HomeMy WebLinkAboutCD 2022-0020; POLO STEAKHOUSE PATIO; Admin Decision LetterDec.5,2023
Mayur Pavagadhi
MJRP, Inc.
624 Laguna Dr.
Carlsbad, CA 92008
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SUBJECT: CD 2022-0020 (DEV99078) -POLO STEAKHOUSE PATIO
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Carlsbad
The City Planner has completed a review of your application for Consistency Determination, located at
4980 Avenida Encinas (APN: 210-011-07-00) which is a modification to CUP 99-30, a request to add a
covered outdoor dining patio and fireplace to an existing restaurant.
After careful consideration of the request, the City Planner has determined that the request meets all of
the findings below and APPROVES this request. The proposed modifications include:
• Removal of six parking spaces and landscaping adjacent to the existing restaurant
• Construction of a new 1,200 square-foot patio area with a trellis cover, fireplace, and
perimeter wall.
In order for a Discretionary Permit Consistency Determination to be approved, all of the following findings
must be made:
1) No project condition, feature, facility, or amenity is changed or deleted that had been considered
essential to the project's design, quality, safety, or function in that the existing restaurant will be
maintained and connection to the new patio, and that the 307 parking spaces retained on the
site after the removal of the six spaces is compliant with current parking standards for the entire
site, which requires 212 spaces (5 minimart + 104 hotel+ 31 office + 72 restaurant/patio) for
all uses.
2) The request represents an upgrade in overall design features and or materials and improves upon
the project's compatibility with the surrounding neighborhood in that the patio adds an
additional amenity to an existing restaurant use and is compatible in design and materials with
the restaurant building and other structures existing on site. Materials used include stone walls
and wood trellis.
3} The proposed revision does not change the density or boundary of the subject property in that the
new patio is entirely contained within property line, which was expanded in 2017 to
accommodate a future expansion of the restaurant (ADJ 16-07).
4) The proposed revision does not involve the addition of a new land use not shown on the original
permit in that the new patio is an expansion of the existing restaurant, which is a use approved
for the Cannon Court development on May 161 2001 {PC Resolution No. 4978}.
5} The proposed revision does not rearrange the major land uses within the development in that the
other major land uses within the Cannon Court development, including gas station, mini-mart,
hotel and second restaurant are retained in their existing locations.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2600
CD 2022-0020 (DEV99078) -POLO STEAKHOUS(pJTIO
Dec.5,2023
Page 2
6} The proposed revision does not create changes of greater than ten percent provided that
compliance will be maintained with the applicable development standards of the Carlsbad
Municipal Code in that the proposed patio area {1,200 square feet) represents a 9.5% increase
in the total area approved for commercial space (12,570 square feet of restaurant and office
space). The project is also consistent with height and setback requirements applicable to the
nonresidential planned development and the commercial tourist (C-T} zone.
7) The proposed change will not result in any significant environmental impact, and/or require
additional mitigation in that the expansion of the restaurant does not introduce a new use to
the property and the area of the new patio is within a landscaped and paved area that has been
previously disturbed and developed. ·
8) The proposed change would not result in any health, safety or welfare impacts, in that a level 1
traffic impact analysis was carried out in connection to this request for consistency
determination, which identified that no improvement or additional analysis was needed in
connection to the restaurant expansion, and no other impacts are expected from the
development of the proposed patio.
9} There were not any major issues or controversies associated with the original project which would
be exacerbated with the proposed change.
10} The proposed change would not be readily discernable to the decision makers as being
substantially different from the project as originally approved in that the patio is designed to be
compatible with the existing restaurant building and the major architectural features of the
building, including entry arcade and columns, are retained as originally approved.
Therefore, the City Planner has determined that the application qualifies for a consistency determination
with the approved permit and APPROVES the changes to the project based on Planning Division
Administrative Policy No. 35.
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 $900. 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 to contact Kyle Van
Leeuwen at (442) 339-2611.
CITY OF CARLSBAD
ERIC LARDY
City Planner
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c: West Real Estate, LLC, 5800 Armada Dr., Suite 100, Carlsbad, CA 92008
Tim Carroll, Project Engineer
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