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HomeMy WebLinkAbout2015-06-23; City Council; 22009; Approving Parking In-Lieu Fee, City and Lakritz Family Partnership LP, Barrel Republic RP 15-02/CDP 15-02, 2961 State Street District 1CITY OF CARLSBAD - AGENDA BILL AB# 22,009 MTG. 6/23/15 ADOPT RESOLUTION APPROVING A PARKING IN-LIEU FEE PROGRAM PARTICIPATION AGREEMENT BETWEEN THE CITY COUNCIL AND LAKRITZ FAMILY PARTNERSHIP, LP, PROPERTY OWNER, FOR THE PROJECT KNOWN AS BARREL REPUBLIC (RP 15-02/CDP 15-02) LOCATED AT 2961 STATE STREET IN LAND USE DISTRICT 1 OF THE VILLAGE REVIEW ZONE DEPT. DIRECTOR ^^f^ AB# 22,009 MTG. 6/23/15 ADOPT RESOLUTION APPROVING A PARKING IN-LIEU FEE PROGRAM PARTICIPATION AGREEMENT BETWEEN THE CITY COUNCIL AND LAKRITZ FAMILY PARTNERSHIP, LP, PROPERTY OWNER, FOR THE PROJECT KNOWN AS BARREL REPUBLIC (RP 15-02/CDP 15-02) LOCATED AT 2961 STATE STREET IN LAND USE DISTRICT 1 OF THE VILLAGE REVIEW ZONE CITY ATTORNEY DEPT. CED ADOPT RESOLUTION APPROVING A PARKING IN-LIEU FEE PROGRAM PARTICIPATION AGREEMENT BETWEEN THE CITY COUNCIL AND LAKRITZ FAMILY PARTNERSHIP, LP, PROPERTY OWNER, FOR THE PROJECT KNOWN AS BARREL REPUBLIC (RP 15-02/CDP 15-02) LOCATED AT 2961 STATE STREET IN LAND USE DISTRICT 1 OF THE VILLAGE REVIEW ZONE CITY MANAGER // ^ DEPT. CED ADOPT RESOLUTION APPROVING A PARKING IN-LIEU FEE PROGRAM PARTICIPATION AGREEMENT BETWEEN THE CITY COUNCIL AND LAKRITZ FAMILY PARTNERSHIP, LP, PROPERTY OWNER, FOR THE PROJECT KNOWN AS BARREL REPUBLIC (RP 15-02/CDP 15-02) LOCATED AT 2961 STATE STREET IN LAND USE DISTRICT 1 OF THE VILLAGE REVIEW ZONE RECOMMENDED ACTION: Adopt Resolution No. 2015-160 , approving a parking in-lieu fee program participation agreement between the City Council and Lakritz Family Partnership LP, property owner, for the project known as Barrel Republic located at 2961 State Street in Land Use District 1 of the Village Review Zone and within Local Facilities Management Zone 1. ITEM EXPLANATION: Project Application(s) Administrative Approvals Planning Commission City Council RP 15-02 (Parking In-Lieu Fee Program Participation Agreement ONLY) X CDP 15-02 A A = Approved X = Final City decision-making authority •y = requires Coastal Commission approval On May 5, 2015, the City Planner approved Administrative Review Permit RP 15-02 and Administrative Coastal Development Permit CDP 15-02 to allow for expansion of an existing restaurant space which requires conversion of adjacent retail and storage to restaurant and participation in the Parking In-Lieu Fee Program for eight (8) parking spaces for the required parking for the project located at 2961 State Street in Land Use District 1 of the Village Review Zone and within Local Facilities Management Zone 1. A total of ten parking spaces are required for the restaurant and two of the existing six parking spaces on-site will be credited toward the restaurant's ten required parking spaces. The remaining four on-site parking spaces cannot be credited to the restaurant, as there are other tenants on-site. A few public comments were received in regard to parking and stormwater during the public notice period. However, no request for an administrative hearing was received prior to the approval by the City Planner. Although the project (RP 15-02/CDP 15-02) received final approval by the City Planner, in accordance with the Village Master Plan, the City Council must approve the Village Parking In-Lieu Fee Program Participation Agreement between the Council, on behalf of the City of Carlsbad, and Lakritz Family Partnership LP, property owner, for the project known as Barrel Republic. The Parking In-Lieu Fee Program Participation agreement will allow the property owner to pay the established parking in-lieu fee for a total of eight (8) parking spaces to satisfy the project's on-site parking requirement beyond the two on-site parking spaces. The current parking in-iieu fee is $11,240 per parking space. DEPARTMENT CONTACT: Chris Garcia 760-602-4622 chris.earciaOcarlsbadca.gov FOR CITY CLERKS USE ONLY. • COUNCIL ACTION: APPROVED • CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • Barrel Republic Parking In Lieu Agreement June 9, 2015 Page 2 of 2 The City Planner's approval letter is attached for the Council's review. In addition, the necessary resolution and corresponding Parking In-Lieu Participation Agreement, enabling the property owner to participate in the Parking In-Lieu Fee Program for eight (8) parking spaces, are attached forthe Council's review and approval. FISCAL IMPACT: There are no fiscal impacts associated with the approval of the parking in-lieu fee program participation agreement. ENVIRONMENTAL IMPACT: The City Planner has determined that the Barrel Republic project including the Parking In-Lieu Fee Participation Agreement belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15332 (In-fill Development Projects) Class 32 of the State CEQA Guidelines. