. CA 92117 856-541-2007 GEOTECHNICAL ENGINEER: B&B Engineering Geotechnical Engineer: Dennis Bea 1611-A South Melrose Drive #285 Vista. CA 92061-5471 Ph 760 945 3150 Fax 760 945 4221 CODE COMPLIANCE and all work) shall < This Project (including these pla following: Carlsbad General Plan and Zoning Carlsbad Village Master Plan and Development Standards Carlsbad Municipal Code As adopted ai 2010 Californi 2010 Californ 2010 Californi 2010 Californ 2010 Californi 2010 Califi 2010 Californi J amended by the City of Cartsbat Building Code Green Building Standards Code Building Energy Efficiency Stand; Mechanical Code Electrical Code Plumbing Code Fire Code 2010 ADA Standards for Aci 3 CD O O .5 ."i ™ f 1 CO < in ro ' 1 2: "* 3 in. OS: <n < PftOJECT NUMBER Bluetuatar - Restaurant 4 Micro-Breiueru 3056 CARLSBAD BLVD. CARLSBAD, CALIFORNIA <=\200a PROJECT INFORMATION & DATA CS BlU6lUat6r - Restaurant ^ MicrO'Breiuery sose CARLSBAD BLVD, CARLSBAD, CALIFORNIA ^2OO& z U ^ ILI < n 0. 3 1 n 0 «r 1 h ^2 > < IQ o m < PROJECT NUMBER EXISTING SITE PUN EX.1 (11 B\U€W3t€r - Restaurant ^ Micro-Sreiuery aose CARLSBAD BLVD, CARLSBAD, CALIFORNIA < n 3 , n ^ i> IC S tf> m; XT "a » 3 in, o£ tn < PftOJECT NUMBER 1110 SITE DEVELOPMENT PLAN A.1 GROSS FLOOR AREA CALCULATIONS: { BASEMEI^ / STORAGE 1.S95sq. It. GROSS MAIN FLOOR 3.7D9 «q. fl. GROSS UPPER FLOOR 1.333 sq. ft GROSS TOTAL 6.S37 sq. fl. GROSS OUTDOOR PATIO DINII40 511 s<).tl. GROSS OUTDOOR BALCONY DINING 695 sq.ft. GROSS OUTDOOR BALCONY 167 sq.fL GROSS CUMULATIVE CALCULATIONS FOR PROPERTY & BUILDING COVERAGE AGGREGATE TOTAL PROPERTV SIZE TOTAL BUILDING SITE COVERAGE: TOTAL PERCENTAGE OF LOT COVERAGE: 18.191 SQ.FT. I 0.42 AC MOL 5.0S1 SQ. FT. 2e% CUMULATIVE CALCULATIONS FOR OPEN SPACE AREA AGGREGATE TOTAL PROPERTY SIZE: 16.191 SQ. FT. / C.42AC MOL TOTAL OPEN SPACE AREA: 4.118SQ.FT. TOTAL PERCENTAGE OF OPEN SPACE AREA: 23% NET FLOOR AREA CALCULATIONS: | MAIN FLIDOR RESTAURANT l.S73sq.tLNET MICRO.SREVVERY 215sq.n.NET UPPER FLOOR RESTAURANT 412 sq. ft NET MICR0.8REV«RY 117sq.ft. NET TOTAL RESTAURANT 1,985 K.f-NET MICRO-BREWERY 332 sq. ft. NET BlU6tUat6r - Restaurant $ Micro-Breiuery 3056 CARLSBAD BLVD, CARLSBAD, CALIFORNIA <^20oe> 2 0 u ^ U ll < n CL 0 J ^ r .0 E 3 ©8 I n O 0- i_ O ™ 1^- 3 a • 4-1 r S , Sos I , > • IU m < PROJECT NUMBER MAIN LEVEL FLOOR PLAN A.2 1^2' SPUT FACE CAP -^1 I.I.I r SPUT FACE CMU WALL - 1.1.1 OONCRETS FiXJTJNG {PROViDE CUTOiJT FOR LANOSC^APE VINE POCKETS WHERE OCCURS) ;i|^-^!i;^-^|:^^^M:^ ISECTION 01 - SIDE & REAR YARD SITE WALL SCALE: in"«1'4r ELEVATION ELEVATION D2 - SIDE YARD DECORATIVE FENCE SCALE: 1/r-r-o- Note: The precise materials & finishes of the decorative fence shall be appropriately determined during preparation of the Construction Documents and coordination with adjacent landowners GROSS FLOOR AREA CALCULATIONS: | BASEItlENT / STORAGE 1.595 sq.fL GROSS MAIN FLOOR 3.709 sq. ft GROSS UPPER FLOOR 1.333 sq. fl GROSS TOTAL 6,637 sq. II GROSS OUTDOOR PATIO DIMNG 511 sq.n. GROSS OUTDOOR BALCONY DINING 695 s<).n. GROSS OUTDOOR BALCONY 167 KifL GROSS NET FLOOR AREA CALCULATIONS: UPPER FLOOR RESTAURANT MICR&BREWERY RESTAURANT MICRO.BREVI/ERY 1,S73sq.H.NET 215sq.fl, NET 412 sq. fL NET 117sq. fl.NET RESTAURAI^T 1,985 sq. ft. NET MICRO-BREWERY 332 sq. tL NET ^ BlUamatar - Restaurant $ Micro-Breiuery sose CARLSBAD BLVD, CARLSBAD, CALIFORNIA ^2008> u u < CL z (J u n 3 <U IQ s- O CQ o I fi O T u ^2 5 ^ iT 4J z !P-<n ro , IU o I 1 ,^ "* <V> roS • 3 m ii in III (n < PROJECT NUMBER 1110 UPPER LEVEL FLOOR PLAN A.3 I-J^-W f--: ©€ ©©©© : L BASEMENT FLOOR PLAN ROOF PLAN GENERAL NOTES: SLOPED ROOF MATERUU-S SHAU. BE SYNTHETIC SLATE ROOFING BY ECOSTAR "MAJESTIC SLATE". OR EOUAL COLOR-G FLAT ROOFING MATERIALS SHALL BE BULT-UP VWTe?PROOF MEMBRANE wn>l A DARK GRAVEL BALLAST SYSTEM. Al Storm Water rurtotf from hard surfaces w4l t>e diret Cartcbad BoUevard. Extensive use of pavers for Ihe < to be treated. See plans provkled t>y Civnl Engineer. t poesitrie before being discharged K e inTiltration and rt e nows that need RP ROOF PLAN BlU6lUgt6r - Restaurant 4 Micro-Breiuery sose CARLSBAD BLVD, CARLSBAD, CALIFORNIA <^200& u < z D 3 O 5 4-> 1 0) o s > •» mg U ro r -«-» ^ li ro?S 3 m ^ ul (O < PROJECT NUMBER BASEMENT FLOOR PLAN & ROOF PLAN A.4 462 sq ft GROSS UPPER FLOOR RESTAURANT / KITCHEN / BAR AREA 628 sq ft NET BALCONY DINING AREA 134 sq ft GROSS UPPER FLOOR MICRO-BREWERY AREA 278 sq ft NET RESTAURANT AREA 134 sq ft NET WTCHEN/BAR 412 sq ft NET TOTAL RESTAURANT / KITCHEN / BAR AREA UPPER FLOOR LEVEL -117 sq ft NET BREWERY AREA 511 sq ft GROSS PAT10AREA p~| 426 sqft NET PATIO AREA- 387 sq ft GROSS MAIN FLOOR MICRO-BREWERY AREA 215 sq ft NET MICRO-BREWERY AREA 1,573 sq ft NET TOTAL RESTAURANT / KITCHEN / BAR AREA MAIN FLOOR LEVEL GROSS FLOOR AREA CALCULATIONS: { BASEMENT 1,595 sq.lt. GROSS MAIN FLOOR 3,709 aq. It. GROSS UPPER FLOOR 1.333 sq. ft. GROSS TOTAL 6,637 sq. It, GROSS OUTDOOR PATIO DINING 511 sq. It, GROSS OUTDOOR BALCONY DIMNG 685sq.ft. GROSS OUTDOOR BALCONY 167 sq.ft, GROSS NET FLOOR AREA CALCULATIONS: | MAIN FLOOR RESTAURANT 1,573sq,«. NET MICRO-BREWERY 21Ssq,«, NET UPPER FLOOR RESTAURANT 412 sq. It, NET MICRO-BREWERY I17 5q,n, NET TOTAL RESTAURANT MICRO-BREWERY 1,985sq, tl. NET 332 sq, ft, NET ONE PARKING SPACE 170sq, It. ONE REQUIRED PARKING AREA 300aq.«. NET MICRO-BREWERY FLOOR SPACE ONE PARKING SPACE PARKING AREA CALCULATIONS: RESTAURANT PARKING TOTAL NET AREA 1,573 sq. tl. NET 412sa.tl. NET MICRO-BREWERY PARKING TOTAL NET AREA REQUIRED MICRO-BREWERY PARKING 1 / 300 sq II of net a 2 REQUIRED PARKING SPACES TOTAL REQUIREO PARKING = 22 PARKING SPACES TOTAL PROVIDED PARKING = 22 PARKING SPACES NOTE: GROSS SQ. FT. CALCULATIONS ARE BY MEASUREMENT FROM THE OUTSIDE EDGE OFA WAa SURFACE TO THE OUTSIDE EDGE OF A WALL SURFACE, OR TO A SPACE WHICH DOES NOT GENERATE PARKING DEMAND. NET SQ. FT. CALCULATIONS ARE BY MEASUREMENT OF THE FLOOR SPACE AREA FROM AN EXTERIOR OR INTERIOR FINISH WALL SURFACE TO AN OPPOSITE OR ADJACENT FINISH WAa SURFACE. OR TO A SPACE WHICH DOES NOT GENERATE PARKING DEMAND. BIU6lU3t6r - Restaurant i Micro-Breiuery sose CARLSBAD BLVD, CARLSBAD. CALIFORNIA <=]20oe> u < CL z n 3 u <ci CO o 1 r\ O T 4_ O 5 ^ ^2 JO I (Q dt a 4-" i: ( tf> ro, ^ ^1. 1 ^ •* ro rf ^ ro • pi 3 in ^ ~ OL tn < ntOJECT NtJMBER PARKING CALCULATION DIAGRAMS A.5 ^3' EXTERIOR ELEVATION ARCHITECTURAL REQUIREMENTS: EXTERXm BUILDING ELEVATIONS: 1^ OF 2" FROM THE EXTERIOR BUILDING I. SHALL CONTAIN A MIX OF FRONT AND SIDE PATIOS, EXTERIOR BALCONIES RAILINGS. AND A VARIETY L ELEMENTS THAT COMPUMENT THE BUILDtNG EXTERIOR. L DISPLAY A VARETY OF ROOF PLANES EDGES AND SURFACES. EXTERIOR ELEVATIONS GENERAL NOTES: / D.G. LOW-E GLAZING AND STAINLESS STEEL OVERHEAD DOORS BP GLASS DOORS w/ DARK BRONZE ANODIZED FINISH / D.G. LOW-E GLAZING AND STAINLESS STEB. HARDWARE, OR EQUAL SLOPED ROOF MATERIALS ECOSTAR-MAJESTIC SLATE". OR EQUAL COLOR-OWY/GREEN FLATROOF MATERIALS, BUILT-UP WATERPROOF MEMBRANE WITH A DARK GRAVEL BALLAST SYSTEM. WDRK AND •ELDORADO STONE" VENEER, STONE, OR EQUAL SITE / PROPERTY LINE WALLS 6 HGT. 1 RAISED PLANTBIS CMU MASONRY WITH 'ELDORADO STONE VENEER, DRY STACK APPLICATION, AND CAP CMU MASONRY TAN SPLtT-FACE FINISH (BOTH Si€^S) AT TRASH flAX. DECORATIVE FENCE RAIL EXTENDING TOVWRD DRIVE AISLE COLORED CONCRETE PAVING SYSTEM WITH DECORATIVE COLORED CONCRETE PAVER INLAYS AREA COLOREDCONCRETEPERVIOUSPAVtNGSYSTEM WEST ELEVATION NORTH ELEVATION BlU6LUgt6r - Restaurant $• Micro-Breiuery scse CARLSBAD BLVD. CARLSBAD, CALIFORNIA ^200& u < CL z 0 lU n 3 CQ O I n O <r tf) ro • ro ^1 3 in J PROJECT NUMBER NORTHS. WEST EXTERIOR ELEVATIONS A.6 EXTERIOR ELEVATION ARCHITECTURAL REQUIREMENTS: | EXTERIOR BUILDING ELEVATIONS CONSIST OF BUILDING WALLS, WINDOWS. BALCONY AREAS, PATIOS AND ROOF SURFACES CONTAIN MULTIPLE OFFSET BUILDING PLANES IN EXCESS OF 1 *OfT FROM THE EXTERIOR BUILDING I. SMALL DISPLAY A ), SHALL C F PLANES EDGES AND SURFACES X OF WINDOW SHAPES, EXTERIOR HORIZONTAL L ARCHITECTURAL ELEMENTS. ? STUCCO, AND EXTERIOR ELEVATIONS GENERAL NOTES: T LAP SDING - COLOR 'HEATHER EEN' DARK BRONZE ANODIZED FINISH / D.G. LOW-E GLAZING AND STAINLESS STEEL VARE. OR EOUAL. EXTEIUOR DOORS LA CANTINA / CUSTOM BIFOLD W WRK BRONZE ANOmZED FINISH / D.G. LOW-E GLAZING LOVy-E GLAZING AND SLOPED ROOF MATERIALS ECOSTAR "MAJESTIC SUTE". OR EOUAL COLOR - GRAY / GREEN FLAT ROOF MATERIALS BUILT4JP WATERPROOF MEMBRANE WITH A DARK GRAVEL BALLAST SYSTEM. RAISED PLANTERS CMU MASONRY WITH ELDORADO STONE VENEER DRY STACKAPPLICATION ANDCAP STONE, OR EQUAL FYUfi JD IN )F SIDE PROPERTY LINES. DRIVE AISLE COLORED CONCRETE PA PARKING AREA COLORED CX»NCRETE SYSTEM WITH DECORATIVE COLORED PAVING SYSTEM. PAVB? INLAYS EAST ELEVATION SOUTH ELEVATION Bluewater " Restaurant ^ Micro-Breiuery sose CARLSBAD BLVD. CARLSBAD. CALIFORNIA <=^200£> z 3 4) lO m§ I ri O <r L- O ro ix £ , TO - "5 ro p TO in < f VU VJ c * ^ < *u ro ?