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HomeMy WebLinkAboutRP 2017-0015; BLOC CO-WORKING AND LOCALS MARKET; Admin Decision Letter' . " January 3, 2018 Brendan Foote Unit 101 C ~WO ~ ~ (~ FILE {'cityof Carlsbad 125 S. Coast Hwy 101 Solana Beach, CA 92075 SUBJECT: Dear Mr. Foote, RP 2017-0015 (DEV2017-0247) -BLOC CO-WORKING AND LOCALS MARKET -Request for approval of an Administrative Review Permit (RP 2017-0015) to allow for office and retail uses within a portion of an existing commercial building at 2659 State Street, in District 4 of the Village Review Zone and Local Facilities Management Zone 1. The City Planner has completed a review of your application for Administrative Review Permit RP 2017- 0015 to allow for office and retail uses within 4,600 square feet of an existing 6,600 square foot commercial building at 2659 State 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 December 29, 2017). After careful consideration of the circumstances surrounding this request, the City Planner has determined that the five findings required for granting an Administrative Review Permit can be made and therefore, 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 office and retail uses provide employment opportunities and complement 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 office is a provisional use and certain retail uses are permitted uses within Land Use District 4 of the Village Master Plan. The office and retail uses will operate within a portion of an existing building. The office use in District 4 is subject to the following provisional use findings of the Village Master Plan: a. The office development will be compatible in scale and character to the surrounding Village development in that the office use will be located within 4,600 square feet of an existing 6,600 square foot building. The building contains a small second story which will contain offices. The ground floor will contain office and retail uses. The building will be improved to add a storefront and entrance on State Street which will activate the building frontage similar to other buildings along the street. Community & Economic Development Planning Division J 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov 1'11'.. ~ ."'-1/ ._,I RP 2017-0015 (DEV2017-0247)-BLOC CO-WORKING AND LOCALS MARKET January 3, 2018 Pa e 2 b. The development is not likely fo _n~&.a,tively impact existing or planned retail continuity in significant concentration of co~1J,e~, shops in that the proposed office space will also contain a portion of r~_tail.iQ,;,~M~ifton tclthe existing retail space operating in the remaining portion of the building. Therefore, retail uses are maintained on-site and the potential for retail continuity is preserved on the street. Furthermore, the reduction in retail square footage on-site will not negatively impact retail continuity as the site is bordered by non- retail uses (i.e. four residential units to the south and vehicle access to State Street Alley to the north). c. Sufficient on-site parking will be available to serve employee parking needs in that outside the Coastal Zone, the Village Master Plan allows space to be converted from one approved use to another approved use without additional parking if parking is provided on-site to the extent feasible. Eight parking spaces are provided on-site, which is the maximum number of parking spaces that can be accommodated on the site. In addition, public parking is currently permitted along State Street. Furthermore, a parking study (Kimley-Horn, September 14, 2017) was recently completed which identified that adequate public parking is available within the Village. d. The office development will not result in an undue reduction of livability for adjacent residents in that the existing building has historically contained a mixture of office and retail uses. The proposed office and retail will be located within the existing building and an upgraded exterior will improve the building's appearance on the street. 3. The total cost of the proposed development is less than $60,000. 4. 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 15301-Existing Facilities 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, 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 2017-0015 as shown on Exhibits "A" -"K" dated January 3, 2018 on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. ( . . i 0 0 RP 2017-0015 (DEV2017-0247)-BLOC CO-WORKING AND LOCALS MARKET January 3, 2018 Pa e 3 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 2017-0015 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. 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. 6. 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. 7. All exterior block walls shall be painted to match or complement the building. 8. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. Engineering: 9. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. 10. Developer shall submit for an application and obtain a valid right-of-way permit prior to any work in city right-of-way. Developer shall pay processing fees per the city's latest fee schedule. ~ ~ RP 2017-0015 (DEV2017-0247) -BLOC CO-WORKING AND LOCALS MARKET January 3, 2018 Pa e 4 11. 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 ttie 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: 12. 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. 13. 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. 17. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. ( . , C .~ RP 2017-0015 (DEV2017-0247) -BLOC CO-WORKING AND LOCALS MARKET January 3, 2018 Pa e 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 Chris Garcia at (760) 602-4622. Sincerely, _ _,.--' I c____ -!J-~11 TERI DELCAMP Principal Planner TD:CG:sc c: 2659 State Partners LLC, 376 Via Linda Del Sur, Encinitas, CA 92024 Jennifer Horodyski, Project Engineer File Copy Data Entry