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. A Notice of Exemption will be filed by the City Planner upon final project approval. EXHIBITS: 1. City Council Resolution No. 2015-160 (RP 15-02 Parking In-Lieu Fee Program Participation Agreement ONLY) 2. Parking In-Lieu Fee Program Participation Agreement 3. Location Map 4. RP 15-02/CDP 15-02 Approval Letter dated May 5, 2015 2 EXHIBIT 1 RESOLUTION NO. 2015-160 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A PARKING IN-LIEU FEE PROGRAM PARTICIPATION AGREEMENT BETWEEN THE CITY COUNCIL AND LAKRITZ FAMILY PARTNERSHIP, LP, PROPERTY OWNER, FOR THE PROJECT KNOWN AS BARREL REPUBLIC LOCATED AT 2961 STATE STREET IN LAND USE DISTRICT 1 OF THE VILLAGE REVIEW ZONE AND WITHIN LOCAL 5 FACILITIES MANAGEMENT ZONE 1. CASE NAME: BARREL REPUBLIC 6 CASE NO.: RP 15-02/CDP 15-02 7 The City Council of the City of Carisbad, California, does hereby resolve as follows: 8 WHEREAS, as a condition of approval of Administrative Village Review Permit 15-02, the 9 Property Owner is required to enter into an agreement with the City Council to allow the Property 1^ Owner to participate in the Village Parking In-Lieu Fee Program to satisfy the on-site parking requirements for the subject project; and WHEREAS, the Property Owner has agreed, by acceptance of the conditions of said approval, to pay the established Parking In-Lieu Fee for a total of eight (8) commercial parking spaces to satisfy the on-site parking requirements for the project located at 2961 State Street within Land Use District 1 ofthe Village Review Zone; and WHEREAS, the Council finds that the subject property and project has qualified to participate in the Village Parking In-Lieu Fee Program and participation in the program will satisfy the eight (8) required commercial parking spaces for the subject project on the noted property at 2961 State Street; and WHEREAS, the City Planner on May 5, 2015 determined that the proposed project is consistent with the goals and objectives ofthe Village Master Plan and Design Manual; and WHEREAS, the Council has previously determined that there is adequate public parking available within the Village Area to accommodate the subject project's parking demands and that the 25 average utilization rate for all public parking lots according to the most recent parking study is 63%, 25 which is below the full utilization rate of 85%; and 27 28 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 WHEREAS, the Parking In-Lieu Fee Program is in full force and effect as of the date of 2 this Parking In-Lieu Fee Participation Agreement. 3 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carisbad, 4 California as follows: 5 1. That the foregoing recitations are true and correct. 6 2. That the City Council hereby approves the Village Parking In-Lieu Fee Participation Agreement between the Council, on behalf of the City of Carisbad, and Lakritz Family Partnership, LP, property owner of the project known as Barrel Republic which is located at 2961 State Street, in Land Use District 1 of the Village Review Zone of the City of Carisbad. 3. That the Mayor of the City of Carisbad is hereby authorized to execute said Agreement, and the City Clerk is requested to forward the executed Agreement to the County Recorder for recordation against the subject property. "NOTICE TO APPLICANT" 7 8 9 10 11 12 13 14 „ The time within which judicial review of this decision must be sought is governed by Code of Civil 15 Procedure, Section 1094.6, which has been made applicable in the City of Carisbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the 16 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 a request for the record is filed with a 17 deposit in an amount sufficient to cover the estimated 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 1^ the date on which the record is either 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, City of Carisbad, 1200 Carlsbad Village Drive, Carisbad, CA, 92008. 