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HomeMy WebLinkAboutSDP 2023-0029; GETTIN SAUCED; Admin Decision Letter~~'{ O 61~7.4 May 6, 2024 . Oht\s\on p\aon,n9 (cityof Carlsbad JAMES MARKHAM 2792 HIGHLAND DRIVE CARLSBAD, CA 92008 SUBJECT: SDP 2023-0029 (DEV2023-0131)-GETTIN SAUCED-Request for approval of a Minor Site Development Plan to make a 416-square-foot expansion to an existing single-story retail building of approximately 1,440 square feet, which is currently vacant. The project will create 1,856-square-foot pizza restaurant with an outdoor seating area of 2,200 square feet, largely created by converting the existing parking lot to turf. A new trash enclosure is also proposed. The subject property is located at 507 and 519 Grand Avenue, in the Village Center district of the Village and Barrio Master Plan and Local Facilities Management Zone 1. Dear James Markham, The City Planner has completed a review of your application for Minor Site Development Plan, SDP 2023- 0029, located at 507 and 519 Grand Avenue. 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 April 22, 2024). After careful consideration of the circumstances surrounding this request, the City Planner has made a decision pursuant to Section 21.06.070 of the City of Carlsbad Municipal Code to APPROVE this request based on the following findings and subject to the conditions listed below. Findings: 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 416- square-foot addition to an existing single-story retail building of approximately 1,440 square feet to create 1,856-square-foot pizza restaurant with an outdoor seating area of 2,200 square feet. Restaurants are permitted uses in the Village Center (VC) districts of the Village and Barrio Master Plan. The conversion of the retail building, which is currently unoccupied, to restaurant use is permitted with approval of a minor site development plan pursuant to Section 6.3.3A(l){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 restaurant Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 SOP 2023-0029 (DEV2023-0131) -GETTIN SAUCED May 6, 2024 Page 2 is consistent with the surrounding uses and buildings. 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 expansion and conversion of the building to restaurant use increases the requirement for onsite parking. However, no parkin& 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 per california Assembly Bill 2097, the project proposes three (3) on-site parking spaces, one (1) of which is an Americans with Disabilities Act (ADA) accessible space. 3. That the site for the intended development or use is adequate in size and shape to accommodate the use; in that the existing structure provides 1,440 square feet of internal floor space and, with the addition of 416 square feet and 2,200 square feet of outdoor dining areas, can accommodate the use conversion into a restaurant use. Restaurant uses are permitted in the Village Center (VC) district of the Village and Barrio Master Plan. 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 per California Assembly Bill 2097, the project proposes three (3) on-site parking spaces, one (1) of which is an Americans with Disabilities Act (ADA) accessible space, which will take access from Tyler 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 change of use occurs within an existing building with only a minor addition of floor area for restrooms and cooler space. The project also proposes outdoor dining areas, which meet the development standards of the Village Center (VC) district of the Village and Barrio Master Plan. Even though no parking is required per california Assembly Bill 2097, the project proposes (3) on-site parking spaces, one (1) of which Is an Americans with Disabilities Act (ADA) accessible space, which will take access from Tyler 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 daily trips generated by the project. Even though no parking is required per california Assembly Bill 2097, the project proposes (3) on-site parking spaces, one (1) of which is an Americans with Disabilities Act (ADA) accessible space, which will take access from Tyler Street Alley. 6. 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 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. Because the structure associated with the development request is more than 45 years, the City Planner requested additional information and research to determine whether the property qualifies as a "historical resource" for the purposes of CEQA and/or to aid in the evaluation of the effects a proposed project may have on a historical resource. Specifically, a Cultural Resources Report was Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 SOP 2023-0029 (DEV2023-0131) -GETTIN SAUCED May 6, 2024 Page 3 prepared by a qualified professional to determine if the property meets the terms and definitions applied to CEQA Guidelines section 15064.5. The property does not meet the criteria for listing on the california Register of Historical Resources; therefore, the property cannot be deemed significant pursuant to the criteria in CEQA Guidelines Section 15064.5 7. That the request for a Minor Site Development Plan was 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. 8. 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 2023-0029 as shown on Exhibit "A" dated May 6, 2024, 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 Minor Site Development Plan. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Site Development Plan 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. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 SDP 2023-0029 (DEV2023-0131)-GETTIN SAUCED May 6, 2024 Page4 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, (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 if the city's approval is not validated. 7. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Site Plan, conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final decision making body. The copy shall be submitted to the City Planner, reviewed and, if found acceptable, signed by the city's project planner and Project Engineer. If no changes were required by these conditions, the approved exhibits shall fulfill this condition. 8. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 9. 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. 10. 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. 11. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. 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. 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 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. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 SOP 2023-0029 (DEV2023-0131) -GETTIN SAUCED May 6, 2024 Page 5 14. Consistent with the intent of supplemental district standards of the Village Center on the Village and Barrio Master Plan, Section 2.7.l(E)(l)(a), the existing corner area at the intersection of State Street and Grand Avenue shall remain unobstructed to the sky to the same extent as currently exists. The outdoor seating area located near the northwest corner of the project site adjacent to Grand Avenue shall be reduced to only enclose the area covered by the overhanging roofline. Installation of street furnishings, landscaping, accent trees, and lighting within the open to the sky area is allowed, subject to required permitting. Code Reminders: The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 15. 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. 16. 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. 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. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 SDP 2023-0029 (DEV2023-0131) -GITTIN SAUCED May 6, 2024 Page 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 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 $9000.00. 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 Kyle Van Leeuwen at (442) 339-2611. Sincerely, ~~ CLIFF JONES Principal Planner CJ:KV:CF c: Leor Lakritz, 34281 Doheny Park Rd., #2606, Capistrano Beach, CA 92624 David Rick, Project Engineer Eric Lardy, City Planner Laserfiche/File Copy Data Entry Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600