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HomeMy WebLinkAboutSDP 2021-0025; ALOHA ICE; Admin Decision LetterMarch 11, 2022 John Slee {'city of Carlstiad E3FILE COPY fY/tti/u( 3/ly/z Z 1805 Canyon Place Carlsbad, CA 92008 SUBJECT: Dear Mr. Slee, SDP 2021-0025/CDP 2021-0059 (DEV2021-0230) -ALOHA ICE -Request for approval of a Minor Site Development Plan and Minor Coastal Development Permit (SDP 2021- 0025/CDP 2021-0055) for the conversion of 1,029. square feet of Retail use to Restaurant/Limited Take-Out Service use and the participation in the Parking In-Lieu Fee Program to purchase of one in-lieu parking fee. The subject property is located at 445 Carlsbad Village Drive, in the Village Center (VC) District of the Village and Barrio Master Plan and Local Facilities Management Zone 1. The City Planner has completed a review of your application for a Minor Site Development Plan and Minor Coastal Development Permit (SDP 2021-0025/CDP 2021-0059) located at 445 Carlsbad Village Drive. A notice was sent to property owners within a 300-foot radius of the subject property requesting comments regarding the above request. No comments were received within the ten-day notice period (ending on March 8, 2022). After careful consideration of the circumstances surrounding this request, the City Planner has made a decision pursuant to Sections 21.06.070 and Chapters 21.201-21.203 of the City of Carlsbad Municipal Code to APPROVE this request based on the following findings and subject to the conditions listed below. Findings: Minor Site Development Plan 1. That the proposed development or use is consistent with the general plan and any applicable master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the Carlsbad Municipal Code, and all other applicable provisions of this code; in that the project consists of a intensification in use to convert an 1,029-square-foot retail store into a restaurant with limited take- out. This project complies with the applicable provisions of the Village and Barrio Master Plan's (VBMP} Village Center (VC} District and Carlsbad Municipal Code Chapter 21.06 as the use is permitted and proposes to participate within the Parking In-Lieu Program for the purchase of one parking space. Community Development Department Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov SDP 2021-0025/CDP 2021-0059 (DEV2021-0230) -ALOHA ICE March 11; 2022 Page 2 2. That the requested development or use is properly related to the site, surroundings and environmental settings, will not be detrimental to existing development or uses or to development or 1,1ses specifically permitted in the area in which the proposed development or use is to be located, and will not adversely impact the site, surroundings or traffic circulation; in that the intensification in use to convert a retail store to a restaurant with limited take-out is compatible with the nearby restaurant and retail uses and will not require major improvements to the existing building. The requested limited take-out restaurant use will not adversely impact the site since it is currently developed. Lastly, the traffic circulation will not be impacted by the use. 3. That the site for the intended development or use is adequate in size and shape to accommodate the use; in that the existing retail use is approximately 1,029 square feet and no major alterations are required to accommod.ate the conversion to a restaurant with limited take-out. A restaurant use with limited take-out is a permitted use in the VC District of the Village and Barrio Master Plan. One additional parking space is required and is provided through participation in the Parking In-Lieu Fee Program, with findings made below. 4. That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested development or use to existing or permitted future development or use in the neighborhood will be provided and maintained; in that the proposed intensification of use is within an existing building that currently meets the development standards of the VC District. No additional square footage is proposed since the footprint of the restaurant is within an existing tenant space. One additional parking space is required for the change in use from retail to a restaurant with limited take-out. As there is no excess parking space onsite to accommodate the intensification in use, the purchase of one parking space through participation in the Parking In-Lieu Fee Program is requested to meet parking requirements. 5. That the street system serving the proposed development or use is adequate to properly handle all traffic generated by the proposed use; in that the Minor Site Development Plan and Minor Coastal Development Permit complies with the development standards of the Village Center District. The surrounding streets, which are fully improved, have adequate capacity to accommodate the increase of 53 average daily trips generated by the project. Minor Coastal Development Permit 6. That the proposed development is in conformance with the Village and Barrio Segment of the Certified Local Coastal Program (LCP) and all applicable policies in that the proposed Restaurant/Limited Take-Out Service use, as discussed in finding no. 1 above, is consistent with the Village and Barrio Master Plan, which serves as the Certified Local Coastal Program for the City of Carlsbad Village and Barrio Segment of the California Coastal Zone. 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. SDP 2021-0025/CDP 2021-0059 (DEV2021-0230) -ALOHA ICE March 11, 2022 Pa e 3 7. 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. The project is consistent with Coastal Act Section 30222 to prioritize the use of private land to enhance public opportunities for visitor-serving commercial coastal recreation uses. 8. 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, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP} 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. 9. 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). Parking 10. 