19 20 21 22 23 24 25 26 27 28 /// /// /// /// /// /// /// 1 2 3 4 5 6 7 g 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 ofthe City Council ofthe City of Carlsbad on the 23^'' day of June, 2015, by the following vote to wit: AYES: NOES: Council Members Blackburn, Schumacher, Wood, Packard. None. ABSENT: None. ABSTAIN: Council Member Hall. KEITH BLACKBURN, Mayor Pro Tem ATTEST: SHELLEY COLLINSf, As^stant City Clerk (SEAL]^, RECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carisbad Village Drive Carlsbad, California 92008-1989 Space above this line for Recorder's use Assessor's Parcel Number Project Number and Name 203-293-04-00 RP 15-02/CDP 15-02 - Barrel Republic CITY OF CARLSBAD PARKING IN-LIEU FEE PROGRAM PARTICIPATION AGREEMENT THIS PARTICIPATION AGREEMENT ("Agreement") is entered into this 24th day of , 2015, by and between the CITY OF CARLSBAD, a municipal corporation of the State of California ("City"), and Lalcritz Family Partnership, LP, ("Program Participant"), is made with reference to the following: RECITALS A. Program Participant is the owner of certain real property located at 2957-2965 State Street (APN: 203-293-04-00) in the City of Carisbad, County of San Diego, State of California, described in "Exhibit A", attached hereto and incorporated herein by this reference, and is proposing a project which requires an Administrative Review Permit and Administrative Coastal Development Permit (RP16-02/CDP 15-02), which provides conditional approval allow the expansion of an existing, vacant restaurant space by converting adjacent retail and storage space to restaurant, and participation in the Parking In-Lieu Fee Program for eight (8) parlting spaces to satisfy the on-site paridng requirements ("Project"). B. Condition No. 8 of City Planner administrative approval letter for RP 15-02/CDP 15-02 states that this Parking In-Lieu Fee Program Participation Agreement shall be entered into between the City and the Program Participant following approval of Administrative Review Permit No. 15-02 and Administrative Coastal Development Permit CDP 15-02 for the Project, and provides that the Program Participant pay a Parking In-Lieu Fee for a total of eight (8) parking spaces. The Program Participant shall pay the approved Parking In-Lieu Fee (per parking space) in effect following approval of Administrative Review Permit No. 15-02 and Administrative Coastal Development Permit No. 15-02 to satisfy a portion of the parking requirement for the Project according to the requirements set forth in this Agreement. CA 11/5/2014 APN: 203-293-04-00 PROJECT NO. & NUMBER: RP 15-02/CDP 15-02 - Barrel Republic NOW, THEREFORE, incorporating the foregoing Recitals and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. THE RECITALS ARE TRUE AND CORRECT. 2. ON-SITE PARKING REQUIREMENTS WILL BE SATISFIED THROUGH THE PAYMENT OF A PARKING IN-LIEU FEE. (a) Performance under this Agreement satisfies the Program Participant's obligation for providing eight (8) on-site parking spaces for the Project covered by Administrative Review Pennit No. 15-02 and Administrative Coastal Development Permit No. 15-02 by reason of City Council approval of Administrative Review Permit No. 15-02 and Administrative Coastal Development Permit No. 15-02, including Condition No. 8 listed in the City Planner approval letter dated May 5, 2015. (b) The Program Participant shall pay the Parking In-Lieu Fee for a total of eight (8) parking spaces as established by the City Council, and, as required by Condition No. 8 of the City Planner approval letter for RP 15-02/CDP 15-02 dated May 5, 2015. The fee shall be paid following approval for the subject project and prior to issuance of a building permit. The fee shall be the sum total of the fee per parking space needed to satisfy the Project's parking requirement. (c) The Program Participant shall have no right to designated parking spaces within the public parking lots located v^thin the Village Review zone, or at any other location within the City of Carisbad, nor shall the Program Participant have exclusive use of any public parking space. Through participation in the subject Parking In-Lieu Fee Program, the Program Participant agrees to assist the City of Carisbad in funding the provision of existing, and/or the provision of new, off-street public parking spaces within the Village Area ofthe City of Carisbad. The City Planner has approved Administrative Review Permit RP 15-02 and Administrative Coastal Development Permit No. 15-02 conditioned upon the Program Participant's payment of a Parking In-Lieu Fee for a total of eight (8) parking spaces. 3. REMEDIES Failure by the Program Participant to perform in accordance with this Agreement will constitute failure to satisfy the requirements of Chapter 21.35 of the Carisbad Municipal Code, the Village Master Plan and Design Manual, and Condition No. 8 of the City Planner approval letter for RP 15-02/CDP 15-02 dated May 5, 2015. Such failure will allow the Cify to exercise any and all remedies available to it including but not limited to withholding the issuance of building permits for the Project. 