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HomeMy WebLinkAboutPRE 2019-0022; BOARS CROSS'N; Admin Decision LetterNovember 4, 2019 Karnak Architecture and Design Robert Richardson 381 Christiansen Wy Carlsbad CA 92008-2212 ~ \.e.A \ ,. i. '°' El Fl LE COPY SUBJECT: PRE 2019-0022 (DEV2019-0172)-BOARS CROSSN APN: 203-173-04-00 {'Cityof Carlsbad Thank you for submitting a preliminary review to convert an existing portion of a nightclub to restaurant, expand the outdoor patio in the rear of the property and install new decks on the south and east side of the building for a new sidewalk cafe proposed at 390 Grand Avenue. The project site, an approximately 7,840-square-foot lot (0.18 acre), currently is developed with a nonconforming nightclub. In response to your application, the Planning Division has prepared this comment letter. Please note that the purpose of a preliminary review is to provide you with direction and comments on the overall concept of your project. This preliminary review does not represent an in-depth analysis of your project. It is intended to give you feedback on critical issues based upon the information provided in your submittal. This review is based upon the plans, policies, and standards in effect as of the date of this review. Please be aware that at the time of a formal application submittal, new plans, policies, and standards may be in effect and additional issues of concern may be raised through a more specific and detailed review. Planning: General 1. General Plan and zoning designations for the property are as follows: a. General Plan: Village-Barrio (V-B) b. Zoning: Village-Barrio {V-B) Zone c. Village & Barrio Master Plan; Village Center (VC) Land Use District 2. The property is in the Coastal Zone. The Coastal land use designation and zone are the same as the General Plan and Zoning above. 3. The project site is located within the Village Center (VC) District of the Carlsbad Village & Barrio Master Plan (VBMP). Please see link below: http://www.carlsbadca.gov/civicax/filebank/blobdload.aspx?Blob1D=36580 Community & Economic Development Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov PRE 2019-0022 (DEV2019-0172)-BOARS CROSSN November 4, 2019 Page 2 4. The project requires the following permits: a. Conditional Use Permit for expansion of a nonconforming use b. Minor Site Development Plan c. Coastal Development Permit d. Right of Way permit (Land Development Engineering) 5. Nonconforming Use: The existing nightclub with outdoor dining patio is considered an existing nonconforming use because nightclubs are not permitted by the Village and Barrio Master Plan and outdoor dining can only occur with a permitted use. A nonconforming use may be continued and the use expanded in accordance with the provisions of Carlsbad Municipal Code {CMC} Section 21.48.070 -Nonconforming Nonresidential Uses -provided that the expansion does not increase the degree of existing nonconformity of all or part of such structure or use; and reduce the number and size of any required existing parking spaces. Additionally, the nonconforming use may be expanded, so as to occupy a greater area of land or more floor area within a structure, subject to issuance of all required discretionary and building permits, provided that an application for a conditional use permit is submitted and the Planning Commission approves the findings of fact pursuant to CMC Section 21.42.030(A). The nonconforming nightclub cannot expand into the rear patio area where a service bar is being relocated as the nightclub use is not permifted outdoors and the size of the patio is increasing thereby increasing the degree of nonconformity and creating more of a parking demand. Please remove the proposed bar in the outdoor dining patio. 6. Although the adjacent property to the north is the same property owner, the use and structures are not allowed to cross property lines. Please remove all proposed improvements for this use from the northerly property. 7. Parking: Required Parking Use Square footage of Formula Required parking use Nightclub/bar 3682 sq ft 1/100 sq ft 37 spaces area/halls/restrooms/storage* (public assembly) Restaurant 3239 sq ft. 1/170 sq ft 12 spaces Sidewalk Cafe 913 sq ft No parking required Outdoor patio** 1547 sq ft 1/170 sq ft 10 spaces Total spaces required 59 spaces *Please note that parking is to be computed on the basis of gross floor area. The halls, restrooms and storage were added into the nightclub use for gross floor area. **Because the nonconforming outdoor dining patio is increasing in size, parking must be provided per CMC Section 21.48.070{A)(2} Please provide a copy of the parking agreement with Boars Crossn and Villag~ Faire to utilize the Village Faire parking lot to the west of Boars Crossn. PRE 2019-0022 (DEV2019-0172)-BOARS CROSSN November 4, 2019 Page 3 8. Sidewalk Cafe: Pursuant to the VBMP, a right-of-way permit and other permits as deemed necessary by the city engineer shall be approved before placement or use of a sidewalk cafe in the right-of-way. 9. Upon formal submittal, show how the rear outdoor area will be screened from the adjacent residential parcel to the north. 