HomeMy WebLinkAbout2016-01-26; City Council; 22203; Approve Major Review Permit Amendment and Coastal Development Permit Amendment to Allow Expansion of an Existing Restaurant at 417 Carlsbad Village DriveBluewater Grill
January 26, 2016
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The proposed project requires a total of 32 parking spaces. Since the property retains the 11 parking spaces
through previous participation in the in-lieu fee program, payment of additional in-lieu parking fees is proposed
for the additional 21 parking spaces required. Credit for the 5 parking spaces on land owned by NCTD will not
be allowed.
A full disclosure of the Planning Commission's actions and a complete description and staff analysis of the
proposed project is included in the attached minutes and Planning Commission staff report. The Planning
Commission and staff are recommending approval of the proposed Major Review Permit Amendment, Coastal
Development Permit Amendment and parking in-lieu fee program participation agreement.
FISCAL IMPACT:
The proposed Major Review Permit Amendment, Coastal Development Permit Amendment and the approval of
the parking in-lieu fee program participation agreement will result in approximately $236,040 to the city as a
result of the payment of 21 parking in-lieu fees by the property owner. The current in-lieu fee is $11,240 per
parking space.
ENVIRONMENTAL IMPACT:
The City Planner has determined that this project is exempt from the requirements of the California
Environmental Quality Act (CEQA) per Section 15332, 111n-Fill Development Projects" of the State CEQA
Guidelines and will not have any adverse significant impact on the environment. A Notice of Exemption will be
filed with the County Clerk upon approval ofthis project.
PUBLIC NOTIFICATION:
Information regarding public notifications of this item such as mailings, public hearing notices posted in the
newspaper and on the city website are available in the Office ofthe City Clerk.
EXHIBITS:
1. City Council Resolution No. 2016-019 (RP 92-10(A)/CDP 92-08{A))
2. City Council Resolution No. 2016-020 (RP 92-10(A)/CDP 92-08(A) Parking In-Lieu Fee Program
Participation Agreement ONLY)
3. Location Map
4. Planning Commission Resolution No. 7135
5. Planning Commission Staff Report, dated December 16, 2015
6. Excerpts of Planning Commission Minutes, dated December 16, 2015
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follows:
EXHIBIT 1
RESOLUTION NO. 2016-019
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A MAJOR REVIEW PERMIT
AMENDMENT AND COASTAL DEVELOPMENT PERMIT
AMENDMENT TO ALLOW THE ADDITION OF 2,049 SQUARE FEET
OF INTERIOR RESTAURANT SPACE AND A 1,202 SQUARE FOOT
OUTDOOR DINING AREA TO AN EXISTING 3,346 SQUARE FOOT
RESTAURANT AND PARTICIPATION IN THE PARKING IN-LIEU FEE
PROGRAM FOR 21 PARKING SPACES ON PROPERTY LOCATED AT
417 CARLSBAD VILLAGE DRIVE, AND LOCATED WITHIN LAND USE
DISTRICT 1, CARLSBAD VILLAGE CENTER, OF THE VILLAGE REVIEW
(V-R) ZONE AND IN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: BLUEWATER GRILL
CASE NO.: RP 92-10(A)/CDP 92-08(A)
The City Council of the City of Carlsbad, California, does hereby resolve as
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on December 16, 2015, hold a duly noticed public hearing as prescribed by law
to consider Major Review Permit Amendment RP 92-10(A) and Coastal Development Permit
CDP 92-08{A) and adopted Planning Commission Resolution No. 7135, recommending approval
of Major Review Permit Amendment RP 92-10(A) and Coastal Development Permit CDP 92-
08(A); and
WHEREAS, as a result of an environmental review of the subject project
conducted pursuant to the Guidelines for Implementation of the California Environmental
Quality Act and the Environmental Protection Ordinance of the City of Carlsbad, the project was
found to be categorically exempt from the requirement for preparation of environmental
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.
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NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California as follows:
1. That the above recitations are true and correct.
2. That Major Review Permit Amendment RP 92-lO(A) and Coastal
Development Permit CDP 92-08(A) are approved and that the findings and conditions of the
Planning Commission contained in Resolution No. 7135 on file in the City Clerk's office and
incorporated herein by reference are the findings and conditions of the City Council.
That this action is final the date this resolution is adopted by the City Council.
The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review"
shall apply:
"NOTICE TO APPLICANT"
The time within which judicial review of this decision must be sought is governed
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
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
a request for the record is filed with a 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 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 Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA, 92008.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of Carlsbad on the day 26th day of January, 2016, by the following vote to wit:
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AYES: Council Members Wood, Schumacher, Blackburn, Packard.
NOES: None.
ABSENT: Council Member Hall.
RRAINE WOOD, Mayor Pro Tern
ATTEST:
{SEAL)
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follows:
EXHIBIT2
RESOLUTION NO. 2016-020
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
BUTLER PROPERTIES, LLC, PROPERTY OWNER, FOR THE PROJECT
KNOWN AS BLUEWATER GRILL LOCATED AT 417 CARLSBAD
VILLAGE DRIVE IN LAND USE DISTRICT 1 OF THE VILLAGE REVIEW
ZONE AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: BLUEWATER GRILL
CASE NO.: RP 92-10(Al/CDP 92-08(A)
The City Council of the City of Carlsbad, California, does hereby resolve as
WHEREAS, as a condition of approval of Major Village Review Permit
Amendment RP 92-10(A) and Coastal Development Permit Amendment COP 92-08(A), the
Property Owner is required to enter into an agreement with the City Council to allow the
Property 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 twenty-one (21)
commercial parking spaces to satisfy the on::.site parking requirements for the project located at
417 Carlsbad Village Drive within Land Use District 1 of the Village Review Zone; and
WHEREAS, the City 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 twenty-one (21) required commercial parking spaces for the subject
project on the noted property at 417 Carlsbad Village Drive; and
WHEREAS, the Planning Commission on December 16, 2015 determined that the
proposed project is consistent with the goals and objectives of the Village Master Plan and
Design Manual and recommended approval to the City Council; and
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WHEREAS, the City Council on January 26, 2016 determined that the proposed
project is consistent with the· goals and objectives of the Village Master Plan and Design
Manual; and
WHEREAS, the City 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 average utilization rate for all public parking lots according to the most
recent parking study is 70%, which is below the full utilization rate of 85%; and
WHEREAS, the Parking In-Lieu Fee Program is in full force and effect as of the
date of this Parking In-Lieu Fee Participation Agreement.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of
Carlsbad, California as follows:
1. That the foregoing recitations are true and correct.
2. That the City Council hereby approves the Village Parking In-Lieu Fee
Participation Agreement between the City Council, on behalf of the City of Carlsbad, and Butler
Properties, LLC, property owner of the project known as Bluewater Grill which is located at 417
Carlsbad Village Drive, in Land Use District 1 of the Village Review Zone ofthe City of Carlsbad.
3. That the Mayor of the City of Carlsbad 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"
The time within which judicial review of this decision must be sought is governed 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 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 a request
for the record is filed with a deposit in an amount sufficient to cover the estimated cost or
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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
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 Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA, 92008.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council of the City
of Carlsbad on the day 26th day of January, 2016, by the following vote to wit:
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AYES: Council Members Wood, Schumacher, Blackburn, Packard.
NOES: None.
ABSENT: Council Member Hall.
ATTEST:
(SEAL)
RECORDING REQUESTED BY AND)
WHEN RECORDED MAIL TO: )
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, California 92008-1989
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Space above this line for Recorder's use
Assessor's Parcel Number 203-296-07-00
----~~~~~~~~~~-Project Number and Name RP 92-1 O(A)/CDP 92-08(A) -
CITY OF CARLSBAD
PARKING IN-LIEU FEE PROGRAM
PARTICIPATION AGREEMENT
Bluewater Grill
·THIS PARTICIPATION AGREEMENT ("Agreement") is entered into this day of
_______ , 2016, by and between the CITY OF CARLSBAD, a municipal corporation of
the State of California ("City"), and Butler Properties, LLC, ("Program Participant"), is made with
reference to the following:
RECITALS
A. Program Participant is the owner of certain real property located at 417 Carlsbad
Village Drive (APN: 203-296-07-00) in the City of Carlsbad, 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 a Major Review Permit Amendment and Coastal
Development Permit Amendment (RP 92-10(A)/CDP 92-0S(A)), which provides conditional
approval to allow the expansion of an existing restaurant and participation in the Parking
ln.:ueu Fee Program for twenty-one (21) parking spaces to satisfy the on-site parking
requirements ("Project").
B. Condition No.19 of Planning Commission Resolution 7135 for RP 92-10(A)/CDP
92-0S(A) states that this Parking In-Lieu Fee Program Participation Agreement shall be entered
into between the City and the Program Participant following approval of Major Review Permit
Amendment No. RP 92-1 O(A) and Coastal Development Permit Amendment COP 92-0S(A) for
the Project, and provides that the Program Participant pay a Parking In-Lieu Fee for a total of
twenty-one (21) parking spaces. The Program Participant shall pay the approved Parking In-Lieu
Fee (per parking space) in effect following approval of Major Review Permit Amendment No. RP
92-1 O(A) and Coastal Development Permit Amendment No. COP 92-0S(A) to satisfy a portion of
the parking requirement for the Project according to the requirements set forth in this Agreement.