4. HOLD HARMLESS Program Participant will indemnify and hold harmless (without limit as to amount) the Cify of Carisbad and its elected officials, officers, employees and agents in their official capacity (hereinafter collectively referred to as "Indemnitees"), and any of them, from and against all loss, all risk of loss and all damage, including attorneys' fees and expenses, sustained or incurred because of or by reason of any and all claims, demands, suits, or actions obtained, allegedly caused by, arising out of or relating in any manner to Program Participant's actions or defaults pursuant to this Agreement, and shall protect and defend Indemnitees, and any of them with respect thereto. CA 11/5/2014 7 APN: 203-293-04-00 PROJECT NO. & NUMBER: RP 15-02/CDP 15-02 - Barrel Republic 5. NOTICES All notices required pursuant to this Agreement shall be in writing and may be given by personal delivery or by registered or certified mail, return receipt requested to the party to receive such notice at the address set forth below: TO THE CITY: Communify & Economic Development Department Planning Division Attn: Cify Planner 1635 Faraday Avenue Carisbad, California 92008 TO THE PROGRAM PARTICIPANT: Lakritz Family Partnership. LP 8502 E. Chapman Avenue #614 Orange. CA 92869-2461 Any party may change the address to which notices are to be sent by notifying the other parties of the new address, in the manner set forth above. 6. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties and no modification hereof shall be binding unless reduced to writing and signed by the parties hereto. 7. DURATION OF AGREEMENT Except for the provisions of Paragraph 4, which shall survive the term of this Agreement, upon payment of the parking in-lieu fee for the eight (8) parking spaces for the Project, the Program Participant shall have no further obligations under this Agreement. 8. SUCCESSORS This Agreement shall benefit and bind the Program Participant and any successive owners of the Project as described in Exhibit A to this Agreement. 9. JURISDICTION Program Participant agrees and hereby stipulates that the proper venue and jurisdiction for any resolution of disputes between the parties arising out of this Agreement is San Diego County, California. CA 11/5/2014 11 APN: 203-293-04-00 PROJECT NO. & NUMBER: RP 15-02/CDP 15-02 - Barrel Republic 10. SEVERABILITY In the event any provision contained in this Agreement is to be held invalid, void or unenforceable by any court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless, be and remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the day and year first above written. PROGRAM PARTICIPANT , K (Print Nanie/Title) Dated By:_ (Sign Here) (Print Name/Title) Dated: CITY OF CARLSBAD, a municipal corporation of the State of California By: eith Blackburn, l\/layor Pro Tem ated: 0?"^^ 'I ^ Dated: 6/3Q/AS' (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the offlce(s) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument.) (Proper notarial acl(nowiedgment of execution by Program Participant must be attached.) APPROVED AS TO FORM: Celia A. Brewer, City Attorney obaldi. Assistant City Attorney Dated: CA 11/5/2014 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or other officer completing tliis certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ) ) State of California County of Saia n . On rr.j>/veL .OOI,-? before me, MJSria Trtv'i^ 12(jy eS^ yUo ha/y pul^ V. c. Date Here Insert Name and Title of the Officer personally appeared _ NameJ^ of Signer^ who proved to me on the basis of satisfactory evidence to be the persorj(^ whose nameji^ is/ape- subscribed to the within instrument and acknowledged to me that he/sho/thoy executed the same in his/bor/thoif-authorized oapacit^(ies)rand that by his/bor/thoif signatureji^on the instrument the person^ or the entity upon behalf of whioh the personjE^ acted, executed the instrument. LETICIA TREVINO REYtS I COMM. #1994847 z Notary Public • California g t San Diego County t My Comm. Expires Oct. 21 • 2016 f I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ^i:X^K^ :^/^% ^.KfJ^ Signature of Notary Public * Place Notary Seal Above OPTIONAL this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description Title or Type of Number of Pages Document ent: Signer(s) Other Than Named Abov^ Capacity(ies) Claimed by Signei Signer's Name: • Corporate Officer — Title(s) • Partner — • Limited • General • Individual • Attorney ip^Fdct • Trustee • Guardiaffor Conservator • Other: Document • Corporate Officer — Title(s): • Partner — • Limited • General Individual • Attorney in Fact stee • Guardian or Conservator • Signer Is APN: 203-293-04-00 PROJECT NO. & NUMBER: RP 15-02/CDP 15-02 - Barrel Republic EXHIBIT A Address: 2957-2965 State Street Assessor Parcel No.: 203-293-04-00 LEGAL DESCRIPTION OF PROPERTY Lots 7 thru 9 of Block I, of the Amended Map of the Town of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 775, filed in the office of the County Recorder of San Diego County, February 15,1894. CA 11/5/2014 lo CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California Counfy of OfG. On Jpyi^ 5^ 20^*5 before me, Af^exanci^ir IS^£>rW4r> "Ro't^^ ^sl&-[^afy PoUrc. ~ • Here Insert Name and Title of the Officer Date personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personpi^ whose nameft^^ris ^ subscribed to the within instrument and acknowledged to me that(^^^/thj^ executed the saTrfe'in (5i^?