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HomeMy WebLinkAbout1995-03-01; Design Review Board; Resolution 2211 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DESIGN REVIEW BOARD RESOLUTION NO. 221 A RESOLUTION OF THE DESIGN REVDEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A MAJOR REDEVELOPMENT PERMIT TO ALLOW A LAND USE CHANGE FROM A RETAIL BAKERY TO A RESTAURANT/MICROBREWRY ON PROPERTY LOCATED ON THE SOUTHWEST CORNER OF ROOSEVELT STREET AND CARLSBAD VILLAGE DRIVE. CASE NAME: CARLSBAD VILLAGE BREWERY AND PUBLIC HOUSE APN: 203-306-02, 12 CASE NO: RP 94-07 WHEREAS, a verified application has been filed with the City of Carlsbad and referred to the Design Review Board; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Design Review Board, on the 1st day of March, 1995, did hold a duly noticed public hearing to consider said application on property described as: The northeasterly 80 feet of lots 17 thru 19 in Block 33 and all of lots 20, 21, 22 in Block 33 of City of Carlsbad, County of San Diego, State of California, according to Map Nos. 775 and 535, filed in the Office of the County Recorder February 15, 1894 and May 2, 1888, respectively. WHEREAS, at said public hearing upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Design Review Board considered all factors relating to Major Redevelopment Permit 94-07. NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as follows: I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DRB Resolution No. 221 Page 2 .... .... 1. That the foregoing recitations are true and correct. 2. That based on the evidence presented at the public hearing, the Design Review Board hereby recommends APPROVAL of a Major Redevelopment Permit, RP 94-07, based on the following findings and subject to the following conditions: FINDINGS: 1. The Design Review Board finds that the environmental effects of the subject project have already been considered in conjunction with previously certified environmental document for the Village Redevelopment Plan. An Environmental Impact Review (EIR) document for the Redevelopment Plan was completed and certified in 1979. The EIR for the Redevelopment Plan considered all potential impacts of the policies, procedures and land uses proposed within the Redevelopment Plan and outlined appropriate mitigation measures to address any anticipated adverse impacts. The proposed project has been developed pursuant to, and is consistent with, the Village Redevelopment Plan and any applicable mitigation measures outlined within the EIR for this Plan. No new circumstances, as set forth in the California Environmental Quality Act Sections 15162 or 15163, have been identified which would require a subsequent Environmental Impact Review (EIR) for the subject project or a supplement to the certified EIR for the Redevelopment Plan. No additional environmental review or documents are required for this project nor Public Resources Code 21081 findings are required. 2. The project is consistent with the goals and objectives of the various elements of the General Plan because it creates a distinct identity for the Village Redevelopment Area by encouraging activities that traditionally locate in a pedestrian-oriented downtown area, including offices, restaurants and specialty retail shops. The project will also protect, preserve and enhance a structure with local historical significance within the Village Redevelopment Area. .... .... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - DRl3 Resolution No.= Page 3 .... 3. 4. 5. .... .... .... .... A key implementing policy and action program for the Village, as outlined within the Carlsbad General Plan, is to provide a variety of commercial and tourist recreational activities in connection with special entertainment facilities, restaurants and other uses which will foster a community concept. In addition to providing a new commercial use to add to the variety in the Village, the project will offer a special entertainment opportunity that will foster the desired community concept because local musicians and artists will be invited to "showcase" their talents within the business establishment. By inclusion of appropriate conditions on the project, the Design Review Board is satisfied that the requirements of the Public Facilities Element of the General Plan has been met insofar as they apply to sewer service for this project. Building permits will not be issued for the project unless the City Engineer determines that sewer service is available and remains available for the project. In addition, all necessary public improvements have been provided or will be required within the conditions of approval. The applicant has also agreed and is required to pay a public facilities fee to ensure the adequate provisions of public facilities. The project is consistent with the City's Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local facilities Managmeent Plan for Zone 1. The applicant is by condition, required to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by the Local Facilities Management Plan prepared for Zone 1 pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. The project is consistent with the Carlsbad Village Area Redevelopment Plan and the Village Design Manual because it will provide a permitted and encouraged use within Subarea 1 of the Village Redevelopment Project Area. The uses allowed in this area are the same as those allowed within the C-1, C-2 and R-P zones with a bona fide restaurant permitted by right. The project is located with the "special treatment area - Carlsbad Village Drive" for Subarea 1. Therefore, special attention has been 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DRB Resolution No. 221 Page 4 given to circulat,an for the project and design features. The project provides for improved parking and circulation on-site and will eliminate a current "eyesore" or "blighting condition" through renovation of the exterior of the existing building and occupation of a vacant building with local historical significance. 