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HomeMy WebLinkAboutRP 14-22; El Corral; Redevelopment Permits (RP)'~ ~CARLSBAD Community & Economic Development April7, 2015 Village Redevelopment Partners Attn: Jeff Rasak 162 S. Rancho Santa Fe Rd. B-85 Encinitas, CA 92024 www.carlsbadca.gov SUBJECT: ADMINSTRATIVE REVIEW PERMIT NO. RP 14-22-EL CORRAL-Request for approval of an Administrative Review Permit (RP 14-22) to allow for the operation of a delicatessen at 3040 Carlsbad Boulevard, in District 9 of the Village Review Zone and Local Facilities Management Zone 1. Dear Mr. Rasak, The City Planner has completed a review of your application for an Administrative Review Permit RP 14- 22 to allow for the operation of a delicatessen at 3040 Carlsbad Boulevard. It is the City Planner's determination that the project, RP 14-22 -El Corral, 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 subject to the following 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 delicatessen provides a visitor serving use that 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 a delicatessen is defined as "retail" for land use purposes. The subject property provides no off-street parking spaces. However, space may be converted from one approved use to another approved use without additional parking provided both uses have the same parking requirements according to the parking requirements set forth within the Village Master Plan and Design Manual. The previous use of the property was retail, which has the same parking requirement as a delicatessen. Therefore no additional parking is required for a delicatessen on the subject property. 3. 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 structures from one use to another where only minor modifications are made to the structures 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 14-22-EL CORRAL April 7, 2015 Page 2 4. The City Planner has reviewed each of the exactions imposed on the Developer contained in this approval letter, 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 14-22 as shown on Exhibits "A"-"H" dated April 7, 2015 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 14-22 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. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 6. 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. 7. RP 14-22 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 RP 14-22-EL CORRAL April 7, 2015 Page 3 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 Administrative Review Permit, modify the conditions or impose new conditions. 8. This Administrative Review Permit is granted for a period of five years from April10, 2015 through April 9, 2020. 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. This permit may be extended for a reasonable period of time not to exceed 10 years upon written application of the permittee made no less than 90 days prior to the expiration date. The City Planner may not grant such extension, unless he/she finds that there are no substantial negative effects on surrounding land uses or the public's health and welfare. If a substantial negative effect on surrounding land uses or the public's health and welfare is found, the extension shall be denied or granted with conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the City Planner may grant. 9. 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. 10. 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. 11. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. 12. Food and drink order service shall not be provided to any tables at any time. No waiters or waitresses shall be employed on the premises. 13. The outdoor seating shall be equal to or less than the amount of indoor seating. 14. There shall be no bar stools or seating provided at the indoor and outdoor counters. 15. There shall be a variety of ready-to-eat food products available which may include made to order sandwiches and/or salads. 16. All deliveries shall be limited to the hours of 6:00A.M. to 8:00A.M. Monday through Sunday. RP 14-22-EL CORRAL April 7, 2015 Page 4 Engineering: 17. Developer acknowledges that, pursuant to Order No. R9-2013-0001 issued by the California Regional Water Quality Control Board, new storm water requirements become effective near the end of 2015, and likely affect the design of this project. Prior to construction, Developer shall demonstrate compliance with latest storm water requirements to the satisfaction of the city engineer. 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 control practices or devices, erosion control to prevent silt runoff during construction, 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. 19. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, lanl;fscape plans, building plans, etc.) incorporate all source control, site design, treatment control BMP, applicable hydromodification measures, and Low Impact Design (LID) facilities. 20. Developer shall incorporate measures with this project to comply with Standard Stormwater Requirements per the city's Standard Urban Stormwater Management Plan (SUSMP). These measures include, but are not limited to: 1) reducing the use of new impervious surfaces (e.g.: paving), 2) designing drainage from impervious surfaces to discharge over pervious areas (e;g.: turf, landscape areas), 3) and designing trash enclosures to avoid contact with storm runoff, all to the satisfaction of the city engineer. 21. An encroachment agreement is required. Developer shall cause the owner to complete and submit Engineering Plancheck Application E-23 and Encroachment Agreement Submittal Checklist E-6 to the Land Development Engineering Counter at 1635 Faraday Ave, Carlsbad CA together with the encroachment agreement processing fee in effect at that time. Links to these forms on the city's website are: http://www.carlsbadca.gov/civicax/filebank/blobdload.aspx?BiobiD-22689 The following information for both the property owner and the business owner should be submitted with the application in order for the city to prepare the encroachment agreement: A. Property Owner: • Name of property owner • Property owner's mailing address • Legal entity of. property owner, i.e., individual, partnership, corporation (state of incorporation), limited liability company (state of incorporation), trust, etc. • Name and title of individual(s) authorized to sign on behalf of property owner. • Name, phone number and e-mail address of individual to contact regarding property owner's execution of encroachment agreement. RP 14-22-EL CORRAL April 7, 2015 Page 5 B. Business Owner: • Name of business owner • Business owner's mailing address • Legal entity of business owner, i.e., individual, partnership, corporation (state of incorporation), limited liability company (state of incorporation), trust, etc. • Name and title of individual(s) authorized to sign on behalf of business owner. • Name, phone number and e-mail address of individual to contact regarding business owner's execution of encroachment agreement. C. Signature authorization: Depending on the legal entity of the property and business owners, the following documentation is required: Corporation: One signature from EACH group with name and title: • Group 1: Chairman, president, vice president. • Group 2: Corporate secretary, assistant corporate secretary, chief financial officer, or assistant treasurer. Corporation with a single signatory: Attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer, by name and title, to legally bind the corporation. LLC or Partnership: Attach an official document (e.g., corporate resolution, operating agreement) empowering that individual(s). by name and title, to legally bind the entity. 22. A right of way permit is required. Developer shall cause the owner to complete and submit Engineering Right of Way Application E-11 to the Land Development Engineering Counter at 1635 Faraday Ave, Carlsbad CA. The link to this form on the city's website is: http://www.carlsbadca.gov/civicax/filebank/blobdload.aspx?BiobiD=22694 Code Reminders: 23. 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. 24. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320.