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HomeMy WebLinkAboutAMEND 2023-0004; ROOSEVELT COTTAGES; Admin Decision LetterJuly 12, 2023 MINOR COASTAL DEVELOPMENT PERMIT NOTICE OF DECISION {'city of Carlsbad 8FILE COPY Roosevelt Cottages, LLC 1920 Alvarado Street Oceanside, CA 92054 SUBJECT: Dear Applicant, AMEND 2023-0004/AMEND 2023-0005 (DEV2019-0242) -ROOSEVELT COTTAGES - Request for approval of an Amendment, AMEND 2023-0004, to a Minor Site Development Plan, SOP 2022-0009, and an Amendment, AMEND 2023-0005, to a Minor Coastal Development Permit, CDP 2022-0044, for the conversion of three existing, 820-square- foot buildings from Restaurant, limited take-out to Restaurant use including an expanded outdoor dining area and the addition of bleacher seating on property located at 2956 Roosevelt Street, within the Village Area Segment of the Local Coastal Program, the Village and Barrio Master Plan (VBMP), the Village-Barrio (V-B) Zone, and Local Facilities Management Zone 1. The approximately 0.24-acre site has 6 existing parking spaces that will remain. The City Planner has completed a review of your application for an Amendment, AMEND 2023-0004, to a Minor Site Development Plan, SOP 2022-0009, and an Amendment, AMEND 2023-0005, to a Minor Coastal Development Permit, CDP 2022-0044, as discussed above. A notice was sent to property owners within a 300-foot radius and occupants within a 100-foot radius of the subject property requesting comments regarding the above request. Comments were received within the ten-day notice period (ending on May 29, 2023} but no request for an Administrative Hearing was filed. After careful consideration of the circumstances surrounding this request, the City Planner has made a decision to APPROVE this request based on the following findings and subject to the conditions listed below. Findings: Amendment, Amend 2023-0004, to a Minor Site Development Plan, SOP 2022-0009 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 an intensification in use to convert three existing structures (approximately 820-square-feet per structure) from restaurant, limited take-out to restaurant use. The project also proposes the expansion of outdoor dining areas totaling 2,293-square-feet. This project complies with the Community Development Department Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov AMEND 2023-0004/AMEND 2023-0005 (DEV2019-0242)-ROOSEVELT COTTAGES July 12, 2023 Pa e 2 applicable provisions of the Village and Barrio Master Plan's (VBMP) Village Center (VC) District as restaurant use is a permitted use. The conversion of the existing restaurant, limited take-out use to restaurant use is permitted with approval of a minor site development plan pursuant to Section 6.3.3(A){1)(f) of the Village and Barrio Master Plan. 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 uses 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 proposed restaurants are consistent with the surrounding uses and buildings which include retail, personal services, and other restaurant uses to the south, east, and west. The proposed use will not be detrimental to the existing site or facilities and is a permitted use in the Village Center (VC) District of the Village and Barrio Master Plan. The conversion of use (restaurant, limited take-out to restaurant) increases the requirement for on-site parking. However, no parking is required per California Assembly Bill 2097 since the site is located within one-half mile of a major transit stop (Carlsbad Village Transit Center). Even though no parking is required, the project will retain six existing, on-site parking spaces which are accessed off the Roosevelt Street Alley. 3. That the site for the intended development or use is adequate in size and shape to accommodate the use; in that the project involves the conversion of existing structures from restaurant, limited take- out to restaurant use, and the proposed outdoor dining areas comply with the standards of the Village and 'Barrio Master Plan. The three existing structures provide approximately 2,460-square- feet of internal floor space and, with the expanded outdoor dining areas totaling 2,293-square-feet, can accommodate the use conversion into restaurant use. No parking is required per California Assembly Bill 2097 since the site is located within one-half mile of a major transit stop (Carlsbad Village Transit Center). Even though no parking is required, the project will retain all six existing, on-site parking spaces which are accessed off the Roosevelt Street Alley. 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 project is a conversion of use that will occupy existing buildings. The project also proposes an expanded outdoor dining area from the previously approved outdoor dining patios, which meet the development standards of the Village Center (VC) District of the Village and Barrio Master Plan. No additional internal square footage is proposed since the restaurants are proposed within an existing tenant space. Even though no parking is required per California Assembly Bill 2097, the project will retain all six existing, on-site parking spaces which are accessed off the Roosevelt Street Alley. 