1 CA 11/5/2014
APN: 203-296-07-00
PROJECT NO. & NUMBER: RP 92-10(A)/CDP 92-0B(A)-Bluewater Grill
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 twenty-one (21) on-site parking spaces for the Project covered by Major
Review Permit Amendment No. RP 92-10(A) and Coastal Development Permtt Amendment No.
COP 92-08(A) by reason of City Council approval of Major Review Permit Amendment No. RP
92-10(A) and Coastal Development Permit Amendment No. COP 92-0S(A), including Condition
No. 191isted in Planning Commission Resolution No. 7135 dated December 16, 2015.
(b) The Program Participant shall pay the Parking In-Lieu Fee for a total of
twenty-one (21) parking spaces as established by the City Council, and, as required by
Condition No. 19 of Planning Commission Resolution No. 7135 for RP 92-10(A)/CDP 92-08(A)
dated December 16, 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 within the Village Review zone, or at any other location
within the City of Carlsbad, 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 Carlsbad in funding the provision of existing, and/or the
provision of new, off-street public parking spaces within the Village Area of the City of Carlsbad.
The City Planner has approved Major Review Permit Amendment RP 92-10(A) and Coastal
Development Permit Amendment No. CDP 92-0S(A) conditioned upon the Program
Participant's payment of a Parking In-Lieu Fee for a total of twenty-one (21) 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 Carlsbad Municipal
Code, the Village Master Plan and Design Manual, and Condition No. 19 of Planning
Commission Resolution for RP 92-10(A)/CDP 92-0S(A) dated December 16, 2015. Such
failure will allow the City 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 City of Carlsbad and its elected officials, officers, employees and agents in their official
capacity (hereinafter collectively referred to as "lndemnitees"), 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 lndemnitees, and
any of them with respect thereto.
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APN: 203-296-07-00
PROJECT NO. & NUMBER: RP 92-10(A)/CDP 92-0B(A)-Bluewater Grill
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:
Community & Economic Development Department
Planning Division
Attn: City Planner
1635 Faraday Avenue
Carlsbad, California 92008
TO THE PROGRAM PARTICIPANT:
Butler Properties. LLC
PO Box4050
Newport Beach. CA 92661
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 twenty-one (21) 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.
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.
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EXHIBIT 3
NOT TO SCALE
SITE MAP
Bluewater Grill
RP 92-1 O(A) I COP 92-08(A)
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EXHIBIT4
PLANNING COMMISSION RESOLUTION NO. 7135
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MAJOR
REVIEW PERMIT AMENDMENT AND COASTAL DEVELOPMENT PERMIT
AMENDMENT TO ADD 2,049 SQUARE FEET OF INTERIOR RESTAURANT
SPACE AND A 1,202 SQUARE FOOT OUTDOOR DINING AREA TO AN
EXISTING 3,346 SQUARE FOOT RESTAURANT AND PARTICIPATION IN
THE PARKING IN-LIEU FEE PROGRAM FOR 21 PARKING SPACES. THE
0.19-ACRE PROJECI SITE IS ADDRESSED AS 417 CARLSBAD VILLAGE
DRIVE, AND LOCATED WITHIN LAND USE DISTRICT 1, CARLSBAD
VILLAGE CENTER, OF THE VILLAGE REVIEW (V-R} ZONE AND LOCAL
FACILITIES MANAGEMENT ZONE 1. THE PROJECT QUALIFIES AS A CEQA
GUIDELINES SECTION 15332 (IN-FILL DEVELOPMENT PROJECTS} CLASS
32 CATEGORICAL EXEMPTION. THIS PROJECT IS NOT LOCATED WITHIN
THE APPEALABLE AREA OF THE CALIFORNIA COASTAL COMMISSION.
CASE NAME: BLUEWATER GRILL
CASE NO.: RP 92-10(A)/CDP 92-08(A)
WHEREAS, Richard Staunton, "Developer" has filed a verified application with the City
of Carlsbad regarding property owned by Butler Properties, LLC, "Owner," described as
Lot 1 of Subdivision of a portion of Tract 106 of Carlsbad Lands, in the
City of Carlsbad, County of San. biego, State of California, according to
the Map thereof No. 1710, filed i'n the Office of the County Recorder
of said San Diego County, December 9, 1919.
Also, a rectangular strip of land one foot wide and seventy-two feet
long, being a portion of the Westerly side of Lot 2 of Subdivision of a
portion of Tract 106 of Carlsbad Lands, according to Map thereof No.
1710, filed in the Office of the County Recorder of San Diego County,
December 9, 1919, more particularly described as follows:
Beginning at the intersection of the Easterly line of lot 1 of said
Subdivision with the Southerly line of Elm Street (also known as State
Highway) and running along said Easterly line of said Lot 1 in a
Southerly direction, 72 feet; thence at right angles in an Easterly
direction, 1 foot; thence at right angles in a Northerly direction and
parallel with said Easterly line of said Lot 1 to an intersection with said
Southerly line of said Elm Street {also known as State Highway);
thence in a Westerly direction along the Southerly line of said Elm
Street to the Point of Beginning
("the Property"); and
WHEREAS, said verified application constitutes a request for a Major Review Permit
Amendment and Coastal Development Permit Amendment as shown on Exhibits "A -I" dated
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December 16, 2015, on file in the Planning Division, RP 92-10(A)/CDP 92-0S(A)-BLUEWATER GRILL, as
provided by Chapter 21.35 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on December 16, 2015, hold a duly noticed
public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to
the Major Review Permit Amendment and Coastal Development Permit Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Planning Commission
RECOMMENDS APPROVAL of RP 92-10(A)/CDP 92-0S(A) -BLUEWATER GRILL based
13 on the following findings and subject to the following conditions:
14 Findings:
15 Major Review Permit Amendment, RP 92-10(A)
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1. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the City's General Plan, based on the facts set forth in the staff report dated
December 16, 2()15, including, but not l.imited to the following:
a. The proposed project is consistent with the goals for the Village, as outlined within
the General Plan, because it provides an expansion and remodel of an existing
restaurant use in an appropriate location (Carlsbad Village Center Land Use District
No. 1) within the Village. This in turn serves to enhance the area as a core district that
serves residents as well as tourists and regional visitors by providing additional dining
and employment opportunities. By providing more enhanced commercial
opportunities, the project helps to create a lively, interesting social environment,
which offers the necessary customer base to attract complementary uses. The project
reinforces the pedestrian-orientation desired for the downtown area by providing
new residents and employees an opportunity to walk to restaurants and mass transit
functions; its close proximity to existing bus routes and mass transit help to further
the goal of providing new economic and residential development near transportation
corridors; and lastly, will contribute to the lively and interesting social environment of
the Village area in the form of a remodeled and expanded restaurant in the core of
the Village. Furthermore, the project will provide a strong street presence by updating
the appearance of the existing building as viewed along Carlsbad Village Drive.
Overall, the remodeled and expanded restaurant will enhance the Village as a place
for living, visiting, and wprking.
PC RESO NO. 7135 -2-
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2.
b.
c.
The existing streets can accommodate the estimated 528 ADTs, and all required public
right-of-way has been, or will be dedicated, and has been, or will be improved to
serve the development. The pedestrian access and circulation have been designed in
relationship to the land use and available public parking. Public facilities have been,
or will be constructed to serve the proposed project. The project has been
conditioned to develop and implement a program of "best management practices" for
the elimination and reduction of pollutants which enter into and/or are transported
within storm drainage facilities.
The proposed project will not have an adverse impact on any open space within the
surrounding area. As noted in the staff report, the project is consistent with the Open
Space requirements for new development within District 1 of the Village Area and the
City's Landscape Manual.
The Developer/Property owner qualifies to participate in the Parking In-Lieu Fee Program and
participation in the program will satisfy the parking requirements for the project. Justification
for participation in the Parking In-Lieu Fee Program is contained in the following findings:
a.
b.
c.
The project is consistent with Village Review Master Pl.an and Design Manual in that the
project assists in satisfying the goals and objectives through the following actions 1)
the project stimulates property improvements and improves the physical appearance
of the Village area by remodeling and expanding an existing restaurant which increase
the intensity of development within the Village; 2) it establishes Carlsbad Village as a
quality shopping, working and living environment by providing increased employment
opportunities and by establishing a quality restaurant with expanded outdoor dining
areas;
The proposed use is consistent with the goals and objectives set forth for in Land Use
District 1 of the Village Master Plan and Design Manual in that the mixed-use
development not only provides a mutually supportive use in the form of an expanded
restaurant, but reinforces the pedestrian-orientation desired for the downtown area
by providing new residents and employees an opportunity to walk to local shopping,
dining, recreation, and mass transit functions; furthermore, its close proximity to
existing bus routes and mass, transit help to further the goal of providing new
economic and residential develOpment near transportation corridors; and lastly, it will
contribute to the revitalization of the Village area in the form of a remodeled and
expanded restaurant in the core of the Village;
Adequate parking is available within the Village to accommodate the project's parking
demands in that based on the most recent parking study dated September 2014, the
average occupancy for all public parking lots is 70%. This utilization ratio allows for
continued implementation of the parking in-lieu fee program because it is less than
the 85% threshold for maximum utilization set by the City Council; and
d. The In-Lieu Fee Program has not been suspended or terminated by the City Council.
