HomeMy WebLinkAboutPRE 2026-0029; CITY PLANNER DETERMINATION FOR BEER - BEER & BOOTS; Admin Decision LetterJune 3, 2026
Stephen Jamieson
Solomon Saltsman & Jamieson
426 Culver Boulevard
Playa Del Rey, CA 90293
{city of
Carlsbad
VIA MAIL AND EMAIL
SUBJECT: DETERMINATION OF THE CITY PLANNER THAT ANCILLARY SINGLE-BEER SERVICE TO A RETAIL
STORE IS A PERMITTED USE IN THE GENERAL COMMERCIAL ZONE {C-2)
Dear Mr. Jamieson:
The Community Development (CD) Department is in receipt of your application for a City Planner
Determination dated April 16, 2026, included as Attachment 1, requesting a written determination
regarding zoning consistency of a proposed "Retail Store with Limited Beer Service" with zoning
regulations for a property at 1911 Calle Barcelona, Suite 157, Carlsbad, CA 92008. The intent of the City
Planning determination process is to outline ambiguities and uses where there is clear evidence that a
proposed use is similar enough to be consistent with a proposed use. If the evidence does not exist, there
is no option to deny the request. This determination takes no position if this is an appropriate use; as that
would need to be determined as a policy decision by the legislative body through amendments to the
Carlsbad Municipal Code. Please find responses and a conclusion to the "Application for City Planner
Determination" letter below:
Background
The site and requested use are subject to the following regulations:
General Plan
The property is designated as R, General Commercial, intended to include shopping centers with
anchor and secondary tenants that are region-serving, as well as mixed-use. In accordance with
Table 2-4, Characteristics of Commercial Land Uses, anchor tenants shall include "Full-line
department stores (2 or more), factory outlet center, "power center" of several high-volume retail
uses, including general merchandise, automobile sales, apparel, furniture, home furnishings,
etc.", while secondary tenants shall consist of "Full range of specialty retail, restaurants,
entertainment, convenience stores, service facilities, business and professional offices." There are
no specific descriptions, goals or policies in the General Plan that speak to the questions raised in
this determination.
Carlsbad Municipal Code
The property is designated as P-C, Planned Community. The intent and purpose of the P-C zone,
as stated in §21.38.010, is to support the "implementation of the general plan and any applicable
specific plans," including the Green Valley Master Plan, which governs the subject site.
Green Valley Master Plan, Planning Area 2
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While the General Plan and Zoning Ordinance establish overarching regulations, a Specific Plan or
Master Plan may impose more restrictive standards on the uses permitted within a particular land
use or zoning designation. The Green Valley Master Plan (MP 92-01) implements the General
Commercial (C-2) zone for uses, with Conditional Uses subject to Section 21.42 of the Carlsbad
Municipal Code. In accordance with the C-2 zone, the following uses are permitted:
• Bars or cocktail lounges: Meaning any establishment serving an alcoholic beverage, not
meeting the requirements of a bona fide public eating establishment, are permitted
through a Conditional Use Permit (CUP) approved by City Council, subject to specific
requirements CMC § 21.42.140(8)(20).
• Retail, wholesale or service businesses catering directly to the consumer: Retail sales
directly to the customer are a permitted use.
• Liquor Store: Means any store designed and operated for the selling of alcoholic
beverages with the selling of any other merchandise being incidental to the primary
operation of selling liquor
• Delicatessen (must meet the definition of 'Bona fide public eating establishment' to sell
alcohol)*: Meaning a type of restaurant, totaling less than one thousand six hundred
square feet in total floor area, selling ready-to-eat food and canned or bottled beverages
to the public. Food is pre-cooked or prepared at another location and only heated or
toasted on the site. No stoves or ovens for the cooking or preparation of food nor
tableware or dishwashing facilities (other than a standard sink) are permitted. No waiters
or waitresses are employed on the premises. Delicatessens are a permitted use.
• Restaurant (must meet the definition of 'Bona fide public eating establishment' to sell
alcohol)*: Any establishment at which the primary business is the preparation, service
and retail sale of meals comprising a varied selection of foods and nonalcoholic beverages
prepared, served and consumed on the premises.
*To be classified as a bona fide public eating establishment, an establishment which engages
in the sale of beer, wine or distilled spirits for consumption on the premises shall meet the
following requirements, pursuant to CMC § 21.04.056:
1. Be designed and operated in such a way that the sale of alcoholic beverages is
'incidental to the primary restaurant operation;
2. 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;
3. 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 nonalcoholic beverages,
desserts, salads and other attendant dishes;
4. 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;
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Responses
5. No more than twenty-five percent of the interior area of the restau rant shall be
designed, arranged or devoted to a use commonly associated with a bar or other
establishment primarily engaged in the on-premises sale of alcoholic beverages. The
interior area shall include only those portions of the establishment devoted to regular
use by the public;
6. A minimum of twenty percent 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 and
dishwashing equipment, and any other equipment necessary for a fully equipped
restaurant kitchen;
7. 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 employee or employees shall be on the job during the
specified minimum hours for the restaurant service as described in subsection (2) of
this section.
