HomeMy WebLinkAboutRP 13-13; Paradise Cheese Shoppe; Redevelopment Permits (RP)(~CARLSBAD
Community & Economic Development
November 21, 2013
Mychal Dourson
1060 Palm Avenue
Carlsbad, CA 92008
www.carlsbadca.gov
SUBJECT: ADMINISTRATIVE REVIEW PERMIT NO. RP 13-13-PARADISE CHEESE SHOPPE
The City has completed a review of your application for an Administrative Review Permit RP 13-13 to
allow a vacant office space to be used as a retail meat and cheese market with accessory sampling of
products offered for sale, in District 4 of the Village Review (V-R) Zone, and in Local Facilities
Management Zone 1. The retail market will offer a variety of products including but not limited to
gourmet meats, cheeses, chocolates, breads, sauces, oils, spreads, spices and other accessory items
·used in the preparation or cooking of these products. A meat market and grocery store are permitted
uses within District 4 of the Village Area. 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 October 25, 2013).
It is the City Planner's determination that the project, RP 13-13-Paradise Cheese Shoppe, is consistent
with the Carlsbad Village Master Plan and Design Manual and with all other applicable City ordinances
and policies. The City Planner, therefor 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 retail market complements the
existing commercial and residential uses in the pedestrian-oriented downtown village.
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 retail
market will be located in a vacant suite within an existing commercial center containing a mix
of uses including a restaurant, salon, and offices. The project use will convert a vacant suite
into a retail market that will provide additional retail uses to the pedestrian oriented Village
Master Plan area. There are no anticipated impacts to the nearby residents as a result of the
use locating in the existing, vacant suite. No additional parking is required for the change of
use pursuant to the "Converting Use" policy in the Village Master Plan and Design Manual for
projects located outside of the Coastal Zone.
3. That the total cost of the proposed development is less than $60,000.
~ · 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559
RP 13-13-PARADISE CHEESE SHOPPE
November 21, 2013
Page 2
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 15301 -Existing Facilities, 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.
4. 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:
1. Approval is granted for RP 13-13-Paradise Cheese Shoppe as shown on Exhibits "A" -"B"
dated November 20, 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 Administrative Review 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. A.nY 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, (b) City's approval
or issuance of any permit or action, whether discretionary or non-discretionary, 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.
5. The Developer shall comply with all applicable provisions of federal, state, and local ordinances
in effect at the time of building permit or business license issuance.
RP 13-13-PARADISE CHEESE SHOPPE
November 21, 2013
Page 3
6. Prior to the issuance of a building permit or business license, 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.
7. This approval shall become null and void if a building permit or a business license is not issued
for this project within 24 months from the date of project approval.
Code Reminders:
8. 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 or
business license issuance, except as otherwise specifically provided herein.
RP 13-13-PARADISE CHEESE SHOPPE
November 21, 2013
Page 4
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,
CHRIS DeCERBO
Principal Planner
CD:CG:fn
c: Don Neu, City Planner
Chris DeCerbo, Principal Planner
Jason Geldert, Project Engineer
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