^8pT*i^r authorized capacity(f>^, and that by^fJi^JWtteTr signature^on the instrument the person"!^, or the entity upon behalf of whicJn the person"^ acted^ e)(ecuted the irfstrument. ' I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ALEXANDER NORBERTO RUIZ P Commission # 2092064 t Notary Public - California 1 a N^B^/- Orange County g i My Comm. Expires Dec 27.20181 WITNESS my hand and official seal. Signature AJ-McMj/^ Y\ 1^^^ Siqnature of Notary Public *0 Signature of Notary i Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document A II Title or Type of Document: Pa.fVACAp>oA'toA n^r-lCYAP^^- Document Date: 0(P jf 05/\S Number of Pages: ^ Signer(s) 6ther Than learned Above: Nj / Ar Capacity(ies) Claimed by Signer(s) Signer's Name: Leor UaKo-^ jner's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator ^ Other: ParV^fApnv^-V Signer Is Representing- • Corporate Officer - Title(s): • Partne?"^-.^ Limited • General • Individual "'"-v.QAttorney in Fact • Trustee nTStiacdian or Conservator • Other: ©2014 National Notary Association • www.NationalNotary.org • 1 -800-US NOTARY (1 -800-876-6827) Item #5907 EXHIBITS N NOT TO SCALE SITE MAP Barrel Republic RP 15-02/CDP 15-02 EXHIBIT 4 FILE Ccityof •^"-^ Carlsbad May 5, 2015 Katherine Magallon 3039 Hoover Avenue National City, CA 91950 RE: RP 15-02/CDP 15-02 - BARREL REPUBLIC The City has completed a review of your application for Administrative Review Permit RP 15-02 and Administrative Coastal Development Permit CDP 15-02 to allow the expansion of an existing, vacant restaurant space by converting adjacent retail and storage space to restaurant and 1,070 square foot outdoor patio located at 2961 State Street in District 1 of the Village Review (V-R) Zone, in the Village Segment ofthe Local Coastal Program and in Local Facilities Management Zone 1. A notice was sent to property owners within a 300' radius of the subject property and occupant within 100' of the subject property requesting comments regarding the above request. A few phone comments were received in regards to parking and stormwater within the ten day notice period (ending on May 4, 2015). However, no request for an administrative hearing was received. It is the City Planner's determination that the project, RP 15-02/CDP 15-02 - Barrel Republic, is consistent with the Carlsbad Village Master Plan and Design Manual, the City's applicable Coastal Development Regulations (Chapters 21.201 - 21.205) and with all other applicable City ordinances and policies. The City Planner, therefore APPROVES this request based on the following: Findings: RP 15-02: 1. The City Planner has determined that the project is consistent with the policies, goals and action programs set forth within the Carlsbad General Plan in that the restaurant complements the existing commercial and residential uses in the pedestrian-oriented downtown Village. 2. The City Planner has determined that the project is consistent with Chapter 21.35 (Village Review Zone) of the Carlsbad Municipal Code and all applicable development standards and land use policies set forth within the Village Master Plan and Design Manual in that the restaurant will be located within an existing building containing retail establishments and a vacant restaurant. The project will take over the existing vacant restaurant space and expand it by converting an adjacent vacant retail suite and a storage space into 1,780 square feet total interior restaurant area and 1,070 square foot outdoor dining patio, therefore providing additional dining to the pedestrian oriented Village Master Plan area. There are no anticipated impacts to the nearby residents as a result of the use locating in the existing, vacant suites. The applicant has been conditioned to pay into the parking in-lleu fee program for the eight additional parking spaces that are required to expand the restaurant. A public parking lot is located directly across the alley from the proposed restaurant. Community & Economic Development Planning Division 11635 Faraciay Avenue Carlsbad, CA 92008-7314| 760-602-4660| 760-602-8560f|www.carlsbadca.gov RP 15-02/CDP 15-02 - BARREL REPUBLIC May 5, 2015 PageJ 3. That the City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exenipt from the requirement for the preparation of environmental documents pursuant to Section 15332 - In-FIII Development Projects, of the state CEQA Guidelines. