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HomeMy WebLinkAboutRP 14-02; Solterra Norte; Redevelopment Permits (RP)•• <Z~ dARLSBAD Community & Economic Development May 5, 2014 Chris Van Alyea 2829 Cedarwood Way Carlsbad, CA 92008 www.carlsbadca.gov SUBJECT: ADMINISTRATIVE REVIEW PERMIT NO. RP 14-02-SOL TERRA NORTE-Request for of an Administrative Review Permit (RP 14-02) to allow for the change in use of an existing building from automotive parts retail to wine warehousing, wine retail and wine tasting at 3197 Tyler Street, in District 6 of the Village Review Zone and Local Facilities Management Zone 1. Dear Chris, The city has completed a review of your application for an Administrative Review Permit RP 14-02 to allow for the change in use of an existing building from automotive parts retail to wine warehousing, wine retail and wine tasting at 3197 Tyler Street. 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 April16, 2014). It is the City Planner's determination that the project, RP 14-02-Solterra Norte, is consistent with the Carlsbad Village Master Plan and Design Manual and with all other applicable city ordinances and policies. Therefore, the City Planner 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 wine warehousing, wine retail and wine tasting uses provides employment opportunities and visitor serving uses and 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 site can accommodate the number of required parking spaces and there are no anticipated impacts to the surrounding commercial and residential 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 · · Planning Division ~-1635 Fa(aday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 RP 14-02-SOL TERRA NORTE May 5, 2014 Page 2 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. 5. The City Planner has reviewed each o.fthe exactions imposed on the Developer contained in this resolution, 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 the issuance of building permits. 1. Approval is granted for RP 14-02 as shown on Exhibits "A"-"B" dated April 21, 2014 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 Fteview Permit RP 14-02 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, (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. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this a1pproval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such RP 14-02-SOL TERRA NORTE May 5, 2014 Page 3 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. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 7. 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 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. 8. 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. 9. 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. 10. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 11. 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 CFD #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. 12. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. 13. 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. RP 14-02-SOL TERRA NORTE May 5, 2014 Page 4 14. Developer shall submit and obtain City Planner approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 15. Prior to occupancy, developer shall11ave and stripe the parking area according to Exhibit "A". 16. There shall be no production of wine' on the premises at any time. 17. The ABC License shall be limited to wine retail and wine tasting only. Engineering: 18. 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. Code Reminders: 19. Approval of this request shall not ex•cuse 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. 20. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 21. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 22. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the City Planner prior to installation of such signs.