Coastal Development Permit Amendment, COP 92-08(A)
3. That the proposed development is in conformance with the Certified Local Coastal Program and
all applicable policies in that the development consists of the remodel and expansion of an
existing restaurant, which as discussed in the staff report, is consistent with the Carlsbad
PC RESO NO. 7135 -3-
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4.
5.
Village Master Plan and Design Manual, that serves as the Certified Local Coastal Program for
the City of Carlsbad Village Segment of th~ California Coastal Zone. The proposed restaurant
remodel and expansion will not obstruct views of the coastline as seen from public lands or
the public right-of-way, nor otherwise damage the visual beauty of the coastal zone. No
agricultural uses currently exist on the site, nor are there any sensitive resources located on
the property. Furthermore, the proposed project is not located in an area of known geologic
instability or flood hazards.
The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that the property is not located adjacent to the shore and no opportunities for
coastal access are available from the subject site, nor are public recreation areas required of
the project.
The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone
(Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master
Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water
Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management Program (JURMP) to
avoid increased urban runoff, pollutants, and soil erosion. No steep slopes or native vegetation
is located on the subject property and the site is not located in an area prone to landslides, or
susceptible to accelerated erosion, floods, or liquefaction.
California Environmental Quality Act:
6.
General
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 environment, and it is
therefore categorically exempt from the requirement for preparation of environmental
documents pursuant to Section 15332 of the State CEQA Guidelines as an infill development
project. In making this determination, the City Planner has found that the exceptions listed in
Section 15300.2 of the State CEQA Guidelines do not apply to this project.
The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 1 and all City public policies and ordinances. The project
includes elements or has been conditioned to construct or provide funding to ensure that all
facilities and improvements regarding: sewer collection and treatment; water; drainage;
circulation; fire; schools; parks and other recreational facilities; libraries; government
administrative facilities; and open space, related to the project will be installed to serve new
development prior to or concurrent with need. Specifically,
a.
b.
c.
The project has been conditioned to provide proof from the Carlsbad Unified School
District that the project has satisfied its obligation for school facilities.
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.
The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
PC RESO NO. 7135 -4-
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8.
9.
That the project is consistent with the City's Landscape Manual and Water Efficient Landscape
Ordinance {Carlsbad Municipal Code Chapter 18.50).
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed to
mitigate impacts caused by or reasonably related to the project, and the extent and the degree
of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the approval of a
grading permit or building permit whichever occurs first.
1. The findings and conditions contained in Design Review Board Resolutions No. 198 and 199
for RP 92-10 and COP 92-08 are superseded by the findings and conditions contained in this
Planning Commission Resolution No. 7135.
2. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the City shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or
further condition all certificates of occupancy issued under the authority of approvals herein
granted; record a notice of violation on the property title; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No vested
rights are gained by Developer or a successor in interest by the City's approval of this Major
Review Permit Amendment and Coastal Development Permit Amendment.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Major Review Permit Amendment and Coastal Development Permit
Amendment documents, as necessary to make them internally consistent and in conformity
with the final action on the project. Development shall occur substantially as shown on the
approved Exhibits. Any proposed development, different from this approval, shall require an
amendment to this approval.
4.
5.
6.
Developer shall comply with all applicable prov1s1ons of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged,
this approval shall be suspended as provided in Government Code Section 66020. If any such
condition is determined to be invalid, this approval shall be invalid unless the City Council
determines that the project without the condition complies with all requirements of law.
Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly,
from (a) City's approval and issuance of this Major Review Permit Amendment and Coastal
Development Permit Amendment {b) City's approval or issuance of any permit or action,
PC RESO NO. 7135 -5-
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7.
8.
whether discretionary or nondiscretionary, in connection with the use contemplated herein,
and (c) Developer/Operator's installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions. This obligation survives until all
legal proceedings have been concluded and continues even if the City's approval is not
validated.
Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Carlsbad Unified School District that this project has satisfied its obligation to
provide school facilities.
This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits. , ,
9. This approval shall become null and void if building permits are not issued for this project within
24 months from the date of project approval.
10. Building permits will not be issued for this project unless the local agency providing water and
sewer services to the project provides written certification to the City that adequate water
service and sewer facilities, respectively, are available to the project at the time of the
application for the building permit, and that water and sewer capacity and facilities will
continue to be available until the time of occupancy.
11. · Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the
12.
13.
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and
CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code
Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee
for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building
permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan
and shall become void.
All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in substance
as provided in Building Department Policy No. 80-6, to the satisfaction of the Director of the
Community and Economic Development Department.
Developer shall submit to the City a Notice of Restriction executed by the owner of the real
property to be developed. Said notice is to be filed in the office of the County Recorder, subject
to the satisfaction of the City Planner, notifying all interested parties and successors in interest
that the City of Carlsbad has issued a Major Review Permit Amendment and Coastal
Development Permit Amendment by Resolution No. 7135 on the property. Said Notice of
Restriction shall note the property description, location of the file containing complete project
details and all conditions of approval as well as any conditions or restrictions specified for
inclusion in the Notice of Restriction. The City Planner has the authority to execute and record
an amendment to the notice which modifies or terminates said notice upon a showing of good
cause by the Developer or successor in interest.
PC RESO NO. 7135 -6-1)
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14.
15.
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,.
Prior to the recordation of the first final map or the issuance of building permits, whichever
occurs first, the Developer shall prepare and record a Notice that this property may be subject
to impacts from the existing Railroad Transportation Corridor, in a form meeting the approval
of the City Planner and the City Attorney (see Notice and Waiver Concerning Railroad
Environmental Impacts on file in the Planning Division).
No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so
required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner
an Outdoor Storage Plan, and thereafter comply with the approved plan.
Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan
showing conformance with the approved Preliminary Landscape Plan and the City's Landscape
Manual. Developer shall construct and install all landscaping and irrigation as shown on the
approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition,
free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the
optimum amount of water to the landscape for plant growth without causing soil erosion and
runoff.
The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape
plancheck process on file in the Planning Division and accompanied by the project's building,
improvement, and grading plans.
Developer shall construct, install, and stripe all parking spaces and landscape planters on the
adjacent city leased property owned by North County Transit District, as shown on Exhibits 11A
-I". Parking areas disturbed, including but not limited to all adjacent parking spaces along
the west side of the property, shall be improved with new paving to the satisfaction of the
city. All work on the property owned by North County Transit District and currently leased by
the City of Carlsbad shall be coordinated with the city's Property and Environmental
Management Department.
Prior to issuance of building permits, the property owner shall enter into a Parking In-Lieu Fee
Participation Agreement and pay the established Parking In-Lieu Fee for 21 parking spaces.
The fee shall be the sum total of the fee per parking space in effect at the time of the building
permit issuance times the number of parking spaces needed to satisfy the project's parking
requirement (21 spaces total).
Engineering:
General
20.
21.
Prior to hauling dirt or construction materials to or from this project site, developer shall apply
for and obtain approval from, the city engineer for the proposed haul route.
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.
PC RESO NO. 7135 -7-'I
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Fees/ Agreements
22. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city's standard form Drainage Hold Harmless Agreement.
23. In regards to stormwater management and treatment requirements, if the project is
determined to be a Priority Developm,ent Project, developer shall cause property owner to
. submit an executed copy to the city engineer for recordation a city standard Permanent
Stormwater Quality Best Management Practice Maintenance Agreement.
24. Prior to approval of any grading or building permits for this project, developer shall cause owner
to give written consent to the city engineer for the annexation of the area shown within the
boundaries of the site plan into the existing City of Carlsbad Street Lighting and Landscaping
District No. 1 and/or to the formation or annexation into an additional Street Lighting and
Landscaping District. Said written consent shall be on a form provided by the city engineer.
10 Grading
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26.
27.
28.
Based upon a review of the proposed improvements shown on the site plan and existing
drainage patterns, a grading permit for this project is required. Developer shall prepare and
submit plans and technical studies/reports for city engineer review, post security and pay all
applicable grading plan review and permit fees per the city's latest fee schedule.
This project requires offsite improvements. No construction of private improvements shall
occur outside the project ownership until developer obtains an agreement acceptable to the
city engineer, from the owners of the affected property. If developer is unable to obtain the
agreement, no permit will be issued. lmthat case developer must either apply for and obtain an
amendment of this approval or modify the plans so improvements will not occur outside the
project ownership and obtain approval from both the city engineer and city planner.
Developer acknowledges that, pursuant to Order No. R9-2013-0001 issued by the California
Regional Water Quality Control Board, new storm water requirements become effective near
the end of 2015, may affect the design of this project. Prior to construction, developer shall
demonstrate compliance with latest storm water requirements to the satisfaction of the city
engineer.
Developer shall comply with the city's stormwater regulations, latest version, and shall
implement best management practices at all times. Best management practices include but are
not limited to pollution control practices or devices, erosion control to prevent silt runoff during
construction, general housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices or devices to prevent or reduce the
discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the
maximum extent practicable. Developer shall notify prospective owners and tenants of the
above requirements.