6. By inclusion of appropriate conditions on the project, the use complies with the requirements for the on-premises sale of liquor within a bona fide public eating place because the project has specifically designated parking spaces that are sufficient for the use; traffic flow on public streets or in parking areas will not cause congestion or be detrimental to other nearby neighborhood commercial uses; and, all measures have been taken to insure compatibility with the use to the surrounding neighborhood. 7. By inclusion of appropriate conditions on the project and consistent with the Carlsbad Parking Ordinance, the Design Review Board finds that adequate off-street parking will be provided for the project. The Board has determined that the restaurant space within the building shall be parked at a 1: 100 square foot ratio and that the microbrewery space shall be parked at a 1:300 square foot ratio which is comparable to the parking requirement for a neighborhood commercialhetail establishment within Subarea 1 of the Village Redevelopment Area. 8. The project is in accordance with the applicable provisions of the Carlsbad Municipal Code as demonstrated by the processing of the appropriate discretionary permits, maintenance of compatibility with surrounding land uses, and the provision of adequate parking and landscaping. GENERAL AND PLANNING CONDITIONS: 1. Approval is granted for RP 94-07, as shown on Exhibits "A" - "G", dated January 10, 1995, incorporated by reference and on file in the Housing and Redevelopment Department. Development shall occur substantially as shown unless otherwise noted in these conditions, and approved by the Housing and Redevelopment Director or City Engineer. 2. The applicant/developer shall provide the City with a reproducible 24" X 36", mylar copy of the site plan as approved by the Housing and Redevelopment Commission. The site plan shall reflect the conditions of approval by the City. The plan copy shall be submitted to the Housing and Redevelopment Director and approved prior to building permit approval. .... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /- DRB Resolution NO.~ Page 5 3. 4. 5. 6. 7. 8. 9. 10. This project is approved upon the express condition that building permits will not be issued for development on the subject property unless the District Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. This project is also approved under the express condition that the applicant pay the public facilities fee adopted by the City Council on July 28, 1987 (amended July 2, 1991) and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system of facilities and improvement plan and to fulfill the subdivider’s agreement to pay the public facilities fee dated November 9, 1994, a copy of which is on file with the City Clerk and is incorporated by this reference. If the fees are not paid, this application will not be consistent with the General Plan and approval for this project will be void. The project shall comply with all conditions and mitigation measures which may be 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 for this project. 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 Housing and Redevelopment Commission determines that the project without the condition complies with all requirements of the law. Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance. This approval shall become null and void if building permits are not issued for this project within 18 months from the date of project approval. Approval of FW 94-07 is granted subject to the approval of CDP 94-08. The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DRE3 Resolution No. 221 Page 6 11. 12. 13. .... .... .... .... .... Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to city standards. Location of said receptacles shall be approved by the Housing and Redevelopment Director. The enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Housing and Redevelopment Director. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Housing and Redevelopment and Building Directors. The project is classified as a bona fide public eating establishment. In order to be classified as such, and maintain this classification, the establishment which engages in the sale of beer, wine or distilled spirits for consumption on the premises shall meet the following requirements: Be designed and operated in such a way that the sale of alcoholic beverages is incidental to the primary restaurant operation; On any day the restaurant is open to the public for business and engaged in the incidental sale of alcoholic beverages, restaurant services shall be available to the public for the evening meal for a period of not less than five hours, or for not less than four hours, if the morning or noon meal is also served to the public for a period of not less than two hours. Restaurant service shall include, but not be limited to, an offering of a varied menu of foods or not less than five main courses with appropriate non-alcoholic beverages, desserts, salads, and other attendant dishes; The sale of any food prepared for consumption off the premises shall be occasional only and clearly incidental and subordinate to the on-premises restaurant operation; 1 2 3 4 5 6 7 E s 1c 11 12 12 14 1: 1C 1: lt 1: 2( 2: 2: 2: 24 21 2( 2' 21 CL- DRB Resolution No. 221 Page 7 14. 