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HomeMy WebLinkAboutSDP 2021-0017; VILLAGE KABOB; Admin Decision LetterDecember 20, 2021 Bruce Duggan MA Design & Drafting Services 14168 Poway Road #104 Poway, CA 92064 Ccityof Carlsbad B FILE COPY fY/11;\~J 12(21(21 SUBJECT: SOP 2021-0017 (DEV2021-0139)-VILLAGE KABOB-Request for approval of a Minor Site Development Plan (SOP 2021-0017) for the conversion of a coffee shop/deli to a restaurant. The subject property is located at 550 Grand Avenue, in the Village Center District of the Village and Barrio Master Plan and Local Facilities Management Zone 1. Dear Mr. Duggan, The City Planner has completed a review of your application for a Minor Site Development Plan SDP 2021- 0017 located at 550 Grand Avenue. A notice was sent to property owners within a 300 foot radius of the subject property requesting comments regarding the above request. No comments were received within the 10-day notice period (ending on September 8, 2021). After careful consideration of the circumstances surrounding this request, the City Planner has made a decision pursuant to Section 21.06.070 of the City of Carlsbad Municipal Code to APPROVE this request based on the following findings and subject to the conditions listed below. Findings: Minor Site Development Permit 1. That the proposed development or use is consistent with the general plan and any applicable master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the Carlsbad Municipal Code, and all other applicable provisions of this code; in that the project consists of a conversion of use of a coffee shop/deli to a restaurant. The proposed restaurant use will occupy the existing tenant space and will not require any new additions to the building. The proposed use is consistent with the provisions, and development standards of the general plan and the Village and Barrio Master Plan's Village Center District. 2. That the requested development or use is properly related to the site, surroundings and environmental settings, will not be detrimental to existing development or uses or to development or uses specifically permitted in the area in which the proposed development or use is to be located, and will not adversely impact the site, surroundings or traffic circulation; in that the proposed restaurant is consistent with the surroundings uses and buildings. The proposed use will not be detrimental to the existing site or facilities and is a permitted use in the Village Center District. The conversion of use (coffee shop/deli to restaurant) is an intensification of onsite parking requiring three parking spaces more than what the property currently has. As a result, three (3) parking-in-lieu fees will be purchased to meet the requirement of onsite parking. Lastly, the project will not adversely impact the traffic circulation. Community Development Department Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov SDP 2021-0017 (DEV2021-0139)-VILLAGE KABOB December 20, 2021 Page 2 3. That the site for the intended development or use is adequate in size and shape to accommodate the use; in that the project will occupy existing tenant space and does not require new additions or expansion. The project complies with all development standards of the Village Center district and building code. 4. That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested development or use to existing or permitted future development or use in the neighborhood will be provided and maintained; in that the proposed project is a conversion of use that will occupy existing tenant space within an existing building. The project will not alter site's yards, setbacks, walls or fences that is already in compliance with the Village Center district. 5. That the street system serving the proposed development or use is adequate to properly handle all traffic generated by the proposed use; in that the surrounding streets have adequate capacity to accommodate the insignificant increase of average daily trips that may be generated by a restaurant use. Parking 6. The Developer/Property owner qualifies to participate in the Parking In-Lieu Fee Program and participation in the program will satisfy the parking requirements for the project .. Justification for participation in the Parking In-Lieu Fee Program is contained in the following requirements and findings: a. That the Parking In-Lieu Fee Program shall be applicable only to non-residential uses in specific areas east of the railroad corridor, in that the use is non-residential and the property is located east of the railroad tracks and within the area eligible for the parking in-lieu fee program as depicted on Figure 2-3 of the VBMP and within the Village Center (VC} District. b. Only non-residential uses in the VC District (east of the railroad tracks only) and in the VG, FC and PT districts are eligible to participate in Parking In-Lieu Fee Program, in that the proposed uses are non-residential and are located east of the railroad tracks in the VC District. c. The average occupancy of off-street public parking spaces within a quarter mile radius of the property boundaries of use requesting to pay the In-Lieu Fee shall be under 85 percent based on the most recent city-authorized parking study or other information determined acceptable by the city planner, in that based on the most recent data available (August of 2021), which includes the results of the parking study completed (weekday and weekend), the maximum average occupancy of the lots located within a quarter mile radius was 70 percent. d. The In-Lieu payment shall always be made for a whole parking space, in that the applicant proposes to purchase three (3) parking in-lieu fees. e. Fee payment shall not result in a reserved parking space or spaces, in that no spaces are proposed to be reserved. f. That the use complies with the program's participation restrictions, ih that it complies with the above-noted participation requirements. SDP 2021-0017 (DEV2021-0139) -VILLAGE KABOB December 20, 2021 Page 3 g. That adequate off-street public parking is available to accommodate the project's parking demand, based on the city's most recent city-authorized parking study or other information, in that the public parking lots supplies over 301 parking spaces within a quarter of a mile of the property. Based on the most recent data available, which includes the results of the parking study completed in August of 2021 (weekday and weekend), the maximum average occupancy of the lots located within a quarter mile radius was less than 70 percent (weekday average, 6 AM -9PM). This maximum average occupancy allows for the continued implementation of the parking in-lieu fee program because it is less than the average 85% threshold for maximum utilization set by the City Council. Therefore, adequate parking is available within the Village to accommodate the project's parking demands. h. That the In-Lieu Fee Program has not been suspended or terminated by the City Council, in that the In-Lieu Fee Program remains in effect. General 7. 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, a. 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. b. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 8. The pmject has been conditioned 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 a Local Facilities Management Plan prepared 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. 9. The project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 1. 10. 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 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 li"sted in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 11. That the request for a Minor Site Development Plan was adequately noticed at least ten (10) calendar days before the date of this decision pursuant to Section 21.54.060 of the Carlsbad Municipal Code. SDP 2021-0017 (DEV2021-0139)-VILLAGE KABOB December 20, 2021 Page 4 12. The City Planner has reviewed each of the exactions imposed on the Developer contained in this approval letter, 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 issuance of the building permit. 1. Approval is granted for SDP 2021-0017 as shown on Exhibits "A" -"C" dated December 20, 2021 on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 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 Minor Site Development Plan. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Site Development Plan 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. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 5. 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. 6. 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 Site Development Plan, (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. SDP 2021-0017 (DEV2021-0139) -VILLAGE KABOB December 20, 2021 Page 5 7. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the (Site Plan or other), conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final decision making body. The copy shall be submitted to the City Planner, reviewed and, if found acceptable, signed by the city's project planner and Project Engineer. If no changes were required by these conditions, the approved exhibits shall fulfill this condition. 8. 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. 9. 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. 10. Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy #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 build.ing permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 11. 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 City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Minor Site Development Plan 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. 12. Prior to issuance of a Certificate of Occupancy, the Developer shall enter into a Parking In-Lieu Fee Participation Agreement and pay the established Parking In-Lieu Fee for three (3) parking spaces. The fee shall be the total of the fee per parking space in effect at the time of the building permit issuance multiplied by the number of parking spaces needed to satisfy the project's parking requirement (3 spaces total). 13. 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. Engineering: 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. SDP 2021-0017 (DEV2021-0139)-VILLAGE KABOB December 20, 2021 Page 6 16. The developer shall complete processing of a lot line adjustment between lot 13, lot 14, lot 15, and lot 16. Dedications/Improvements 17. Prior to any work 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. Code Reminders: 18. 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. 19. 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 tentative map are for planning purposes only. 20. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 17.04.060. 21. Any signs proposed for this development shall at a minimum be designed in conformance with the Village and Barrio Master Plan and shall require review and approval of the City Planner prior to installation of such signs. SDP 2021-0017 (DEV2021-0139) -VILLAGE KABOB December 20, 2021 Page 7 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 $876.00. 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 Paul Dan at (760) 602-4614. Sincerely, CLIFF JONES Principal Planner CJ:PD:cf c: Jennifer Horodyski, Project Engineer Don Neu, City Planner Laserfiche/File Copy Data Entry