HomeMy WebLinkAboutSDP 2023-0027; LE PAPAGAYO; Admin Decision LetterCity of Carlsbad ~
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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