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Home My WebLink AboutRP 13-06; Coyote Bar & Grill; Redevelopment Permits (RP)_df~_A.. C I T Y 0 F VcARLSBAD Community & Economic Development www.carlsbadca.gov November 19, 2013 A.Y.I., Inc. Attn: Robert Burke PO Box 1575 Carlsbad, CA 92018 SUBJECT: ADMINISTRATIVE REVIEW PERMIT NO. RP 13-06 -COYOTE BAR & GRILL -Request to operate a nightclub at 300 Carlsbad Village Drive, Suite 114, in District 1 of the Village Review Zone and Local Facilities Management Zone 1. Dear Robert, The City Planner has completed a review of your application for an Administrative Review Permit RP 13-06 to operate a night club at 300 Carlsbad Village Drive, Suite 114. 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 November 15, 2013). It is the City Planner's determination that the project, RP 13-06 -Coyote Bar and Grill, 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 and conditions: 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 night club use provides entertainment opportunities for visitors and residents during the late evening hours. 2. The City Planner has determined that the project is consistent with Chapter 21.35 (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 in that the site is suitable for a nightclub use and will have a minimal impact upon Village traffic, parking, residents and other adjacent uses. The hours of operation for the night club will be after 10:00 PM when all but two other businesses in the Village Faire shopping center are closed. The night club is required to have an Entertainment License with the Carlsbad Police Department. The Entertainment License limits the sound level which can be emitted by the night club to a one-hour average of 65.0 dBA, which assists in limiting the impact to residents and adjacent uses. 3. That the total cost of the proposed development is less than $60,000. 4. 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. · . · . Planning Division ~~-----~-----------------------------------------------------------,, 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® RP 13-06-COYOTE BAR & GRILL November 19, 2013 Page 2 Conditions: 1. · Approval is granted for RP 13-06 as shown on Exhibit "A" dated November 18, 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 rights are gained by Developer or a successor in interest by the city's approval of this Administrative Review Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the RP 13-06 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 Review Permit and (b) city's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein. 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. RP 13-06 shall be reviewed by the City Planner on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health, safety and general welfare. If the City Planner determines that: 1) the Administrative Review Permit was obtained by fraud or misrepresentation; or 2) the use for which such approval is granted is not being exercised; or 3) the conditions of approval have not been met; or 4) the Administrative Review Permit is being or recently has been exercised contrary to any of the terms or conditions of approval; or 5) the use for which such approval was granted has ceased to exist or has been suspended for one year or more; or 6) the use is in violation of any statute, ordinance, law or regulation; or 7) the use permitted by the Administrative Review Permit is being or has been so exercised as to be detrimental to the public health, safety or welfare or so as to constitute a nuisance, the City Planner shall hold an informal public hearing and after providing the permittee the opportunity to be heard, the City Planner may revoke and terminate the Administrative Review Permit in whole or in part, reaffirm the minor conditional use permit, modify the conditions or impose new conditions. 7. This Administrative Review Permit is granted without an expiration date. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. RP 13-06-COYOTE BAR & GRILL November 19, 2013 Page 3 8. The 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 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. 9. This approval is granted subject to the approval of an Entertainment License and is subject to all conditions contained therein. 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. Sincerely, ~~~~!~jfoK CHRIS DeCERBO Principal Planner CD:AS:sm c: Don Neu, City Planner Chris DeCerbo, Principal Planner David Rick, Project Engineer File Copy OMS/Data Entry