HomeMy WebLinkAbout2019-08-27; City Council; Resolution 2019-149RESOLUTION NO. 2019-149
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A MINOR REVIEW PERMIT AND COASTAL
DEVELOPMENT PERMIT TO ALLOW A SECOND-STORY ADDITION TO AN
EXISTING RESTAURANT CONSISTING OF A 1,620-SQUARE-FOOT OUTDOOR
DINING AREA AND A 467-SQUARE-FOOT ENCLOSED AREA CONTAINING
RESTROOMS, STORAGE AND FOOD PREPARATION AREAS LOCATED AT 264
CARLSBAD VILLAGE DRIVE IN LAND USE DISTRICT 9 OF THE VILLAGE MASTER
PLAN AND DESIGN MANUAL, THE VILLAGE SEGMENT OF THE LOCAL COSTAL
PROGRAM, AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: FRESCO RESTAURANT
CASE NO: RP 2018-0013/CDP 2018-0050 (DEV2017-0020)
WHEREAS, the City Council of the City of Carlsbad, California has determined that pursuant to
the provisions of the Municipal Code, the Planning Commission did, on June 19, 2019, hold a duly
noticed public hearing as prescribed by law to consider Minor Review Permit RP 2018-0013 and Coastal
Development Permit CDP 2018-0050, as referenced in Planning Commission Resolution No. 7336; and
the Planning Commission adopted Planning Commission Resolution No. 7336 recommending to the
City Council that it be approved; and
WHEREAS, the City Council of the City of Carlsbad, held a duly noticed public hearing to consider
said Minor Review Permit and Coastal Development Permit; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if
any, of all persons desiring to be heard, the City Council considered all factors relating to the Minor
Review Permit and Coastal Development Permit; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the recommendation of the Planning Commission for the approval of Minor Review
Permit RP 2018-0013 and Coastal Development Permit CDP 2018-0050, is approved, and
that the findings and conditions of the Planning Commission contained in Planning
Commission Resolution No. 7336 on file with the city clerk and incorporated herein by
reference, are the findings and conditions of the City Council.
August 27, 2019 Item #7 Page 3 of 29
3. This action is final the date this resolution is adopted by the City Council. The Provisions
of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall
apply:
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 27th day of August 2019, by the following vote, to wit:
AYES: Bhat-Patel, Blackburn, Schumacher, Hamilton.
NAYS: None.
ABSENT: Hall
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August 27, 2019 Item #7 Page 4 of 29
Exhibit 2
NOT TO SCALE
SITE MAP
FRESCO RESTAURANT
RP 2018-0013 / CDP 2018-0050
August 27, 2019 Item #7 Page 5 of 29
Exhibit 3
PLANNING COMMISSION RESOLUTION NO. 7336
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MINOR
REVIEW PERMIT AND COASTAL DEVELOPMENT PERMIT TO ALLOW A
SECOND-STORY ADDITION TO AN EXISTING RESTAURANT CONSISTING OF
A 1,620-SQUARE-FOOT OUTDOOR DINING AREA AND A 467-SQUARE-
FOOT ENCLOSED AREA CONTAINING RESTROOMS, STORAGE AND FOOD
PREPARATION AREAS LOCATED AT 264 CARLSBAD VILLAGE DRIVE IN
LAND USE DISTRICT 9 OF THE VILLAGE MASTER PLAN AND DESIGN
MANUAL, THE VILLAGE S.EGMENT OF THE LOCAL COST AL PROGRAM, AND
WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: FRESCO RESTAURANT
CASE NO: RP 2018-0013/CDP 2018-0050 (DEV2017-0020)
WHEREAS, Elmerinda Dinitto, "Applicant," has filed a verified application with the City of Carlsbad
regarding property owned by Elmerinda Dinitto, "Owner," described as
All of Tract 95 of Map of Carlsbad Lands, in the City of Carlsbad, County of San
Diego, State of California, according to Map thereof No. 1661, filed in the Office of
the County Recorder of San Diego County, March 1, 1915 excepting the
Northeasterly 100.00 feet thereof
("the Property"); and
WHEREAS, said verified application constitutes a request for a Minor Review Permit and Coastal
Development Permit as shown on Exhibit(s) "A" -"F" dated June 19, 2019, attached hereto and on file in
the Carlsbad Planning Division, RP 2018-0013/CDP 2018-0050 -FRESCO RESTAURANT, as provided in
Chapters 21.35 and 21.201.030 of the Carlsbad Municipal Code; and
WHEREAS, the Planning CommissJon did, on June 19, 2019, hold a duly noticed public hearing as
prescribed by law to consider said request;
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if
any, of all persons desiring to be heard, said Commission considered all factors relating to the Minor
Review Permit and Coastal Development Permit.·
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad,
as follows:
A) That the above recitations are true and correct.
