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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 File Copy Data Entry