Loading...
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 Pagel of2 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. Ill Ill Ill Ill Ill Ill -2- 1 2 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: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AYES: Council Members Wood, Schumacher, Blackburn, Packard. NOES: None. ABSENT: Council Member Hall. RRAINE WOOD, Mayor Pro Tern ATTEST: {SEAL) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. -3- 1 2 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: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 ) ) ) ) ) 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. 2 CA 11/5/2014 1 \ 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. 3 CA 11/5/2014 EXHIBIT 3 NOT TO SCALE SITE MAP Bluewater Grill RP 92-1 O(A) I COP 92-08(A) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 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) 16 17 18 19 20 21 22 23 24 25 26 27 28 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14. 15. 16. 17. 18. 19. ,. 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 1 2 3 4 5 6 7 8 9 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 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 25. 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 30. 31. 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. PC RESO NO. 7135 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 38. 39. 40. 41. 42. 43. 44. 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) (~it y of ('c)-~·~ ct)·arl ,,_Ju.~ LJL c ~" 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 Use Avery® Template 5160®/8160™ 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 I I ~ Etiquettes fadles a peler I Uti!isez !e gabaritAVERY® 5160®/8160Mc j ... -FeedPaper- I Bend along line to 1 expose Pop-up Edge™ J 1 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 .... Sens de charqement Repliez a Ia hadmre afira de l reveler le rebord Pop-upMC 1 I @ AVERY® 6240TM l i 2 RAGZ DRESSWARE 425 CARLSBAD VILLAGE DR CARLSBAD CA 92008 I 2 BLUES AND SHOES 457 CARLSBAD VILLAGE DR CARLSBAD CA 92008 5 VINE CHURCH 399 CARLSBAD VILLAGE DR CARLSBAD CA 92008 WWWoavery.wm 1-800-GO-AVERY I B B J. Easy Peel® labels I I I , Use Aver,y® Template 5160®/8160™ J 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 I Etiquettes faciles a peler I Utilisez le qabarit AVERY® 5160®/8160Mc J I Bend along line to l expose Pop-up Edge™ A &.. -FeedPaper- 1 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 A. Sens de rh;,ra9m9nt Repliez a Ia hachure afin de I reveler !e rebord Pop-upMC j @ AVERY® 624()TM l 2 RYBURN BUILDING LLC 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 Easy !Peel® labels ··Use Avery® Template 5160® /8160™ 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 I Etiquettes faciles a peler 1 Utilise:z le gabarit AVERY® 5160®18160Mc j A -Bend along line to i expose Pop-up EdgeT"' J feedPaper- 31 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 I ... Sens de charaement Repliez a ~a hadmre afin de I reveler !e rebord Pop-upMC J @ AVERY® 6240TM l 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 www.avery.com 1-800-GO-AVERY u I I A I Easy Peel® labels I I I ·Use Avery® Template 5160®f8160TM J 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 Etiquettes faciles a peler 1 Utmsez le gabarit AVERY® 5160®/8160Mc j ... -feedPaper- 61 Bend along line to expose Pop-up Edge™ 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 A Sens de chargement ! Repliez a Ia hachure afin de : reveler le rebord Pop-upMC J ~ AVERY® 624()TM ! £ 62 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 www.avery.com 1-800-GO-AVIER.Y ! I I A 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 T Y L ER S T ROOS E VE L T S T G R A N D A V OCEAN S T O A K A V CHRI S TI A N S E N W Y STA T E S T PINE A V JE F F ER SON S T WAS H ING TON S T L I NCO LN S TGARF I E LD S T MAD I SO N S T CAR L SBAD B L 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 PINE A VMAD I SON S T OCEAN ST G R A N D A V WALN U T A VROO S EV E L T S T O A K A V S TA TE S T CHRIS TI A N S E N W Y T Y L E R S TWASH ING TON S T BEEC H A V J E F FE RSO N S T LINCO L N S T G AR F IE L D S T CAR L S BAD B L 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.