Below are responses to the states provided in the "Application for City Planner Determination" letter. The
first item is introductory and includes the main basis of the determination. The remaining items are
responded to in order to provide a response to the complete set of evidence reviewed by the City Planner
in making this determination.
I. Response: "Proposed 'Retail Store With Limited Beer Service' Use Requires A City Planner
Determination Pursuant to Carlsbad Municipal Code Section 21.28.0lO(C)"
The proposal letter asserts that the ancillary sale of beer within a retail store is not a specifically described
use under Carlsbad Municipal Code § 21.28.010. It further states that the code "does not define 'retail"'
and does not provide a classification for a "retail use with limited beer service." This letter reviews those
claims, the evidence within the land use regulations pertaining to the site, and provides a determination.
There is no definition of "retail use with limited beer service", but there are multiple locations where the
provision of alcohol is reviewed. It is within these definitions that Community Development determines
how to respond to requests from Alcohol and Beverage Control, or whether a proposed use requires
discretionary action. Within the C-2 zone, the following uses are allowed that would enable the provision
of alcohol.
• Bar or Cocktail Lounge: This use requires a Conditional Use Permit (CUP) to be
approved by the City Council. CMC § 21.04.041 defines a Bar or Cocktail Lounge as
" ... any establishment serving an alcoholic beverage, not meeting the requirements of
a bona fide public eating establishment as defined in Section 21.04.056."
• Liquor Store: This use can be permitted through a Conditional Use Permit (CUP)
approved by the City Planner. The proposed use cannot be considered a liquor store
because the sale of alcohol through a license for off-site consumption is not included
in this project.
Community Development Department
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• Delicatessen and Restaurant: Both uses are allowed by-right if the business meets the
above-listed definition of a bona fide public eating establishment, which requires
food to be served with alcohol. An ABC permit would be separately required if
meeting the requirements of CMC, and could contain additional conditions from
Carlsbad Police.
The project description states that the proposed retail operation will be " ... focused on a product mix of
western apparel, footwear, bags, and accessories," and that Boots & Beer will " ... sell a single beer to a
patron, which will generally be paid for by Tecovas and, on occasion, by the customer." By this description,
it is clear that the proposed operation will not operate as a bona fide eating establishment as defined
above in CMC Section 21.04.056, because it neither serves food nor operates as a restaurant in any
capacity.
Additionally, the response indicates that the requested ABC license type is a Part 40 License. Part 40
licenses are defined by ABC as being "Issued to bars and taverns. Authorizes the sale of beer for
consumption on or off the premises where sold . No wine or distilled spirits may be on the premises. Full
meals are not required; however, sandwiches or snacks must be available."1
Based on the ABC definition and the established use in the code, the evidence provided is not adequate
to support that the sale of beer for consumption can be permitted as an accessory use to retail sales, and
it would not be reasonable to conclude that any Part 40 license could be obtained without first obtaining
a Conditional Use Permit for the "Bar or Cocktail Lounge" use. Therefore, if conclusive evidence were
provided that the sale of alcohol could be incidental to retail sales, it still could not be determined that a
Part 40 license may be permitted without a Conditional Use Permit. Additionally, it is important to note
that the provision of snacks is not mentioned in the definition of the proposed operation but is listed as
required under the Part 40 license by ABC.
Therefore, it is determined that the project description is substantially similar to a bar or cocktail lounge
due to it being an establishment serving an alcoholic beverage, which does not meet the requirements of
a bona fide public eating establishment, and that the appropriate permitting pathway for the respective
use is a CUP approved by the City Council, after recommendation by the Planning Commission.
II. "Retail Service with Limited Beer Service" Is Consistent with the Intent and Purpose of the P-C Zone
Under the Green Valley Master Plan and the C-2 Zone"
A. P-C and C-2 Zones Support Tecovas' Core Retail Use, And The Incidental Sale of Beer Does
Not Alter That Primary Use
The application letter details that the intent of the "R" Regional Commercial General Plan
Designation, P-C zone, and C-2 zone are to allow for commercial activity such as retail.
Additionally, the letter states that, "A retail store is a typical neighborhood commercial use that
1 https ://www.abc.ca .gov /Ii censi ng/1 icense-types/
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supports residents of the planned community. The incidental service of beer does not and will not
change the principal and fundamental retail nature of the business."
