HomeMy WebLinkAboutRP 2017-0007; THE 505 GLASS STUDIO; Admin Decision Letter•. ~ .
February 20, 2017
Mary Devlin
3355 Ridgecrest Drive
Carlsbad, CA 92008
k~
2..0 ~', 16
FILE
{'city of
Carlsbad
SUBJECT: RP 2017-0007 {DEV2017-0102) -THE 505 GLASS STUDIO -Request for approval of an
Administrative Review Permit (RP 2017-0007) to allow for the change in use from an
automotive repair shop to a glass blowing studio with retail gallery at 505 Oak Avenue, in
District 6 of the Village Review (V-R) Zone and Local Facilities Management Zone 1.
Dear Ms. Devlin,
The City Planner has completed a review of your application for an Administrative Review Permit RP 2017-
0007 to allow for the change in use of a portion of an existing building from an automotive repair shop to
a glass blowing studio with retail gallery at 505 Oak Avenue. 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 November 13, 2017).
It is the City Planner's determination that the project, RP 2017-0007 -THE 505 GLASS STUDIO, 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. 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 glass blowing studio with retail
gallery provides employment opportunities and complements the existing commercial uses in
the pedestrian-oriented downtown Village.
3. 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 glass blowing
studio with retail gallery use has the same parking requirement (one space per 300 square feet,
totaling four required spaces) as the previous automotive repair use (four spaces for one bay).
Therefore, the existing available parking satisfies the parking requirements for the proposed
use.
Community & Economic Development
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-73 l 4 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov
RP 2017-0007 (DEV2017-0102) -THE 505 GLASS STUDIO
February 20, 2018
Page 2 ,.
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 categorically exempt from the requirement for the preparation of environmental
documents pursuant to Section 15303 -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.
Conditions:
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of
this proposed development, must be met prior to approval of a building permit.
1. Approval is granted for RP 2017-0007 as shown on Exhibits "A" -"D" dated February 20, 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.
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. 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.
' .... ,f
' ri • -..
RP 2017-0007 (DEV2017-0102) -THE 505 GLASS STUDIO
February 20, 2018
Page 3
6. This Administrative Review Permit is granted without an expiration date. 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.
7. 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.
8. This approval shall become null and void if a building permit or business license is not issued for
this project within 24 months from the date of project approval.
9. Developer shall report, in writing, to the City Planner within 30 days, any address change from
that which is shown on the permit application.
10. Prior to issuance of a business license, and commencing the use, the applicant shall obtain all
required building permits for tenant improvements and comply with all building codes required
for the business including, but not limited to, handicap accessibility requirements. Plans shall
show removal of the existing chain link fence and barb wire around the perimeter of the lot.
11. Prior to approval of the building permit final inspection and occupancy, owner/applicant shall
remove the chain link fencing and barb wire around the perimeter of the lot.
12. Landscaping shall be provided between the parking lot and adjacent sidewalk along Tyler Street
and Oak Avenue to minimize the visual intrusion of automobile parking within the Village. The
parking area shall be screened from the adjacent streets through the use of planting or
combination of planting and mounding. Screening elements shall have a total height of at least
three (3) feet.
13. 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
Condition No. 12 and the City's Landscape Manual. Developer shall construct and install all
landscaping and irrigation as shown on the approved landscape 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.
14. The first submittal of Final Landscape and Irrigation Plans, or Prescriptive Compliance Option
landscape plans if applicable, shall be pursuant to the landscape plan check process on file in the
Planning Division and accompanied by the project's building, improvement, and grading plans.
RP 2017-0007 (DEV2017-0102) -THE 505 GLASS STUDIO
February 20, 2018
Page 4
Engineering:
General
15. 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 ~vailable until time of occupancy.
16. Developer shall apply for and complete the processing of a certificate of compliance for lot
legality purposes to the satisfaction of the city engineer. Developer shall pay processing fees
per the city's latest fee schedule.
Storm Water Quality
17. 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.
Utilities
18. 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 mains to
the satisfaction of the district engineer.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
19. 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.
20. 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.
21. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.330.
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.
. -.
RP 2017-0007 (DEV2017-0102) -THE SOS GLASS STUDIO
February 20, 2018
Page 5
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.
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 Paul Dan at 760-602-4614.
Sincerely,
TERI DELCAMP
Principal Planner
TD:PD:sc
c: Thomas D. & Lucinda S. Vigne, 3880 Hibiscus Circle, Carlsbad, CA 92008
Don Neu, City Planner
Kyrenne Chua, Project Engineer
HPRM/File Copy
Data Entry