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HomeMy WebLinkAboutCDP 2017-0056; ROOSEVELT STREET CAFE; Admin Decision Letter1 * ^City of...uM ^ * <- Carlsbad FILE March 6, 2018 Jeffrey C Rasak 162 South Rancho Santa Fe Road B-85 Encmitas, CA 92024 SUBJECT: RP 2017-0011/CDP 2017-0056 (DEV2017-0084) - ROOSEVELT STREET CAFE - Request for approval of an Administrative Review Permit (RP 2017-0011) and Administrative Coastal Development Permit (GDP 2017-0056) to allow an addition and exterior remodel to an existing two-story building to accommodate a restaurant use with ground floor and second floor outdoor dining at 3045 Roosevelt Street, in District 1 of the Village Review (V-R) 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 2017-0011) and Administrative Coastal Development Permit (CDP 2017-0056) to allow an addition and extenor remodel to an existing two-story building to accommodate a restaurant use with ground floor and second floor outdoor dining at 3045 Roosevelt Street The indoor restaurant area totals 1,792 square feet and the outdoor dining area totals 1,200 square feet The project includes eight on-site parking spaces and a request for ten in-lieu parking spaces The existing auto shop and hair salon use would cease with the development of the project 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 (10) day notice period (ending on January 29,2018) It IS the City Planner's determination that the project, RP 2017-0011/CDP 2017-0056-ROOSEVELT STREET CAFE, 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: RP 2017-0011: 1 That the total cost of the proposed development is less than $60,000 2 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 restaurant use provides employment opportunities and complements the existing commercial uses In the pedestrian- oriented downtown Village The Intenor and exterior remodel of the building will add 1,792 square feet of Indoor and 1,200 square feet of outdoor restaurant area to the pedestrian- onented downtown village. Community & Economic Development Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-73141760-602-4600 | 760-602-8560 f | www carlsbadca gov RP 2017-0011/CDP 2017-0056 (DEV2017-0084) - ROOSEVELT STREET CAFE March 6, 2018 Page 2 3 The City Planner has determined thaTO^rojSt:t^%o?||istent with Chapter 21 35 (Village ReviewZone) of the Carlsbad Municipal CoiS^^d aflia^p^Jle development standards and land use policiessetforth within the Village ry^ite^^Sll^hd Dei%n Manual in that l)the project requires 18 parking spaces and the applicant has been conditioned to pay into the parking in-lieu fee program for ten additional parking spaces that are not provided within the existing on-site parking lot A public parking lot Is located within 600 feet from the property, as required for participation in the Parking In-Lieu Fee Program of the Village Master Plan and Design Manual. The closest public parking lot Is approximately 240 feet away (I.e. Lot C In Figure 17 of the Village Master Plan and Design Manual); 2) the project meets setback standards, which require a 10- foot average setback for all floors above the first floor. A lO*-?" setback is provided for the second story of the two-story building. No minimum or maximum side yard setback, rear yard setback, or at-grade-floor front yard setback is required; 3) a 45-foot maximum building height IS allowed and a 22-foot building height is proposed; 4) 100 percent building coverage is allowed and 38 percent building coverage is proposed; and 5) 20 percent open space is required and 23 percent open space is proposed. 4 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 categoncally exempt from the requirement for the preparation of environmental documents pursuant to Section 15303(c) - New Construction or Conversion of Small Structures 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 5 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 CDP 2017-0056: 6 That the proposed development is in conformance with the Village Segment of the Certified Local Coastal Program (LCP) and all applicable policies in that the development consists of a new restaurant which, as discussed in finding no. 2 above. Is consistent with the Village Master Plan and Design Manual, which serves as the Certified Local Coastal Program for the City of Carlsbad Village Segment of the California Coastal Zone The proposed restaurant Is consistent with the surrounding development of commercial retail and restaurants. The proposed project will not obstruct views of the coastline as seen from public lands or the public right-of-way, nor otherwise damage the visual beauty of the coastal zone. No agricultural uses currently exist on the site, nor are there any sensitive resources located on the property. The project site Is not located In an area of known geologic instability or flood hazard. The site is not located adjacent to the coast, and therefore no public opportunities for coastal shoreline access are available from the subject site. The site is not suited for water-onented recreation activities. 7 The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the site Is not located adjacent to the shore Therefore, the project will not interfere with the public's right to physical access to the sea and the site is not suited for water- oriented recreation activities. RP 2017-0011/CDP 2017-0056 (DEV2017-0084) - ROOSEVELT STREET CAFE March 6, 2018 Page 3 8 The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21 203 of the Zoning Ordinance) in that the project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management Program (JURMP) to avoid Increased urban runoff, pollutants, and soil erosion No steep slopes or native vegetation IS located on the subj'ect property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. 