> ro 3 in • • — 0£ in < SOUTH & EAST EXTERIOR ELEVATIONS A.7 z <J U ^ < 0 CL U»»rLO<»LR*l» •wk I'lboK LEVEL' 5 \ .T 1 MENS 1 l(»ESTBOO«< f WWIIENVI- T ^tESTHOoH K^- t 2 IBASEMENT / STORAOQ ^ SECTION @ RESTROOMS ^ SECTION @ BREWERY & KITCHEN AREA ^ SECTION @ RESTAURANT SECTION GENERAL NOTES: . See plane provKled by Civil Engineer. mum extent possible tiefore t>eing dtecharged to 9 promote inTMration and reduce flows that need CENTERLINE SECTION Bluewater - Restaurant $• Micro-Breiuery sose CARLSBAD BLVD. CARLSBAD, CALIFORNIA <={20O& 3 4) <Q i- o CO o I Ci O <r O ro X - 1ft n; (u o! ro r a 3 m J ~ OL PROJECT NUMBER 1110 SECTIONS A.8 TOTAL DRIVE AISLE S PARKING AREA: 12,494 SO FT (including Drive Aisle & Paridng landscape areas) 9,836 SQ. FT. DRIVE AISLE i PARKING AREA: DRIVE AISLE & PARKING LANDSCAPE AREA: 2.658 SQ. FT PERCENTAGE OF TOTAL AREA IN LANDSCAPE: 21% CALCULATIONS FOR SITE / LANDSCAPE AREA LOT SIZE: SO-C « ISg.SS' TOTAL SITE LANDSCAPE AREA = TOTAL PERCENTAGE OF LANDSCAPE AREA 18,191 SQ FT / 0,42 AC MOL 4285 SQ.FT. 24% SUMMARY - LANDSCAPE CALCULATIONS: LANDSCAPE EXCLUSIVE USE: 4.29S sq.ft. (100%) ©SOFTSCJVPE / VEGETATED LANDSCAPE 2.451 sq. It. ©HARDSCAPE / DECORATIVE PAVED SURFACE 1.884 sq. II TOTAL AREA 4,295 sq.tl. (100%) Landscape Calculation Diagram PLANT LIST / LEGEND Sn(B0L BOTANICAL NAME COUMON NAME S2E REMARKS OUANTIES ISEES SUCH AS: ARECASTRUU ROMANZOFFIANUM QUEEN PALM 36"BOX B'-10' BTH. 4 CARYOTA URENS FlSHTAl PAUl 36"B0X 8'-IO' B.T.H. 9 PHOENIX ROeCLENNI PIGUr DATE PALM 24"BOX/15CAL MULTIPLE TRUNK 6 TRACHYCARPUS FORTUNB 1MNDMIU. PALM je'BOX SPECIMEN MULTI 1 SHRUBS SUCH AS (ESTIMATED): 0 AGAPANTHUS AfWCANUS 'PCtBt PAN' DWARF LILY OF T)« NILE 1 GALLON BLUE FLOWERS 22 © CALUSTCMON 'UriLE JOHN' DWARF BOTTLE BRUSH SHRUB 5 GAaON 36 CANNA SPEOES CANNA ULY 5 GALLON 15 © FATSIA JAPONICAI JAPANESE ARAUA 15 GALLON 5 o FESTUCA RUBRA COMMON BLUE GRASS 1 GAUON 30 e LIRIOPE MUSCARI BIC BLUE ULY TURF 1 CAaON 20 ® NANDINA DOUESTICA 'HARBOR OWART DWARF HEAVENLY BAMBOO 5 GALLON 35 PHORtllUU lENAX 'SUNDOWNER' NEW ZEALAND RAX 5 GAaON 12 0 RHAPHIOLEPIS INDICA 'BALLERINA' INDIAN HAWTHORN 5 GAIXON 20 © ROSA CAUFORNICA CAUFORNIA ROSE 5 GAaON 20 STREUZIA NICOLK GIANT BIRD OF PARADISE 24" BOX 6 © STREUZIA REGINAE BIRO OF PARADISE 5 GAUON 19 VINES SUfSI AS: PYRUS KAWAKAMII EVERGREEN PEAR 15 GALLON ESPAUER 20 TRACHaOSPERMUM JASMINOIDES STAR JASMINE 15 CAaON 14 GROUNDCOVERS SUCH AS: H FRAGARIA OIILENSIS ORNAMENTAL SIRAVSERRY FROM aATS 12" 0 C. TRIANGULAR SPACING DYMONDIA MARGARETAE DYMONDIA FROM FLATS 12" O.C. TRIANGULAR SPAONG m JUNCUS PATENS BIO-RETENHON AREAS CAUFORNIA GRAY RUSH FROM 1 GAaON CONTAINER 24' O.C, SPAONG IRRIGATION NOTE: Aa LANDSCAPE AREAS ARE TO BE IRRIGATED MIH AUTOMATIC IRRIGATION SYSTEM U1U2ING LOW PRESSURE HEADS ANO ANO EOUIPMENT MANUFACTURED BY RAINBIRO. TORO, ANO EQUAL. RRIGATION SYSTEM WIU INCORPORATE MULTIPLE PROGRAMMABIE SMART CONTROLLER WTH RAWSENSOR. THE IRRIGATION SYSTEM MU BE COMBINATIOH OF MKJiO-JET. LASER DRIP AND BUBBLER SYSTEM, AU LANDSCAPE AND IRRIGATION TO MEEH CAUFORNIA AS 1881. MODEL WATER EFFCCNT LANDSCAPE ORDINANCE. STATEMENT PREPARATION: •| AU FAMMJAR WITH THE REQUIREMENTS FOR LANDSCAPE AND IRRIGATION PLANS CONTAINED IN THE OTY OF CARLSBAD'S WATER EFFX3ENT LANDSCAPE REGULATIONS, I UNDERSTAND THAT CONSTRUCTTON DRAWINGS ARE TO ee PREPARED IN COMPUANCE MTH THOSE REGULATIONS ANO THE LANDSCAPE MANUAL I CERTIFY THAT THE PLANS MU BE PREPARED IMPLEMENHNC THOSE REGULATIONS TO PROVIDE EFFICIENT USE OF WATER." DECORATIVE PAVERS PER ARCHITECT'S PLAN F I o ce. < CQ -D I ° SUWITTALRECOaO: CTTYSU—TTAL CfTY SUBMITTAL CfTYStlBMITTAL CITYSUaMTTAL i j LANDSCAPE CONCEPT PLAN LANDSCAPE CONCEPT PLAN L-1.0 EMSTMG FIRF HffiBANT infATKlM^ AND LOT INFORMATION (3) TOPO ESTAaUSHED BY FIEU) SURVEY 3190\0PL*H_06-13-13 Planning Commission Minutes July 17,2013 Page 5 MOTION ACTION: Motion by Commissioner Black and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6997 recommending approval of RP 13- 01 and adopt Planning Commission Resolution No. 6998 approving RP 13-02 based upon the findings and subject to the conditions contained therein. VOTE: 5-1-1 AYES: Vice Chairperson Black, Commissioner Anderson, Commissioner Black, Commissioner L'Heureux, Commissioner Schumacher and Commissioner Segall NOES: Chairperson Siekmann ABSENT: Commissioner Scully ABSTAIN: None Chairperson Siekmann closed the public hearing on Agenda Item 3, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 4. 4. RP 12-31/CDP 12-28/CUP 13-04 - BLUEWATER - Request for a recommendation of approval of a Major Review Permit and Coastal Development Permit, and approval of a Conditional Use Permit and Coastal Development Permit to allow for the demolition of all existing structures on site and the construction of a 6,637 gross square foot restaurant with a microbrewery and 22 space parking lot on the property located at 3056 Carlsbad Boulevard in Land Use District 9 of the Village Review Zone and the R-3 zone in Local Facilities Management Zone 1. The project qualifies as a CEQA Guidelines Section 15332 (In-Fill Development Projects) Class 32 Categorical Exemption. Mr. Neu introduced Agenda Item 4 and stated Assistant Planner Austin Silva would make the staff presentation. Mr. Silva gave a brief presentation and stated he would be available to answer questions. Chairperson Siekmann asked if there were any questions of Staff. Commissioner Black asked if the applicant has discussed any times of delivery. Mr. Silva stated that details of the restaurant operations have not been figured out as the applicant has not selected a manager. Commissioner Black proposed a condition for deliveries to be between 7:00 a.m. to 9:00 p.m. Commissioner Anderson inquired about the project without the standards modification for the setbacks. Mr. Silva stated that a standards modification would help maximize the interior restaurant space. Commissioner Anderson stated she does not like the proposed hours of operation. Commissioner Segall asked if a standards modification is a variance. Mr. Silva explained the difference of the two which indicates that a variance is a property with site constraints such as a narrow lot and a standards modification is typically for a standard lot without constraints. Chairperson Siekmann asked if there were any further questions of Staff. Seeing none, she asked if the applicant wished to make a presentation. Buck Thompson, representing PiArc Design, La Jolla, stated he would be available to answer any questions. Barry Blue II, CEO of Bluewater Restaurant and Micro-Brewery, introduced himself and stated he would be available to answer any questions. Bob Sukup, civil engineer, introduced himself and stated he would be available to answer any questions. Planning Commission Minutes July 17,2013 Page 6 Steven Bhaork, CFO and controller for the Blue family, discussed the vision ofthe project. Chairperson Siekmann asked if there were any questions of the applicant. Commissioner Black asked about the operations regarding the project. Mr. Blue, operating manager for the restaurant, stated he anticipates deliveries to be made between 8:00 a.m. and 11:00 a.m. or noon. Commissioner Anderson asked if there will be televisions on the patio. Mr. Blue stated no. Commissioner Anderson asked about hours of operation. Mr. Blue stated they will sell beer and wine and they anticipate staying open until 1:00 a.m. Commissioner Anderson asked if the patio could close earlier. Mr. Blue stated he would be agreeable to that. Commissioner L'Heureux asked about the standards modification if it is not approved. Mr. Thompson stated the project would not proceed due to the difficulty in configuration ofthe property. Chairperson Siekmann asked if there were any further questions of the applicant. Seeing none, she asked if there were any members of the audience who wished to speak on Agenda Item 1. Chairperson Siekmann opened public testimony. Mark Bradshaw, 4080 Lincoln Ave, Carlsbad, stated he has lived in the neighborhood for 20 years. He stated the project is terrible for the property values. Hayley Griffin, 2775 Ocean Street, Carlsbad, representing Tobow Investments, stated they are concerned about noise, hours of construction for the project, parking for the construction crews, pedestrian traffic, how the construction crew will respect the needs of pedestrians, construction traffic and the duration of the project. She also stated they are concerned with hours of operation, delivery times, where deliveries will occur, the side setback variance, and noise control on the patio and balcony. Chairperson Siekmann asked if there were any other members of the audience who wished to speak on the item. Seeing none, she asked the applicant to respond to the issues that arose during public testimony. Mr. Thompson responded to the construction concerns stating that the maximum 9 month time of construction would be a reasonable time frame with measures taken to keep unnecessary noise down on the project. Mr. Blue responded to the noise issues stating delivery times would be scheduled before business hours, and the solution to minimize noise is installing audio security surveillance on the interior and exterior of the property for safety concerns. Commissioner Segall asked where the employees will park. Mr. Blue stated the employees will park off- site. Commissioner Segall asked about parking for the construction crews. Mr. Thompson stated all of the construction crews can park at the rear of the parking lot. Commissioner Segall asked about construction hours. Mr. Thompson stated they would comply with the city's regulations, between 7 a.m. and 7 p.m. Commissioner Anderson asked where the noise is currently coming from. Mr. Blue stated current noise may be coming from the tenants of that property, restaurants from