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HomeMy WebLinkAboutSDP 2023-0027; LE PAPAGAYO; Admin Decision LetterCity of Carlsbad ~ JUN 1 7 2024 <,p,(t' ( ~4 ex= .. Planning Division June 17, 2024 Darrin Campbell ODA South Coast Highway LLC 347 Monarch Bay Drive Dana Point, CA 92629 (cityof Carlsbad SUBJECT: SOP 2023-0027/CDP 2023-0047 (DEV2023-0127)-LE PAPAGAYO -Request for approval of a Minor Site Development Plan and Minor Coastal Development Permit to add a 510- square-foot, 10-foot-tall covered outdoor dining patio detached from a 5,549-square-foot restaurant with an 1,843-square foot attached outdoor patio. A total of three parking spaces would be removed to accommodate the outdoor dining patio. The project is located at 660 Carlsbad Village Drive, within the Village Center (VC) District of the Village and Barrio Master Plan, and within Local Facilities Management Zone 1, APN 203-304-26- 00. Dear Mr. Campbell, The City Planner has completed a review of your application for Minor Site Development Plan, SOP 2023- 0027, and Minor Coastal Development Permit, CDP 2023-0047, as described above. A notice was sent to property owners within a 300-foot radius of the subject property and occupants within a 100-foot radius of the subject property requesting any comments pertaining to the above request. Comments were received within the ten-day noticing period (ending on February 10, 2024). A request for an Administrative Hearing was filed on February 5, 2024. On March 15, 2024, the City Planner held an Administrative Hearing to consider said request. Public testimony was given regarding the reduction in on-site parking and potential impacts to the private parking lot associated with an adjacent business. After careful consideration of the evidence presented at the Administrative Hearing, 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: Minor Site Development Plan, SOP 2023-0027 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 is consistent with the Village (V) General Plan Land Use designation and Land Use & Community Design Element goal 2-G.29 to maintain and enhance the Village as a center for residents and visitors with commercial, residential, dining, civic, cultural, and entertainment activities. The project includes the removal of three parking spaces for the addition of a 510-square-foot detached covered outdoor dining area for Le Papagayo, an existing restaurant. This project complies with the applicable provisions of the SDP 2023-0027 /CDP 2023-0047 (DEV2023-0127) -LE PAPAGAYO June 17, 2024 Pa e 2. Village and Barrio Master Plan's (VBMP) Village Center (VC) District and Carlsbad Municipal Code Chapter 21.06, as the restaurant use, including the ancillary outdoor dining area, is permitted within the VC District. Additionally, Assembly Bill (AB) 2097 (Government Code §65863.2) restricts the city's ability to impose or enforce minimum automobile parking requirements for the restaurant use, which is located within one-half mile from a major transit stop {i.e., Carlsbad Village Transit Station). Therefore, the removal of three parking spaces to accommodate the new outdoor dining patio do not need to be replaced. 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 outdoor dining patio 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 project will not adversely impact traffic circulation in that the points of vehicular and pedestrian access are unchanged. Additionally, the reduction in on-site parking, permitted pursuant to Assembly Bill (AB) 2097 (Government Code §65863.2), will help reduce vehicle traffic, increase public transit ridership, and promote walkable and bikeable communities, thus reducing the greenhouse gas emissions responsible for climate change. 3. That the site for the intended development or use is adequate in size and shape to accommodate the use; in that the new outdoor dining area can be accommodated on site while still providing the required accessible parking spaces and retaining the existing drive aisle. A restaurant, including the accessory outdoor dining area, are permitted uses in the Village Center (VC) District of the Village and Barrio Master Plan. The proposal to remove three parking spaces complies with Assembly Bill (AB) 2097 (Government Code §65863.2) in that they do not need to be replaced. 4. That all 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 new covered outdoor dining area is consistent with all requirements for yards, setbacks, walls, and fences. 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 covered accessory outdoor dining area 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 average daily trips that may be generated by the expanded use. Minor Coastal Development Permit, CDP 2023-0047 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 covered outdoor dining area is accessory to the existing restaurant use and, as discussed in the above findings, 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, Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 SOP 2023-0027/CDP 2023-0047 (DEV2023-0127)-LE PAPAGAYO June 17, 2024 Pa e 3 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 furthermore, 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). General 10. 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 ofthe state CEQA Guidelines do not apply to this project. 11. That the request for a Minor Site Development Plan (SOP 2023-0027) and Minor Coastal Development Permit (CDP 2023-0047) 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. 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 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. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 SOP 2023-0027/CDP 2023-0047 (DEV2023-0127)-LE PAPAGAYO June 17, 2024 Page4 1. Approval is granted for SDP 2023-0027/CDP 2023-0047 as shown on Exhibits "A" -"H" dated June 17, 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 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 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. Community Development Department Planning Division / 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 SDP 2023-0027 /CDP 2023-0047 (DEV2023-0127)-LE PAPAGAYO June 17, 2024 Pa e 5 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 CFO #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 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. 10. 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 comply with the approved plan. 11. 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. 12. All conditions of approval contained in City Council Resolution No. 2011-254, adopted October 25, 2011 for RP 11-14, shall remain in effect and applicable to the property, except Condition Nos. 15, 16 and 19, which are null and void. Pursuant to Government Code §65863.2(a) enacted by Assembly Bill 2097, a city cannot impose or enforce any minimum parking requirements for existing or proposed commercial uses located within one-half mile of a major transit stop. Therefore, parking is not required for the restaurant use, valet parking is no longer required, and the above-referenced conditions for RP 11-14 are null and void. Code Reminders: 13. 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. 14. 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. Notice to Applicant: Per California Assembly Bill 2097, the city is prohibited from requiring parking for projects located within one-ha If 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 Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 SDP 2023-0027 /CDP 2023-0047 (DEV2023-0127) -LE PAPAGAYO June 17, 2024 Page 6 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. 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 $900.00. 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 Shannon Harker at (442) 339-2621. Sincerely, ERIC LARDY, AICP City Planner EL:SH:cf c: Maria Hallimore, Robinson Hill Architecture, 3195B Airport Loop, Costa Mesa, CA 92626 Kathryn Venezia, 560 Highland Drive, Danville, CA 94526 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