HomeMy WebLinkAboutPRE 2026-0042; COUNTRY MARKETPLACE; Admin Decision LetterJuly 27, 2026
Matthew J. Friedrichs, Esq. for
Country Marketplace CV, LLC
591 Camino De La Reina, Suite 909
San Diego, Ca 92108
{city of
Carlsbad
VIA MAIL AND EMAIL
SUBJECT: DETERMINATION OF THE CITY PLANNER THAT A FULL-SERVICE MARKET STORE THAT
INCLUDES THE SALE OF ALCOHOL IS A PERMITTED USE IN THE GENERAL COMMERCIAL ZONE
(C-2) (PRE2026-0042)
Dear Mr. Friedrichs, Esq.:
The Community Development (CD) Department is in receipt of your application for a City Planner
Determination dated June 23, 2026, included as Attachment 1, requesting a written determination
regarding zoning consistency of a proposed full-service "high-end"1 market which includes the sale of
alcohol (spirits, wine and beer), for a property at 4625 Garden Hill Loop Suites Bl & B2.
The proposed full-service "high-end" market includes the retail sales of various groceries including
baked goods, dry goods, produce, fruits, meats, fish, vegetables, personal care products, dairy
products, beverages (alcoholic and non-alcoholic), tobacco products, snacks, and other items. It
will also sell prepared foods, including the following:
Cold Prepared Foods: Salads, Grab-and-Go Bowls, Sandwiches & wraps, fresh fruit &
Snacks, Sushi Bar and beverages.
Hot Prepared Foods: Rotisserie & roasted potatoes, entrees, soups, hot sides, bakery &
desserts.
Additionally, the applicant is concurrently processing a Type 21 alcohol application with the State
Alcoholic Beverage Control (ABC) Dept. for the off-sale of general alcohol including spirits, beer and wine.
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 permitted use. If the evidence
does not exist, there is no other option but 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 (CMC). Please find responses and a conclusion to
the "Application for City Planner Determination" letter below.
1 "high-end" term is used in the determination request. This term is not defined in the CMC and
as it has no bearing on the facts used in this determination. Therefore, no position is taken on the term or
the project in relation to the term.
Community Development Department
Planning Division 11635 Faraday Avenue I Carlsbad, CA 92008-73141442-339-2600
PRE2026-0042 -COUNTRY MARKETPLACE
July 27, 2026
Page 2
BACKGROUND
The site and requested use are subject to the following regulations:
General Plan
The property has a General Plan Land Use Designation of General Commercial (GC), which is
intended to provide general commercial uses that may be neighborhood serving and/or serve a
broader area of the community than local shopping centers. Sites with this designation may be
developed with a stand-alone general commercial use or two or more general commercial uses,
or with mixed use (general commercial uses and residential dwellings).
In accordance with Table 2-4 (Characteristics of Commercial Land Uses), anchor and secondary
tenants located in the General Commercial (GC) land use designation may include but not limited
to retail goods and commercial services. The proposed full-service "high-end" market does
provide a commercial/retail goods service, therefore is consistent with the General Plan Land Use
Designation.
Carlsbad Municipal Code
The property is zoned C-2, General Commercial. The proposed full-service "high-end" market may
align with the following permitted uses in the C-2 Zone (CMC § 21.28.010 -Table A):
Permitted uses:
C-1, Neighborhood Commercial Zone permitted uses below:
a. Bakeries
b. Dry goods store
c. Grocery or fruit stores
d. Meat markets
e. Cates
Delicatessen
Retail, wholesale or service businesses catering directly to the consumer.
Permitted uses with a Conditional Use Permit:
Liquor Store
Marja Acres Development Project
The proposed full-service "high-end" market will be located in a portion of a retail building within
the specialty commercial parcel of the Marja Acres development project previously approved by
City Council on September 16, 2020 (Resolution No. 2020-215). The Marja Acres project does have
a condition of approval (Finding No. 2) that states, "the project's specialty commercial uses will
be compatible, and will not compete, with the planned future shopping center and community
facility development on the commercial pad within the Robertson Ranch master Plan since each
project will cater to different market niches and resident needs." Currently, the Robertson's Ranch
commercial pad is vacant and there are no approved plans for the use of that site. However, the
proposed full-service market will provide as a specialty "high-end" market, therefore satisfying a
niche market need that can be compatible with the future development of the Robertson's Ranch
Local Shopping Center.