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 complies with the development standards of the Village Center (VC) District of the Village and Barrio Master Plan. The surrounding streets, which are fully improved, have adequate capacity to accommodate the increase of 251 average daily trips generated by the project. Even though no parking is required per California Assembly Bill 2097, the project will retain all six existing, on-site parking spaces which are accessed off the Roosevelt Street Alley. AMEND 2023-0004/AMEND 2023-0005 (DEV2019-0242)-ROOSEVELT COTTAGES July 12, 2023 Pa e 3 Amendment, Amend 2023-0005, to a Minor Coastal Development Permit, CDP 2022-0044 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 use 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 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. 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. 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 o·r 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). General 10. That the City Planner has determined that the project belongs to a class of projei;:ts 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 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 .. 11. That the requests for an Amendment, AMEND 2023-0004, to a Minor Site Development Plan, SOP 2022-0009, and an Amendment, AMEND 2023-0005, to a Minor Coastal Development Permit, CDP 2022-0044, were adequately noticed at least ten (10) calendar days before the date of this decision pursuant to Section 21.54.060 of the Carlsbad Municipal Code. 12. 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 AMEND 2023-0004/AMEND 2023-0005 (DEV2019-0242) -ROOSEVEL! COTTAGES July 12, 2023 Pa e 4 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 issuance of a building permit. 1. Approval is granted for AMEND 2023-0004/AMEND 2023-0005 -Roosevelt Cottages, as shown on Exhibit "A" -"D" dated July 12, 2023, on file in the Planning Division and incorporated herein by reference. Development 'shall occur substantially as shown unless otherwise noted in these conditions. 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 Amendment to a Minor Site Development Plan and Amendment to a Minor Coastal Development Permit. 3. Staff is authorized and directed to make, or require the Developer to make, -all corrections and modifications to the Amendment to the Minor Site Development Plan and Amendment to the 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 Amendment and Minor Coastal Development Permit Amendment, (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 AMEND 2023-0004/AMEND 2023-0005 (DEV2019-0242)-ROOSEVELT COTTAGES July 12, 2023 Pa e 5 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. 7. 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. 8. 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. 9. 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 Amendment and Minor Coastal Development Permit Amendment 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. 10. 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 Division Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. 11. 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 COIY!ply with the approved plan. 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. 13. 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. AMEND 2023-0004/AMEND 2023-0005 (DEV2019-0242)-ROOSEVELT COTTAGES July 12, 2023 Pa e 6 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 shown on the site plan are for planning purposes only. 16. 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. 17. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. Notice to Applicant: Per California Assembly Bill 2097, the city is prohibited from requiring parking for projects located within one-half mile of a major transit stop. The intent of this legislation is to provide flexibility for project design, concurrent with planning studies that have shown that parking should be market driven. Developers could still voluntarily provide onsite parking, but the number of parking spaces provided will be based on builder preference and market demand, not by city-established minimum parking standards. AMEND 2023-0004/AMEND 2023-0005 (DEV2019-0242)-ROOSEVELT COTTAGES July 12, 2023 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 $847 .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 Edward Valenzuela at (442) 339-2624. Sincerely, ~~ V' CLIFF JONES Principal Planner CJ:EV:mh c: Jeffrey Rasak, 3303 Lilac Summit, Encinitas, CA 92037 Eric Lardy, City Planner David Rick, Project Engineer Laserfiche/File Copy Data Entry