10. Upon formal submittal, please indicate where loading and service areas will be located so as to not block any access way to the adjacent residential parcel to the north. 11. Upon formal submittal, show where noise-generating equipment (refrigeration units, air conditioning and exhaust fans, etc.) will be located and how it will be screened. 12. Upon formal submittal, please provide a site plan clearly delineating property lines and provide lot dimensions. Please follow applicable submittal requirements per P-2 Development Permits. 13. New forthcoming requirements related to the city's Climate Action Plan (CAP) will likely impact development requirements of this project. A formal application submittal will need to include a completed CAP Checklist (Form P-30) to determine what requirements will apply to the project. New CAP requirements are related to energy efficiency, photovoltaic, electric vehicle charging, water heating and traffic demand management requirements, as set forth in City Council Ordinance Nos. CS-347, CS-348, CS-349 and CS-350 and City Council Resolution No. 2019-024 which are available on the city's website at the following address: http://www.carlsbadca.gov/services/depts/pw/environment/cap/ordinances.asp To the extent that some or all of the new CAP requirements are in effect at the time of application for grading or building permits, the project will be required to comply with the effective requirements even if different than what is proposed in the project's planning approvals. CAP requirements may impact, but are not limited to, site design and local building code requirements. Once adopted as part ofTitle 18 and in effect, plans submitted for grading or building permits must demonstrate compliance with the new CAP requirements. If incorporating new CAP requirements results in substantial modifications to the project after planning approvals are obtained, then prior to issuance of grading or building permits, the applicant may be required to submit and receive approval of a Consistency Determination or an Amendment application for the project through the Planning Division. 14. Planning is unable to indicate whether the proposed project will be supported. Upon formal submittal and review, all technical standards, issues of concern and required findings will need to be addressed. All necessary application forms, submittal requirements, and fee information are available at the Planning counter located in the Faraday Building at 1635 Faraday Avenue or online at http:ljwww.carlsbadca.gov/services/depts/planning/default.asp. You may also access the General Plan Land Use Element and the Zoning Ordinance online at the website address shown; select Department Listing; select Planning Home Page. Please review all information carefully before submitting. PRE 2019-0022 (DEV2019-0172)-BOARS CROSSN November 4, 2019 Page4 Land Development Engineering: 1. Complete a Stormwater Standards Questionnaire, Form E-34, to determine whether this project is subject to 'Priority Development Project' (PDP) requirement or 'Standard Project' requirements. The questionnaire is available in the city website at: http://www.carlsbadca.gov/civicax/filebank/blobdload.aspx?Blob1D=22711 2. Indicate on the site plan the newly created and/or replaced impervious area in square feet (including the area of the proposed covered patios, restrooms, new sidewalks (private and public), new delivery access, new trash enclosure, etc.). If the project's proposed new and replaced impervious area exceeds the 5,000 sq. ft., then the project qualifies as a 'Priority Development Projects' (PDPs) and a Storm Water Quality Management Plan (SWQMP) is required. The SWQMP shall be prepared in accordance with the City of Carlsbad BMP Manual (latest version). Use the City of Carlsbad SWQMP template for priority development project (Form E-35) available in the City website at: http://www.carlsbadca.gov/civicax/fi1ebank/b1obdload.aspx?Blob1D=22712 If the proposed impervious area to less than 5,000 sq. ft., then the project qualifies as a 'Standard Project'. A 'Standard Project' is not required to prepare a SWQMP, but is