29. Developer shall complete and submit to the city engineer a Project Threat Assessment Form
(PTAF) pursuant to City Engineering St.andards. Concurrent with the PTAF, developer shall also
submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level
Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to
the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and
inspection fees per the city's latest fee schedule.
PC RESO NO. 7135 -8-
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32.
In regards to stormwater management and treatment requirements, this project may be
subject to Priority Development Project requirements. Developer shall complete and submit
the city's Standard Stormwater Questionnaire, Form E-34 together with an exhibit identifying
the existing and proposed impervious and pervious areas. The exhibit should include all areas
of work including those beyond the limit of the project ownership. If determined to a Priority
Development Project, the developer shall prepare and process a Storm Water Quality
Manag~ment Plan {SWQMP), subject to city engineer approval, to demonstrate how this
project meets new/current storm water treatment requirements per the city's BMP Design
Manual, latest version. The developer shall use low impact development (site design)
approaches to ensure that runoff from impervious areas (roofs, pavement, etc.) are drained
through landscaped (pervious) areas prior to discharge. Developer shall pay all applicable
SWQMP plan review and inspection fees per the city's latest fee schedule.
;·t.
Developer is responsible to ensure that all final design plans {grading plans, improvement plans,
landscape plans, building plans, etc.) incorporate all source control, site design, treatment
control BMP and Low Impact Design (LID) facilities.
In regards to stormwater management and treatment requirements, 'should the project meet
Standard Stormwater Requirements, developer shall incorporate measures including, but not
limited to reducing the use of new impervious surfaces (e.g.: paving), designing drainage from
impervious surfaces to discharge over pervious areas (e.g.: turf, landscape areas) and designing
trash enclosures to avoid contact with storm runoff, all to the satisfaction of the city engineer.
Improvements
33.
34.
Utilities
35.
36.
Prior to issuance of building permits, developer shall verify the adequacy of the sewer lateral to
the satisfaction of the building official.
Prior to the issuance of building permits, developer shall verify the location and adequacy of the
grease interceptor to the satisfaction of the building official.
Developer shall meet with the fire mar~hal to determine fire protection measures required to
serve the project
Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section
13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and
floor area contained in the staff report and shown on the site plan are for planning purposes
only.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
37. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of
the City of Carlsbad Municipal Code to the satisfaction of the city engineer.
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Developer shall pay park-in-lieu fees. to the City, prior to the approval of the final map as
required by Chapter 20.44 of the Carlsbad Municipal Code.
Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 1 as required by Carlsbad Municipal Code Section 21.90.050.
Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050
of the Carlsbad Municipal Code.
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.
The project shall comply with the latest nonresidential disabled access requirements pursuant
to Title 24 of the California Building Code.
Any signs proposed for this development shall at a minimum be designed in conformance with
the Village Master Plan and Design Manual and shall require review and approval of the City
Planner prior to installation of such signs.
PC RESO NO. 7135 -10-
The City of Carlsbad Planning Division EXHIBIT 5
A REPORT TO THE PLANNING COMMISSION
ltemNo.Q
P.C. AGENDA OF: December 16, 2015
Application complete date: October 14, 2015
Project Planner: Chris Garcia
Project Engineer: Steve Bobbett
SUBJECT: RP 92-lO(A)/CDP 92-0S(A) -BLUEWATER GRILL -Request for a recommendation of
approval of a Major Review Permit Amendment and Coastal Development Permit
Amendment to add 2,049 square feet of interior restaurant space and a 1,202 square
foot outdoor dining area to an existing 3,346 square foot restaurant and participation in
the Parking In-Lieu Fee Program for 21 parking spaces. The 0.19-acre project site is
addressed as 417 Carlsbad Village Drive, and located within Land Use District 1, Carlsbad
Village Center, of the Village Review (V-R) Zone and Local Facilities Management Zone 1.
The project qualifies as a CEQA Guidelines Section 15332 (In-Fill Development Projects)
Class 32 Categorical Exemption. This project is not located within the appealable area of
the California Coastal Commission.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 7135 RECOMMENDING
APPROVAL of Major Village Review Permit Amendment RP 92-10(A) and Coastal Development Permit
Amendment CDP 92-08(A) to the City Council based on the findings and subject to the conditions
contained therein.
II. PROJECT DESCRIPTION AND BACKGROUND
Project Site/Setting:
The 0.19-acre project site is comprised of one legal parcel located on the south side ofCarlsbad Village
Drive, east of the railroad tracks, west of State Street and addressed as 417 Carlsbad Village Drive. The
project site is located within Land Use District 1, Carlsbad Village Center, of the Village Master Plan, and
is located within the Village Segment of the coastal zone •.
Table 1 below identifies the General Plan designations, zo~ing and current land uses of the project site
and surrounding properties. ·
TABLE 1-SURROUNDING LAND USES
Location General Plan Designation Zoning Current Land Use
Site Village (V} Village Review (V-R}/ Restaurant/Fish Market
Land Use District 1
North Village (V} Village Review (V-R)/ Carlsbad Village Drive/Choice
Land Use District 1 Juicery
South Village (V) Village Review (V-R)/ City of Carlsbad public parking
Land Use District 1 lot
East Village (V) Village Review (V-R}/ Various retail stores.
Land Use District 1
Village Review (V-R)/ North County Transit District
West Village (V) Land Use District 1 (NCTD) railroad tracks/city
leased public parking.
RP 92-10(A)/CDP 92-08(A)-BLUEWATER GRILL
December 16, 2015
Page 2
Project Proposal:
The project applicant is requesting approval of a Major Review Permit (RP) amendment and Coastal
Development Permit (COP) amendment to add 2,049 square feet of interior restaurant space and ·a
1,202 square foot outdoor dining area to an existing 3,346 square foot restaurant and participation in
the Parking In-Lieu Fee Program for 21 parking spaces.
Since the expansion will increase the required parking spaces and eliminate the ten existing on-site
parking spaces, the project is proposing to purchase 21 parking spaces through the Village Parking In-
Lieu Fee Program to satisfy the entire parking requirement. The original project required a total of 26
parking spaces which was satisfied by 10 on-site parking spaces, 11 parking spaces purchased through
the Village Parking In-Lieu Fee Program and five spaces in the adjacent North County Transit District
(NCTD) owned parking lot.
The proposed project requires a total of 32 parking spaces. Since the property retains the 11 parking
spaces paid through the in-lieu fee program, an additional 21 parking spaces are proposed to be
purchased. Credit for the 5 parking spaces on land owned by NCTD will not be credited for this project
as previously allowed. Additional discussion on parking is located in Section Ill. B.
The existing building will remain, with minor changes to the existing exterior materials and roof. The
proposed 2,049 square foot addition expands to the rear of the existing building and generally to the
property lines. A new 1,202 square foot patio dining area will be located on the southwest corner of the
site. The outdoor dining area is enclosed by the proposed building to the north and east, a stucco wall
along the south property line and a partial wall with sliding shutters along the west property line. The
outdoor dining area is open to the sky with a portion of the dining area located under an open beam
"roof' feature.
The existing tile roof will remain and an extension of the tile roof over a portion of the addition will
blend and extend over the restaurant entrance on the west side of the building. Exterior wood features
are proposed to help tie in this portion of the new addition with the existing building which contains
exposed roof rafter tails and wood trim around the windows. The rest of the addition will have a flat
roof with a parapet, and walls finished in stucco and weathered wood siding that will complement the
existing building. Existing stone veneered landscaped planters will be re-faced with textured concrete.
The proposed addition and exterior refinishing will rejuvenate the exterior of the building and maintain
the character of the existing building architecture.
Ill. ANALYSIS
The proposed project is subject to the following ordinances, standards, and policies:
A. Village (V) General Plan Land Use designation;
B. Village Review (V-R) Zone (C.M.C. Chapter 21.35), Land Use District 1 -Carlsbad Village Center
(Village Master Plan and Design Manual); and
C. Growth Management Ordinance (C.M.C. Chapter 21.90), Local Facilities Management Plan Zone
1.
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 is discussed in detail in the sections below.
RP 92-10(A)/CDP 92-08(A)-BLUEWATER GRILL
December 16, 2015
Page 3
A. Village {V} General Plan Land Use Designation
The subject property, comprising one (1) legal parcel, has a General Plan Land Use designation of Village
(V). The Carlsbad General Plan includes the following goals for the Village: 1) Maintain and enhance the
Village as a center for residents and visitors with commercial, residential, dining, civic, cultural, and
entertainment activities; and 2) Develop a distinct identity for the Village by encouraging a variety of
uses and activities, such as a mix of residential, commercial, office, restaurants and specialty retail
shops, which traditionally locate in a pedestrian-oriented downtown area and attract visitors and
residents from across the community by creating a lively, interesting social environment.