15. 16. 17. No more than twenty-five percent (25 %) of the interior area of the restaurant shall be designed, arranged or devoted to a use commonly associated with a bar or other establishment primarily engaged in the on-premise sale of alcoholic beverages. The interior area shall include only those portions of the establishment devoted to regular use by the public; A minimum of twenty percent (20%) of the gross floor area of the establishment shall be used solely for food storage, preparation, maintenance and storage of eating utensils, dishes and glassware and shall include refrigeration, cooking, warming arid dishwashing equipment, and any other equipment necessary for a fully equipped restaurant kitchen; During the above specified minimum hours for restaurant services, there shall be not less than one employee per two hundred and fifty square feet of floor area devoted to food service use. Said employees shall be on the job during the specified minimum hours for the restaurant service as described in subsection (b) of this condition. Failure to meet the requirements of these subsections relating to the definition of bona fide public eating establishment (CMC 21.04.056) results in a land use classification of bar or cocktail lounge (CMC 21.04.041). An exterior lighting plan including parking areas shall be submitted for approval by the Housing and Redevelopment Director. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. No outdoor storage of material shall occur onsite unless required by the Fire Chief. In such instance, a storage plan will be submitted for approval by the Fire Chief and the Housing and Redevelopment Director. The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Housing and Redevelopment Director prior to approval of grading or building plans, whichever occurs first. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash and debris. 1 2 3 4 5 6 7 f s 1c 11 li 12 14 1: 1i 1: It l! 2( 2: 2; 2: 21 2! 2t 2’: 2( rc DRB Resolution No. 221 Page 8 18. 19. 20. 21. 22 * 23. 24. .... .... All landscape and irrigation plans shall be prepared to conform with the City’s Landscape Manual and submitted per the landscape plan check procedures on file in the Planning Department. The applicant shall pay a landscape plan check and inspection fee as required by Section 10.08.050 of the Carlsbad Municipal Code. The first submittal of landscape and irrigation plans shall include building plans. 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 Housing and Redevelopment Director prior to installation of such signs. Building identification and/or addresses shall be placed on the existing building so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their background color. If a non-residential housing impact fee (or linkage fee) is established by the City Council by Ordinance or resolution and this project becomes subject to the fee, then the applicant for this project, or successor(s) in interest, shall pay the linkage fee. If the project is subject to the fee, the linkage fee shall be paid at the time of issuance of building permits. If linkage fees are required for this project, and they are not paid, this project will not be consistent with the General Plan and approval for this project will become null and void. The off-street parking requirement for the project shall be forty-one $1) spaces total. This requirement was established based on the fact that thirty-eight hundred (3800) square of gross floor space will be provided for the restaurant and related operations and seven hundred twelve (712) square feet of gross floor space will be provided for the microbrewery use within the building. A mixed ratio (restauranthetail) parking requirement was applied to the project. This parking shall be applicable to the project and must be satisfied for the entire period in which a restaurant/micro- brewery is operated on the site. The project shall provide a total of thirty- four (34) spaces on-site and seven (7) spaces within an off-street parking lot to be located within three hundred (300) feet of the project site. -, 1 2 3 4 5 6 7 E s 1c 13 1: 1: 11 l! 11 1' 11 l! 2( 2: 2; 2: 21 2: 21 2' 2: e DRB Resolution No.= Page 9 25. 26. 27. 28. 29. 30. 31. .... To satisfy the off-street parking requirement as outlined in condition no. 24 above, the applicant shall enter into a parking sublease agreement with the Carlsbad Redevelopment Agency prior to the Building Department issuing a Certificate of Occupancy for the building. If for any reason, the Carlsbad Redevelopment Agency is unable to initially sublease, or continue to sublease, parking spaces to the applicant to satisfy the off- street parking requirement for the project, the applicant shall be required to locate additional off-street parking within three hundred (300) feet of the site and guarantee its permanent availability and maintenance through an irrevocable agreement for the complete term of restaurant/ microbrewery operations at the project site. This redevelopment permit requires amendment if the microbrewery portion of the