required to submit a completed Standard Project Requirement Checklist (E-36 Form) available in the City website at: http://www.carlsbadca.gov/civicax/filebank/b1obdload.aspx?Blob1D=30141 3. Calculate and indicate on the site plan the project's average daily traffic (ADT). The project is proposing a 2,041 sq. ft. increase in building square footage. This will result in a traffic generation increase of approximately 200 ADT, based on SANDAG traffic generation rate. This exceeds the 110 ADT threshold for the need to prepare Traffic Impact Analysis. Submit a traffic impact analysis based on the new traffic impact analysis (TIA) guidelines available in the city website at: http://www.carlsbadca.gov/civicax/fi1ebank/blobdload.aspx?Blob1D=22758 Using Table 1 of the TIA guidelines, it appears that the project is required to prepare and submit a Level 1 TIA analysis. 4. Provide the project's proposed water demand in gallons per day (GPO), and sewer demand in equivalent dwelling unit (EDU). 5. Calculate and indicate the project's net employee ADT increase on the site plan. Based on the proposed site plan, the project's net employee ADT appears to be less than 110 employee ADT threshold therefore the project is not required to prepare a Transportation Demand Management Plan. 6. Show the property boundary data including bearings and distances. Provide a preliminary title report dated within 6 months of the discretionary application date. Show and label on the plans, all easements listed in schedule B of the said report. PRE 2019-0022 (DEV2019-0172)-BOARS CROSSN November 4, 2019 Page 5 7. Provide proof of a recorded private reciprocal access agreement between all affected property owners for the proposed off-site sidewalk along the western property boundary. 8. Delete all proposed private improvements within the public right-of-way including proposed cafe seating, railings and gates. Process a separate right-of-way permit application for all proposed public right-of-way encroachments through Land Development Engineering Division. 9. Show the existing and proposed contour lines, spot elevations, high point, low points onsite, on the adjacent streets and on the adjacent properties within 50 feet beyond the project boundary. Show the existing direction of drainage using drainage arrows. 10. Submit preliminary Geotechnical Study that provides design recommendations for this proposed development including grading of building expansion and recommendations for any stormwater LID/treatment BMPs proposed for this project. Based on the preliminary plans, a grading permit maybe required for this project. 11. Submit a preliminary hydrology report to address site drainage and to mitigate for flow increases (if any) at the exist/discharge points. 12. Use NGVD 29 datum for vertical control. 13. Show the locations of the existing and proposed utilities including water services and sewer laterals to serve this project. 14. Meet with the Fire Department to identify the necessary fire protection measures required for this project (additional fire hydrants, sprinkler system, etc.). Building: 1. Please provide an exit analysis with the formal submittal. 2. Building staff does not agree with the halls and egress routes not being counted in the square footage. 1. There are concerns over the proposed dual use of restaurant and nightclub and how the use will be able to control the access of minors onto the property after a certain time. 2. The proposed sidewalk cafe encroaching onto the existing sidewalk is of concern as well due to heavy foot traffic and poor lighting in existence now. 3. Please note these concerns are strictly preliminary as we look forward to working with the business owners to help them find the best business model possible. PRE 2019-0022 (DEV2019-0172)-BOARS CROSSN November 4, 2019 Page 6 Fire: 1. Please contact Randy Metz for Fire comments. If you would like to schedule a meeting to discuss this letter with the commenting departments, please contact Chris Sexton at the number below. You may also contact each department individually as follows: • Planning Division: Chris Sexton, Associate Planner, at (760) 602-4631 • Land Development Engineering: Tecla Levy, Project Engineer, at (760) 602-2733 • Fire Department: Randy Metz, Fire Inspections, at (760) 602-4661 • . Building Division: Mike Peterson, Interim Director of Community Economic Development Director, at (760) 602-2721 • Police: Mike Ernst, Police Sergeant, at (760) 931-2100 Sincerely, DON NEU, AICP City Planner DN:CS:mf c: Ralph and Lana Burnette Trust, 390 Grand Avenue, Carlsbad CA 92008 Tecla Levy, Project Engineer Fire Prevention HPRM/File Copy Data Entry