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HomeMy WebLinkAbout2016-03-22; City Council; 22246; Approving a parking-in-lieu agreement with Lakritz Family Partnership LP for Barrel Republic located at 2961 State Street in Land Use District 1 of the Village Review Zone and within Local Facilities Management Zone 1AB# MTG. DEPT. 22,246 3/22/16 CED CITY OF CARLSBAD-AGENDA BILL ADOPT RESOLUTION APPROVING A PARKING IN-LIEU FEE PROGRAM PARTICIPATION AGREEMENT BETWEEN THE CITY COUNCIL AND LAKRITZ FAMILY PARTNERSHIP, LP, PROPERTY OWNER, FOR THE PROJECT KNOWN AS BARREL REPUBLIC (RP 15-02(A)/CDP 15-02(A)) LOCATED AT 2961 STATE STREET IN LAND USE DISTRICT 1 OF THE VIllAGE REVIEW ZONE DEPT. DIRECTOR CITY ATIORNEY CITY MANAGER RECOMMENDED ACTION: 9 Adopt a resolution approving a parking in-lieu fee program participation agreement between the City Council and Lakritz Family Partnership LP, property owner, for the project known as Barrel Republic located at 2961 State Street in Land Use District 1 of the Village Review Zone and within Local Facilities Management Zone 1. ITEM EXPLANATION: Project Application(s) Administrative Planning City Council Approvals Commission RP 15-02{A) (Parking In-Lieu Fee Program X Participation Agreement ONLY) RP 15-02{A)/CDP 15-02(A) A A= Approved x = Final City decision-making authority ./ = requires Coastal Commission approval On March 3, 2016, the City Planner approved Administrative Review Permit Amendment RP 15-02{A) and Administrative Coastal Development Permit Amendment CDP 15-02(A) to allow for expansion of an approved restaurant space which requires conversion of adjacent retail and storage uses to a restaurant use and participation in the Parking In-Lieu Fee Program for five (5) parking spaces for the required parking for the project located at 2961 State Street in Land Use District 1 of the Village Review Zone and within Local Facilities Management Zone 1. A total of 17 parking spaces are required for the restaurant and eight in-lieu fees were already approved under the original permit and have been paid. Four of the existing six parking spaces on-site will count toward the restaurant's 17 required parking spaces. The remaining two on-site parking spaces cannot be counted for the restaurant use, as there are other tenants on-site with a parking demand. No public comments were received during the public notice period and no request for an administrative hearing was received prior to the approval by the City Planner. Although the project (RP 15-02(A)/CDP 15-02{A)) received final approval by the City Planner, in accordance with the Village Master Plan, the City Council must approve the Village Parking In-Lieu Fee Program Participation Agreement between the Council, on behalf of the City of Carlsbad, and Lakritz Family Partnership LP, property owner, for the project known as Barrel Republic. The Parking In-Lieu Fee Program Participation agreement will allow the property owner to pay the established parking in-lieu fee for a total of five {5) parking spaces to satisfy the project's on-site parking requirement. The four on-site parking spaces and the eight in-lieu parking fees already approved and paid make up the remainder of the required parking. The current parking in-lieu fee is $11,240 per parking space. DEPARTMENT CONTACT: Chris Garcia 760-602-4622 chris.garcia@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED \)21'" CONTINUED TO DATE SPECIFIC D DENIED D CONTINUED TO DATE UNKNOWN D CONTINUED D RETURNED TO STAFF D WITHDRAWN D OTHER-SEE MINUTES D AMENDED D Barrel Republic Parking In Lieu Agreement March 22, 2016 Page2of2 The City Planner's approval letter is attached for the Council's review. In addition, the necessary resolution and corresponding Parking In-Lieu Participation Agreement, enabling the property owner to participate in the Parking In-Lieu Fee Program for five (5) parking spaces, are attached for the Council's review and approval. FISCAL IMPACT: The approval of the parking in-lieu fee program participation agreement will result in approximately $56,200 to the city as a result of the payment of five (5) 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 the Barrel Republic project including the Parking In-Lieu Fee Participation Agreement belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15332 (In-fill Development Projects) Class 32 of the State CEQA Guidelines. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. A Notice of Exemption will be filed by the City Planner upon final project approval. EXHIBITS: 1. City Council Resolution (RP 15-02(A) Parking In-Lieu Fee Program Participation Agreement ONLY) 2. Parking In-Lieu Fee Program Participation Agreement 3. Location Map 4. RP 15-02(A)/CDP 15-02(A) Approval Letter dated March 3, 2016 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 RESOLUTION NO. 2016-055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A PARKING IN-LIEU FEE PROGRAM PARTICIPATION AGREEMENT BETWEEN THE CITY COUNCIL AND LAKRITZ FAMILY PARTNERSHIP, LP, PROPERTY OWNER, FOR THE PROJECT KNOWN AS BARREL REPUBLIC LOCATED AT 2961 STATE STREET IN LAND USE DISTRICT 1 OF THE VILLAGE REVIEW ZONE AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: BARREL REPUBLIC CASE NO.: RP 15-02(A)/CDP 15-02(A) The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, as a condition of approval of Administrative Village Review Permit Amendment RP 15-02{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 five (5) commercial parking spaces to satisfy the on-site parking requirements for the project located at 2961 State Street within Land Use District 1 of the Village Review Zone; and WHEREAS, the Council finds that the subject property and project has qualified to participate in the Village Parking In-Lieu Fee Program and participation in the program will satisfy the five (5) required commercial parking spaces for the subject project on the noted property at 2961 State Street; and WHEREAS, the City Planner on March 3, 2016 determined that the proposed project is consistent with the goals and objectives ofthe Village Master Plan and Design Manual; and WHEREAS, the Council has previously determined that there is adequate public parking available within the Village Area to accommodate the subject project's parking demands and that the 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. 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 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 Council, on behalf of the City of Carlsbad, and Lakritz Family Partnership, LP, property owner of the project known as Barrel Republic which is located at 2961 State Street, in Land Use District 1 of the Village Review Zone of the City of Carlsbad. 3. That the Mayor of the City of Carlsbad is hereby authorized to execute said Agreement, attached herein as Exhibit 2, 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 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 Ill Ill Ill -2- 1 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on 2 the 22nd day of March 2016, by the following vote, to wit: 3 AYES: Council Member Hall, Wood, Schumacher, Blackburn, Packard. 4 NOES: None. 5 ABSENT: None. 6 7 8 9 10 ATTEST: 11 12 BARBARA ENGLESO ;City Clerk 13 (SEAL) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- 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 A~sessor's Parcel Number 203-293-04-00 ----~~----~~~------Project Number and Name RP 15-02(A)/CDP 15-02(A) - CITY OF CARLSBAD PARKING IN-LIEU FEE PROGRAM PARTICIPATION AGREEMENT Barrel Republic THIS PARTICIPATION AGREEMENT ("Agreement") is entered into this 2.3Y~ day of 1\Jlr;wvVl. , 2016, by and between the CITY OF CARLSBAD, a municipal corporation of the State of California ("City"), and Lakritz Family Partnership, LP, ("Program Participant"), is made with reference to the following: RECITALS A Program Participant is the owner of certain real property located at 2957-2965 State Street (APN: 203-293-04-00) in the City of 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 an Administrative Review Permit Amendment and Administrative Coastal Development Permit Amendment (RP15-02(A)/CDP 15-02(A)), which provides conditional approval allow the expansion of an approved restaurant space by · converting adjacent retail and storage space to restaurant, and participation in the Parking In-Lieu Fee Program for five (5) parking spaces to satisfy the on-site parking requirements ("Project"). B. Condition No. 8 of City Planner administrative approval letter for RP 15-02(A)/CDP 15-02(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 Administrative Review Permit Amendment No. RP 15-02(A) and Administrative Coastal Development Permit Amendment COP 15-02(A) for the Project, and provides that the Program Participant pay a Parking In-Lieu Fee for a total of five (5) parking spaces. The Program Participant shall pay the approved Parking In-Lieu Fee (per parking space) in effect following approval of Administrative Review Permit Amendment No. RP 15-02(A) and Administrative Coastal Development Permit Amendment No. COP 15-02(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 (o APN: 203-293-04-00 PROJECT NO. & NAME: RP 15-02(A)/CDP 15-02(A) -Barrel Republic NOW, THEREFORE, incorporating the foregoing Recitals and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. THE RECITALS ARE TRUE AND CORRECT. 2. ON-SITE PARKING REQUIREMENTS WILL BE SATISFIED THROUGH THE PAYMENT OF A PARKING IN-LIEU FEE. (a) Performance under this Agreement satisfies the Program Participant's obligation for providing five (5} on-site parking spaces for the Project covered by Administrative Review Permit Amendment No. RP 15-02(A} and Administrative Coastal Development Permit Amendment No. COP 15-02(A} by reason of City Council approval of Administrative Review Permit Amendment No. RP 15-02(A} and Administrative Coastal Development Permit Amendment No. COP 15-02(A}, including Condition No. 81isted in the City Planner approval letter dated March 3, 2016. (b) The Program Participant shall pay the Parking In-Lieu Fee for a total of five (5) parking spaces as established by the City Council, and, as required by Condition No. 8 of the City Planner approval letter for RP 15-02(A}/CDP 15-02(A} dated March 3, 2016. 