across the street, and other residences near that property. Chairperson Siekmann closed public testimony and asked if there were any questions of staff. Commissioner Schumacher asked about the city's process for issuing live entertainment licenses. Mr. Silva stated it was general practice from the police department to issue an entertainment license and a land use permit from Planning. Commissioner Segall asked about standard hours of construction. Mr. Neu stated that per the city's noise ordinance, construction hours would be from Monday through Friday 7a.m. to 6 p.m., Saturday 8 a.m. to -6 p.m., and no construction on Sunday. Planning Commission Minutes July 17,2013 Page 7 Commissioner L'Heureux asked if the hours of operation may be imposed as a condition on the application. Assistant City Attorney, Ron Kemp stated yes, based on the findings, a condition can be placed on the project to lengthen or shorten the construction hours based on the character and nature of the neighborhood and the vicinity of the project per building official, city engineer, or other official designated by the city manager Chairperson Siekmann asked if it were possible for the Commissioners to create a condition that requests staff to work with the applicant to adjust hours of construction, hours of the outdoor patio and hours of delivery. Mr. Neu stated that the permits for the project which are recommended for approval by the commission are designated for the restaurant building and operations, and that approval of the parking area would be an action that is final by the commission. Mr. Neu also stated a condition recommended by the Planning Commission may be adjusted, if needed by the council. Commissioner Black withdrew his request for a condition regarding hours of operation in lieu of other proposals for conditions that might be discussed. Commissioner Schumacher stated he can support the hours of delivery as proposed by the applicant and would be in support of the hours for construction as set by the city. Commissioner Segall stated he concurs with the delivery times as proposed by the applicant. Commissioner L'Heureux stated the delivery hours as proposed by the applicant are sufficient and that there is no construction on weekends. He stated he would like to see a condition dealing with the outside use of the patio, with an 11:00 p.m. type of curfew. He would also like a condition limiting the sale of alcohol to beer and wine only, and not a full bar. Commissioner L'Heureux stated he can support the modifications to the setbacks and adding condition that requires the entrance be blocked at night. Commissioner Anderson stated she would like the deliveries to be limited to 8 a.m. to 12 p.m., the hours of operation to cease at 12:00 a.m., the patio use to cease at 10:30 p.m. and a blocked entrance at night. Commissioner Black stated he would like the patio to close at 11:00 p.m. and stated he agrees with the other commissioners. Commissioner Schumacher stated he can support the project with the additional conditions. Commissioner Segall stated he would like to insure consistency with the hours of operation. Chairperson Siekmann stated she would like no early deliveries before 8 a.m., and the outdoor patio to close at 11:00 p.m. Deliverv Hours of Operation The Planning Commission voted 6-0 to have the delivery operation from 8:00 a.m. to 12:00 p.m. 7 days a week. Blocked Drivewav The Planning Commission voted 2-4 (Anderson, Black, Segall, Siekmann) on a proposal to have the driveway blocked during non-operational hours. Patio Hours of Operation The Planning Commission voted 5-1 (Anderson) to have the patio hours of operation be the same as Dini's patio operations ceasing daily at 11:00 p.m. Sunday through Thursday and 12:00 p.m. Friday and Saturday. Planning Commission Minutes July 17,2013 Page 8 DISCUSSION Commissioner Schumacher stated he can support the project with the conditions that were proposed. Commissioner Segall stated he can also support the project. Commissioner L'Heureux stated it was a good project for the area and a real asset to the community. Commissioner Anderson stated she liked the look of the building and it was an improvement over what was there. Commissioner Black stated he supports the project. Chairperson Siekmann stated it was a good project for the city. MOTION ACTION; Motion by Commissioner Black and duly seconded, that the Planning Commission adopt Planning Commission Resolutions No. 7001 and 7002 recommending approval of RP 12-31 and CDP 12-28 (for property located in the V-R zone and Village segment of the Local Coastal Program) to the City Council, and adopt Planning Commission Resolutions No. 7003 and 7004 approving CUP 13-04 and CDP 12-28 (for property located in the R-3 zone and Mello II segment ofthe Local Coastal Program) based on the findings and subject to the conditions contained therein with the additional conditions proposed. VOTE: 6-0-1 AYES: Chairperson Siekmann, Commissioner Anderson, Commissioner Black, Commissioner L'Heureux, Commissioner Schumacher, and Commissioner Segall NOES: None ABSENT: Commissioner Scully ABSTAIN: None Chairperson Siekmann closed the public hearing on Agenda Item 4, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 5. 5. CUP 12-05/CUP 12-06 - ALPS INNOVATION STAYBRIDGE SUITES AND ALPS INNOVATION HOLIDAY INN - Request for a determination that the project is within the scope of the previously certified Bressi Ranch Master Plan Program EIR and that the Program EIR adequately describes the activity for the purposes of CEQA; and the approval of two Conditional Use Permits for the construction and operation of a 106-room hotel and a 133-room hotel on a vacant previously graded 9.19 acre site, generally located south of Palomar Airport Road, east of Innovation Way, and west of Colt Place, within Planning Area 4 of the Bressi Ranch Master Plan and the Local Facilities Management Zone 17. Mr. Neu introduced Agenda Item 5 and stated Associate Planner Jason Goff would make the staff presentation. Mr. Goff gave a brief presentation and stated he would be available to answer questions. Chairperson Siekmann acknowledged receipt of several letters of support of the project. Chairperson Siekmann asked if there were any questions of Staff. Commissioner Segall asked about the airport land use compatibility plan. Mr. Goff stated the Comprehensive Land Use Plan for the McClellan-Palomar airport had been replaced and updated by the Airport Land Use Compatibility Plan. Morgen Fry Subject: Attachments: FW: Council Inquiry Regarding Sept. 10 Agenda Items '^I^H^j^^^^r.^^ Local Preference.xisx Twe^pm^ap „ ,^ For the Information of the: piJYCqujMCJL ^ AC Dafe __CQ._ City Manager From: Greg Hermann Sent: Tuesday, September 10, 2013 1:23 PM To: Council Archive Cc: John Coates; Gary Barberio Subject: Councli Inquiry Regarding Sept. 10 Agenda Items Hello, Below find the responses to the questions from yesterday's briefings. Please let me know if you have any questions. Greg Item #1 Quest/on; Is the Wildland Interface Fire Engine the vehicle that the Fire Department has been asking for in the past and has been denied? Answer: The Wildland Interface Fire Engine that is being requested tonight is 17 years old and is in need of replacement. This is the first request to replace this vehicle. Discussions in past years for other additional vehicles are no longer current. The Fire Department does not have, at this moment, any unmet apparatus needs other than the vehicle specified in this item. Question: Why are we purchasing police sedans from a vendor in La IVlesa, California and not from local vendors? Answer: The Municipal Code allows us to join in cooperative purchasing agreements. It allows for the purchasing officer to have "the authority to join with other public or quasi-public agencies in cooperative purchasing plans or programs for the purchase of Goods and/or Services by Contract, arrangement or Agreement as allowed by iaw and as determined by the Purchasing Officer to be in the City's best interest." San Luis Obispo procured pricing via a competitive bid process for police patrol sedans, and we are allowed to join with this public agency per the municipal code. Local providers have not been as competitive, based on previous experience with formal bids and do not offer this model for sale. Question: Do we provide a purchasing preference for local vendors? Answer: Our current policy is to provide local vendors with a one percent "discount" on bids for goods. The rationale is that one percent of the eight percent sales tax paid by a vendor would go to the city of Carlsbad. This rationale, of course, assumes a local vendor would be purchasing goods within city limits. Previously, we conducted a survey of local cities and their respective local preference policies. The results are attached. Question: What are the sales tax implications when a vehicle is purchased outside of Carlsbad? Answer: Generally speaking, one percent of the sales tax goes to the city in which the point of sale is located. There are some nuances, however, in vehicle sales. The tax rate that is charged when a vehicle is purchased is the tax rate ofthe buyer's residence. For example, a Carlsbad resident that purchases a car in La Mesa will pay sales tax applicable at the Carlsbad