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 ofthe state CEQA Guidelines do not apply to this project. CDP 15-02 4. That the proposed development is in conformance with the Village Segment of the Certified Local Coastal Program (LCP) and all applicable policies in that the development consists of a new restaurant which, as discussed in finding no. 2 above, is consistent with the Carlsbad Village Master Plan, which serves as the Certified Local Coastal Program for the City of Carlsbad Village Segment of the California Coastal Zone. The proposed restaurant is consistent with the surrounding development of retail and restaurants. The proposed project will not obstruct views of the coastline as seen from public lands or the public right-of-way, nor otherwise damage the visual beauty of the coastal zone. No agricultural uses currently exist on the site, nor are there any sensitive resources located on the property. The project site is not located in an area of known geologic instability or flood hazard. The site is not located adjacent to the coast, and therefore no public opportunities for coastal shoreline access are available from the subject site. The site is not suited for water-oriented recreation activities. 5. 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 project 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. 6. The project is consistent with the provisions of the Coastal Resource Protection Overtay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. No steep slopes or native vegetation is located on the subject property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. 7. 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 Overtay Zone (Chapter 21.201 of the Zoning Ordinance). 8. The City Planner has reviewed each of the exactions imposed on the Developer contained in this approval, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: NOTE: Unless 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 building permit. iLj- RP 15-02/CDP 15-02 - BARREL REPUBLIC May 5, 2015 Pages 1. Approval is granted for RP 15-02/CDP 15-02 as shown on Exhibits "A" - "L" dated May 5, 2015 on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Administrative Review Permit and Administrative Coastal Development Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Administrative Review Permit RP 15-02 and Administrative Coastal Development Permit CDP 15-02 documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval shall require an amendment to this approval, 4. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Cartsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Administrative Review Permit and Administrative Coastal Development Permit, (b) Cit/s approval or issuance of any permit or action, whether discretionary or non-discretionary, 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. 5. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 6. Prior to the issuance of a buiiding permit, owner/applicant shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued an Administrative Review Permit and Administrative Coastal Development Permit on the real property owned by the owner/applicant. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice, which modifies or terminates said notice upon a showing of good cause by the owner/applicant or successor in interest. 15 RP 15-02/CDP 15-02 - BARREL REPUBLIC May 5, 2015 Page 4 7. 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. 8. Prior to issuance of building permits, the property owner shall enter into a Parking In-Lleu Fee Participation Agreement and pay the established Parking In-Lieu Fee for eight (8) parking spaces. The fee shall be the sum total of the fee per parking space In effect at the time of the building permit issuance times the number of parking spaces needed to satisfy the project's parking requirement (8 spaces total). 9. A separate Administrative Review Permit shall be required for a Sidewalk Caf6 or a Curb CaU. 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. Engineering; General 11. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the district engineer has determined that adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. Fees/Agreements 12. Developer is responsible to ensure that all final design plans (e.g. building plans) incorporate all source control, site design, treatment control BMP, and Low Impact Design (LID) facilities. 