The proposed project is consistent with the goals for the Village, as outlined within the General Plan,
because it provides an expansion and remodel of an existing restaurant use in an appropriate location
(Carlsbad Village Center Land Use District No. 1) within the Village. This in turn serves to enhance the
area as a core district that serves residents as well as tourists and regional visitors by providing
additional dining and employment opportunities. By providing more enhanced commercial
opportunities and attractive outdoor dining areas, the project helps to create a lively, interesting social
environment, which offers the necessary customer base to attract complementary uses. The project
reinforces the pedestrian-orientation desired for the downtown area by providing new residents and
employees an opportunity to walk to restaurants and. mass transit functions; its close proximity to
existing bus routes and mass transit help to further the goal of providing new economic and residential
development near transportation corridors; and lastly, will contribute to the lively and interesting social
environment of the Village area in the form of a remodeled and expanded restaurant in the core of the
Village. Furthermore, the project will provide a strong street presence by updating the appearance of
the existing building as viewed along Carlsbad Village Drive. Overall, the remodeled and expanded
restaurant will enhance the Village as a place for living, visiting, and working.
B. Village Review Zone (C.M.C. Chapter 21.35}, Land Use District 1 -Carlsbad Village Center
(Village Master Plan and Design Manual)
The subject property is located within Land Use District 1 -Carlsbad Village Center of the Village Master
Plan. Pursuant to the Village Master Plan, a restaurant is a permitted use.
The specific development standards for new development within Land Use District 1 and the project's
compliance with these standards are shown in Table 2 below:
TABLE 2-VILLAGE MASTER PLAN, LAND USE DISTRICT 1 (CARLSBAD VILLAGE CENTER)
STANDARD REQUIRED/ ALLOWED PROPOSED COMPLY
Setback: No minimum; 10' average No setback (0'). The existing building Yes
Front Yard setback for all floors above the and the proposed expansion are single-
(Carlsbad Village first at grade floor. story and do not contain any floors
Drive) ·above the at grade floor.
Setback: No minimum or maximum East:-0'
Side Yards West: 0' -9'
(east and west Yes
property
line/elevation)
Setback: No minimum or maximum 0' -18' Yes
Rear Yard
(south property
line/elevation)
RP 92-10(A)/CDP 92-08(A)-BLUEWATER GRILL
December 16, 2015
Page 4
TABLE 2-VILLAGE MASTER PLAN, LAND USE DISTRICT 1 {CARLSBAD VILLAGE CENTER)(CONTINUED)
STANDARD REQUIRED/ ALLOWED PROPOSED COMPLY
Open Space: 20% = 1,629 SF 33.7% (2,748 SF) Yes
Open space may be public or Outdoor dining areas: 1,851SF
private and may be dedicated to Exterior walkways: 897 SF
landscaped planters, open space ···:,;
pockets and/or connections,
roof gardens/patios, balconies,
other patios and outdoor eating
areas.
Building 100% 66.3% Yes
Coverage:
Building Height: 45' maximum Roof line: 18.5' Yes
Roof Pitch 50% of total roof structure to The existing restaurant was approved
have 5:12 roof pitch (Coastal with a 3:12 roof pitch over a portion of
Zone only). the building and a flat roof over the
other portion of the building. The
applicant is proposing to keep the
existing 3:12 roof pitch and extend the
existing flat roof to the new addition.
Modifying the existing roof or adding a
5:12 roof pitch to the new addition
would not fit in well architecturally. In
adqition, the 5:12 roof pitch standard
has b:een removed for properties ,
outside ofthe Coastal Zone and is
proposed to be removed from District 1
with the upcoming Village Master Plan
update. Therefore, staff recommends
keeping the existing 3:12 roof pitch as
previously approved and allow the
extension of the flat roof toward the
rear of the building.
Property Line 6' max No property line walls or fences are Yes
Walls/Fences: proposed .
. t·l
RP 92-lO{A)/CDP 92-08(A)-BLUEWATER GRILL
December 16, 2015
Page 5
TABLE 2-VILLAGE MASTER PLAN, LAND USE DISTRICT 1 (CARLSBAD VILLAGE CENTER)(CONTINUED)
STANDARD REQUIRED/ ALLOWED PROPOSED COMPLY
Parking: Restaurant (Coastal Zone}: Proposed: Yes
One (1) space per 100 sq. ft. of No parking spaces on-site, plus a request
interior net floor area. Net floor to purchase 21 parking credits.
area excludes storage areas,
restrooms, kitchen appliances The property owner has previously paid
and counters. into the Village Parking In-Lieu Fee
Program for 11 parking spaces. The
3,098 sq. ft. of net floor area+ balance of 21 required parking spaces
100 sq. ft.= 31 spaces will. also be provided through
participation in the Village Parking In-
Retail (Coastal Zone}: Lieu Fee Program. The project is located
One (1) space per 300 sq. ft. of adjacent to Public Parking Lots C (50
net floor area. spaces) and D (78 spaces). Findings of
support are discussed below and also in
298 sq. ft. of net floor area+ Planning Commission Resolution No.
300 sq. ft. = 1 space 7135.
Outdoor Dining
No parking required if the total
number of outdoor seats is less
than the total number of indoor
seats.
Total indoor seats: 125
Total outdoor seats: 95
95 < 125 = No parking required.
Total Required: 32 parking
spaces
As discussed in Table 2 above, the project proposes to satisfy its entire parking requirement to provide
21 parking spaces off-site through participation in the Village Parking In-Lieu Fee Program. The fees
collected from the Village Parking In-Lieu Fee Program are deposited into an earmarked, interest-
bearing fund to be used for construction of new, or maintenance of existing, public parking facilities
within the Village Area.
For the purposes of determining participation in the program, the Village has been divided into two (2)
parking zones (i.e., Zone 1 and Zone 2). Within the Coastal Zone and Parking Zone 1, a property owner is
eligible to participate in the program if the subject property is located east of the railroad tracks and if
the property is located within 600 feet of an existing public parking facility. The subject property is
located east of the railroad tracks and directly adjacent to two (2) existing public parking lots (i.e., Lots C
and D), which combined have a total of 128 parking spaces (see Attachment No.3).
In accordance with the standards set forth in the Village Master Plan, developers/property owners
within this zone may be allowed to make an in-lieu fee payment for up to one hundred percent (100%)
of the on-site parking requirement for proposed new development, conversion and/or intensifications
of use. The project applicant is requesting participation in the Village Parking In-Lieu Fee Program for 21
RP 92-10(A)/CDP 92-0S(A)-BLUEWATER GRILL
December 16, 2015
Page 6
parking spaces in addition to the 11 parking spaces previously paid for or 100% of the total required
parking (32 parking spaces) for the project. As a condition of project approval, the property owner shall
be required to enter into an agreement to pay the parking in-lieu fee prior to the issuance of building
permits for the project. The current fee is $11,240 per required parking space to be provided off-site. In
order to participate in the Village Parking In-Lieu Fee Program the following findings must be made by
the appropriate decision-making authority:
1. The proposed project is consistent with the goals and objectives of the Village Master Plan and
Design Manual;
2. The proposed use is consistent with the land use district in which the property is located;
3. Adequate parking is available within the Village to accommodate the project's parking demands;
and
4. The In-Lieu Fee Program has not been suspended or terminated by the City Council.
Justification for the above referenced findings is as follows:
1. The project is consistent with Village Review Master Plan and Design Manual in that the project
assists in satisfying the goals and objectives through the following actions 1) the project stimulates
property improvements and improves the physical appearance of the Village area by remodeling
and expanding an existing restaurant which increase the intensity of development within the Village;
2) it establishes Carlsbad Village as a quality shopping, working and living environment by providing
increased employment opportunities and by establishing a quality restaurant with expanded
outdoor dining areas.
2. The proposed use is consistent with the goals and objectives set forth for Land Use District 1 of the
Village Master Plan and Design Manual in that the mixed-use development not only provides a
mutually supportive use in the form of an expanded restaurant, but reinforces the pedestrian-
orientation desired for the downtown area by providing new residents and employees an
opportunity to walk to local shopping, dining, recreation, and mass transit functions; furthermore,
its close proximity to existing bus routes and mass transit help to further the goal of providing new
economic and residential development near transportation corridors; and lastly, it will contribute to
the revitalization ofthe Village area in the form of a remodeled and expanded restaurant in the core
of the Village.
3. Adequate parking is available within the Village to accommodate the project's parking demands.
Based on the most recent parking study dated September 2014, the average occupancy for all public
parking lots is 70%. This utilization ratio allows for continued implementation of the parking in-lieu
fee program because it is less than the 85% threshold for maximum utilization set by the City
Council; and
4. The In-Lieu Fee Program has not been suspended or terminated by the City Council.
Based on these findings, it is staffs recommendation that the proposed project warrants granting
participation in the Parking In-Lieu Fee Program for 21 parking spaces. If the City Council grants
participation in the Parking In-Lieu Fee Program the project will satisfy its parking requirement as set
forth in the Village Master Plan.
RP 92-10(A)/CDP 92-08(A)-BLUEWATER GRILL
December 16, 2015
Pa e 7
C. Growth Management
The proposed project is located within Local Facilities Management Zone 1 in the northwest quadrant of
the city. The impacts on public facilities created by the project, and its compliance with the adopted
performance standards, are summarized in Table 3 below:.