rate (the rate in Carlsbad is 8 percent versus La Mesa's rate of 8.75 percent). However, the one percent Bradley Burns portion of the tax that gets collected is given to the city In which point of sale is (La Mesa In our example). Additionally, if there are any district taxes or transactional use taxes (ie. SANDAG Transnet), those are allocated to the city where the vehicle will be used. Thus, if a resident in Orange County came to Car Country Carlsbad they would have to pay any voter approved district taxes and transactional use taxes for Orange County. Question: Is the City of Carlsbad exempt from paying sales tax on purchased goods? Answer: No. A list of exemptions and exclusions for sales taxes can be found on the Caiifomia Board of Equalization web Site. Although a number of nonprofit, religious, and organizational organizations qualify for exemptions, municipal governments do not. Item #5 Question: What is the policy concerning the funding and selection of public art in the proposed roundabout? Answer: Carlsbad Municipal Code authorizes the City Council to make appropriations at their discretion for public art in conjunction with construction projects included in the city's capital improvement program. It specifies that city departments include in requests for authorizations or appropriations for construction projects, an amount for works of art equal to at least one percent of the total cost of the construction project as estimated in the city's capital improvement program. Because the Carlsbad Blvd/State St roundabout was not processed as a project through the city's capital improvement program, an appropriation has not yet been made for this construction project and is being requested at this time. Once the appropriation is made, the Arts Commission establishes a Public Art Selection Committee to select an artist who works with the project team to develop design concepts. The design is brought to the Arts Commission for review. Once accepted, the design is put out for public feedback. A report and recommendation which includes that feedback is forwarded by the Arts Commission to the City Council for approval. Item #10: Question: What is the parking requirement for the Bluewater project and how was it met? Answer: The Bluewater project requires 22 on-site parking spaces and 22 spaces are being provided. The project will also provide a bicycle parking area. The required parking for the Bluewater project is based on the parking requirements set forth in the Village Master Plan for restaurants (1 space/100 net sq. ft.) and microbreweries (1 space/300 net sq. ft.). The Bluewater application does not include a request for any standards modifications for parking. The project will benefit from several hotels being within walking distance and having nearby public parking lots located at the southern end of Ocean Street (Off Shore Surf Shop) and on Washington Street at Carlsbad Village Drive. Limited on-street public parking also exists within convenient walking distance ofthe project site. Item #15: Question: What is the funding history of our Beach Sand Replenishment projects? Are there other funding sources that could be used for these projects? Answer: In 2001, SANDAG completed a Regional Beach Sand replenishment Project (RBSP I) to place 2.1 million cubic yards of sand on twelve beaches from Imperial Beach to Oceanside. Two of these beaches were located in Carlsbad. The project was funded entirely with state and federal funds. In 2006, the City Council awarded $1.5 million in Agricultural Conversion Mitigation Fee (ACMF) funds to support a second beach sand replenishment effort. The City of Carlsbad and other cities with receiver beaches partnered with SANDAG to complete the work as part ofthe second RBSP (RBSP ll). RBSP ll was completed in 2012 with 360,000 cubic yards of beach sand deposited on Carlsbad beaches. The total cost ofthe project was approximately $26 million. The state funded 85 percent of the project, with cities funding the remaining balance (15 percent). Carlsbad's contribution toward the project was $884,060. The remaining $615,940 is being recommended to be put back into the ACMF for other projects. When RBSP II was completed, it was expected that the next RBSP effort would not be needed for several years. The City of Carlsbad does not have a programmed funding source to contribute funds toward any future RBSP. With regard to the ACMF Program, city staff estimates that by the time ail coastal agricultural land is converted to urban uses, the conversion of these lands will generate anywhere between $900,000 and $1.4 million dollars in additional ACMF funds that could be used for future sand replenishment projects. Other possible funding sources could include the general fund, transient occupancy tax and state and federal grants. Question: What was the Agriculture Conversion Mitigation Fee Ad Hoc Citizens Advisory Committee recommendation to the City Council concerning the SDG&E/Caruso property? Answer: At its meeting on June 25, 2013 the Agricultural Conversion Mitigation Fee (ACMF) Ad Hoc Citizens Advisory Committee received public comment from Peter Mackauf, general manager for the Carlsbad Strawberry Company. Mackauf requested that the Committee encourage the City Council to set aside an unspecified amount of ACMF funds to study and mitigate the impacts that potential development of the SDG&E/Caruso property would have on the Carlsbad Strawberry Company's business. Mackauf indicated that if, and when, the SDG&E property is developed, it would create significant impacts affecting the sustainability ofthe Cartsbad Strawberry Company's business operations. Committee Chairperson Eric Larson indicated that according to the Committee's policies and procedures, the Committee will specifically not "hold back" funds for future awards. Mackauf insisted that the Committee encourage the City Council to set aside funds to study the impacts that development ofthe SDG&E/Caruso property would have on the Carlsbad Strawberry Company. Larson moved that the Committee convey to the City Council that it has concerns regarding the future ofthe Carlsbad Strawberry Company's business, if, and when, development ofthe property takes place. The motion carried unanimously. Following the meeting, Caruso Affiliated was notified that this issue was raised. Caruso Affiliated was subsequently provided with a copy of the draft minutes from the Committee meeting. Development of the SDG&E/Caruso property is not subject to the ACMF program at this time, but that is subject to change pending approval ofa Local Coastal Amendment program submitted to the California Coastal Commission. LOCAL BUSINESS PREFERENCE POLICY Citv Percentaee Details 1 Chula Vista 0% Preference given in a tie 2 Coronado 0% 3 Del Mar 0% 4 Imperial Beach 0% 5 Lemon Grove 0% 6 Oceanside 0% 7 Santee 0% 8 Solana Beach 0% 9 Visalia 0% Preference given in a tie 10 Carlsbad 1% Goods 11 El Cajon 1% Goods 12 Escondido 1% Goods 13 Ontario 1% Goods and services 14 Santa IVlonica 1% Goods and services 15 Sunnyvale 1% Goods 16 Vista 1% Goods and services, excluding public works projects 17 Pasadena l%/5% 1% on goods, 5% on services 18 La Mesa 1.75% Goods and services 19 National City 2% Goods and services 20 Freemont 2.5% Goods and services, not to exceed $5,000 21 San Jose 2.5% /5 points 2,5% on goods, 5 points out of 100 on services 22 Murrieta 3% Goods 23 Berkeley 5% Goods and services, not to exceed $1,250 24 Concord 5% Goods and services, not to exceed $5,000 25 Huntington Beach 5% Goods and services, not to exceed $5,000 26 Irvine 5% Goods, not to exceed $2,000 27 Morro Bay 5% Goods 28 Vallejo 5% Goods and services, not to exceed $10,000 29 Windsor 5% Goods and services 30 Long Beach 10% Goods and non-professional services, not to exceed $10,000 31 Tracy 10% Goods and services, not to exceed $3,000 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 29 30 31 LOCAL BUSINESS PREFERENCE POLia September 2011 CM Percentage Carlsbad Chula Vista Coronado Del Mar El Cajon Encinitas Escondido Imperial Beach La Mesa Lemon Grove National City Oceanside Poway San Marcos Santa Monica Santee Solana Beach Vista 1% 0% 0% 0% 1% No Response 1% 0% 1.75% 0% 2% 0% 1% No Response 1% 0% 0% 1% PROOF OF PUBLICATION (2010 & 2011 C.C.P.) This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of UT - North County Formerly known as the North County Times and which newspaper has been adjudicated as a newspaper of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanslde and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed Is a printed copy (set In type not smaller than nonpariel), has been published In each regular and entire Issue of said newspaper and not In any supplement thereof on the following dates, to-wIt: August 31^, 2013 I certify (or declare) under penalty of perjury that the foregoing Is true and correct. Dated at Oceanside, California n This Oj^^rdav September, 2013 Jane Allshouse NORTH COUNTY TIMES Legal Advertising Proof of Publication of NOTICE OF PUBLIC HEARING ^NOTICE IS HEREBY GIVEN to you, because your in-nfterest may be affected, that the City Council of the City of Carisbad will hold a public hearing at the Coun-. — cil Chambers, 1200 Carlsbad Village Drive, CarlsBad, California, at 6:00 p.m. on Tuesday, September 10, 