HomeMy WebLinkAboutCDP 12-24; Board & Brew; Coastal Development Permit (CDP) (2)+cARLSBAD
Community & Economic Development
January 8, 2013
CCB&B LLC
243 Melrose Ave.
Encinitas, CA 92024
RE: COP 12·24/RP 12-30-BOARD AND BREW
www,carlsbadca.gov
The City has completed a review of your application for an Administrative Coastal Development Permit
CDP 12-24 and an Administrative Review Permit RP. 12-30 to allow an existing retail space to be
converted to a restaurant located at 201 Oak Avenue, Suite E in District 9 of the Village Review {V-R)
Zone, and in Local Facilities Management Zone 1. A notice was sent to property owners within a 300'
radius of the subject property requesting comments regarding the above request. No comments were
received within the ten day notice period {ending on December 28, 2012).
It is the City Planner's determination that the project, COP 12-24/RP 12-3Q -Board and Brew, is
consistent with the Carlsbad Village Master Plan and Design Manual and with all other applicable City
ordinances and policies. The City Planner, therefore APPROVES this request based on the following:
Findings:
1. The City Planner has determined that the project is consistent with the policies, goals and action
programs set forth within the Carlsbad General Plan in that the restaurant use provides a
service that addresses the unique residential and commercial needs of this segment of the
Village community.
2. The City Planner has determined that the project is consistent with Chapter 21.3S (Village
Review Zone) of the Carlsbad Municipal Code and all applicable development standards and
land use policies set forth within the Village Master Plan and Design Manual.
3. That the total cost ofthe proposed development is less than $60,000.
4. That the development is in conformity with the public access and public recreation policies of
Chapter 3 of the Coastal Act, in that the property is not located adjacent to the shore and no
opportunities for coastal access are available from the subject site, nor are public recreation
areas required of the project.
5. That the proposed development is in conformance with the Certified Local Coastal Program and
all applicable policies in that the development consists of the conversion of an existing retail
space to a restaurant use that includes associated minor interior modifications and the
development is consistent with the Carlsbad Village Master Plan, which serves as the Certified
Local Coastal Program for the City of Carlsbad Village Segment of the California Coastal Zone.
The proposed restaurant is consistent with the surrounding development of multi-family
residential and commercial uses. The existing structure does not obstruct views of the
Planning Division
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602·8559
CDP 12-24/RP 12-30-BOARD AND BREW
January 8, 2013
Pa e 2
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 located in close proximity to the
coast, but no public opportunities for coastal shoreline access are ;i!Vailable from the subject
site. The site is not suited for water-oriented recreation activities.
6. 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, Standard Urban Storm Water
Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Plan (JURMP) 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.
7. The project is not located in the Coastal Agricultural Overlay Zone, according to Map X of the
Land Use Plan, certified September 1990 and, therefore, is not subject to the provisions of the
Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance).
8. That the request for an Administrative Coastal Development Permit was adequately noticed at
least (15) working days before the date of this decision pursuant to Section 21.201.080(8) and
(C) of the Carlsbad Coastal Development Regulations.
9. That the City Planner has determined that the project is exempt from the requirements of the
California Environmental Quality Act (CEQA) per section 15303 Class 3 of the State CEQA
Guidelines as the project involves the conversion of an existing small structure from one use to
another where only minor modifications are made to the structure and will not have any
adverse significant impacts on the environment.
10. The City Planner has reviewed each of the exactions imposed on the Developer contained in
this approval, 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 specifically stated in the condition, all of the following conditions, upon approval of
the proposed development, must be met prior to the issuance of a building permit.
1. Approval is granted for COP 12-24/RP 12-30 as shown on Exhibit "A" dated January 7, 2013 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
.,
COP 12-24/RP 12-30-BOARD AND BREW
January 8, 2013
Pa e 3
rights are gained by Developer or a successor in interest by the City's approval of this
Administrative Coastal Development Permit/ Administrative Review Permit.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Administrative Coastal Development Permit/Administrative Review
Permit CDP 12-24/RP 12-30 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. The 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 Administrative Coastal Development
Permit/Administrative Review Permit, (b) City's approval or issuance of any permit or action,
whether discretionary or non-discretionary, in connection wfth 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.
5. The Developer shall comply with all applicable provisions of federal, state, ·and local ordinances
in effect at the time of building permit issuance.
6. Prior to the issuance of a building permit, owner/applicant 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 an Administrative Coastal Development Permit/Administrative Review Permit on the
real property owned by the owner/applicant. 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
owner/applicant or successor in interest.
7. This approval shall become null and void if building permits are not issued for this project within
18 months from the date of project approval.
Engineering:
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval
of this proposed development, must be met prior to approval of a building permit.
8. Developer shall comply with the City's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but are
not limited to pollution treatment practices or devices, general housekeeping practices,
pollution prevention and educational practices, maintenance procedures, and other
management practices or devices to prevent or reduce the discharge of pollutants to
stormwater, receiving water or stormwater conveyance system to the maximum extent
practicable. Developer shall notify prospective owners and tenants of the above requirements.
CDP 12-24/RP 12-30-BOARD AND BREW
January 8, 2013
Pa e4
9. Developer shall install a grease control device to the satisfaction of Wastewater Division and
Building Department.
Code Reminders:
10. 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.
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 $620.00. 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 Austin Silva at (760) 602-4631.
Sincerely,
CHRIS DeCERBO
Principal Planner
CD:AS:bd
c: Jeff Rasak, Property Owner, 162 S. Rancho Santa Fe Rd., Ste. 685, Encinitas, CA 92024
Don Neu, City Planner
Michele Masterson, Senior Management Analyst
Chris DeCerbo, Principal Planner
Tecla levy, Associate Engineer
File Copy
DMS/Data Entry