August 27, 2019 Item #7 Page 6 of 29
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of RP 2018-0013/CDP 2018-0050 -FRESCO RESTAURANT,
based on the following findings and subject to the following conditions:
Findings:
Minor Review Permit RP 2018-0013
1. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the city's General Plan, and the development standards of the Village Review
Zone and the Village Master Plan. and Design Manual, based on the facts set forth in the staff
report dated June 19, 2019, including, but not limited to the following: .
a. Land Use -The addition of a second-story 1,620 square-foot outdoor dining area and a 467
square-foot enclosed area enhances the vitality of the Village by strengthening an existing
service to local residents and visitors that is characteristic to the Village area.
The project complements the existing uses within the Village by providing additional
restaurant capacity, especially during the peak summer season. The project also reinforces
the pedestrian orientation desired for the downtown area by enhancing an existing use that
is within close proximity to residences and visitor-oriented uses.
The proposed outdoor dining area is complementary to the restaurant's recently completed
fa~ade improvement and aims to further contribute to the revitalization of the Village area
by creating a n.ew ocean-view dining opportunity for residents and visitors.
b. Mobility -The existing restaurant is located approximately one-quarter mile from the
Carlsbad Village Station which provides train and bus services throughout the day. The
addition of the outdoor dining area will not alter the pedestrian connectivity provided by
the existing sidewalk on Carlsbad Village Drive.
c. Noise -The noise study prepared by ABC Acoustics, Inc. (February 11, 2019) determined
that no significant noise impacts are anticipated for the proposed outdoor dining addition
and, therefore, no noise mitigation measures are needed. The project is conditioned to
comply with the required noise standards set forth by the General Plan.
d. Public Safety -The proposed structural improvements are required to be designed in
conformance with all seismic, fire and safety standards as required by the State's Uniform
Building Code.
e. Sustainability -The proposed project is required to comply with the City's current Climate ·
Action Plan requirements.
f. Land Use District 9 Standardi-The project as designed is consistent with the development
standards for Land Use District 9, the Village Design Guidelines and all other applicable
regulations set forth in the Village Master Plan and Design Manual in that the addition
meets all setback, height, building coverage, roof pitch, open space, and parking
requirements. The project is not requesting any deviations to the development standards
and all required parking is located on-site.
PC R~SO NO. 7336 -2-August 27, 2019 Item #7 Page 7 of 29
Coastal Development Permit CDP 2018-0050
2. That the proposed development is in conformance with the Certified Local Coastal Program and
all applicable policies in that the project proposes additions to an existing restaurant use, and
the development is consistent with the Village Segment of the Local Coastal Program. No
agricultural activities, sensitive resources, geological instability, flood hazard or coastal access
opportunities exist on-site. The proposed addition to the existing restaurant will not obstruct
views of the coastline as seen from public lands or public right-of-way, nor otherwise damage
the visual beauty of the Coastal Zone.
3. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that the property is not located adjacent to the coastal shore; therefore, it will
not interfere with the public's right to physical access or water-oriented recreational activities.
General
4. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 1 and all city public facility policies and ordinances. The project
includes elements or has been conditioned to construct or provide funding to ensure that all
facilities and improvements regarding sewer collection and treatment, water, drainage,
circulation, fire, schools, parks and other recreational facilities, libraries, government
administrative facilities, and open space, related to the project will be installed to serve new
development prior to or concurrent with need. Specifically, the project has been conditioned to
provide proof from the Carlsbad Unified School District that the project has satisfied its
obligation for school facilities. Additionally, the Public Facility fee is required to be paid by
Council Policy No. 17 and will be collected prior to the issuance of building permit.
5. 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 categoricaUy exempt from the requirement for the preparation of environmental
documents pursuant to Section 15301-Existing Facilities of the state CEQA Guidelines.
6. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, 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 otherwise specified herein, all conditions shall be satisfied prior to the issuance of a
building permit.