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 requirements and findings: a. That the Parking In-Lieu Fee Program shall be applicable only to non-residential uses in specific areas east of the railroad corridor, in that the use is non-residential, the property is located east of the railroad tracks and within the area eligible for the parking in-lieu fee program as depicted on Figure 2-3 of the VBMP and within the Village Center (VC} District. b. Only non-residential uses in the VC District (east ofthe railroad tracks only) and in the VG, FC and PT districts are eligible to participate in Parking In-Lieu Fee Program, in that the proposed use is non-residential and is located east of the railroad tracks in the VC District. c. The average occupancy of off-street public parking spaces within a quarter mile radius of the property boundaries of use requesting to pay the In-Lieu Fee shall be under 85 percent based on the most recent city-authorized parking study or other information determined acceptable by the city planner, in that based on the most recent data available (August of 2021), which includes the results of the parking study completed (weekday and weekend), the maximum average occupancy of the lots located within a quarter mile radius was approximately 80 percent. d. The In-Lieu payment shall always be made for a whole parking space, in that the applicant proposes to purchase one (1) parking in-lieu fee. e. Fee payment shall not result in a reserved parking space or spaces, in that no spaces are proposed to be reserved. SDP 2021-0025/CDP 2021-0059 (DEV2021-0230) -ALOHA ICE March 11, 2022 Page 4 f. That the use complies with the program's participation restrictions, in that it complies with the above-noted participation requirements. g. That adequate off-street public parking is available to accommodate the project's parking demand, based on the city's most recent city-authorized parking study or other information, in that the public parking lots supply over 300 parking spaces within a quarter of a mile of the property. Based on the most recent data available, which includes the results of the parking study completed in August of 2021 (weekday and weekend), the maximum average occupancy of the lots located within a quarter mile radius was less than 80 percent (weekday average, 6 AM -9PM). This maximum average occupancy allows for the continued implementation of the parking in-lieu fee program because it is less than the average 85 percent threshold for maximum utilization set by the City Council. Therefore, adequate parking is available within the Village to accommodate the project's parking demands. h. That the In-Lieu Fee Program has not been suspended or terminated by the City Council, in that the In-Lieu Fee Program remains in effect. General 11. 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 15303(c)-New Construction or Conversion of a Small Structures 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. 12. That the request for a Minor Site Development Plan (SDP 2021-0025) and Minor Coastal Development Permit (CDP 2021-0059 was adequately noticed at least ten (10) calendar days before the date ofthis decision pursuant to Section 21.54.060 of the Carlsbad Municipal Code. 13. The City Planner has reviewed each of the exactions imposed on the Developer contained in this approval letter, 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 building permit. 1. Approval is granted for SDP 2021-0025/CDP 2021-0059 as shown on Exhibits "A" -"C" dated March 11, 2022 on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. • ' SDP 2021-0025/CDP 2021-0059 (DEV2021-0230}-ALOHA ICE March 11, 2022 Page 5 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 Minor Site Development Plan and Minor Coastal Development Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Site Development Plan and Minor Coastal Development Permit 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. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 5. 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. 6. 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 Minor Site Development Plan and Minor Coastal Development Permit, (b) City's approval or issuance of any permit or action, 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 ifthe city's approval is not validated. 7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carlsbad Unified School District School District that this project has satisfied its obligation to provide school facilities. 8. 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. SDP 2021-0025/CDP 2021-0059 (DEV2021-0230) -ALOHA ICE March 11, 2022 Page 6 9. Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy #17, the 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. 10. Prior to the issuance of the building permit, Developer shall submit to the city a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Minor Site Development Plan and Minor Coastal Development Permit 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. 11. Prior to issuance of a Certificate of Occupancy, the Developer shall enter into a Parking In-Lieu Fee Participation Agreement and pay the established Parking In-Lieu Fee for one (1) parking space. The fee shall be the total of the fee per parking space in effect at the time of the building permit issuance multiplied by the number of parking spaces needed to satisfy the project's parking requirement (1 space total). 12. 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: 13. The developer shall complete processing of a lot line adjustment between lots 2 and lot 3 as shown on the site plan. Code Reminders: 14. 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. 15. 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 tentative map are for planning purposes only. 16. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 17.04.060. 17. Any signs proposed for this development shall at a minimum be designed in conformance with the Village and Barrio Master Plan and shall require review and approval of the City Planner prior to installation of such signs. SDP 2021-0025/CDP 2021-0059 (DEV2021-0230) -ALOHA ICE March 11, 2022 Pa e 7 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $876.00. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Paul Dan at (442) 339-2614. Sincerely, CLIFF JONES Principal Planner CJ:PD:cf c: Jennifer Horodyski, Project Engineer Don Neu, City Planner Laserfiche/File Copy Data Entry