13. Developer shall incorporate measures with this project to comply with Standard Stormwater Requirements per the city's Standard Urban Stormwater Management Plan (SUSMP). Utilities 14. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, building sprinklers) are required to serve the project. 15. Prior to issuance of building permits, developer shall pay ali fees, deposits, and charges for connection to public facilities. Code Reminders: 16. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 17. 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 shown on the site plan are for planning purposes only. /6 RP 15-02/CDP 15-02 - BARREL REPUBLIC May 5, 2015 Page 5 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. Sincerely, DON NEU, AlCP City Planner DN:CG:fn Carlsbad Village Partnership, Suite 614, 8502 East Chapman Avenue, Orange, CA 92869 Dave Pike, 3135 Dusty Trail, Encinitas, CA 92024 Van Lynch, Senior Planner Steve Bobbett, Project Engineer Michele Masterson, Senior Management Analyst File Copy Data Entry n This page intentionally left blank. Mr Additional Capital C 3.03. No additional contributions of capital sliali be required of the; Limited Partners. Interest on Contributions 3.04. No interest shall be paid on the initial contributions to the Partnership capita!. Withdrawal and Return of Capital 3.05. (a) No Partner may withdraw any portion ofthe capital ofthe Partnership and no Partner, General or Limited, is entitied to the return of that Partner's contribution to the capital of the Partnership except on the dissolution ofthe Partnership or the withdrawal of that Partner from the Partnership and that Partner's compliance with Paragraphs 9.02 and/or 9.03 of this Agreement. (b) No Partner is entitled to demand the distribution of Partnership property other than cash as part of the return of that Partner's capital contribution to the Partnership. (c) No Limited Partner has a priority over any other Limited Partner as to the return of a contribution on the dissolution of the Partnership. ARTICLE 4. ALLOCATION AND DISTRIBUTION OF PROFITS AND LOSSES Allocation of Profits and Losses 4.01. The net profits ofthe Partnership are allocated to, and any net losses suffered by the Partnership will be borne by, the Partners in the following proportions; GENERAL PARTNER OSL, Inc. 1 % before division of profits LIMITED PARTNERS Leor Lakritz and Ophira Sarah Lakritz Terrance J. Carroll And Judy A. Carroll 66.5% 15% /Cj, state of California Secretary of State STATEMENT OF INFORMATION (Domestic Stock and Agricultural Cooperative Corporations) FEES (Filing and Disclosure): $25.00, If amendment, see Instructions, IMPORTANT - READ INSTRUCTIONS BEFORE COMPLETING THIS FORM This Space For Filing Use Only n 1, CORPORATE N^E (Please do not after if name is preprinled.) OSL, inc. C135127 DUE DATE: COMPLETE ADDRESSES FOR THE F0LL0VWW6 (Dp not abbreviate the name of the dty. ttsms 2 and 3 cannot be P.O. Soxes.) 2. STREET ADDRESS OF TONCIPAL EXECUTING Of FICE 20601 Highway 18, Suite 301 CiTY Apple Valley STATE CA ZIP CODE 92307 3. STREET ADDRESS OF PRINCIP/U. BUSINESS OFFICE iM CAUFORNIA, JF ANY 20601,Highway 18, Suite 301 CITY Apple Valley STATE CA ZIP CODE 92307 4, MAIUNG i» ODRESS OF THE CORPORATION, IF DIFFERENT THAN ITEM 2 CITY STATE ZIP CODE NAMES AMD COMPLETE ADDRESSES OF THE FOLtXJWJNS OFFICERS (The cwporation must have these three officers. A comparable title CHIEF EXECUTIVE OPFiCEW ADDRESS CITY STATE ZIP CODE Leor Lakrtiz 20601 Highway 18, Suite 301 Apple Valley CA 92307 6. SECRETARY/ AOOFESS CITY STATE ZIP CODE Ophira Sarah Lakritz 20601 Highway 18, Suite 301 Apple Valley CA 92307 T, CHIEF FtNANCIAl. OFFICER/ ADORED CITY STATE ZIP CODE • Ophira Sarah Lakritz 20601 Highway 18, Suite 301 Apple Valley CA 92307 NAMES AND COMPLETE ADDRESSES OF ALL DIRECTORS, INCLUDING DIRECTORS WHO ARE ALSO OFFICERS (The corporation must have at least one director. Atta<rfi additional pages, if necessary,) 8. NAME ADDRESS CiTY STATE ZIP CODE Leor Lakritz 20601 Highway 18. Suite 301 Apple Valley CA 92307 9. NAME ADDRESS CITY STATE ZIP CODE Ophira Sarah Lakritz 20601 Highway 18, Suite 301 Apple Valley CA 92307 •50. NAME ADDRESS CITY STATE ZIP CODE John-Aaron Lenhert 20601 Highway 18, Suite 301 Apple Valley CA 92307 ! 1, NUMBER OF VACANCIES ON THE BOARO OF DIRECTDRS, IF ANY: 0 AGENT FOR SERVICE OF PROCESS (If the agent is an individual, the agent must reside in Califomia and Item 13 nriusl be completed with a Califomia sD-eet address (a P.O. Box address is not acceptat>le). If the agent is another coiporation, the agent rnust have on file with flie Califomia Secretary of State a certificate pursuant to Corporations Cods section 1 SOS and Hem 13 must be left blank.) 