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HomeMy WebLinkAboutCD 2020-0023; FRESCO RESTAURANT; Admin Decision LetterJanuary 6, 2021 Elmerinda Dinitto 264 Carlsbad Village Dr. Carlsbad, CA 92008 SUBJECT: CD 2020-0023 (DEV2017-0020)-FRESCO RESTAURANT Ccityof Carlsbad r·7 uFILE COPY fY/a;/eJ 1/11./zt The City Planner has completed a review of your application for Consistency Determination, CD 2020- 0023, which is a modification to Review Permit RP 2018-0013 and Coastal Development Permit CDP 2018- 0050, originally allowing for a second-story addition to an existing restaurant (264 Fresco) consisting of a 1,620-square-foot outdoor dining area and a 467-square-foot enclosure for restrooms, storage and food preparation. The subject property is located at 264 Carlsbad Village Drive (APN: 203-232-16-00). Consistency Determination CD 2020-0001 was later approved on February 26, 2020 allowing for the modification of the roof, guardrail, equipment screening, trellis height, enclosure of the secondary exit stairs, and the relocation of the ADA lift. After careful consideration of the request, the City Planner has determined that the request meets all of the findings below and APPROVES this request. The proposed modifications include: • An increase in total height for the trellis located above the service bar from 23' -10" to 25' -8" above finish grade (45-foot maximum height); and • A modification of the trellis louvers from fixed to adjustable to comply with county health requirements. In order for a Discretionary Permit Consistency Determination to be approved, all of the following findings must be made: 1) No project condition, feature, facility or amenity is changed or deleted that had been considered essential to the project's design, quality, safety or function in that the overall project does not significantly change and the proposed land use and project layout remain unchanged. 2) The request represents an upgrade in overall design features and or materials and improves upon the project's compatibility with the surrounding neighborhood in that the increase in height of the trellis and its change to adjustable louvers maintains a high level of design and compatibility with the surrounding neighborhood. 3) The proposed revision does not change the density or boundary of the subject property in that the property will continue to operate as a restaurant and the property lines will not change. 4) The proposed revision does not involve the addition of a new land use not shown on the original permit in that a new use is not proposed and the property will continue to be used as a CommunffY!!Yelmfopment Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov CD 2020-0023 (DEV2017-0020)-FRESCO RESTAURANT January 6, 2021 Pa e 2 5) The proposed revision does not rearrange the major land uses within the development in that no land use changes are proposed on the property. 6} _The proposed revision does not create changes of greater than ten percent provided that compliance will be maintained with the applicable development standards of the Carlsbad Municipal Code in that the proposed increase in height for the trellis above the service bar totals 1' -10", which is below ten percent of the previously approved total structure height and well below the 45-foot maximum allowed height for structures within the Hospitality District of the Village and Barrio Master Plan. 7) The proposed change will not result in any significant environmental impact, and/or require additional mitigation. 8) The proposed change would not result in any health, safety or welfare impacts in that the proposed project is not substantially different than what was previously approved. 9} There were not any major issues or controversies associated with the original project which would be exacerbated with the proposed change. 10) The proposed change would not be readily discernable to the decision makers as being substantially different from the project as originally approved in that the proposed project is not substantially different than what was previously approved. The proposed increase in height does not exceed 10 percent of the previously approved height for the project. Therefore, the City Planner has determined that the application qualifies for a consistency determination with the approved permit and approves the changes to the project based on Planning Division Administrative Policy No. 35. CD 2020-0023 (DEV2017-0020)-FRESCO RESTAURANT January 6, 2021 Pa e 3 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 $876. 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 your project planner, Esteban Danna at 760-602-4629. CITY OF CARLSBAD DON NEU, AICP City Planner DN:ED:cf c: Jennifer Horodyski, Project Engineer HPRM/File Copy Data Entry