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 ~ssist 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 Administrative Review Permit Amendment RP 15-02(A} and Administrative Coastal Development Permit Amendment No. COP 15-02(A) conditioned upon the Program Participant's payment of a Parking In-Lieu Fee for a total of five (5) 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. 8 of the City Planner approval letter for RP 15-02(A)/CDP 15-02(A) dated March 3, 2016. 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 APN: 203-293-04-00 PROJECT NO. & NAME: RP 15-02(A)/CDP 15-02(A) -Barrel Republic 5. NOTICES All notices required pursuant to this Agreement shall be in writing and may be given by personal delivery or by registered or certified mail, return receipt requested to the party to receive such notice at the address set forth below: TO THE CITY: Community & Economic Development Department Planning Division Attn: City Planner 1635 Faraday Avenue Carlsbad, California 92008 TO THE PROGRAM PARTICIPANT: Lakritz Family Partnership, LP 8502 E. Chapman Avenue #614 Orange, CA 92869-2461 Any party may change the address to which notices are to be sent by notifying the other parties of the new address, in the manner set forth above. 6. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties and no modification hereof shall be binding unless reduced to writing and signed by the parties hereto. 7. DURATION OF AGREEMENT Except for .the provisions of Paragraph 4, which shall survive the term of this Agreement, upon payment of the parking in-lieu fee for the five (5) 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 APN: 203-293-04-00 PROJECT NO. & NAME: RP 15-02(A)/CDP 15-02(A)-Barrel Republic IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the day and year first above written. PROGRAM PARTICIPANT (Print Name/Title) Dated: ----------'-~'-· CITY OF CARLSBAD, a municipal corporation of the State of California ,~JJ/J Matt Hall, Mayor o{2-3/1t, Dated: /?l~ ..6 ? c:?: 0 flo J (Chairman, president or vice-president and secretmy, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the office(s) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument.) (Proper notarial acknowledgment of execution by Program Participant must be attached.) APPROVED AS TO FORM: Ceiia A. Brewer, City Attorney By~l.<'-~.-( ssistant City ey Dated: __ g+,J_:z.4--!}._J_b ___ _ 4 CA 11/5/2014 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Oi'c\nc?. .e_ ) u On ('l\a..re-~ <iS 1 '2.-<>\lo beforeme, A\exa.Vtdey= Nocb.t(,-\o Rvi''t1 No·k,y Pvbkc,, Date Here Insert Name and Title of the Officer personally appeared -----=L:....,e::...o_<_---'l.a'--_k_r.....:.·,_,_l_,t'---------------- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be th person~ whose nameW tiSfare subscribed to. the within instrument and ackno~ge~. to_ me that t executed the sa'iiiefin tfi~.er:Jtl~~:-authorized capacity~nd that by~signature n he instrument the perso~ 'orthe'entity upon behalf of which the perso~actea, executed the instrument. Place Notary Sea/ Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. u~ Signature £~ rr La Signature of Notary Public · -----------------------------oPTIONAL---------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Yo..'(· ·c.;n!'.\_-\.i<;;"' .. re · · Document Date: 03} 0~} I b Number of Pages: 5 Signer(s) ther Than \~amed Above: ..=:.::::.,.;;;;;;;;:;;:;;:~=:=t--'-.:._- Capacity(ies) Claimed by Signer~) .. Signer's Name: t ec\ -r LttXi\ t~ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Other:-------------- Signer Is Representing: ________ _ ©2014 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Address: 2957-2965 State Street Assessor Parcel No.: 203-293-04-00 APN: 203-293-04-00 PROJECT NO. & NAME: RP 15-02(A)/CDP 15-02(A) -Barrel Republic EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Lots 7 thru 9 of Block I, of the Amended Map of the Town of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 775, filed in the office of the County Recorder of San Diego County, February 15, 1894. 