This assertion is consistent in depicting commercial uses as the intent of both the General Plan's
Regional Commercial designation and the P-C zone, under which the Green Valley Plan identifies
the C-2 zone as governing permitted uses. Although retail stores are permitted within the C-2
zoning, the Municipal Code § 21.28.010 does not identify or authorize a retail use that includes
beer service, absent being separately permitted as a restaurant or bar/cocktail lounge. Staff finds
that characterizing the beer service as "incidental" or "ancillary" does not change the restrictions
and policy direction that sale of alcohol can, and should, have restrictions, based on potential
impacts. While it is purported that only one beer a day would be allowed, purchased by the
separate entity and given to a customer, if this were to be considered allowed as a by-right
"accessory" to retail sales, there is no mechanism for establishing conditions or enforcing this
limitation. The consistent provisions in the CMC for Bars and Restaurants, Bona Fide Public Eating
Establishments, Liquor Stores, and Breweries contain municipal code conditions that must be
abided by, and/or that a specific discretionary action is needed to make findings under CMC §
21.42.140 {8)(20) and CMC § 21.42.030 to limit impacts. There are no policies in the master plan
that support the claim that the sales are accessory to the retail use.
B. Sale of Beer Provides an Incidental, Complementary Addition to Tecovas' Overall Product
Mix, Supporting Community Retail and Service Needs While Remaining Ancillary to the Core
Retail Use
All listed restaurants, which are located within Area 2 of the Green Valley Master Plan, Casa de
Bandini, Urban Plates, and the Henry, are all considered bona fide public eating establishments
and thus allowed to serve alcohol {aside from the Parakeet Cafe, which does not seem to serve
any alcohol). They meet the separate regulations under Carlsbad Municipal Code, which this
proposed use does not.
The section titled "Limited Floor Space" and the related site plan describe that beer products
occupy only 12 square feet of floor space. However, the gross floor area associated with alcoholic
beverage use, such as that within the previously referenced restaurants, is not limited solely to
areas where alcohol is stored. Rather, as provided in CMC Section 21.04.056{5), it also includes
areas " ... designed, arranged, or devoted to a use commonly associated with a bar or other
establishment primarily engaged in the on-premises sale of alcoholic beverages." Therefore, all
areas where service and consumption occur would likely need to be included in this calculation.
The letter also states that apparel units consist of roughly 760 SKUs, while beer is limited to 3
SKUs. It further notes that the average retail apparel transaction is approximately $525, while the
average purchase price of alcohol is $3. The project description mentioned earlier in the letter
states that Boots & Beer LLC, a separate company from Tecovas, will provide the beer for the
customer to consume, and Tecovas will pay for it on the customer's behalf. Staff does not find the
statistics described under "Minor SKU Presence" and "Minimal Impact on Transactions" to reflect
an applicable portrayal of ancillary alcohol sales or presence, as the business model presented
does not involve the direct sale of the beer to customers. Furthermore, alcohol and apparel
Community Development Department
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purchase prices and SKU quantities cannot be directly compared because the products are not
available/purchased in the same fashion. Therefore, these statistics do not hold relevance to the
determination. Staff also does not find the proposed model to be permitted under an Alcoholic
Beverage Control Type 40 license, as the customer is not engaging in the retail purchase of alcohol
from the licensee.
Business and Professions Code sections 25600 states, "No licensee shall, directly or indirectly, give any
premium, gift, free goods, or other thing of value in connection with the sale, distribution, or sale and
distribution of alcoholic beverages, and no retailer shall, directly or indirectly, receive any premium, gift,
free goods or other thing of value from a supplier of alcoholic beverages ... "2 ABC also stated in a recent
article that, "Business and Professions Code sections 25500 and 25502 prohibit all suppliers from holding
an ownership interest, directly or indirectly, in any retail license. These sections also prohibit suppliers
from furnishing, giving, or lending money to a retailer. In addition to money, they prohibit suppliers from
furnishing, giving or lending a thing of value directly or indirectly to retailers."3 It is not clear how the
proposed financial arrangement is made and how it complies with these requirements. Additionally, as
aforementioned, ABC requires a Type 40 license to have sandwiches or snacks available. Therefore, given
the proposed business model, in which alcohol is indirectly given away for free without the required snack
provisions, there is not sufficient evidence to indicate that a Type 40 license would be supported here.
However, if that is the intent of the appointed Planning Commission and then the legislative body for
allowance of ABC licenses, direction could be provided through an appeal to those entities of this
determination. There is a statement that the sale of alcohol permits an inclusive environment, with no
evidence. That is not understood or substantiated by how it applies but is not a main factor in this
determination.