2013, to con-sider approval of a Maior Review Permit and Coastal. Develop-ment Permit to allow for the demolition of all existing struc-tures on site and the construction of a 6,637 gross square foot restaurant with a microbrewery on the property located at 3056 Carlsbad Boulevard in Land Use District 9 of the Village Review Zone and the R-3 zone in Local Facilities Management Zone 1 and more particularly described as: Those Portions of Tract 100 of Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1661, filed in the Office of the County Recorder of San Diego, March 1,1915 Whereas, on July 17, 2013 the City of Carlsbad Plannmg Com-mission voted 6-0 to recommend approval of a Maior Review Permit and Coastal Development Permit to allow for the demo-lition of all existing structures on site and the construction of a 6,637 gross square foot restaurant with a microbrewery and 22 space parking lot on the property located at 3056 Carlsbad Bou-levard in Land Use District 9 of the Village Review Zone and the R-3 zone in Local Facilities Management Zone 1. The proiect qualifies as a CEQA Guidelines Section 15332 (In-Fill Develop-ment Proiects) Class 32 Categorical Exemption. Those persons wishing to spealc on this proposal are cordially in-vited to attend the public hearing. Copies of the agenda bill will be available on and after September 6, 2013. If you have any questions, please contact Austin Silva in the Planning Division at (760) 602-4631 or austin.silva@carlsbadca.gov . If you challenge the Maior Review Permit and/or Coastal Devel-opment Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing de-scribed in this notice or in written correspondence delivered to the City ofCarlsbad, Attn: City Clerk's Office, 1200 Carlsbad yillage Drive, Carlsbad, CA 92008, at or prior to the public hear-ing. CASE FILE: RP 12-31/CDP 12-28 CASE NAME: BLUEWATER ^ CITY OF CARLSBAD/CITY COUNCIL pub: 8/31/13 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, September 10, 2013, to consider approval of a Major Review Permit and Coastal Development Permit to allow for the demolition of all existing structures on site and the construction of a 6,637 gross square foot restaurant with a microbrewery on the property located at 3056 Carlsbad Boulevard in Land Use District 9 of the Village Review Zone and the R-3 zone in Local Facilities Management Zone 1 and more particularly described as: Those Portions of Tract 100 of Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1661, filed in the Office of the County Recorder of San Diego, March 1, 1915 Whereas, on July 17, 2013 the City of Carlsbad Planning Commission voted 6-0 to recommend approval of a Major Review Permit and Coastal Development Permit to allow for the demolition of all existing structures on site and the construction of a 6,637 gross square foot restaurant with a microbrewery and 22 space parking lot on the property located at 3056 Carlsbad Boulevard in Land Use District 9 of the Village Review Zone and the R-3 zone in Local Facilities Management Zone 1. The project qualifies as a CEQA Guidelines Section 15332 (In-Fill Development Projects) Class 32 Categorical Exemption. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after September 6, 2013. If you have any questions, please contact Austin Silva in the Planning Division at (760) 602-4631 or austin.silva(gearlsbadca.gov. If you challenge the Major Review Permit and/or Coastal Development Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: RP 12-31/CDP 12-28 CASE NAME: BLUEWATER PUBLISH: August 31, 2013 CITY OF CARLSBAD/CITY COUNCIL SITEMAP N NOT TO SCALE Bluewater RP 12-31 / CDP 12-28 / CUP 13-04 CARLSBAD UNIFIED SCHOOL DISTRICT 6225 EL CAMINO REAL CARLSBAD CA 92011 SAN MARCOS SCHOOL DISTRICT STE 250 255 PICOAV SAN MARCOS CA 92069 ep sues } ®w»vii ©AtidAV iueqeD d| zasij! 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Po Box 1098 Carlsbad CA 92018-1098 Rec#: 188 APN : 203-261-06-29 Eriksen Paul & Guste Tmst 1500 Eastwood Way Lynden WA 98264-8697 Rec#: 189 APN: 203-261-06-30 Thomas & Marie Bitonti 636 N Mission Dr San Gabriel CA 91775-2147 Rec#: 190 APN : 203-261-07-00 California Property Brokers Ltd 3324 Seacrest Dr Carisbad CA 92008-2035 Rec#: 191 APN: 204-121-04-00 Fiechter Real Estate Trust 33945 Rustridge St Temecula CA 92592-6509 Rec#: 192 APN: 204-121-05-00 Anthony Henkins & The Anthony R Henkins Living Tmst 438 Tamarack Ave Carlsbad CA 92008-4127 Rec#: 193 APN : 204-121-06-00 Brian French & Clarence L & Jean R French Family Trust 154 Sycamore Ave Carisbad CA 92008-3144 Rec#: 194 APN : 204-121-07-00 Gloucester Walk Investments LLC 915 Havenhurst Dr La Jolla CA 92037-6802 Rec #: 196 APN : 204-121-08-00 Chariotte Mcintyre & Chariotte L Mcintyre Tmst 3333 Gardenia Ln Yorba Linda CA 92886-1887 Rec#: 196 APN : 204-121-09-00 Vicki Greener & Vicki Lee Greener Living Tmst 1460 S Villas Ct Chandler AZ 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204-122-06-00 Sam Caito & Sam Caito Revocable Trust 2754 Auburn Ave Carisbad CA 92010-2170 Rec#: 216 Comer Trust 1154 Winsor Ave Piedmont CA 94610-1049 APN : 204-122-07-00 Rec#: 217 APN : 204-122-08-01 The Blue Family Trust 2950 Ocean St Carisbad CA 92008-2952 Rec#: 218 APN : 204-122-08-02 Chestnut Boardwalk LLC 2950 Ocean St Carisbad CA 92008-2952 Rec#: 219 APN : 204-122-09-00 Divalerio Family Trust 21269 Se 40Th St Sammamish WA 98075-5238 822T-968-008-T S|9qB|/LU00-jAje-AAAAAA Rec#: 220 APN : 204-122-10-00 Cherrington Family Trust 158 Chestnut Ave Carisbad CA 92008-3106 @^J9AV 9p ®T9T9 ^ueqeB 9| 09AB eiqiiBdmon Compatible with Avery®5161® Template Rec#: 221 APN : 204-122-11-00 Thomas Reedy 164 Chestnut Ave Carisbad CA 92008-3106 Rec#: 223 APN : 204-122-13-00 Aaron & Diane Marcy 184 Chestnut Ave Carisbad CA 92008-3106 Feed Paper 3M Template 3100-D Rec #: 222 APN : 204-122-12-00 Jack & Nancy Volkov 3123 Las Marias Ave Hacienda Heights CA 91745-6219 3R Rec#: 224 Adrian Mustafa 685 Oak Tree St Fullerton CA 92835-4409 APN : 204-122-14-00 Rec #: 225 Ida Trejo 3363 Garfield St Carlsbad CA 92008-3129 APN : 204-122-15-00 Rec#: 226 APN : 204-123-01-00 Suder Living Trust 14465 Old Creek Rd SanDiego CA 92131-4275 Rec#: 227 APN : 204-123-02-00 Nassar Three Family L P 3217 Garfield St Carlsbad CA 92008-3126 Rec#: 228 APN : 204-123-03-00 Ammon Family Revocable Trust 4070 Sunnyhill Dr Carisbad CA 92008-2750 Rec#: 229 APN : 204-123-04-00 Daniel & Susan Russo 3245 Garfield St Carisbad CA 92008-3126 Rec#: 230 APN : 204-123-05-01 Sunbird Holdings LLC 446 Marine View Ave Ste 300 Del Mar CA 92014-3926 Rec#: 231 APN : 204-123-05-02 Grubbs Revocable Living Trust 3257 Garfield St Carlsbad CA 92008-3126 Rec #: 232 APN : 204-123-05-03 Andrew & Laura Reyer 3265 Garfield St Carisbad CA 92008-3126 Rec #: 233 Law Family Trust 802 W Jackson Ave Nixa MO 65714-8477 APN : 204-123-05-04 Rec#: 234 APN : 204-123-06-00 Abraham Poladian 190 Walnut Ave Carlsbad CA 92008-3146 Rec#: 235 APN : 204-123-07-01 Wilson & Virginia Clayton Po Box 4538 Carisbad CA 92018-4638 Rec#: 236 APN : 204-123-07-02 Bryan Miller & Jacqueline Elbaum 168 Walnut Ave Carlsbad CA 92008-3193 Rec #: 237 APN : 204-123-07-03 Joseph Martinez li & Sylvia Martinez 1971 Padding River Rd Chula Vista CA 91913-1626 Rec#: 238 APN : 204-123-07-04 Michael & Denise Souza 873 Upland Rd Redwood City CA 94062-3043 Rec#: 239 APN : 204-123-07-05 Christopher Ward 504 Fortuna Ave Vista • CA 92084-2666 m 8S2T-968-008-T S(9qB|/LU00-lAJS-AAAAAA Rec#: 240 APN : 204-123-07-06 Karen Hartman & Karen J Hartman Tmst 5791 Price Dr Huntington Beach CA 92649-4932 ®^J9Av ep ^igiq jugqefi e| 09Ae 9|qiiedLuon Compatible with Avery® 5161® Template Feed Paper • Rec #: 241 APN Robert & Jean Chare 5289 E Rural Ridge Cir Anaheim CA 92807-4619 204-123-07-07 3M Template 3100-D Rec#: 242 APN : 204-123-08-00 Shawn & Lily Smith 7172 Aviara Dr Carlsbad CA 92011-4900 3A Rec #: 243 APN : 204-124-28-10 Tamarack Beach Vacation Owners Assn 4668 Nebo Dr Ste A La Mesa CA 91941-5200 Rec#: 246 APN : 204-124-56-00 Voertman Family Tmst 3341 Terrace Ln Oceanside CA 92056-3118 Rec#: 244 APN : 204-124-65-00 Voertman Family Trust 3341 Terrace Ln Oceanside CA 92056-3118 Rec#: 246 APN: 204-131-01-00 Walnut Beach Townhomes Llc Po Box 12508 SanDiego CA 92112-3508 Rec #: 247 APN : 204-131-02-00 Walnut Beach Townhomes Llc Po Box 12508 SanDiego CA 92112-3508 Rec #: 248 APN : 204-131-03-00 Walnut Beach Townhomes Llc Po Box 12508 SanDiego CA 92112-3508 Rec#: 249 APN : 204-131-04-00 Jane & William Sonneman 52 El Sereno Ct San Francisco CA 94127-1816 Rec #: 250 APN : 204-131-05-00 Tolo Management Inc 803 Future San Clemente CA 92672-7203 Rec#: 251 APN : 204-131-06-00 Phillip & Theresa Reed 3355 Lincoln St Carisbad CA 92008-3133 Rec #: 252 Frances Saba 3375 Lincoln St Carisbad CA 92008-3133 APN : 204-131-07-00 Rec #: 253 Rafael Aguilo Po Box 518 Carisbad CA 92018-518 APN : 204-131-08-00 Rec#: 254 APN : 204-131-09-00 First American Trust Fsb,; Ward Family Revocable Tmst. 5 First American Way Santa Ana OA 92707-5913 Rec#: 256 APN : 204-131-10-00 Sharron Ricca & Sharon L Ricca Family Trust 5894 Salisbury Ln San Luis Obispo CA 93401-8263 Rec#: 256 APN : 204-131-11-00 Morgon Loretta C Decedents Trust Po Box 2233 Ramona CA 92065-938 Rec#: 257 APN : 204-131-12-00 Larry & Marilyn Doran 3288 Garfield St Carisbad CA 92008-3125 Rec#: 258 Yvette Tauzin 251 S Bedford Dr Beveriy