5 CA 11/5/2014 SITE MAP • N NOT TO SCALE Barrel Republic RP 15-02(A) I COP 15-02(A) March 3, 2016 Aiec Zier 4615 Winnebago Avenue San Diego, CA 92117 RE: REVISED RP 15-02(A)/CDP 15-02(A) -BARREL REPUBLIC {'city of Carlsbad The City has completed a review of your application for Administrative Review Permit Amendment RP 15- 02(A) and Administrative Coastal Development Permit Amendment CDP iS-02(A) to allow the expansion of an approved restaurant space by converting adjacent retail and storage space to a 2,582 gross square foot restaurant (1,694 net sq. ft.) and 902 square foot outdoor patio located at 2961 State Street in District 1 of the Village Review (V-R) Zone, in the Village Segment of the Local Coastal Program and in Local Facilities Management Zone 1. A notice was sent to property owners within a 300' radius of the subject· property and occupants within 100' of the subject property requesting comments regarding the above request. No comments were received within the ten day notice period (ending on December 21, 2015) and no request for an administrative hearing was received. It is the City Planner's determination that the project, RP 15-02(A)/CDP 15-02(A) -Barrel Republic, is consistent with the Carlsbad Village Master Plan and Design Manual, the City's applicable Coastal Development Regulations (Chapters 21.201 -21.205) and with all other applicable City ordinances and policies. The City Planner, therefore APPROVES this request based on the following: Findings: RP 15-02(A): 1. The City Planner has determined that the project is consistent with the policies, goals and action programs set forth within the Carlsbad General Plan in that the restaurant complements the existing commercial and residential uses in the pedestrian-oriented downtown Village. 2. The City Planner has determined that the project is consistent with Chapter 21.35 (Village Review Zone) of the Carlsbad Municipal Code and all applicable development standards and land use policies set forth within the Village Master Plan and Design Manual in that the restaurant will be located within an existing building containing retail establishments and a vacant restaurant. The project will take over the existing vacant restaurant space and expand it by converting adjacent vacant retail suites and a storage space into a 2,582 gross square foot restaurant (1,694 net sq. ft.) and 902 square foot outdoor patio, therefore providing additional dining to the pedestrian-oriented Village Master Plan area. There are no anticipated impacts to the nearby residents as a result of the use locating in the existing, vacant suites. The applicant has been conditioned to pay into the parking in-lieu fee program for the five additional parking spaces that are required to expand the restaurant. A public parking lot is located directly across the alley from the proposed restaurant. ' Community & Economic Development · Planning Division /1635 Faraday Avenue Carlsbad, CA 92008-7314/760-602-4600 /760-602-8560 f / www.carlsbadca.gov REVISED RP 15-02(A)/CDP 15-02(A)-BARREL REPUBLIC March 3, 2016 Pa e 2 3. That the City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15332 -In-Fill Development Projects, of the state CEQA Guidelines. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. CDP 15-02(A) 4. That the proposed development is in conformance with the Village Segment of the Certified Local Coastal Program (LCP) and all applicable policies in that the development consists of a new restaurant which, as discussed in finding no. 2 above, is consistent with the Carlsbad Village Master Plan, which serves as the Certified Local Coastal Program for the City of Carlsbad Village Segment of the California Coastal Zone. The proposed restaurant is consistent with the surrounding development of retail and restaurants. The proposed project will not obstruct views of the coastline as seen from public lands or the public right-of-way, nor otherwise damage the visual beauty of the coastal zone. No agricultural uses currently exist on the site, nor are there any sensitive resources located on the property. The project site is not located in an area of known geologic instability or flood hazard. The site is not located adjacent to the coast, and therefore no public opportunities for coastal shoreline access are available from the subject site. The site is not suited for water-oriented recreation activities. 5. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the site is not located adjacent to the shore. Therefore, the project will not interfere with the public's right to physical access to the sea and the site is not suited for water-oriented recreation activities. 6. The project is consistent with the provisions oft he 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. 7. The project is not located between the sea and the first public road parallel to the sea and, therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.201 of the Zoning Ordinance). 8. The City Planner has reviewed each of the exactions imposed on the Developer contained in this approval, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. REVISED RP 15-02(A)/CDP 15-02(A)-BARREL REPUBLIC March 3, 2016 Pa e 3 Conditions: NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of a building permit. 1. The findings and conditions contained in the approval letter for RP 15-02 and CDP 15-02 dated May 5, 2015 are superseded by the findings and conditions contained in this administrative approval letter dated March 3, 2016. 