Ill. "Retail Store with Limited Beer Service" is Substantially Similar to Allowed Uses
A. Proposed Use Is Substantially Similar to "Retail, wholesale or service businesses catering
directly to the consumer" and "Delicatessens"
The letter states that "ready-to-offer snacks and sandwiches" may be a proposed part of the use.
Please note that food offerings likely require review and permitting from DEHQ. The site plan and
description provided do not indicate details such as where food would be stored, what kind of
food, the quantity of food offered, when/how it would be served, etc. Therefore, without further
detail/elaboration provided, the comparison to a delicatessen cannot be made. Furthermore, a
delicatessen is required to meet the definition of a bona fide public eating establishment to serve
alcohol, which is not similar to the proposed Boots & Beer model. There is not sufficient evidence
provided to suggest that the proposed use is able to meet the bona fide public eating
establishment criteria.B. Proposed Use Is Not Substantially Similar to Bars, Cocktail Lounges,
Liquor Stores, or Breweries
Staff agrees that the proposal is not similar to a liquor store, since on-site consumption is part of
the proposal. The proposed use also cannot be defined as a brewery; however, there is some
correlation between how alcohol consumption is treated as an accessory use, as it relates to
2 https://leginfo.legislature.ca.gov/faces/codes displaySection.xhtml?lawCode=BPC§ionNum=25600
3 https ://www.abe.ca .gov /tied-house-reminder-payments-between-retailers-and-suppliers/
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
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breweries. City Council Ordinance CS-225 amended the Zoning Code in 2009 and determined that
breweries are eligible for an accessory tasting room use through a City Council CUP4. This is akin
to bars and cocktail lounges, which similarly require City Council CUPs.
Our code clearly relates the by-right sale of alcohol as an accessory to a bona fide eating
establishment and requires that all other alcohol sales, including breweries, liquor stores, and
bar/cocktail lounges, be permitted only through a Conditional Use Permit. Ultimately, this use is
most similar in definition to a bar/cocktail lounge, as it is an establishment providing alcohol and
not meeting the definition of a bona fide public eating establishment. As City Planner
Determinations are precedent setting and therefore cannot be concluded that alcohol is
accessory to a retail use.
Ill. Limited Beer Service May Also Be Considered A Permitted Accessory Use to "Retail, Wholesale
or Service Business Catering Directly to The Consumer"
Regardless of the primary function being retail or how ancillary alcohol sales may be, staff is
unable to find sufficient evidence that there is provision of food and that the use operates similar
to that of a bona fide public eating establishment, where by-right alcohol consumption is
permitted.
CONCLUSION
The City Planner has determined that the proposed "Retail Store with Limited Beer Service" is not a
permitted by-right use within the applicable General Commercial (C-2) zoning regulations and the Green
Valley Master Plan governing the subject site. While retail sales are permitted within the zone, the on-site
service and consumption of alcoholic beverages is regulated by the Carlsbad Municipal Code and is
permitted only where the use qualifies as a bona fide public eating establishment or where discretionary
approval is obtained through a Conditional Use Permit. Based on the project description provided, the
proposed operation does not meet the requirements of a bona fide public eating establishment.
Furthermore, the requested Type 40 ABC license classification is associated with establishments serving
beer for on-site consumption that do not operate as bona fide public eating establishments. Therefore,
the proposed use is most consistent with the definitions of a bar or cocktail lounge, which requires
approval of a Conditional Use Permit pursuant to CMC § 21.42.140(8)(20). Accordingly, the City Planner
determines that the proposed use cannot be permitted by right as an accessory retail use and would
require discretionary approval through the City's Conditional Use Permit process or an amendment to the
Carlsbad Municipal Code and Local Coastal Program to explicitly allow for the use.
This determination maybe appealed to the Planning Commission pursuant to CMC §21.54.140 within
ten (10) days of the date of this letter. Appeals must be submitted in writing to the Community
Development Department; attention City Planner at 1635 Faraday Avenue, Carlsbad, 92008 along with
a payment of $900. Please be advised that the filing of such appeal within such time limit does not stay
any requirements, agreements, deadlines, or enforcement that may otherwise apply to this project or
property.
4 https://records.carlsbadca.gov/Weblink/DocView.aspx?id=4836609&dbid=0&repo=CityofCarlsbad
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
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If you have any questions regarding this matter, please feel free to contact me at (442) 339-5301 or by
email at eric.lardy@carlsbadca.gov.
Sincerely,
ERIC LARDY
Community Development Assistant Director/City Planner
Attachments:
A -Application for a City Planner Determination dated June 3, 2026
cc: Mackenzie VanZyverden, Assistant Planner
Laserfiche/File Copy
Data Entry
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600