Community Development Department
Planning Division 11635 Faraday Avenue I Carlsbad, CA 92008-73141442-339-2600
PRE2026-0042 -COUNTRY MARKETPLACE
July 27, 2026
Page 3
ANALYSIS
The City Planner has considered several provisions to respond to whether the proposed use requires
discretionary action through a Conditional Use Permit. Within the C-2 zone, the following uses that the
full-service market may potentially align with and would enable the provisions of off-sale alcohol include
the following:
Delicatessen
Grocery Stores
Liquor Stores (Conditional Use Permit Required)
Delicatessen
Delicatessen must meet the definition of a Bona fide public eating establishment to sell alcohol. Pursuant
to CMC §21.106 it means 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."
As shown in the proposed layout plan (Attachment A), there are stoves and ovens proposed, which are
not allowed under the above delicatessen definition. Additionally, the proposed use does not include an
eating area typically found in a bona fide public eating establishment, therefore this use does not meet
the definition of a delicatessen.
Additionally, while staff can support preparation of cold and hot foods onsite as accessory to a grocery
store, the proposal is not a delicatessen, and it is the conclusion of that determination that a grocery store
cannot meet the definition of a bona fide public eating establishment since it would require an on-site
consumption license in the approved commercial retail building. The Marja Acres development site does
include a separate restaurant building on the commercial parcel in which on-site consumption would only
be supported within that building.
Grocery Store
The state's ABC Dept. does allow and has previously approved Type 21 liquor {beer, wine and spirits)
licenses for specialty grocery stores/markets in the City of Carlsbad such as Barons Market located at 2800
Roosevelt St., Sprouts Market and Trader Joe's Market located in Bressi Ranch and the Ralphs located in
the La Costa Townsquare.
There is no definition in Title 21 for grocery store/market, however Title 6 defines grocery store as having
the same definition as in 14 California Code of Regulations {CCR) Section 18982{a)(30). This CCR Section
states, "Grocery store" means a store primarily engaged in the retail sale of canned food; dry goods; fresh
fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the
store where the food is prepared and served, including a bakery, deli, and meat and seafood
departments." The CCR definition acknowledges that a "grocery store" may contain more than one use or
sell or display a combination of goods and physical products.
Based on the proposed floor plan and project description (Attachment A), the proposed full-service
market does appear to align with the CCR definition of a "grocery store." The store is primarily engaged
in retail sales of market foods, drinks, and cold and hot foods/beverages (approx. 802'-9" or 77.6% of
Community Development Department
Planning Division 11635 Faraday Avenue I Carlsbad, CA 92008-73141442-339-2600
PRE2026-0042 -COUNTRY MARKETPLACE
July 27, 2026
Page 4
linear shelving display area). The market also dedicates a small portion of its shelving display areas for
alcoholic beverages (beer, wine and spirits) (approx. 232'-6" or 22.4% of linear shelving display area).
Note, a "grocery store" can also be classified as a "liquor store" if its advertisements and/or the business
name is primarily related to the ancillary (alcohol) portion of the business. Currently the proposed
"Country Marketplace" business name does not classify as a "liquor store;" however, if it is determined
that the grocery store's advertisements are primarily for the sale of alcohol, then the grocery store
classification may be determined invalid.
Liquor Store
"Liquor store" means any store designed and operated for the selling of alcoholic beverages with the
selling or any other merchandise being incidental to the primary operation of selling liquor. As discussed
above, a "liquor store" classification can also be determined if the business' advertisements or name is
factored to be primarily of alcohol.
As discussed above, the proposed display areas used for alcoholic beverages is approx. 232'-6" or 22.4%
of the total linear display shelving area proposed, and the remaining and majority of the display areas
includes non-liquor grocery market retail goods including canned foods, non-alcoholic beverages, fresh
produce, bakery goods and other goods typically found in a grocery store. Therefore, based on the plans
and materials submitted the proposed full -service ma rket does not meet the definition of a "liquor store."