Hills CA 90212-3722 APN : 204-131-13-00 Rec #: 259 George Anderson 3267 Lincoln St Carisbad CA 92008-2980 APN : 204-131-14-00 822T-968-008-T S|9qe|/UJO0-^^e'AAAAAA Rec #: 260 James Demott 3259 Lincoln St Carlsbad CA 92008-3131 APN : 204-131-15-00 ®AJ9AV Bp^iQig )\mqe8 d\ 09AB 9|qijedujon Compatible with Avery® 5161® Template Rec#: 261 APN : 204-131-16-00 Ann Castellano & The Ann Marie Castellano Revocable Trust Po Box 118 San Luis Rey CA 92068-118 Rec#: 263 APN : 204-132-04-00 Ford/Schumacher Family Trust 350 Chestnut Ave Apt 1 Carlsbad CA 92008-3116 Feed Paper 3M Template 3100-D Rec#: 262 APN : 204-132-03-00 Carisbad Shores Apartment Homes L P 1322 Scott St Ste 204 SanDiego CA 92106-3715 Rec#: 264 APN : 204-132-05-00 Wells Family Living Trust 1350 E Flamingo Rd#36 Las Vegas NV 89119-5263 31V Rec#: 265 APN : 204-132-06-00 Ellen Weaver & Albert Barnes Jt 2104 Redwood Crst Vista CA 92081-7372 Rec#: 266 APN : 204-132-07-00 McCarthy Miles D Decedents Trust 2646 Hansen Ave Fullerton CA 92831-4412 Rec#: 267 APN : 204-132-08-00 Thompson David B & Karen R Revocable Tmst Po Box 130768 Carlsbad CA 92013-758 Rec#: 268 APN : 204-132-09-00 David & Karen Thompson Po Box 130758 Carlsbad CA 92013-758 Rec#: 269 APN : 204-132-16-00 Korbonski Living Trust 33731 Glocamora Ln San Juan Capistrano CA 92675-4957 Rec #: 270 APN : 204-132-17-00 Po Brioo'"^ ^ * ^ "^^"^"^ ^^''""^ * ^'•''"^ San Luis Rey CA 92068-100 Rec#: 271 APN : 204-132-18-00 Pat & Judy Entezari 4377 Tuolumne PI Carisbad CA 92010-7924 Rec #: 272 Nayudu Tmst 320 Walnut Ave Carisbad CA 92008-3151 APN : 204-132-19-00 Rec#: 273 APN : 204-132-20-00 Y Nayudu & Y R & Ethel Nayudo Family Tmst 320 Walnut Ave Carisbad CA 92008-3151 Rec#: 274 Nayudu Tmst 3286 Lincoln St Carisbad CA 92008-3130 APN : 204-132-21-00 Rec#: 275 APN : 204-132-22-00 Margaret & Stanley Potter 856 Seabright Ln Solana Beach CA 92075-1273 Rec #: 276 APN : 204-132-23-00 Margaret & Stanley Potter 856 Seabright Ln Solana Beach CA 92075-1273 Rec#: 277 Phillip Powell 317 Pine Ave Unit 101 Carisbad CA 92008-3183 APN : 204-132-24-01 Rec #: 278 Gordon Silliker 317 Pine Ave Unit 102 Carisbad CA 92008-3183 APN : 204-132-24-02 Rec #: 279 Priscilla Denby 3154 Avenida Olmeda Carisbad CA 92009-4509 APN : 204-132-24-03 WB 822T-968-008-T S|9qB(/UJ00'(A|S-AAAAM Rec #: 280 APN : 204-132-24-04 Paul & Rochelle Brown 317 Pine Ave Unit 104 Carisbad CA 92008-3183 ®AJ9AV 9p ®T9xg lusqse 9| 09AB 9iqiiBdujon ' ^ ^0 WlwI w Compatible with Avery® 5161® Template Feed Paper ' Rec #: 281 Gabriela Powers 317 Pine Ave Unit 105 Carisbad CA 92008-3194 APN : 204-132-24-05 3M Template 3100-D Rec#: 282 APN : 204-132-24-06 Gregory & Sandra Hamill 429 E Miramar Ave Claremont CA 91711-1965 31V Rec #: 283 Elizabeth Danzig 317 Pine Ave Unit 202 Carisbad CA 92008-3194 APN : 204-132-24-07 Rec #: 284 Jenny Dibble 14949 Redwood Ln Chino Hills CA 91709-2659 APN : 204-132-24-08 Rec#: 285 APN : 204-132-24-09 Angelo & Andrea Rivers 19834 W Minnezona Ave Litchfield Park AZ 86340-6623 Rec #: 286 Craig Steriing 317 Pine Ave Unit 205 Carisbad CA 92008-3184 APN: 204-132-24-10 Rec #: 287 Wo N David 6717 Lonicera St Carisbad CA 92011-3426 APN : 204-132-24-11 Rec #: 288 D C W Trust 6717 Lonicera St Carisbad CA 92011-3426 APN : 204-132-24-12 Rec #: 289 APN : 204-132-24-13 Nancy Anderson & Richard Martin 8109 Santaluz Village Gm S San Diego CA 92127-2518 Rec#: 290 APN : 204-132-24-14 Richard Collison & The Richard D Collison Revocable Trust 317 Pine Ave Unit 209 Carisbad CA 92008-3195 Rec#: 291 APN : 204-132-26-00 Cypress Cove Apts L P 1322 Scott St Ste 204 San Diego CA 92106-3715 Rec#: 292 APN : 204-132-27-01 Frank & Susan Ferencz 4620 Alder Ave Yorba Linda CA 92886-7300 Rec#: 293 APN : 204-132-27-02 Eric & Dariene Fink 347 Pine Ave Carisbad CA 92008-3163 Rec #: 294 Saca Trust 346 Pine Ave Carisbad CA 92008-3163 APN : 204-132-27-03 Rec#: 295 APN : 204-132-27-04 Lance & Kathleen Schulte 7386 Escallonia Ct Carisbad CA 92011-4692 Rec#: 296 APN : 204-132-27-05 Dennis & Stacey Boyer 14149 Hilldale Rd Valley Center CA 92082-3432 Rec #: 297 Quinn Krekorian 6521 Artemis Ln West Linn OR 97068-2802 APN : 204-132-27-06 Rec #: 298 APN : 204-132-27-07 Luckham Family Trust Po Box 27449 San Diego CA 92198-1449 Rec #: 299 Dana Grace 335 Pine Ave Carisbad CA 92008-3163 APN : 204-132-27-08 Rec #: 300 APN : 204-132-27-09 Michael Marshall & Mary Ungermann Marshall 5256 Pizzo Ranch Rd La Canada CA 91011-1850 822T-96S-008-T S|9qB|/UJ00-lAIR-AAAAAA ®AJ9AV 9p ^igig jueqes 9| oeAB 9iqnedLuo'^ Compatible with Avery® 5161® Template Rec#: 301 APN : 204-132-28-00 Sandcastle Shores Apts L P 1322 Scott St Ste 204 San Diego CA 92106-3715 Feed Paper 3M Template 3100-D Rec#: 302 APN : 204-310-01-00 State Of California; (Public Agency) 1350 Front Street Suite 3064 SanDiego CA 92101-3687 31V S22T-968-008-T S|9qB|/UJ00-lMp-AAAAAA ®AJ9AV 9p ®X9T9 IpeqeB 9| 09Ae 9iquBdujoi Jft label size 4" x 1' Lift Leftiiarici Feec Rec #: 1 APN: 203-250-06-00 Occupant Carisbad Encinitas CA 92008-2965 Rec #: 2 Occupant 3155 Lincoln St Carisbad CA 92008-2934 APN : 203-250-08-00 Rec #: 3 APN: 203-250-09-00 Occupant 3177 Lincoln St #B Carisbad CA 92008-2939 Rec #: 4 Occupant 3177 Lincoln St#A Carisbad CA 92008-2939 APN : 203-260-09-00 Rec #: 6 APN: 203-250-09-00 Occupant 3177 Lincoln St#C Carisbad CA 92008-2939 Rec #: 6 Occupant 3177 Lincoln St #D Carisbad CA 92008-2939 APN : 203-260-09-00 Rec #: 7 APN: 203-250-09-00 Occupant 3177 Lincoln St #E Cartsbad CA 92008-2939 Rec#: 8 Occupant 3177 Lincoln St #F Carisbad CA 92008-2939 APN : 203-250-09-00 Rec#: 9 Occupant 250 Pine 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Feed Rec#: 21 Occupant 3145 Carlsbad Blvd 105 Carisbad CA 92008-2911 APN : 203-250-17-00 Rec#: 22 Occupant 3145 Carlsbad Blvd 106 Carisbad CA 92008-2911 APN : 203-250-17-00 Rec#: 23 Occupant 3145 Carlsbad Blvd 107 Carlsbad CA 92008-2911 APN: 203-250-17-00 Rec #: 24 Occupant 3145Carisbad Blvd 111 Carisbad CA 92008-2911 APN : 203-250-17-00 Rec #: 25 Occupant 3145 Carlsbad Blvd 113 Cartsbad CA 92008-2911 APN : 203-250-17-00 Rec #: 26 Occupant 3145 Carlsbad Blvd 109 Carisbad CA 92008-2911 APN : 203-250-17-00 Rec#: 27 Occupant 3145 Carisbad Blvd 110 Carisbad CA 92008-2911 APN : 203-260-17-00 Rec #: 28 Occupant 3150 Ocean St #4 Carisbad CA 92008-2974 APN : 203-250-21-00 Rec#: 29 Occupant 3150 Ocean St#8A Carisbad CA 92008-2974 APN : 203-260-21-00 Rec #: 30 Occupant 3150 Ocean St #8 Carisbad CA 92008-2974 APN : 203-250-21-00 Rec #: 31 Occupant 3150 Ocean St#7 Carisbad CA 92008-2974 APN : 203-250-21-00 Rec #: 32 Occupant 3150 Ocean St#6A Carlsbad CA 92008-2974 APN : 203-250-21-00 Rec#: 33 Occupant 3150 Ocean St #6 Carlsbad CA 92008-2974 APN : 203-250-21-00 Rec #: 34 Occupant 3150 Ocean St#4A Carisbad CA 92008-2974 APN : 203-250-21-00 Rec#: 35 Occupant 3150 Ocean St #3 Carisbad CA 92008-2974 APN : 203-250-21-00 Rec #: 36 Occupant 3150 Ocean St#2A Carisbad CA 92008-2974 APN : 203-250-21-00 Rec #: 37 Occupant 3150 Ocean St #2 Carisbad CA 92008-2974 APN : 203-250-21-00 Rec#: 38 Occupant 3150 Ocean St#1 Carisbad CA 92008-2974 APN : 203-250-21-00 Rec#: 39 Occupant 3160 Ocean St #5 Carlsbad CA 92008-2974 APN : 203-250-21-00 Rec#: 40 Occupant 3180 Carlsbad Blvd Carisbad CA 92008-2908 APN : 203-250-25-00 mi Lift label size 4" x 1' Lift Lefthand Feed Rec#: 41 Occupant 3136 Carlsbad Blvd Carisbad CA 92008-2908 APN : 203-250-26-00 un un san Dieguito Alliance for Drug Free Yout/) Providing alcohol, tobacco and other drug prevention programs and education in Cardiff, Carmel Valley, Del Mar, Encinitas, La Costa, Rancho Santa Fe and Solana Beach Responsible Beverage Sates and Service History. Across thc state, communities recognize the danger when bars, restaurants and stores sell alcohol to minors or intoxicated persons. The use of public policy has been effective in the reducing social problems associated with alcohol abuse. Alcohol related problems decrease when communities define and enforce the manner in which alcohol is made available. Responsible Beverage Sales and Service ordinances are a public policy tool that changes the environment surrounding alcohol sales and service. The problem. Illegal alcohol sales to minors by the community's alcohol licensees contribute to underage drinking and diminish the message that alcohol consumption by youth is unwise and unsafe. Alcohol sales and service to minors and the intoxicated create community problems of public drunkenness, fights, and sexual assaults, crimes against property, drunk driving and traffic accidents. Police resources and public welfare are under great pressure from the problems associated with alcohol sales and service to the underage and intoxicated citizens. Approximately 437© of California arrests involve alcohol. Bars, taverns, liquor stores and convenience stores account for a disproportionate number of calls for police service and alcohol related arrests. Nearly half of those arrested for DUI get their alcohol from an off-sale establishment such as a market or grocery store. The licensing of alcohol licensees belongs to thc state's Alcohol Beverage Control who do monitor them and provide training. However, ABC estimates that only 20% of licensees participate in their training. Also their funding docs not support rigorous investigation of problematic alcohol licensees for which a city or county bears the negative consequences. A