TABLE 3-GROWTH MANAGEMENT COMPLIANCE
STANDARD IMPACTS COMPLIANCE
City Administration N/A N/A
Library N/A N/A
Waste Water Treatment 3 EDU Yes
Parks N/A N/A
Drainage 1 CFS/Basin B Yes
Existing: 335 ADT
Circulation Proposed: 528 ADT Yes
Net increase: 193 ADT
Fire Station 1 Yes
Open Space N/A N/A
Schools {Carlsbad) N/A N/A
Sewer Collection System 660 GPO Yes
Water 1,215 GPO Yes
IV. ENVIRONMENTAl REVIEW
The City Planner has determined that the project belongs to a class of projects that the State Secretary
for Resources has found not to 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 Categorical Exemption of the State CEQA
Guidelines. The project is consistent with the General Plan, the Village Master Plan, and 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. 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.
ATTACHMENTS:
1. Planning Commission Resolution No. 7135
2. Location Map
3. Village Public Parking Lots
4. Disclosure Statement
5. Reduced Exhibits
6. Full Size Exhibits "A -I" dated December 16, 2015
NOT TO SCALE
SITE MAP
Bluewater Grill
RP 92-1 O(A) I COP 92-08(A)
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DISCLOSURE STATEMENT
Pn 1(A)
Q_?__l!_?_[g Put q_nL>-.g !Y ices
Planning Division
1635 Faraday Avenue
(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, corporation, estate, trust, receiver, syndicate, in this and any other county, 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 applicant's agent)
Provide the COMPLETE, 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 1 0% 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 publicly-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
Person .fllC~A/(P $"\P.vtvf'C>N Corp/Part .(SLvt~WA\\';-~ CA/tSt..€A~ L-.P.
Title ___ ..::._P_f?......:.....:'=~S-'1'-'-)"::>--'15'-"""--=-T-Title __________________ _
Address · --------------------Address. _____________ _
2. OWNER (Not the owner's agent)
P-1(A)
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
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 publicly-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
Person f2, 4 ~Jtd{.c Corp/Part f1~>1}u ~:r/)tf PL
Title f'o-i fd4 Title frq l4)401 t
Address __________ _ Address _____________ _
Page 1 of 2 Revised 07110
Planning Commission Minutes December 16, 2015
EXHIBIT6
Page 5
Commissioner L'Heureux thanked the applicant for designing the project. He stated he is also concerned
with the traffic and is torn with the impacts from other potential projects. Commissioner L'Heureux stated
can support the project.
Commissioner Segall likes the campus nature of the project. He can support the project but he too has
concerns with the cumulative traffic impacts.
Chairperson Anderson stated she can support the project.
MOTION
ACTION: Motion by Commissioner Segall and duly seconded by Commissioner Black that the
Planning Commission adopt Planning Commission Resolution No. 7138
recommending that the City Council certify the Environmental Impact Report EIR 15-
02, including the approval of Candidate Findings of Fact and a Mitigation Monitoring
and Reporting Program, and adopt Planning Commission Resolutions No. 7139,
7140, 7141, 7142, and 7143, recommending approval of General Plan Amendment
GPA 14-03, Zone Change ZC 14-02, Local Coastal Program Amendment LCPA 14-
03, Specific Plan Amendment SP 207(K), Carlsbad Tract Map 14-08, Non-
Residential Planned Development Permit PUD 15-01, Site Development Plan SDP
14-11, Conditional Use Permit CUP 15-03, Coastal Development Permit CDP 14-29,
and Hillside Development Permit 14-06 based on the findings and subject to the
conditions contained therein including the errata sheet dated December 16, 2015 ..
VOTE: 5-0
AYES: Chairperson Anderson, Commissioner Black, Commissioner L'Heureux,
Commissioner Montgomery and Commissioner Segall
NOES: None
ABSENT: Commissioner Siekmann
ABSTAIN: None
Chairperson Anderson closed the public hearing on Agenda Item 2 and called for 10 minute recess.
RECESS
Chairperson Anderson called for a 10 minute recess at 7:48p.m.
MEETING CALLED TO ORDER
Chairperson Anderson called the meeting to order at 8:00p.m. with all Commissioners present.
Chairperson Anderson asked Mr. Neu to introduce the next item and opened the public hearing on Agenda
Item 3.
3. RP 92-10(A)/CDP 92-0S(A)-BLUEWATER GRILL-Request for a recommendation of
approval of a Major Review Permit Amendment and Coastal Development Permit
Amendment to add 2,049 square feet of interior restaurant space and a 1,202 square foot
outdoor dining area to an existing 3,346 square foot restaurant and participation in the
Parking In-Lieu Fee Program for 21 parking spaces. The 0.19-acre project site is
addressed as 417 Carlsbad Village Drive, and located within Land Use District 1, Carlsbad
Village Center, of the Village Review (V-R) Zone and Local Facilities Management Zone 1.
The project qualifies as a CEQA Guidelines Section 15332 (In-Fill Development Projects)
Class 32 Categorical Exemption. This project is not located within the appealable area of
the California Coastal Commission.
Mr. Neu introduced Agenda Item 3 and stated Assistant Planner Chris Garcia would make the staff
presentation.
Mr. Garcia gave a brief presentation and stated he would be available to answer any questions.
Planning Commission Minutes December 16,2015 Page 6
Chairperson Anderson asked if there were any questions of staff.
Chairperson Anderson asked about any requirements for handicap parking. Mr. Garcia stated that as he
understands, when a project has no onsite parking, there is not a requirement to include handicap parking
onsite. Chairperson Anderson asked about North County Transit District (NCTD) taking back the lot and
lengthening the trail. Mr. Garcia stated that he has not heard anything. He has talked with city officials who
are overseeing the lease of that lot and NCTD is agreeable to any improvements to that lot so long as the
city is as well since the city is the leaseholder. Chairperson Anderson inquired about the parking
percentages and if that lot was included along with the city-owned lot. Mr. Garcia stated the parking
percentages include that lot and the adjacent city-owned lot; it does not include the lot on Washington
Street. Chairperson Anderson asked how many in lieu fees parking spaces were sold to the condominium
project across the street. Mr. Garcia stated he believes it was approximately 20 spaces.
Commissioner L'Heureux asked about the lease with NCTD. Mr. Garcia stated he does not have the exact
terms of the lease, however, he believes it might be a year-to-year lease or even a perpetual lease.
Commissioner L'Heureux asked if there has been any analysis done of what happens to parking if that lot
is removed from the equation. Mr. Garcia stated he has not done the analysis but based on the numbers
provided, it can be done.
Commissioner Segall asked about the Farmers Market and that event taking away parking spots in the
Village. Mr. Garcia explained that the Village and Barrio Master Plan In-Lieu Parking program takes into
account all lots as far as the utilization rate, not just the lots that happen to be adjacent to this site. There
will be parking available, perhaps not in those adjacent lots. The Farmers Market is a temporary impact
one day each week.
Chairperson Anderson asked if there were any further questions of staff. Seeing none, she asked if the
applicant wished to make a presentation.
George Kelly, architect for the project, 1107 S. Windsor Blvd, Los Angeles, gave a brief presentation and
stated he would be available to answer any questions. He added that they will provide 2 ADA parking
spaces at the NCTD parking lot. Chairperson Anderson asked if Mr. Kelly had any concerns about the
potential for the trail to be expanded. Mr. Kelly stated that if that were to happen some sort of easement
would need to be granted to provide access to the lot. That would have to be addressed over a period of
years.
Chairperson Anderson asked if there were any questions of the applicant.
Commissioner Montgomery asked about the fish tank. Mr. Kelly stated that the fish tank has been moved
to the San Marcos location. Commissioner Montgomery ;'i3S.ked about the proposed outdoor dining. Mr.
Kelly stated that the concept for the remodel and expansion is that the fish market will remain and will
modernized. The outdoor dining will allow the restaurant to appear larger.
Commissioner Segall asked if they plan on keeping the indoor grill. Mr. Kelly stated yes but it will not be in
the same configuration.
Commissioner L'Heureux asked about removing the telephone poles. Mr. Kelly stated those are utility
poles and it would take decades to have those removed. Commissioner L'Heureux suggested having an
alternative in case those the parking spaces at the NCTD are removed in the future.
Commissioner Black asked about the anticipated opening. Mr. Kelly stated they are looking to open in May
or June.
Chairperson Anderson commented that they should be mindful of the parking issues with the Farmers
Market.
Chairperson Anderson asked if there were any further questions of the applicant. Seeing none, she asked
if any person in the audience wished to speak on the item. Seeing none, Chairperson Anderson opened
and closed public testimony.
Planning Commission Minutes December 16, 2015 Page 7
DISCUSSION
Commissioner Montgomery stated he is completely in favor of the project.
Commissioner Black stated that he can support the project.
Commissioner L'Heureux thanked staff and the applicant and stated he can support the project.
Commissioner Segall stated he can support the project.
Chairperson Anderson commented that she likes the proposed outdoor dining and stated she can support
the project.
MOTION
ACTION: Motion by Commissioner Segall and duly seconded by Commissioner L'Heureux that
the Planning Commission adopt Planning Commission Resolution No. 7135
recommending approval of Major Village Review Permit Amendment RP 92-1 O(A)
and Coastal Development Permit Amendment CDP 92-08(A) to the City Council
based on the findings and subject to the conditions contained therein.