12. NAME OF AGENT FOR SERVICE OF PROCESS Debra S. Popineau, Esq. 13- STREET ADDRESS OF AGENT FOR SERVICE OF PROCESS IN CM.IFWtNlA.tF AN INOtVlDUAL CITY STATE aPCODE 19031 Highway 18, Suite 130 Apple Valley CA 92307 TYPE OF BUSINESS 14. DESCRIBE THE TYPE OF BUSINESS OF THS CORPORATION Real Property Management BY SUBMITTING THIS STATEMENT OF INFOi CQNTAjNEO HEREIN, INCLUDING ANY ATTACH! Ophira Sarah Lakritz TYPE/F«1NT NAME OF PJ ATION TO THE S. IS TRUE Al H COMF^ETING iRNlA SECRETARY OF STATE. ECT THE CORPORATIOI NFORMATION Secretary TITLE SIGNATURE Si-200C (REV 01/2008) APPROVED BY SECRETARY OF STATE ^etretsrp it ^tate CERTIFICATE OF UMITED PARTNERSHIP A $70.06 ««oa fm mmA ttcximpmy fltte form. IMPORTANT-- R#ad iRsteu«{h»i» More compfcrtlna thfe form FILED offMSiBiiorcaiKffiiii MOV -7 %L JONES. ScMiyor^ ll*s Spa»ForF*«j UseOitfy otrfmeismiE 1308 2. Makeha Satae as 2 Santa Sna. CA 927 Q5, above CA 4. cmnjsm^iMeoKfixmsm^ OF. OQUKTir. WE OR RfiCtSBSA-mat »WM8Ql S. HA(METOe4«SEHTRMS2mfiC«<*PIKX«SS*^ Roger A. Saevig . : [ X ] At4 »<»MOUAL REStD«4G W CM^^ ( 1 A a3RI>0«ATKiHVVHK:MHASWUEDACaat)WTgW»aj^ p>«XaEiEDTOITB«T. /yxjRess: 2001 B. Fourth Street, #220 Santa Ana. S^^TE CA CiTY: aPCC©6; 92705 OSL, Inc. A. NAME: ADtJRESS: cnv; 1388 E. Wakeham Santa Ana, STATS: CA jgCCag: 92705 a .NA5*E: ADDRESS: COY: STATe S lNlMCATETMEH^SOFBe«B«*LPAWfN£R» BYoSmMGTWSBOX. oTHB^mTTse MAY imaLB« THE ptiw^JSE OF BUSING c»5 THE mtmmieHrmsf^ 10. TOTAI NUMBER OF PAGES AT»£«eo. IFWT. "n. icEIWFtTHATTMesrAra«BfTSCOIff>UI«0»*TMS00aa»irA»KTO^ II^CtAHETHATIAMTMEPaiSON C^E.,, Inc. / /? ^ ^ , / / Oplira S. Lakritz, Pi^ident ^'vVf• SIGNATURE ^ P«SSS«ORTmf ' St>, Inc. / DATE SEC/STATE (REV. 11/88) I8eO-SOS-i»ti Bit:/».n F:n ni unr iMtll^a ^^^^^^ 2013-2014 (877)829-4732 aSKFESLLC n«2Er! AVE #814 ORAfiWE CA 92889 ET AL For Fiscal Year Beginning My 1, 2013 and Ending 02917 STATE ST NUY ,/2 OF LOT 13 & ALL OF LOT 14 BLK I TOWN OF CARLSBAD AMENDED June 30, 201. 203-293-10-00 09098 000775 180531 04/13/IO LAND IMPROVEMENTS TOTAL LSI PERSONAL PROPERTY EXEMPTIONS HOMEOWNERS $ OTHER NET TAXABLE VALUE $ 137050 743803 880853 B808S3 4818,46 BBKFESLLC AND LAlfPiT7 I c OR&OPHIRA Am CARROCL TERRANcf U^ Z92869 C70520 03595 1/1 ^ 4818.46 9636.92 1% TAX ON NET VALUE "SlifiT^S^^^D BOWS: H^iE'f^O SCHOOL ^^™?A!^*XP. DISTRICT LTG/LANDSCAPE ZN T Mm WTR STANDBY CHUr CWA WTR AVAILABILITY 1.0O0O0 NET NET O. 0. 1. PHONE 800-273 300-273 866-427 866-427 856-427 866-807 838-522 07078 003S0 07428 # -S167 5167 4304 4304 4304 -6864 6900 6808.53 623.47 30.82 9462.82 3.00 2.92 102.24 8.34 36. 10 11.50 10.OO TOTAL AMOUNT 201 ic"'*" ^'-S^D^ROP P 11/07/2006. SER UNIF BOND CARLSBAD^ROP P 11/07/2006. SER MWD D/S REMAINDER OF SDCWA 15019999 TOTAL ON NET VALUE FIXED CHARGE ASSMTS: LTG/LANDSCAPE ZN T CARLSBAD UGHTING #1 VECTOR WSEASE CTRL CWA WTR AVAILABILITY LTG/LANDSCAPE ZN M MOSQUITO SURVEILLANC Nif 0.02143 NET 0.0117S NET 0.01038 NET 0.00350 1.07428 PHONE 866-427.4304 866-427-4304 800-273-5167 858-522-6900 866-*27.4304 800-273-5167 0.33 0.18 0.15 0.05 16.52 36.10 2.70 1.46 10.00 8.34 3.00 9636.92 ^tate of Califotnta Mmtm? if ^tate CERTIFiCATE OF UMITED PARTNERSHIP A $70.06 fflif^ ttm acctmipaay fltte form. IMPORTANT— FbMui InstrucOomt before emnpiatlftg this fonn ^oooBtBooocrr FILED lnlitOfloiOflitSlM|9«ISUB NOV ~7m 1. KAME OF T«EU»«TB) PARTHtRSWP fltND THE NA!i«V«THTMSWOm>S "LftOTSO PAKT«Hm<B>- WTTKABBRB^TIOi* 'tJP.-i 1308 E. Wak 3. SinUcETAraEN«ES$ OF CM.ff^3f»iiA0fi^ Same as 2. above Santa Ana, CA,^, 9ai,Q.S »COEK CA 4. COMPLETS IF UftWEO PAKTNI^a* INM fOmSO WtoTOMV t, IStt« AKD IS M eXWBNKS'W* TME OAlSTWSCHllWCAni 18tXKailB). T>ffiORKmALta«riBJPAKTNroa«PCBtI«yitS»«RaX»^ 19 V«TMTI«Bm»»ra OF ^ ^ cotwnry. ftusmmexxwmcmmmsi s. NA«THeAia9frFc«ssRw«aEorf>f«xs$SA«>(»!«asTTOAPPra^ ^ Roger A. Saeviq , . _„¥»«CH«S IX} MwsmcmLWsmmmt/mcmm. ntQCffi)TOfiiM». } 1 Aa3>WmTK»IWaCHMASFItg?A<»tWq^^ . ADDRESS: 2001 E. Fourth Street, #220 CfTY: Santa Ana, STATE CA 2»»C00& 92705 7. HAMESANDAWJRESSESOPMLGSffifULPAfOTffiHS: (ATTACH AIWTlC»«i PiWES, WICCE^ARY) A. NAME: OS i , Inc. AOOfWESS: 1398 Wakeham CITY; Santa Ana, STATE ca NAME: AOORESS; CITY: STATE J9POMHE OTHER MATTES^ TO BE BCtUI^O IN Tim OaOWWCTE iim m SET FORTH OH sem»Am ATTAOfia} WUSHI AND «tE VifSX. A RiWT TWS (»«*1CXTE BYCHECKMGTmSOX. 07HSI imTERS IMV t)4E I^RPOSE OF BllSmiSS CMffiWS QMTERfWSE iO, TOTAL NUM3ER Of PAGES ATTACHE©, 8= mt: '• I 1 f 0 1 11. I CemiFY THAT TKE STATEMENTS C<»aAtt»» THS 00a»IE^ (t^JlARE THAT 1AM TME PERSON V*<01SBCeCUT»«tWIMSTRiaiKNT.VWBHBee;WK>NSMrACTAN^^ CSL, Inc. i /) . .^<'1.5^>#~-S L , X n c . J Kwrn Opiiira S. LaJtritZ, P SKiNATURE WWfTHAMC 'oAtr POSmcm OR TTTLE SEC/STATE <REV, 11/88) reWTMA*iffi OATE T8e0-S0S~t'l£. eiV EO or unr