solution. An important strategy to reduce thc problem is the adoption of a city or county Responsible Beverage Sales and Service (RBSS) training ordinance which encourages safe and responsible business practices related to thc sales and service of alcoholic beverages, protecting both citizens and businesses. California law permits cities and counties to mandate RBSS training for licensees under their local zoning power. In San Dicgo County, a recent study of thc San Diego's Responsible Hospitality Coalition indicated that 83% of servers and managers trained in RBSS practices were "likely" or "very likely" to change the way they serve alcohol and manage its service, and 99% indicated that they would recommend the training to others. The RBSS ordinonce. The RBSS ordinance requires a certified training for a city or county's alcohol licensees, their managers, servers and sellers. Generally included in a certified training arc these items: * The state and other laws regarding thc handling of alcohol and the associated employer and employee liability; * How to properly check IDs, recognize fake IDs and how to handle fake IDS; * Recognition of thc signs of intoxication, how to refuse service and diffuse thc situation while not continuing to serve thc customer; * How to handle a situation in which adults arc buying alcohol for underage youth, and refusal skills for serving them; and, * How to identify and deter thc use of other drugs in business locations. Significant benefits to alcohol licensee ond establishment owner. * Training in RBSS and thc accompanying certification gives credibility and distinction to alcohol sales and service as a profession. * RBSS ordinance is a manageable policy where the cost is minimal, or complimentary by thc ABC, and the servers and sales staff only have to be trained every two years. * Training decreases the likelihood that customers will be served when intoxicated or underage at their business which protects an establishments' alcohol license, and reduces their business liability. * Alcohol licensees who have RBSS trained staff demonstrate to patrons and other community members and agencies that public safety is their highest concern making them part of a public partnership that keeps the community safe. * Alcohol licensees contribute to creating a hospitality destination for families, community members and tourists that makes their visit as protected and enjoyable as possible. Significont benefits to thc community. * Decreases thc number of single vehicle crashes involving injury or death due to an intoxicated driver. * Decreases the number of sales to underage youth. * Increases thc number of refusals to intoxicated patrons. * Increases thc number of alcohol licensees and managers who create effective internal policies. * Protects servers and sales persons because everyone has the same clear understanding of state, local and establishment rules. * Provides a city or a county with the opportunity to revoke a problematic alcohol licensee's business license in the community. * Creates a community partnership between thc city or county and its businesses that arc alcohol licensees, and demonstrates a commitment to a safe and enjoyable experience in their city or county for citizens and visitors. Components of the RBSS ordinance. Although each city can adopt those components of the RBSS ordinance that best serve their purposes. The following components arc particularly useful, and are not city staff time intensive: * Alcohol licensees shall maintain on their premises a file of proof of completion of thc RBSS Training by the licensee, managers, servers and sales persons that shall be available for inspection by any peace officer or other enforcement officer during regular business hours. The proof of completion shall include thc (1) effective date of hire, (2) course completion date and, if applicable, thc course renewal date, (3) thc name of the certified RBSS Training completed, and (4) identifying information of thc licensee, managers and servers, including thc name, address, phone number and California driver's license number, if applicable. * Every alcohol licensee, manager or server or sales person must complete a certified Responsible Beverage Service Training with in 3 months (or other time designation) of their hire or receipt of their alcohol license (per licensee). * Thc City shall provide to all applicants for a business certificate that are alcohol licensees a summary of thc RBSS requirements together with its penalties for violation prior to issuing a business certificate or renewal. * Violation of any provision of the ordinance is a misdemeanor, but may be charged, at the discretion of the prosecutor, as an infraction. In addition to thc penalties, a City may revoke an existing business certificate and/or deny of issuance of a future business certificate. Implementation of the RBSS ordinonce. For ease of the implementation of the RBSS ordinance, the city or county can allow for a significant start up time before the RBSS ordinance goes into effect, allowing the alcohol licensees the time to train themselves and their managers and staff. Also thc deadline for training to be accomplished after hire can be lengthened to accommodate the idiosyncrasies of each city's retailers. Thc ABC wholeheartedly supports this ordinance. They will come to your city to provide the training, free, if the city staff just provides a room. The ABC will also notify the alcohol licensees regarding thc training time and place. RBSS ordinonce makes complete sense. It addresses the two categories that create the greatest number of health and safety problems associated with alcohol licensees: problems that occur as a result of underage drinking, and problems that occur as a result of intoxication. It gives a city or county another tool for dealing with problematic alcohol licensees, and protects the safety of their citizens. Provided by San Dieguito Alliance SDAlliancc4@aol.com 858.755.6598 SDAlliance4@aol.com Locations of Bars, Clubs and Restaurants named in FOLD Cities/Areas in San Diego County Total Number of on-sale businesses per city (as of 6/11) Number of different on-sale businesses identified in POLD per city Percent of on-sale businesses identified in POLD per city Number of times on-sale businesses identifled in POLD per city San Diego (includes La Jolla and San Ysidro) 2,032 269 13% 571 Carlsbad 136 20 15% 31 Oceanside 156 15 10% 22 San Marcos* 90 10 11% 20 Cl wdjun (Includss unincorp. area of El Cajon) 108 16 15% 32 Chula Vista (includes Bonita) 171 24 14% 50 Encinitas* (includes Cardiff) 110 14 13% 33 Escondido (includes unincorp. area of Escondido^ 139 17 12% 33 Del Mar 36 12 33% 26 La Mesa 81 16 20% 39 Santee 39 9 23% 13 Vista* 88 5 6% 12 Imperial Beach* 23 9 39% 26 Coronado 60 3 5% 4 National City* 53 5 9% 14 Solana Beach* 39 4 10% 9 Lemon Grove 18 2 11% 2 Poway* 47 5 11% 8 Unincorporated Areas (does nol include unincorporated areas noted above) 275 23 8% 47 The Cities of San Diego and Chula Vista, in addition to the unincorporated areas, are leaders in the number of on-sale alcohol businesses mentioned in POLD surveys (column 2) for the period of 7/1/10 to 12/31/10. (Note: "on- sale" refers to a business that is licensed to serve alcohol for consumption on the premises.) Bars, clubs and restaurants in Imperial Beach, Del Mar, and Santee have the highest "offense rate," i.e., the highest percentage of businesses in these areas are mentioned in POLD surveys (column 3). For example, Imperial Beach has a total of 23 on-sale businesses. Of these, 9 different locations were named by respondents a total of 26 times in POLD surveys, meaning 39% of on-sale alcohol businesses were named as a place of last drink. In contrast, Vista has 88 on-sale businesses, of which 5 (6%) have been named by survey respondents as their place of last drink. Local Governments turn to Responsible Beverage Sales & Service (RBSS) training to curb alcohol- related problems While the State of California prohibits the sale or service of alcohol to minors or obviously intoxicated customers, there are no educational or training require- ments for owners, managers, or employees of businesses licensed to sell alcohol. The ABC has established training guidelines and has a process for certifying RBSS training programs. ABC also provides its own certified training program. Licensee Education on Alcohol and Drugs (LEAD), free of charge. Those who attend certified training programs in Encinitas, San Marcos, Solana Beach, and Vista have a very positive reaction. Survey findings from 3,240 LEAD training participants who completed the course between January 1, 2008 and May 12, 2011 indicate that: • 99% would recommend the training to others. • 80% had NOT attended RBSS training in the past. • 89% were likely or very likely to change the way they do their job (such as checking IDs more carefully and refusing service to intoxicated cus- tomers). Several cities in San Diego County are pursuing local ordinances to require em- ployees in alcohol serving establishments to attend certified RBSS training pro- grams (see map). Other cities require training for certain types of businesses, like entertainment establishments (Carlsbad, 2007), or through their conditional use permit process. Several