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Home My WebLink AboutPRE 2021-0021; CANNON COURT/BISTRO 7; Admin Decision LetterJune 21, 2021 Steve Teeter Stephen Teeter Design Group, Inc 25622 Lighthouse Drive Dana Point, CA 92629 SUBJECT: PRE 2021-0021 (DEV99078) -CANNON COURT /BISTRO 7 APN: 210-011-03-00, 210-011-06-00 Ccicyof Carlsbad 8FILE COPY fJv,.,, /-(_j I, /z /21 Thank you for submitting a preliminary review for a restaurant remodel project located at 4960 Avenida Encinas. The proposed restaurant remodel generally consists of reconfiguring windows and doors, adding awnings, relocating the front entry, expanding the outdoor dining patio, and other interior tenant improvements associated with a restaurant use. The project site is currently developed with two restaurants, a hotel, a gas station and mini-mart, and a common parking lot totaling approximately 6.51 acres. In response to your application, the Planning Division has prepared this comment letter. Please note that the purpose of a preliminary review is to provide you with direction and comments on the overall concept of your project. This preliminary review does not represent an in-depth analysis of your project. It is intended to give you feedback on critical issues based upon the information provided in your submittal. This review is based upon the plans, policies, and standards in effect as of the date of this review. Please be aware that at the time of a formal application submittal, new plans, policies, and standards may be in effect and additional issues of concern may be raised through a more specific and detailed review. Planning: General 1. General Plan and zoning designations for the property are as follows: a. General Pian: Visitor Commercial (VC) b. Zoning: Commercial-Tourist, Qualified Development Overlay Zone (C-T-Q) c. The property is in the deferred certification area of the Coastal Zone. The Coastal land use designation and zone are the same as the general plan and zoning above. 2. The project requires the following Planning Division permits: a. Consistency Determination. Community Development Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov PRE 2021-0021 (DEV99078) -CANNON COURT/BISTRO 7 June 21, 2021 Pa e 2 3. A Coastal Development Permit (CDP) or exemption shall be obtained from the California Coastal Commission prior to building permit issuance since the property is within the deferred certification area of the Coastal Zone. 4. Nei req'Ltrernet\ts related to the city's goals to reduce greenhouse gas (GHG) emissions will likely impact development requirements of this project. A formal application submittal will need to include a completed Climate Action Plan Checklist (Form P-30) to determine what requirements will apply to the project. New GHG reduction requirements are related to energy efficiency, photovoltaic, electric vehicle charging, water heating and traffic demand management requirements, as set forth in the California Green Building Standards Code and in Carlsbad Municipal Code Chapters 18.21, 18.30 and 18.51 which is available on the city's website at the following address: http://www.gcode.us/codes/carlsbad/view.php?topic=18&frames=on To the extent that new GHG reduction requirements are in effect at the time of application for grading or building permits, the project will be required to comply with the effective requirements even if different than what is proposed in the project's planning approvals. GHG reduction requirements may impact, but are not limited to, site design and local building code requirements. If incorporating new GHG reduction requirements results in substantial modifications to the project after planning approvals are obtained, then prior to issuance of grading or building permits, the applicant may be required to submit and receive approval of a Consistency Determination or an Amendment application for the project through the Planning Division. 5. Existing Development. Conditional Use Permit CUP 99-30 was originally approved for the development of an 86-room hotel, a gas station and mini-mart, and two restaurants totaling 7,700 square feet and 4,800 square feet respectively. The Conditional Use Permit (CUP) was required at the time due to the requirements of the Commercial Visitor Overlay Zone (CVOZ). Currently, the CVOZ does not require a CUP for hotel and restaurant uses in the C-T Zone but does require a CUP for gas stations. Each land use is located on its own "postage-stamp" parcel, with most of the common surface parking on a separate parcel. A Site Development Plan (SOP 16-22) was approved in 2017 for a 1,508-square-foot expansion of the 4,800-square-foot restaurant for a total of 6,308 square feet. Since the restaurant was no longer subject to the higher parking requirements of the CVOZ, the expansion resulted in no change in parking demand. 