VOTE: 5-0
AYES: Chairperson Anderson, Commissioner Black, Commissioner L'Heureux
Commissioner Montgomery and Commissioner Segall
NOES: None
ABSENT: Commissioner Siekmann
ABSTAIN: None
Chairperson Anderson 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. CT 15-05/PUD 15-13-QUARRY CREEK-PA R-3-A request for approval of a Tentative
Tract Map and Planned Development Permit for 88, two-story, multi-family airspace
condominiums within Planning Area R-3 of the Quarry Creek Master Plan, located on the
corner of Marron Road and El Saito Falls Street, in Local Facilities Management Zone 25.
Pursuant to CEQA Guidelines Section 15168(c)(2), the project is within the scope of the
previously-certified Quarry Creek Master Plan Program Environmental Impact Report (EIR
11-02).
Mr. Neu introduced Agenda Item 4 and stated Associate Planner Shannon Werneke would make the staff
presentation.
Ms. Werneke gave a brief presentation and stated she would be available to answer any questions.
Chairperson Anderson asked if there were any questions of staff.
Commissioner Montgomery asked about the public use areas and when those areas need to be completed
and operational. Ms. Werneke stated that pursuant to the master plan, the community recreation area (P-
2) is required to be constructed concurrently with the development of the first residential planning area.
That application has been submitted and being reviewed concurrently. Commissioner Montgomery
commented that he wants to make sure the community facilities are met.
Commissioner L'Heureux asked about affordable housing and what the triggers for that. Ms. Werneke
stated the Site Development Permit (SDP) for the development of the inclusionary housing project has been
submitted and is under review by staff. Pursuant to the affordable housing agreement, once the SOP is
approved, building permits can be released for 33% of the total market-rate units and up to 95 affordable
units.
Chairperson Anderson asked if there were any further questions of staff. Seeing none, she asked if the
applicant wished to make a presentation.
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 Chamber, 1200 Carlsbad Village
Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, January 26, 2016, to consider approval of a
Major Review Permit Amendment and Coastal Development Permit Amendment to add 2,049
square feet of interior restaurant space and a 1 ,202 square foot outdoor dining area to an existing
3,346 square foot restaurant and participation in the Parking In-Lieu Fee Program for 21 parking
spaces. The 0.19-acre project site is addressed as 417 Carlsbad Village Drive, and located within
Land Use District 1, Carlsbad Village Center, of the Village Review (V-R) Zone and Local Facilities
Management Zone 1 and more particularly described as:
Lot 1 of Subdivision of a portion of Tract 106 of Carlsbad Lands, in the City of
Carlsbad, County of San Diego, State of California, according to the Map thereof
No. 1710, filed in the Office of the County Recorder of said San Diego County,
December 9, 1919.
Also, a rectangular strip of land one foot wide and seventy-two feet long, being a
portion of the Westerly side of Lot 2 of Subdivision of a portion of Tract 1 06 of
Carlsbad Lands, according to Map thereof No. 1710, filed in the Office of the
County Recorder of San Diego County, December 9, 1919, more particularly
described as follows:
Beginning at the intersection of the Easterly line of Lot 1 of said Subdivision with
the Southerly line of Elm Street (also known as State Highway) and running along
said Easterly line of said Lot 1 in a Southerly direction, 72 feet; thence at right
angles in an Easterly direction, 1 foot; thence at right angles in a Northerly direction
and parallel with said Easterly line of said Lot 1 to an intersection with said
Southerly line of said Elm Street (also known as State Highway); thence in a
Westerly direction along the Southerly line of said Elm Street to the Point of
Beginning
Whereas, on December 16, 2015 the City of Carlsbad Planning Commission voted 5-0 to
recommend approval of a Major Review Permit Amendment and Coastal Development Permit
Amendment to add 2,049 square feet of interior restaurant space and a 1 ,202 square foot outdoor
dining area to an existing 3,346 square foot restaurant and participation in the Parking In-Lieu
Fee Program for 21 parking spaces. The 0.19~acre project site is addressed as 417 Carlsbad
Village Drive, and located within Land Use District 1, Carlsbad Village Center, of the Village
Review (V-R) Zone and Local Facilities Management Zone 1. The project qualifies as a CEQA
Guidelines Section 15332 (In-Fill Development Projects) Class 32 Categorical Exemption. This
project is not located within the appealable area of the California Coastal Commission.
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 January 22, 2016. If you have any
questions, please contact Chris Garcia in the Planning Division at (760) 602-4622 or
chris.garcia@carlsbadca.gov.
If you challenge the Major Review Permit Amendment 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 92-10(A)/CDP 92-08(A)
CASE NAME: BLUEWATER GRILL
PUBLISH: January 15, 2016
CITY OF CARLSBAD
CITY COUNCIL
NOT TO SCALE
Bluewater Grill
RP 92-1 O(A) I COP 92-08(A)
Easy Peei® labels
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OCCUPANT LABELS
417 CARLSBAD VILLAGE DR
CARLSBAD CA 92008
100' RADIUS
2
' POPULAR NAILS SALON
435 CARLSBAD VILLAGE DR
CARLSBAD CA 92008
2
CARLSBAD GEM & MINERAL
3019 STATE ST
CARLSBAD CA 92008
5
CARLSBAD VILLAGE INFORMATION
CENTER
400 CARLSBAD VILLAGE DR
CARLSBAD CA 92008
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FISH HOUSE VERA CRUZ
417 CARLSBAD VILLAGE DR
CARLSBAD CA 92008
2
THE STYLE LOUNGE
'445 CARLSBAD VILLAGE DR
CARLSBAD CA 92008
2
PACIFIC COAST PRINTING
3021 STATE ST
CARLSBAD CA 92008
6
CHOICE SUPERFOOD BAR & JUICERY
430 CARLSBAD VILLAGE DR
CARLSBAD CA 92008
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425 CARLSBAD VILLAGE DR
CARLSBAD CA 92008
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BLUES AND SHOES
457 CARLSBAD VILLAGE DR
CARLSBAD CA 92008
5
VINE CHURCH
399 CARLSBAD VILLAGE DR
CARLSBAD CA 92008
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1-800-GO-AVERY
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OWNERSHIP LABELS
417 CARLSBAD VILLAGE DR
CARLSBAD CA 92008
600' RADIUS
3
CITY OF CARLSBAD I PUBLIC AGENCY
STATE ST
CARLSBAD CA 92008
6
LAKRITZ FAMILY PARTNERSHIP 75% I
GILBOA,DAFNA FAMILY TRUST ETAL
8502 E CHAPMAN AVE 614
ORANGE CA 92869
9
MACDONALD PROPERTIES 99%
208 FOREST SERVICE ROAD 315
CAREYWOOD 10 83809
12
AVIS,DOUGLAS M & LORI TRUST
550 LAGUNA DR B
CARLSBAD CA 92008
15
GONZALES,BELYNN R TRUST ETAL
2728 CHESTNUT AVE
CARLSBAD CA 92010
18
WOOLSEY,RICHARD A I
LEISHER,MARLIN E
234 VENTURE ST 100
SAN MARCOS CA 92078
21
KNAPP,CLARK R
2889 OCEAN FRONT WALK C
SAN DIEGO CA 92109
24
STERLING DEVELOPMENT CORP
162 S RANCHO SANTA FE RD STEB85
ENCINITAS CA 92024
27
MONTALBANO,MARGUERITE TRUST I
MONTALBANO,ANN S025 ETAL
1151 WILD CANARY LN
ENCINITAS CA 92024
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BUTLER PROPERTIES LLC
PO BOX4050
NEWPORT BEACH CA 92661
4
VINE CHURCH