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 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
PC RESO NO. 7336 -3-August 27, 2019 Item #7 Page 8 of 29
by Developer or a successor in interest by the city's approval of this Minor Review Permit and
Coastal Development Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Minor Review Permit and 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.
3. Developer shall comply with all applicable -provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged,
this approval shall be suspended as provided in Government Code Section 66020. If any such
condition is determined to be invalid, this approval shall be invalid unless the City Council
determines that the project without the condition complies with all requirements of law.
s. 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 Minor Review Permit/Coastal Development Permit,
(b) city's approval or issuance of any permit or action, whether discretionary or nondiscretionary,
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. This obligation survives until all legal proceedings have been concluded and continues
even if the city's approval is not validated.
6. Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Carlsbad Unified School District that this project has satisfied its obligation to
provide school facilities.
7. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
8. Prior to the issuance of the building permit, Developer shall submit to the city a Notice of
Restriction executed by the owner of the real property to be developed. Said notice is 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 a Minor Review
Permit/Coastal Development Permit by Resolution No. 7336 on the property. 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 Developer or successor in interest.
9. 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.
PC RESO NO. 7336 -4-August 27, 2019 Item #7 Page 9 of 29
10. Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy No. 17, the
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD
#1 special tax {if applicable), subject to any credits authorized by Carlsbad Municipal Code Section
5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone
1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If
the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall
become void.
11. Building permits will not be issued for this project unless the local agency providing water and
sewer services to the project provides written certification to the city that adequate water service
and sewer facilities, respectively, are available to the project at the time of the application for the
building permit, and that water and sewer capacity and facilities will continue to be available until
the time of occupancy.
12. 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.
13. Noise generated by the operation of the restaurant's roof deck patio shall not exceed the
standards established in Table 5-3 in the Noise Element of the General Plan.
Engineering Conditions
General
14. 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.
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 available until
time of occupancy.
Storm Water Quality
16. 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.
17. 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 appropriate 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.
18. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
PC RESO NO. 7336 -5-August 27, 2019 Item #7 Page 10 of 29
landscape plans, building plans, etc.) incorporate all source control, site design, pollutant control BMP
and applicable hydromodification measures.
Dedications/Improvements
19. Prior to any work or equipment staging in city right-of-way or public easements, Developer shall apply
for and obtain a right-of-way permit to the satisfaction of the City Engineer.
Utilities
20. 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 main_s to the satisfaction of the
district engineer.
21. Sizes and locations of water service, water meter, and backflow preventer shall be shown on the
building plans and shall be provided and justified to the satisfaction of the district engineer and City
Engineer. The location and size of said services shall be reflected on public improvement plans.
22. Size and location of the sewer lateral shall be shown on the building plans and shall be provided and
justified to the satisfaction of the District Engineer and City Engineer. The location and size of the
sewer lateral shall be reflected on public improvement plans.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the following:
23. 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.
24. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section
18.04.330.
25. 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.
26. The project shall comply with the latest nonresidential disabled access requirements pursuant to
Title 24 of the California Building Code.
27. 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.
28. Developer acknowledges new forthcoming requirements related to the city's Climate Action Plan
(CAP) will likely impact development requirements of this project and may be different than what
is proposed on the project plans or in the project's CAP Checklist. Developer acknowledges 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, are available on the
city's website. CAP requirements may impact, but are not limited to, site design and local building
PC RESO NO. 7336 -6-August 27, 2019 Item #7 Page 11 of 29
code requirements. If incorporating new CAP requirements results in substantial modifications
to the project, then prior to issuance of development permits, Developer may be required to
submit and receive approval of a Consistency Determination or Amendment for this project
through the Plannin~ Division. Once adopted as part ofTitle 18 and in effect, compliance with the
new CAP requirements must be demonstrated on or with the construction plans prior to issuance
of the applicable development permits.
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 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.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City
of Carlsbad, California, held on June 19, 2019, by the following vote, to wit:
AYES: Chair Luna, Commissioners Geidner, Lafferty, Meenes, Merz, and Stine
NOES:
ABSENT: Commissioner Anderson
CARLSBAD PLANNING COMMISSION
ATTEST:
TERI DELCAMP
Principal Planner
PC RESO NO. 7336 -7-August 27, 2019 Item #7 Page 12 of 29