As of the writing of this letter, the city has issued business licenses using the NAICS Code for "Beer, Wine
and Liquor Stores", to the below listed businesses:
Beverages and More
Costa Azul Winery
Liquor Holding Company
Pure Project
Big Pig Liquor
Fiesta Liquor
Texas Wine and Spirits
The uses listed above satisfy the definition of "liquor store" since a larger percentage of the business space
is dedicated to alcohol and all other merchandise is considered incidental to the sale of alcohol. The liquor
stores listed above also primarily advertise the liquor components in their business name and in their
advertisements. It is important to note that existing grocery stores do not use the "liquor store" NAICS
code nor do they include it in the businesses' name. Most grocery stores have incidental display or sales
of alcohol to complement the sale or display of other goods and physical products, but it is done in a
limited scale to ensure that the incidental use does not undermine the mix of primary uses that zoning is
intended to accommodate.
CONCLUSION
The intent of the city's Zoning Ordinance is to establish use standards and definitions to regulate land use
activities on a lot, and to mitigate any potential impacts within a lot and on surrounding property(ies).
The Zoning Ordinance also allows accessory use or incidental display or sales to complement a primary
use by limiting its scale in proportion to the primary use to mitigate any potential impacts within a lot and
on surrounding property because of those activities.
In review of the evidence submitted, the city's existing regulatory documents and approved Marja Acres
development project as discussed above, it is determined that the proposed full service "high-end"
Community Development Department
Planning Division 11635 Faraday Avenue I Carlsbad, CA 92008-73141442-339-2600
PRE2026-0042 -COUNTRY MARKETPLACE
July 27, 2026
Page 5
market, under the proposed site plan and business operation plan, can be permitted under the provisions
of the C-2 zone as a neighborhood serving "grocery store" use. No Conditional Use Permit is required for
this permitted use. Changes to the material facts of the store could result in a reconsideration of this
determination and require a discretionary permit.
The following are required for the use to be considered a "grocery store" and therefore ensuring the City
Planner Determination remains valid:
1. The percentage of lineal shelving space for alcoholic beverages shall not increase to 30% or
greater
2. Adequate interior and exterior lighting, specifically in the exterior entryway shall be provided
3. The business' name and/or advertisements shall not be primarily of alcohol (the ancillary portion
of the business)
4. There shall be no on-site consumption use (e.g. similar to a bakery or deli restaurant)
5. There shall be no consumption of alcohol inside or outside of the business area
6. There shall be no sales of the following liquor store alcoholic products :
a. Mini alcoholic bottles ("airplane bottles")
b. Malt liquor over 8% ABV
Additionally, be aware that the City of Carlsbad Police Department can separately request and enforce
the following as conditions for the ABC permit:
1. Clear visibility from the register to alcohol displays shall be maintained
2. No loitering in or around the premises
3. Functioning CCTV system covering entrances, exits, registers, and alcohol displays.
a. Must maintain line of sight from cameras to entryway to clearly show customers entering
and existing location.
b. Minimum 30-day video retention
c. Footage made available to law enforcement upon request
Prior to the issuance of any building permits for the project, final construction plans must be obtained and
have secured approval by the City Planner. The granting of this determination does not in any way indicate
full compliance with applicable provisions of the Carlsbad Municipal Code, California building and fire
codes, or related ABC requirements. Any corrections and/or modifications to plans made subsequent to
this determination by the Building Division, Fire Department, ABC, or other plan examiner that affects any
part of the design of the project subject to the City Planner's Determination, shall require a referral to the
City Planner for additional review and sign-off prior to the issuance of any permit in connection with those
plans.
If you have any questions regarding this matter, please feel free to contact me at (442) 339-2712 or by
email at eric.lardy@carlsbadca.gov.