restaurant is removed from the building. The amendment may result in an additional parking requirement for any change in the operations of this or any future restaurant project on the site. If a Parking In-Lieu Fee program is established by the Carlsbad Housing and Redevelopment Commission for the Village Redevelopment Area and the subject project is eligible to participate in the program, the Applicant shall pay the applicable parking in-lieu fee as established by the City Council and/or Housing and Redevelopment to satisfy the off-street parking requirement, or continue to lease parking spaces for the duration of the project. No amendment to this redevelopment permit will be required to implement either of these options for satisfying the off-street parking requirements for the project. No dancing shall be permitted on the premises of the subject project. Entertainment within the building shall be permitted. There shall be no entertainment provided outside the building and there shall be no audible music or noise emitting from the premises which would disturb the neighboring tenants or property owners. With the exception of doors onto the patio, rear and side doors of the premises shall remain closed at all times during business hours, except for loading and unloading of supplies. There shall be no more than two (2) pool tables and no more than four (4) game machines on the premises at any time. 1 2 3 4 5 6 7 e 9 IC 11 12 12 14 If 1t 15 1€ 1C 2c 21 2: 21 24 2f 2t 25 2€ DRB Resolution N0.U Page 10 32. The applicant shall obtain an Alcohol Beverage Control (ABC) license and maintain the license in good standing at all times for continued operation of the bar and microbrewery. ENGINEERING CONDITIONS 33. 34. 35. 36. 37. 38. 39. .... Unless a standards variance has been issued, no variance from City standards is authorized by virtue of approval of this site plan. The applicant shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. The applicant shall be responsible for coordination with San Diego Gas and Electric, Pacific Bell Telephone, and Cable TV authorities. Prior to building permit issuance, the applicant shall pay all current fees and deposits required. The applicant shall comply with the City’s requirements of the National Pollutant Discharge Elimination System (NPDES) permit. The applicant shall provide best management practices to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be approved by the City Engineer prior to issuance of a building permit for the project. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, the applicant shall submit to and receive approval from the City Engineer for the proposed haul route. The applicant shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. Plans, specifications, and supporting documents for all public improvements shall be prepared to the satisfaction of the City Engineer. Prior to issuance of a building permit in accordance with City Standards, the applicant shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the site plans and the following improvements: (a) Removal of the existing driveway apron on Carlsbad Village Drive and replacement with sidewalk to match the existing sidewalk improiements . 1 2 3 4 5 E 7 E s 1c 11 1: 11 11 l! 1( 1' 14 l! 2( 2: 2; 2 2 2 2 2 2 DRB Resolution NO.^ Page 11 .... .... .... .... .... .... .... .... . .. . (b) Removal of the two existing driveways on Roosevelt Street and replacement with sidewalk. (c) Installation of a new driveway apron on Roosevelt Street. CARLSBAD MUNICIPAL WATER DISTRICT CONDITIONS: 40. The Developer shall be responsible for all fees, deposits and charges which will be collected before and/or after the time of issuance of the building permit. The San Diego County Water Authority capacity charge will be collected at issuance of application for meter installation. 41. Sequentially, the Developer's Engineer shall do the following: (a) Meet with the City Fire Marshall and establish the fire protection requirements. Also, obtain G.P.M demand for domestic and irrigational needs from appropriate parties. (b) Prepare a colored reclaimed water use area map and submit to the Planning Department for processing and approval. (c) Prior to the preparation of sewer, water and reclaimed water improvement plans, a meeting must be scheduled with the District Engineer for review, comment and approval of the preliminary system layouts and usages (i.e., GPM - EDU). 42. This project is approved upon the expressed condition that building permits will not be issued for development of the subject property unless the water district serving the development determines that adequate water service and sewer facilities are available at the time of application for such water service and sewer permits and will continue to be available until time of occupancy. 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DRB Resolution NO.^ Page 12 .... .... 43. The Water District anticipates the installation of a minimum 6" fire service to sprinkle the building and possible installation of a new water service to meet minimum requirements. All new connections shall be made off of Roosevelt Street. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Review Board of the City of Carlsbad, California, held on the 1st day of March, 1995 by the following vote to wit: AYES: Noble, Welshons, Vessey, Marquez NOES: None ABSENT: Savary ABSTAIN: None BAILEY NO E, CHAIRPERSON DESIGN &W BOARD EVAN E. BECKER, HOUSING AND REDEVELOPMENT DIRECTOR