research studies have found that comprehensive training combined with active enforcement are effective tools in reducing sales to minors and over-service to intoxicated customers. *To date, seven cities in San Diego County have adopted ordinances that mandate RBSS training for employees: Poway (2003), National City (2006), Solana Beach (2007), San Marcos (2009), Vista (2009), Encinitas (2010), and Im- perial Beach (2010). The National City and Poway RBSS ordinances only include on-sale businesses. Ordinances in the other five cities include on-sale and off-sale businesses, plus a Responsible Retailer Program in Imperial Beach. Additional intbnnation is available online at the Prevention Infonnation Resource Library (PIRL): www.pirlsandieso.net. The PIRL portal is maintained by the Center for Community Research, under contract with San Diego County Alcohol and Drug Services. Place of Last Drink Survey SNAPSHOT: DUI Program Participants in San Diego County Moving Towards Informed Prevention Policies Volume II, Summer 2011 County of San Diego Health and Human Services Agency Alcohol and Drug Services Prepared by : Marian Novak, Director, Responsible Hospitality Coalition, 858-793-1585, rhcsd@aol.com Celeste Young, Program Manager, North Inland Community Prevention Program, 858-391-9303 ext. 203, cyoung@mhsinc.org Shanelle Boyle, Evaluation Consultant, Center for Community Research, 619-528-2235, sboyle@ccrconsulting.org With assistance from the San Diego County licensed DUI Programs: ECS East County ACCORD DUI Program, La Mesa MAAC Project DUI Program, Chula Vista OHS DUI Program, San Marcos SDSU Central District DUI Program, San Diego Place of Last Drink (POLD) Surveys Aid in Identifying Problematic Locations and Focusing Prevention Efforts: San Diego County is home to over three million people in 18 municipalities and unincorporated areas, has four major universities, seven community colleges, military facilities for the Navy, Marine Corps and Coast Guard, 18 separate Indian reservations and three international border crossings with Mexico. The Region also has over 50 tourist attractions and is identified as one of the top five leisure vacation destinations in the U.S. as well as host to numerous conventions annually. These are some of the many variables that influence drinking and driving behavior in San Diego County. Since 1996, the Responsible Hospitality Coalition, under contract with the County of San Diego, Health and Human Services, Alcohol and Drug Services (ADS), has collected Place of Last Drink' (POLD) surveys from participants enrolled in licensed Driving Under the Influence (DUI) programs in the county. ADS contracts with four agencies to provide court and DMV mandated DUI programs. Program levels include first-time and multiple offender programs, and are available in English and Spanish for DUI offenders ages 18 and over. Collectively, these programs enroll 12,000 to 14,000 people annually. The POLD surveys are voluntary and anonymous, and are collected as part of the regular intake process when participants enroll in the program. Though participant recall and accuracy cannot be guaranteed, program counselors report that the findings echo the anecdotal information they receive from participants in their programs. In addition, the volume of surveys collected and analyzed is meaningful for identifying patterns and trends. The POLD survey was modified in 2008 to include additional questions relating to drug use, home party settings, and perceptions of bar and restaurant server behavior. The information in this report does not attempt to analyze the impact of enforcement efforts in various communities in relation to the information collected in POLD surveys. This report seeks to provide a summary of findings regarding the drinking settings of those arrested for driving under the influence. This report includes findings from 3,030 surveys collected from July 1 through December 31, 2010 from clients arrested for DUI during the 2010 calendar year. DUI Program Participant Characteristics Blood Alcohol Content (BAC)* Males are significantly over-represented among DUI participants (69% male vs. 31% female). The average age of DUI participants is 33; the 21-24 age group accounts for over a fifth of respondents. Twenty percent (20%) of respondents are college students. Caucasians account for about half of respondents, followed by Hispanics, African Americans, and Asians. Of 1,312 respondents who had their last drink at a licensed establishment, 66%) had a BAC between 0.08 and 0.16, and 31 % had a BAC over 0.16. Of 1,094 respondents who had their last drink at a private residence, 65% had a BAC between 0.08 and 0.16, and 31% had a BAC over 0.16. (*BAC levels based on self-report by survey respondents.) Ethnicity Caucasian Hispanic ] 49% Caucasian Hispanic Caucasian Hispanic 1 30% African American 1 6% Asian • 5% Native American 1 1% below 0.08 4% 0.08-0.16 ] 66% • 0.17-0.24 26% 0.25 - 0.32 4% Age Groups Gender 69% 31% Male Female Note: The remaining respondents selected multiple ethnicities (5%) or other (4%). Place of Last Drink Serving Practices at Licensed Businesses Contribute to DUI Private Residence 41 Bar, Club or Restaurant 47% With 47% of the respondents reporting having their last drink at a bar, club or restaurant prior to being arrested for DUI, changing the serving practices of bartenders and wait staff has the potential of reducing drinking and driving incidents. While California law states that it is illegal to sell or furnish alcohol to an obviously intoxicated person (Business and Professions Code 25617), the law is difficult to enforce. There are also no required State training or credentials needed to sell or serve alcohol (see back page for more). t/yo idence V ^^^^ Based on 2010 survey findings: • Half of the respondents reported consuming their arrest. 5 or more drinks prior to About 18% report having been intoxicated in a bar or restaurant in the past month. Respondents age 21-24 tend to drink more in bar or restaurant, while those who are younger than 21 drink primarily in residential settings. checking ID 44% 32% 24% Bars, clubs or restaurants were the most commonly reported setting as the place of last drink (47%), though private residences were a close second (41%). There were no significant differences in the number of drinks and the duration of drinking between residential and bar settings. Perceptions of Serving Practices: • While over 15% of the respondents report seeing servers check ID 'always' or 'usually,' only 32%) report regularly seeing servers refuse service to in- toxicated customers; and over 40% report 'never' or 'rarely' seeing servers refuse service to intoxicated customers. • 90% of the respondents who are just above the drink- always usually sometimes ing age (the 21 -24 age group) said that IDs are checked 'usually' or 'always.' They are followed by the 25-28 year olds (86%), and the below 21 group (74%). • Only four percent (4%) of those who have become intoxicated or drunk at a bar or restaurant in the past month report being "cut off or refused alcohol. Refusing Sales to Intoxicated Persons 15% rarely never Marijuana & Meth are Most Frequently Used Drugs 8% of survey respondents report having used drugs prior to their arrest. Of those: • 61% report using marijuana, and 9% report using methamphetamine. • 11% of respondents report use of multiple drugs with 4% of respondents using both meth and marijuana. • 50% of marijuana users are younger than 25 years old. • 30% of those who used drugs report having their drinks in licensed alcohol business establishments, while 50% drank in a residential setting. • 86% of respondents who listed other drugs reported using prescription or over-the-counter drugs prior to their arrest. Bluewater – RP 12-31/CDP 12-28 September 10, 2013 Location Map Subject Property Subject Property Property to the North Property to the East Property to the South South of V-R lot South of R-3 lot Proposed Development •Demo all existing structures on site. •Construct two-story (with basement) 6,637 gross square foot restaurant with microbrewery. •Ocean view dining. •Surface parking lot on rear lot. Development Standards Standard Required/Allowed Proposed Building Height 45 ft. w/5:12 roof pitch 30 ft. w/5:12 pitch Lot Coverage 60-80% 50% Open Space 20% 27% Parking Restaurant: 20 spaces (1 space per 100 sq. ft. of net floor area – 1,985 net sq. ft.) Microbrewery: 2 spaces (1 space per 300 sq. ft. of net floor area – 332 net sq. ft.) Restaurant: 20 spaces Microbrewery: 2 spaces Setback Standard Modification Standard Required Proposed Front Yard Rear Yard Side Yard 5-20 Feet 5-10 Feet 5-10 Feet 8 Feet 11 Feet 22 Feet (North) 1.5 Feet* (South) *The Village Master Plan allows the City Council to approve development standards modifications for projects that assist the Council in meeting the goals and objectives set forth within the Village Master Plan. Site Plan Building Renderings Building Renderings Building Renderings Building Renderings Building Renderings Planning Commission Recommendation That the City Council ADOPT City Council Resolution No. 2013-227 APPROVING Major Review Permit (RP 12-31) and Coastal Development Permit (CDP 12-28), based upon the findings and subject to the conditions contained therein.