Sincerely,
ERIC LARDY
Community Development Assistant Director for the City Planner
Community Development Department
Planning Division 11635 Faraday Avenue I Carlsbad, CA 92008-73141442-339-2600
PRE2026-0042 -COUNTRY MARKETPLACE
July 27, 2026
Page 6
Attachments:
A -Application for a City Planner Determination dated June 23, 2026
cc: Shelley Glennon, Associate Planner
Laserfiche/File Copy
Data Entry
Community Development Department
Planning Division 11635 Faraday Avenue I Carlsbad, CA 92008-73141 442-339-2600
Winship & Friedrichs,
A Professional Corporation
591 Camino De La Reina, Suite 909 San Diego, CA 92108 (619)297-0066 (telephone)
(619) 297-6898 (fax)
June 23, 2026
City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008
Re: Request for City Planner Determination Country Marketplace CV, LLC dba Country Marketplace Premises address: 4625 Garden Hill Loop Suites B1& B2, Carlsbad, CA 92008 Pending Lic No. 21-612619
Dear City of Carlsbad,
Our offices have been retained to assist the above applicant in the course of its pending Type 21 application for its new market located at 4625 Garden Hill Loop Suites B1& B2,
Carlsbad, CA 92008. Marketplace will be located in the C-2, General Neighborhood
Commercial zone. In the C-2 zone the following are permitted uses:
- Any use permitted in the C-1 zone- Retail, wholesale or service businesses catering directly to the consumer
In the C-1 zone the following are permitted uses: -Bakeries- Dry goods or notion stores-Grocery or fruit stores
-Meat markets
- Restaurants (excluding drive-thru restaurants), tea rooms or cafes (excluding dancing orentertainment and on-sale liquor)
As you can see in the attached floorplan, Country Marketplace will be a full-service market that
includes the retail sales of various groceries including but not limited to baked goods, dry goods,
produce, fruits, meats, fish, vegetables, prepared foods (see attached), personal care products, dairy products, beverages (alcohol and non-alcoholic), snacks, and more. There will be NO on-sale consumption of alcohol and this will not be a liquor store1. As you can also see in the attached floor plan only 22.4% of shelving will be dedicated to alcoholic beverages. Alcohol will
actually be incidental to this high-end market that will be a great addition for the surrounding
community.
1 Pursuant to Carlsbad Municipal Code § 21.04.203, "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.
Moreover, pursuant to Country Marketplace’s lease they are required to be a “First class
specialty market selling specialty foods (hot and cold), liquor, beer, wine, tobacco and sundries;
provided, however, Tenant may, as an ancillary use, conduct wine tastings from time to time and further that the sale of beer, wine and liquor must remain ancillary to a primary use as a grocery/market.” However, Country Marketplace will not be conducting wine tastings as the request for a Type 86 instructional tasting license has been withdrawn, as Country Marketplace
would not meet the requirements.
It is clear from their floor plan, lease, and business plan that they will primarily be a full-service, high-end market serving the needs of the many residents surrounding their business and travelling along El Camino Real. As a result, we respectfully request that the City Planner make
a determination confirming Country Market including off-sale alcohol sales is a permitted use
under the C-2 zone without the need of a conditional Use Permit.
Should you require any additional information or would like to schedule a meeting to discuss, please do not hesitate to contact our offices.
Yours Truly,
Matthew J. Friedrichs, Esq.
For Country Marketplace CV, LLC
edingerArchitects 444 S. Cedros Ave, #235 Solana Beach, CA 92075