6. Parking. The existing 7,700 square foot restaurant building is not proposed to be expanded. However, the outdoor dining patio is proposed to be expanded from approximately 375 square feet to approximately 750 square feet. Incidental outdoor dining is permitted without parking for patios up to 400 square feet. Therefore, any additional square footage of the outdoor dining patio above 400 square feet shall have parking requirements applied. The current parking requirement for restaurants over 4,000 square feet is 40 spaces plus 1 space per 50 square feet of gross floor area in excess of 4,000 square feet. Therefore, the 7, 700-square-foot restaurant requires 114 parking spaces. Since the outdoor dining patio is proposed to exceed 400 square feet by approximately 350 square feet, the additional 350 square feet requires seven (7) additional parking spaces (1 space per 50 square feet). This results in a total restaurant parking requirement of 121 parking spaces. Si.nee the original approval (CUP 99-30) required and provided 136 parking spaces for this restaurant, the existing• parking is adequate, 15 surplus parking would remain and no additional parking is required. ------------------·-·-·----·-··------ PRE 2021~0021 (DEV99078) -CANNON COURT/BISTRO 7 June 21, 2021 Pa e 3 7. Architectural. The proposed window and door changes remain consistent with the existing architectural style. The changes are necessary to match the interior restaurant reconfiguration. The addition of awnings above the windows enhance the building's design and articulation. The relocation of the front entry and outdoor dining expansion will result in an improved outdoor dining experience while minimizing exterior changes. Therefore, the project modifications and enhancements remain consistent with the original approval. 8. Consistency Determination. The proposed project qualifies for a Consistency Determination based on the following findings of Planning Department Policy No. 35: i. No project condition, feature, facility or amenity is changed or deleted that had been considered essential to the project's design, quality, safety ar function. ii. The request represents on upgrade in overall design features and ar materials and improves upon the project's compatibility with the surrounding neighborhood. iii. The proposed revision does not change the density or boundary of the subject property. iv. The proposed revision does not involve the addition of a new land use not shown on the original permit. v. The proposed revision does not rearrange the major land uses within the development. vi. The proposed revision does not create changes af greater than ten percent provided that compliance will be maintained with the applicable development standards of the Carlsbad Municipal Code. vii. The proposed change will not result in any significant environmental impact, and/or require additional mitigation. viii. The proposed change would not result in any health, safety or welfare impacts. ix. There were not any major issues or controversies associated with the original project which would be exacerbated with the proposed change. x. The proposed change would not be readily discernab/e to the decision makers as being substantially different from the project as originally approved. All necessary application forms, submittal requirements, and fee information are available at the Planning counter located in the Faraday Building at 1635 Faraday Avenue or online at https://www.carlsbadca.gov/departments/community-development/planning/planning-applications- forms. You may also access the General Plan Land Use Element and the Zoning Ordinance online at the website address shown; select Department Listing; select Planning Home Page. Please review all information carefully before submitting. Land Development Engineering: 1. Complete a Stormwater Standards Questionnaire (Form E-34). This questionnaire will guide you and the city in determining what type of reports and storm water mitigation must be completed to satisfy state and city stormwater quality requirements. The questionnaire can be printed from the city's website (https://www.carlsbadca.gov/departments/community-development/permits-applications- forms/engineering-applications-forms) PRE 2021-0021 (DEV99078) -CANNON COURT/BISTRO 7 June 21, 2021 Pa e4 To complete the questionnaire, square footages will need to be calculated for any new impervious area or replacement of existing impervious area. If applicable, clearly identify on the plans any new or replaced impervious area. If the project does not add or replace any impervious area, it will complete Step 1 of the form. In Step 5, select the third checkbox stating that the project is not a 'development project' and is not subject to the requirements of the BMP Manual. If the project adds or replaces impervious area and is defined as a Standard Project, it is subject to installing site design and source control BMPs per Chapter 4 of the Carlsbad BMP Design Manual and per the Standard Project Requirement Checklist (Form E-36). The checklist can also be found on the city's website. 2. Tenant improvements within the building that demo and reconstruct interior space will be evaluated to determine if they meet the criteria of the Transportation Demand Management (TDM) Ordinance. If the employee ADT associated with the tenant improvements meet the requirements of the ordinance, a TDM plan shall be prepared and submitted in accordance with the city's Transportation Demand Management (TDM) Handbook. The TDM Handbook can be found at the following link under "Policies": https://www.carlsbadca.gov/departments/community-development/land-development- engineering/engineering-codes-standards-policies. Fire: 1. Architectural plans shall be submitted to Fire and Building & Safety for review prior to issuance of a Building Permit for egress review. If you would like to schedule a meeting to discuss this letter with the commenting departments, please contact Chris Garcia at the number below. You may also contact each departme.nt individually as follows: • Planning Division: Chris Garcia, Associate Planner, at (760) 602-4622 • Land Development Engineering: Jennifer Horodyski, Project Engineer, at (760} 602-2747 • Fire Department: Randy Metz, Fire Inspections, at (760) 602-4661 Sincerely, DON NEU, AICP City' Planner DN:CG:d c: Bistro 7, LLC, 1255 Keystone Way# 104, Vista, CA 92081 Jennifer Horodyski, Project Engineer Fire Prevention HPRM/File Copy Data Entry