7040 AVENIDA ENCINAS #104-3
CARLSBAD CA 92011
7
ALL AMERICAN ENGINEERING &
TRADING INC 50% ETAL
721 MCGAVRAN DR
VISTA CA 92081
10
CLARKE FAMILY DECEDENTS TRUST
2665 JEFFERSON ST
CARLSBAD CA 92008
13
PACHECO,LEO & DIANNA J
2100 CHESTNUT AVE
CARLSBAD CA 92008
16
GARCIA,PAUL J I PIATEK,JOY METAL
300 CARLSBAD VILLAGE DR 108
CARLSBAD CA 92008
19
GUNTER FAMILY TRUST
PO BOX 749
SAN PEDRO CA 90733
22
2921 ROOSEVELT L TO CALIFORNIA
BUSINESS TRUST
7040 AVENIDA ENCINAS 104-1
CARLSBAD CA 92011
25
CITY OF CARLSBAD I PUBLIC AGENCY
2992 ROOSEVELT ST
CARLSBAD CA 92008
28
NOBEL FAMILY TRUST
6435 CAMINITO BL YTHEFIELD C
LA JOLLA CA 92037
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2019 ESTERO ST
OCEANSIDE CA 92054
5
NORTH SAN DIEGO COUNTY TRANSIT
DEVELOPMENT BOARD
399 CARLSBAD VILLAGE DR
CARLSBAD CA 92008
8
CITY OF CARLSBAD I PUBLIC AGENCY
2897 STATE ST
CARLSBAD CA 92008
11
MISSION SQUARE SHOPPING CENTER
PO BOX 1186
LA JOLLA CA 92038
14
GARCIA,ABEL C LIVING TRUST
1502 ROLLING HILLS DR
OCEANSIDE CA 92056
17
VILLAGE CORNER LLC
2998 STATE ST
CARLSBAD CA 92008
20
HYLEN-CARLSBAD LLC
5146 CHELTERHAM TER
SAN DIEGO CA 92130
23
CITY OF CARLSBAD I PUBLIC AGENCY
2936 ROOSEVELT ST #2944
CARLSBAD CA 92008
26
BANK OF AMERICA NT & SA
101 N TRYON ST NC1-00
CHARLOTTE NC 28246
29
TRAM,LIEN TRANG
3147 ROOSEVELT ST
CARLSBAD CA 92008
www.avery.com
11-800-GO-AVERY
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30
ROOSEVELT VILLAGE LLC
PO BOX 1264
KILAUEA HI 96754
33
MANNO,ILARIO & MARIE
1309 VISTA COLINA DR
SAN MARCOS CA 92078
36
CARLSBAD VILLAGE PARTNERS LLC
3303 LILAC SMT
ENCINITAS CA 92024
39
BALIAN,ANAHID HI GUZELIMIAN,NADYA
PO BOX206
SOLANA BEACH CA 92075
42
CLARK,KATHLEEN M
3060 STATE ST
CARLSBAD, CA 92008
45
HALL, MOLLY A TRUST
2604 EL CAMINO REAL B
CARLSBAD CA 92008
48
1 NORTH SAN DIEGO COUNTY TRANSIT
DEVELOPMENT BOARD
MAILING ADDRESS: NIA
APN: 204-010-14 & 204-010-15
51
GOLDMAN,GLENN L FAMILY TRUST
2522 SILVER CLOUD DR
PARK CITY UT 84060
54
D L N N PROPERTIES LLC
10772 E YEARLING DR
SCOTTSDALE AZ 85255
57
BITONI,MARIE A
536 N MISSION DR
SAN GABRIEL CA 91775
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BOYS & GIRLS CLUB OF CARLSBAD
PO BOX 913
CARLSBAD CA 92018
34
ACUNA FAMILY LIVING TRUST
91 MAYNARD AVE
NEWBURY PARK CA 91320
37
SIMS, LAURIE A
2820 WILSON ST
CARLSBAD CA 92008
40
PETERS,JERRY 2004 TRUST
270 LISZT AVE
CARDIFF BY THE SEA CA 92007
43
STATE & OAK CARLSBAD L
10946 MAD RONA DR
SIDNEY BC V81592
46
CITY OF CARLSBAD I PUBLIC AGENCY
MAILING ADDRESS: NIA
APN: 204-010-06 & 204-010-05
49
SAN KATRINA LLC
7136 VISTA DEL MAR AVE
LA JOLLA CA 92037
52
WILLIS TRUST
21588 APPALOOSA CT
CANYON LAKE CA 92587
55
OCEAN MIST LLC
337 OAK AVE
CARLSBAD CA 92008
58
WIEHLE,DANIEL C & ANTOINETTE V
2148 S PEARL DR
CAMP VERDE AZ 86322
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32
BENNETT,RUSSELL L
PO BOX356
SOLANA BEACH CA 92075
35
TERAN,SARA C
305 DATE AVE
CARLSBAD CA 92008
38
WILLIS, GEORGE R & JACKYE E TR
2050 LAURIE CIR
CARLSBAD CA 92008
41
VILLAGIO CARLSBAD COTTAGES LLC
3085B ROOSEVELT ST
CARLSBAD CA 92008
44
VIGNE,THOMAS D & LUCINDA S
3880 HIBISCUS CIR
CARLSBAD CA 92008
47
SIEGEL,EUGENE H TRUST
5553 TRINITY WAY
SAN DIEGO CA 92120
50
HUNJAN,GULZAR SINGH
13790 NOB AVE
DEL MAR CA 92014
53
BOVENZI,MICHAEL
341 OAKAVE
CARLSBAD CA 92008
56
BLUE OCEAN DREAMS LLC
JL KEMENG UTARA N 44B
MAMPANG PRAPATAN
59
SPADARO TRUST
212 DONNICKAVE
THOUSAND OAKS, CA 91360
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60
C N SW4 LLC
21421 SEAFORTH LN
HUNTINGTON BEACH CA 92646
I 63
KERCKHOFF,PAMELA J
5249 SHELLEY PL
CARLSBAD CA 92008
66
GIPNER FAMILY TRUST I
1 GIPNER,VIRGINIA L
32411 WOMSI RD
PAUMA VALLEY CA 92061
69
MACPHERSON,STEVEN & MARGARET
1277 FOREST AVE
CARLSBAD. CA 92008
72
JOHNS FAMILY TRUST
6565 BIRCH DR
SANTA ROSA, CA 95404
75
CARPENTER, LEWIS S & GEORGIA
697 N SKY MOUNTAIN BLVD
! HURRICANE UT 84737
78
BUTCHKO FAMILY TRUST
2763 VICTORIA AVE
CARLSBAD CA 92010
81
LASKI,ROSE TRUST
PO BOX2686
CARLSBAD CA 92018
84
BRADSHAW SURVIVORS FAMILY
TRUST
4376 HORIZON DR
CARLSBAD CA 92008
87
GOLDSTEIN,BERNARD & MARINA
FAMILY TRUST
160 TAMARACK AVE
CARLSBAD. CA 92008
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GUTHRIE, DALE W & JO E FAMILY
TRUST
2121 E PARK AVE
GILBERT AZ 85234
64
NELSON,BEATRICE H REVOCABLE
TRUST ETAL
3955 SKYLINE RD
CARLSBAD CA 92008
67
C N S W 11 LLC
21421 SEAFORTH LN
HUNTINGTON BEACH CA 92646
70
TABER,TIMOTHY J I
PRANGE-TABER,MARGARET L
3175 MULBERRY DRS
SALEM OR 97302
73
COBB,HUGH R TRUST I
COBB,JUNE C TR
3180 CAMINO ARROYO
CARLSBAD CA 92009
76
WYATT FAMILY TRUST
1342 SUN VALLEY RD
SOLANA BEACH CA 92075
79
WOODWARD,DAVID K& BEVERLY M
3413 CORVALLIS ST
CARLSBAD CA 92010
82
OGILVIE FAMILY TRUST
73-4519 KOHANAIKI RD 13
KAILUA KONA Hl96740
85
TELFER,JAMES L
3338 CENTRAL ST
DEXTER Ml 48130
88
CALIFORNIA PROPERTY BROKERS L TO
14602 WINTER CREEK LN
VALLEY CENTER CA 92082
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TRENT FAMILY TRUST
2429 WINDWARD CIR
WESTLAKE VILLAGE CA 91361
65
HODGES,THOMAS F
19988 LAKE DR
ESCONDIDO CA 92029
68
JEFF FULLER IRA KAREN FULLER IRA
555 12TH ST 1250
OAKLAND CA 94607
71
CRINGAN,GARY A
30195 VIA DE LA MESA
TEMECULA CA 92591
74
STANDAGE,DAVID K & JAMIE A
20150 E SONOQUI BLVD
QUEEN CREEK AZ 85142
77
MORIN ,VERA G
10952 MORNING STAR DR
LA MESA CA 91941
80
HOCKETT,SUE TRUST
3080 LINCOLN ST 24
CARLSBAD CA 92008
83
CRUSE, GARY C & DEBRA J
PO BOX 1098
CARLSBAD CA 92018
86
BITONTI,THOMAS FAMILY TRUST
536 N MISSION DR
SAN GABRIEL CA 91775
89
377 CARLSBAD VILLAGE DRIVE LLC
PO BOX 1562
CARLSBAD CA 92018
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Bluewater Grill
RP 92-10(A)/CDP 92-08(A)
Location Map
C A R L S B A D V IL L A G E D R
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RP 92-10(A) / CDP 92-08(A)
Bluewater Grill
SITE MAP
PALOMAR AIR P O RTRDELCAMREAL
LA COST A AVCARLSBADBLELCAMINOREAL MELR
OSEDRAVIARAPY
RANC HO S A NTAFERDCOLLEGEBL
C A R L S B A D V IL L A G E D R
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0 300 600150
Feet
RP 92-10(A) / CDP 92-08(A)
Bluewater Grill
Site Plan
Surrounding Area
West Elevation –Entry
West Elevation –Patio
Parking
•Existing restaurant –26 parking spaces
required
–10 Parking spaces on-site
•Proposed Restaurant –32 parking spaces
required
–No parking spaces on-site
•11 in-lieu parking fees previously paid
•In-lieu fees proposed for remaining 21
required parking spaces
Parking
•Village Master Plan allows up to 100%in-lieu
fees for commercial projects in certain areas
when consistent with the master plan
•Utilization must be under 85%as set by City
Council
•Sept 2014 Village parking study shows 70%
utilization of all public parking lots in the
Village
Parking Occupancy –Weekday
Parking Occupancy –Weekend
Project Consistency
•Village Master Plan and Design Manual,
Land Use District 1 –Carlsbad Village Center;
•Coastal Development Regulations;
•Growth Management Ordinance;and
•California Environmental Quality Act (CEQA).
Recommendation
That the City Council ADOPT City Council
Resolution Nos.2016-019 &2016-020
APPROVING Major Village Review Permit
Amendment RP 92-10(A)and Coastal
Development Permit Amendment CDP 92-
08(A)based on the findings and subject to
the conditions contained therein.