9 The project is not located between the sea and the first public road parallel to the sea and, therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21 201 of the Zoning Ordinance) 10 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: NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met pnor to approval of a building permit 1 Approval is granted for RP 2017-0011/CDP 2017-0056 as shown on Exhibits "A" - "M" dated March 6, 2018, 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 and Administrative Coastal Development Permit 3 Staff IS authorized and directed to make, or require the Developer to make, all corrections and modifications to the Administrative Review Permit and Administrative Coastal Development 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 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 RP 2017-0011/CDP 2017-0056 (DEV2017-0084) - ROOSEVELT STREET CAFE March 6, 2018 Page 4 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 Administrative Coastal Development 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 ansing 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 fedbral, state, and local ordinances in effect at the time of building permit issuance I 6 Prior to the issuance of a building permit, owner/applicant shall submit to the City a Notice of Restnction 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 and Administrative Coastal Development 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 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 apprpved plan 8 Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan, or a Prescriptive Compliance Option landscape plan If applicable, showing conformance with the approved Preliminary Landscape Plan and the city's Landscape Manual Developer shall construct and install all landscaping and irrigation as shown on the approved Final Plans All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris All irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff 9 The first submrttal of Final Landscape and Irrigation Plans, or Prescriptive Compliance Option landscape plans if applicable, shall be pursuant to the landscape plancheck process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans 10 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 11 Pnor to Issuance of building permits, the property owner shall enter Into a Parking In-Lieu Fee Participation Agreement and pay the established Parking In-Lleu Fee for ten (10) parking spaces. The fee shall be the sum total of the fee per parking space In effect at the time of the building permit issuance times the number of parking spaces needed to satisfy the project's parking requirement (10 spaces total). RP 2017-0011/CDP 2017-0056 (DEV2017-0084) - ROOSEVELT STREET CAFE March 6, 2018 Page 5 12 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 Engineering; General 13 This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the district engineer has determined that adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy 14 The developer shall complete processing of a lot line adjustment between lot 23 and lot 24 as shown on the site plan Storm Water Quality 15 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 dunng 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 16 Developer shall complete and submit to the city engineer a Determination of Project's SWPPP Tier Level and Construction Threat Level Form pursuant to City Engineering Standards Developer shall also submit the appropnate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction of the city engineer Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule Utilities 17 Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mams to the satisfaction of the district engineer RP 2017-0011/CDP 2017-0056 (DEV2017-0084) - ROOSEVELT STREET CAFE March 6, 2018 Page 6 Code Reminders: The project is subject to all applicable provisions of local ordinances, including but not limited to the following 18 Developer shall pay traffic impact and sewer impact fees based on Section 18 42 and Section 13 10 of the City of Carlsbad Municipal Code, respectively The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the site plan are for planning purposes only 19 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 20 Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18 04 330 21 Any signs proposed for this development shall at a minimum be designed in conformance with the Cit/s Sign Ordinance and shall require review and approval of the City Planner prior to installation of such signs RP 2017-0011/CDP 2017-0056 (DEV2017-0084) - ROOSEVELT STREET CAFE March 6, 2018 PaRe 7 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 nght 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 This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter Appeals must be submitted in writing to the Planning Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $850 00 The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as a final decision on the appeal is reached If you have any questions regarding this matter, please feel free to contact Cliff Jones at 760-602-4613 1 Sincerely, TERI DELCAMP Principal Planner TDa dh Don Neu, City Planner Kyrenne Chua, Project Engineer HPRM/File Copy Data Entry