phone: (858)704-4004
DISPLAY GALGIJLA TIONS
ITEM NO. DISPL.AY TYPE L.ENGTH
G-1 GONDOL.A SHEL.F 3.5'
G-2 GONDOL.A SHEL.F f;'
G-3 GONDOL.A SHEL.F f;'
G-4 GONDOL.A SHEL.F e,·
G-5 GONDOL.A SHEL.F f;'
G-6 GONDOL.A SHEL.F 3.5'
G-1 GONDOL.A SHEL.F 3.5'
G-B GONDOL.A SHEL.F f;'
G-<f GONDOL.A SHEL.F f;'
G-10 GONDOL.A SHEL.F f;'
G-11 GONDOL.A SHEL.F f;'
G-12 GONDOL.A SHEL.F 3.5'
G-13 GONDOL.A SHEL.F 3.5'
G-14 GONDOL.A SHEL.F f;'
G-23 F<EAGH IN F<EFF<IGEF<A TOI'< 14'
G-24 F<EAGH IN FF<EEZEF< f;'
G-25 PF<ODUGE / NON F<EFF<IGEF<A TED 4'
G-26 OPEN F<EFF<IGEF<A TED PRODUGE f;'
G-21 PF<ODUGE / NON F<EFF<IGEF<A TED 6.5'
G-2B PF<ODUGE / NON F<EFF<IGEF<A TED 6'
G-2"1 PF<ODUGE / NON F<EFF<IGEF<A TED 6'
G-30 POINT OF PUF<GHA5E DISPL.AY 2'
G-31 POINT OF PUF<GHA5E DISPL.AY 2'
G-33 BASE GABINET 1.5'
G-34 DEL.I GASE -C.01..D 6'
G-35 DEL.I GASE -HOT 6'
TOTAL. L.INEAF< Dl5PL.AY
PEF<GENT OF SHEL. YING DEDIC.A TED TO
AL.GOHOL.IC, BEVEF<AGE5
PLAN LEGEND
SHEL.F
QUANTITY
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
1
5
1
2
2
4
4
1
2
2
HIGHLIGHTED SHELVES INDICATE LOCATION OF ALCOHOL PRODUCT DISPLAY AREA
SHELF NUMBER, REFER TO CALCULATION SCHEDULE FOR LENGTH, NUMBER OF SHELVES HIGH AND OVERALL LINEAL FOOTAGE
TOTAL. L.INEAL. PRODUGT
FOOTAGE
11.5'
40'
40'
40'
40'
11.5'
11.5'
40'
40'
40'
40'
11.5'
11.5'
40'
10'
40'
4'
40'
6.5'
12'
12'
f;'
f;'
1.5'
12'
12'
1034'-6"
22.4%
SNAGKS
BREAD
DF<YGOODS
DF<Y GOODS
DF<Y GOODS
TOF<TIL.L.A5 I SIDES
SNAGKS
GANDY
SNAGKS / GHIP5
DF<Y GOODS
HOUSE HOL.D / PETS
SNAGKS
SNAGKS
SNAGKS / GHIP5
DAIF<Y
FROZEN PIZZA, IGE GREAM, VEGETABL.E
FAF<M STYL.E FF<UIT BINS
VEGET ABL.E5
FAF<M STYL.E FF<UIT BINS
FAF<M STYL.E FF<UIT BINS
FAF<M STYL.E FF<UIT BINS
SUNGL.A55ES, L.OGAL. 50UVENIF<5
SUNGL.A55ES, L.OGAL. 50UVENIF<5
STOF<AGE
DEL.I GOOKED MEAL.S -C.01..D
DEL.I GOOKED MEAL.S -HOT
□--I I I I I I I I I I I I I I I I I I I I I I □--
□--1 I I I I I I I I I I I I I I I I I I I I I □--
MARJA ACRES - COUNTRY MARKETPLACE CARLSBAD, CA.
0
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HAND VEGI SINK
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DRY STORAGE
Ill I
' DISffvv�HING
-�"... -�\ \ \ \ 'I
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TRASH OFFICE
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GRIDDLE COOKLINE
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WALK-IN REFRIG
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!��5-DOOR REACH IN S
6 HOT PRE-OOKED SE VICE
48"
REFRIG. 'f in GD
U) U) 0 0 0 0 0 0 .. (9 (9 ' � � ..
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F9 � EACH IN REEZER 1
NON-REFRI PRODUCE
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6-24 1REACH IN\FREEZER \ > .., I I
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0
END CAP
APPLE BASKET FRUIT DISPLAY
fF�---____ ....,.BASKET
GONDOLA SHELVING
U) "-� :r: u z -6 :,,'. �
U)
END CAP �
</ "'POINT OF PURCHASE DISPLAY
U) "-:r: u -
:,,'. � U)
'· --,, 8-DOOR REACHIN REFRIG.
'\LOCKERS :, BELOW
.....,,2
, POS I I I
POS
��-==>·' NON-REFRIG, PRODUCE lf-------l 11 ICE I �STORAGE "... ..,--, \ ilCE I
\I CREAM 'l_ __ _J ·1.. ____ _J
0 2 4 8
PROPOSED FLOOR PLAN
A-2JUNE 17, 2026
eA25015
I !I li i i 11
I ' 1111 WORKTOP
I 111 I:: / REFRIG ,,
111 : I ') ,, ~: -...
q1 .:, I ,/
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6-33
COLD PREPARED FOODS
Signature Salads
Protein Salads
Grab-and-Go Bowls
Sandwiches & Wraps
Fresh Fruit & Snacks
Sushi Bar
BEVERAGES
COUNTRY
MARKETPLACE
HOT PREPARED FOODS
Rotisserie & Roasted Proteins
Entrées
Soups (Daily Rotation)
Hot Sides
Bakery & Desserts
Chocolate Chip Cookies Brownies
Lemon Bars Carrot Cake
Seasonal Fruit Tart Cheesecake Slices
Vegan Chocolate Cake Gluten-Free Almond Cookies
COUNTRY
MARKETPLACE