HomeMy WebLinkAbout2011-10-25; City Council; Resolution 2011-254<T ^ «.. t O.-'
1 CITY COUNCIL RESOLUTION NO. 2011-254
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, APPROVING MAJOR REVIEW
PERMIT RP 11-14 TO ALLOW CONVERSION OF RETAIL
4 SPACE TO A RESTAURANT USE (CATCH) WITH A
5 STANDARDS MODIFICATION TO ALLOW FOR OPERATION
OF A VALET PARKING PROGRAM TO SATISFY THE ON-SITE
6 PARKING REQUIREMENTS FOR SAID RESTAURANT ON
PROPERTY GENERALLY LOCATED AT 660 CARLSBAD
7 VILLAGE DRIVE IN LAND USE DISTRICT 1 OF THE VILLAGE
REVIEW ZONE IN LOCAL FACILITIES MANAGEMENT ZONE
8 1.
9 CASE NAME: CATCH RESTAURANT
CASE NO.: RP 11-14
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WHEREAS, Mayur Pavagadhi, "Applicant," has filed a verified application
12 with the City of Carlsbad regarding property owned by Parker Family Trust, "Owner,"
13 described as Assessor Parcel Numbers 203-304-26 and 203-304-31; and
14 WHEREAS, said verified application constitutes a request for approval of a valet
parking program as a standards modification to meet the on-site parking requirements for
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conversion of retail space to a full service restaurant through approval of a Major Review Permit
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and as shown on full size Exhibits "A" - "C" dated October 25, 2011, on file in the Housing18
19 and Neighborhood Services Department, RP 11-14 - CATCH RESTAURANT, as provided by
20 Chapter 21.35.080 of the Carlsbad Municipal Code; and
21 WHEREAS, the Planning Director has determined that the project belongs to a
22 class of projects that the State Secretary for Resources has found do not have a significant impact
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on the environment, and it is therefore categorically exempt from the requirement for preparation
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of environmental documents pursuant to Section 15303 (Class 3) of the State CEQA
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26 Guidelines as the project involves the conversion of existing small structures from one use
27 to another where only minor modifications are made to the interior of the structure. In
making this determination, the Planning Director has found that the exceptions listed in Section
15300.2 of the state CEQA Guidelines do not apply to this project.
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1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the
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City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.4
- B) That based on the evidence presented at the public hearing, the City Council
APPROVES RP 11-14- CATCH RESTAURANT, based on the following
6 findings and subject to the following conditions:
Findings:
o
The City Council finds that the project, as conditioned herein and with the findings noted
9 below to grant the standards modifications for a restaurant use to operate a valet parking
program to satisfy the on-site parking requirements for said use, is consistent with the goals
10 and objectives set forth within the Village Master Plan and Design Manual based on the facts
set forth in the staff report dated October 25,2011 including but not limited to the following:
12 a- The proposed project assists the City Council in meeting the goals and objectives set forth
within the Village Master Plan and Design Manual by allowing use of the entire building
13 to operate a full service restaurant that provides an additional resident and visitor -serving
use in an appropriate and key location. An additional quality restaurant will assist in
14 attracting additional residents and tourists to downtown Carlsbad.
b. The proposed project will allow for full occupation of a large vacant building within a
key visual corridor and commercial area of the Village. Conversion of the vacant space
allows for the elimination of a blighting influence and supports the effort to maintain a
17 vibrant Village commercial environment.
10 c. The proposed project will provide for banquet restaurant space within the Village which
in is desirable for the area, and will better meet customer expectations and demand.
20 Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
__ building permits.
23 1. 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
24 implemented and maintained over time, if any 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;
27 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 Major Review Permit.
CC RESO NO. -2-
Staff is authorized and directed to make, or require the Developer to make, all corrections and
2 modifications to the Major Review Permit documents, as necessary to make them internally
consistent and in conformity with the final action on the project. Development shall occur
3 substantially as shown on the approved Exhibits. Any proposed development different from
this approval, shall require an amendment to this approval.4
c 3. The Developer shall comply with all applicable provisions of federal, state, and local laws
and regulations in effect at the time of building permit issuance.
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4. The Developer shall submit to the Housing and Neighborhood Services Department a
reproducible 24" x 36", mylar copy of the Major Review Permit reflecting the conditions
approved by the final decision making body.
o
9 5. Approval is granted for Major Review Permit RP 11-14 as shown on attached reduced
Exhibits "A"-"C", dated October 25, 2011, the full size originals of which are on file in
10 the Housing and Neighborhood Services Department and incorporated herein by
reference. Development shall occur substantially as shown unless otherwise noted in these
conditions.
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Prior to the issuance of the building permit, Developer 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
14 Housing and Neighborhood Services Director, notifying all interested parties and
successors in interest that the City of Carlsbad has issued a Major Review Permit by City
15 Council Resolution No. 2011-254 on the real property owned by the Parker Family Trust.
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
17 restrictions specified for inclusion in the Notice of Restriction. The Housing and
Neighborhood Services Director has the authority to execute and record an amendment to
18 the notice which modifies or terminates said notice upon a showing of good cause by the
Developer or successor in interest.
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20 7. A separate sign permit is required for any new signage located on site or the building.
21 8. All rooftop mechanical equipment shall be properly screened per City of Carlsbad Standards.
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9. The exterior of the building shall be properly maintained at all times, and there shall be no
23 outdoor storage permitted at any time.
10. 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 treatment 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
27 reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance
system to the maximum extent practicable. Developer shall notify prospective owners and
28 tenants of the above requirements.
CC RESO NO. -3-
11. Developer shall complete and submit to the City Engineer a Project Threat Assessment Form
2 (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, Developer shall
also submit the appropriate Tier level Storm Water Compliance form and Tier level Storm
3 Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the
satisfaction of the City Engineer.
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12. 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.:
7 turf, landscape areas), 3) and designing trash enclosures to avoid contact with storm runoff, all
to the satisfaction of the city engineer.
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13. Developer shall install potable water and sewer services, laterals, meters and cleanouts with
" specific size and locations approved by the city engineer. The locations of said services shall be
reflected on building plans or construction revision as mentioned above.
\1 14. 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)
12 and floor area contained in the staff report and shown on the site plan are for planning
purposes only.
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15. Valet parking, as shown on Exhibits "A"-"C", shall be used to park vehicles using
Catch restaurant during peak business hours. Peak business hours shall include
weekday and weekend evenings. This requirement shall apply to all future restaurants
operated on the site as well, unless an alternate parking program is approved by the
16 City Council.
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,o 16. If for whatever reason the valet parking ceases, then applicant will reduce the floor
space of the restaurant to coincide pro-rata with the onsite parking provided.
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17. This approval is granted subject to the approval of CDP 11-12, and is subject to all
20 conditions contained in City Council Resolutions No. 2011-255 for those other approvals
incorporated herein by reference.
22 18. This City Council Resolution No. 2011-254 supersedes and replaces the original
conditions of approval for Administrative Review Permit No. RP 11-14 which are
23 hereby rescinded and rendered null and void.
19. Valet parking attendants shall not occupy spaces in public parking lots to park vehicles
using the valet service. All valet parking shall be implemented on the site of the
restaurant and as set forth in the approved program.
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CC RESO NO. -4-
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 25th day of October, 2011, by the following vote to wit:
AYES: Council Members Hall, Blackburn, Douglas.
NOES: None.
ABSENT: Council Member Kulchin and Packard.
MATT HALL, Mayor
ATTEST:
RRAINE M. WOOD, City Clerk
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