2. Approval is granted for RP 15-02(A)/CDP 15-02(A) as shown on Exhibits "A"-"F" dated March 3, 2016 on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 3. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Administrative Review Permit Amendment and Administrative Coastal Development Permit Amendment. 4. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Administrative Review Permit Amendment RP 15-02(A) and Administrative Coastal Development Permit Amendment CDP 15-02(A) 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. 5. The 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 Administrative Review Permit Amendment and Administrative Coastal Development Permit Amendment, (b) City's approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. 6. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 7. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner of an Outdoor Storage Plan, and thereafter comply with the approved plan. REVISED RP 15-02(A)/CDP 15-02(A)-BARREL REPUBLIC March 3, 2016 Pa e 4 8. 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 five {5) 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. 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. Engineering: General 10. Prior to hauling dirt or construction materials to or from this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. 11. Prior to issuance of any permits, the developer shall submit and attain approval from the city engineer a Transportation Demand Management (TDM) Plan as the project is subject to transportation demand management strategies that reduce the reliance on single-occupant automobiles and assist in achieving the city's livable streets vision. The plan shall include implementation approaches and time lilies. Developer shall cause property owner to submit an executed copy to the city engineer for recordation a city standard Transportation Demand Management Implementation Agreement. Fees/ Agreements 12. Prior to issuance of any permits, the developer shall enter into an agreement with the city to pay the city's Transportation System Management Program and Transportation Demand Management Program fees established as a result of the forthcoming Traffic Impact Fee Update. The form and content of said agreement shall be to the satisfaction of the city engineer and city attorney. Storm Water Quality 13. 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 ofthe above requirements. 14. Developer shall complete and submit to the city engineer a Determination of Project's SWPPP Tier Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) 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. REVISED RP 15-02(A}/CDP 15-02(A)-BARREL REPUBLIC March 3, 2016 Pa e 5 15. Developer is responsible to ensure that all final design plans incorporate all source control, and site design BMPs. 16. Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form. Developer is responsible to ensure that all final design plans, grading plans, and building plans incorporate applicable best management practices (BMPs}. These BMPs include site design, source control and Low Impact Design (LID) measures including, but not limited to, minimizing the use of impervious area (paving}, routing run-off from impervious area to pervious/landscape areas, preventing illicit discharges into the storm drain and adding storm drain stenciling or signage all to the satisfaction of the city engineer. Utilities 17. Developer shall meet with the fire marshal to determine fire protection measures required to serve the project. 18. Developer shall install or upgrade potable water service and meter to the satisfaction of the Building Official. 19. The developer shall install or upgrade sewer lateral and clean-out to the satisfaction of the Building Official. 20. Developer shall install or upgrade grease interceptor to the satisfaction of the Building Official. Code Reminders: 21. 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. 22. 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. REVISED RP 15-02(A)/CDP 15-02(A)-BARREL REPUBLIC March 3, 2016 Pa e 6 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations] or other exactions hereafter collectively referred to for convenience as "fees/exactions./] You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them] you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack1 review, set aside1 void1 or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges] nor planning] zoning1 grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this1 or as to which the statute of limitations has previously otherwise expired. Sincerely] Principal Planner VL:CG:fn c: Carlsbad Village Partnership] Suite 6141 8502 East Chapman Avenue] Orange] CA 92869 Dave Pike] 3135 Dusty Trail, Encinitas, CA 92024 Steve Bobbett1 Project Engineer File Copy Data Entry