HomeMy WebLinkAboutRP 14-22; El Corral; Redevelopment Permits (RP)
The City of Carlsbad Planning Division
A REPORT TO THE PLANNING COMMISSION
Item No.
Application complete date: January 20, 2015
P.C. AGENDA OF: June 3, 2015 Project Planner: Austin Silva
Project Engineer: Jason Geldert
SUBJECT: RP 14-22 – EL CORRAL – An appeal of the City Planner’s decision to approve an
Administrative Review Permit to allow for a delicatessen on property generally located
at 3040 Carlsbad Boulevard in Land Use District 1 of the Village Review zone and within
the Village Segment of the Local Coastal Program and Local Facilities Management Zone
1. The City Planner has determined that this 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 is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15303.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 7106 DENYING the appeal
and UPHOLDING the City Planner’s decision to approve Administrative Review Permit RP 14-22 based on
the findings contained therein.
II. PROJECT DESCRIPTION AND BACKGROUND
The subject .16 acre site is located on the east side of Carlsbad Boulevard between Carlsbad Village
Drive and Oak Avenue. The project site is located in the Village Segment of the coastal zone and within
Land Use District 9 of the Village Review zone. Currently, a small commercial building is located on the
property that was most recently occupied by a pottery business. There is no vehicular access to the site
as the site is surrounded on three sides by the existing commercial and residential uses. There are no
off-street parking spaces on the site and no curb cut for vehicle access exists.
Table A below includes the General Plan designations, zoning and current land uses of the project site
and surrounding properties.
TABLE A
Location General Plan Designation Zoning Current Land Use
Site Village VR (District 1) Vacant building
North Village VR (District 1) Liquor store/Restaurant
South Residential High (RH) R-3 Multi-family residential
East Village VR (District 1) Retail/commercial service/office
West Village VR (District 9) Hotel/Restaurant
The applicant is proposing to make interior and exterior improvements to operate a delicatessen on the
site. Interior improvements include constructing an exhibition kitchen and service counter, new
restrooms, walk-in cooler and freezer, seating areas, and an elevator to the outdoor view deck. Exterior
improvements include the addition of an outdoor drink service counter, a game lawn, seating, a
landscape planter, movable fabrics shades, and a rooftop view deck with a snack bar/service counter
with outdoor seating.
2
RP 14-22 – EL CORRAL
June 3, 2015
Page 2
The prospective tenant will operate under the name of “Park 101”, which will be broken down into four
sections. The four different sections of Park 101 will operate as described below.
El Corral Deli & Dough: El Corral Deli and Dough will have an express window that can be accessed from
the sidewalk on Carlsbad Boulevard. The focus of the express window will be to provide customers with
house specialties. One of which will be hot fresh “paczki” or “poonch-kes,” which are similar to a donut.
The intent is to have these made fresh three times a day, and incorporate a red light visible from the
street that will indicate that the donuts are hot, fresh and ready. The other specialties for the window
will be made to order ice cream sandwiches with house baked cookies and a tri-tip dip sandwich. An
express breakfast will also be served through the window which will include a ready to eat tri tip
breakfast burrito, a ready to eat vegetarian burrito, fruit cups and fresh squeezed juices. The deli
portion will focus on retail sales of the packaged sandwiches and salads, pastries, craft sodas, craft beer
bottles, fresh squeezed juice and a coffee station.
Frazier Station Provisions: This section of Park 101 will serve breakfast, lunch, and dinner with a fast
casual counter service. The menu will consist of 60% ready to eat prepared barbeque assembly line
style, while 40% of the menu will be grilled to order. Customers will walk down the ordering line, with
the encased kitchen line to the right, and the customer will place an order with the register clerk at the
end of the line. All drinks, including soft drinks, water, beer or wine will be poured by a clerk, upon
ordering.
Garden Public: Garden Public is a community park inspired, multi-use area, where the focus will be
family, recreation, dining and beverage. It will include an indoor/outdoor beer and wine counter serving
craft beer and a local wines. A small menu of snacks including popcorn, pretzels, and pickles will be
available. The outdoor space will have lawn space for outdoor games such as corn-hole or shuffle board
and will be family friendly.
Tamarack Viewing Deck: The second floor view deck will be a place for customers to eat their food and
enjoy the views of the Village from the second floor.
The project history is summarized with the following events: The applicant submitted an application for
an Administrative Review Permit on December 22, 2014. After working with the applicant on three
reviews, staff felt the project could be supported and a Notice of Pending Decision to approve the
project was mailed on March 20, 2015 to property owners within 300 feet of the subject property.
Subsequently, a Notice of Final Action was mailed on March 31, 2015, indicating that the City Planner
had made a decision to approve the project and an appeal of the decision must be made within 10
calendar days of the date on the notice. The approval letter was issued to the applicant on April 7, 2015.
The Planning Division received an appeal on April 8, 2015, from Ron Presta, who owns the property to
the north, and the appeal was scheduled on a Planning Commission agenda.
III. APPEAL
As stated on page 198 of the Village Master Plan, an appeal of a decision made by the City Planner on
administrative permits may be made to the Planning Commission. All appeals must be made in writing
within ten (10) calendar days of the decision made by the City Planner. The decision of the Planning
Commission on appeals is final. Where the Village Master Plan and Design Manual I silent on an issue,
the requirements of the Carlsbad Municipal Code shall apply. Chapter 21.54.140 of the Carlsbad
Municipal Code states that the burden of proof is on the appellant to establish by substantial evidence
that the grounds for the requested action exist. Grounds for appeal shall be limited to the following:
that there was an error or abuse of discretion on the part of the City Planner in that the decision was not
RP 14-22 – EL CORRAL
June 3, 2015
Page 3
supported by the facts presented to the City Planner prior to the decision being appealed; or that there
was not a fair and impartial hearing. The appeal hearing before the Planning Commission is de novo;
however the Planning Commission shall consider only the evidence presented to the City Planner for
consideration in the determination or decision being appealed. The Planning Commission shall
determine all matters not specified in the appeal have been found by the City Planner and are
supported by substantial evidence. The planning commission may affirm, modify or reverse the decision
of the City Planner, and make such order supported by substantial evidence as deemed appropriate,
including remand to the City Planner with directions for further proceedings.
An appeal filed by the property owner to the north of the subject property cited several reasons for the
appeal. The decision to approve the El Corral project is being appealed because there was not a fair and
impartial hearing and the use should have been classified as a restaurant rather than a delicatessen. A
restaurant is defined in the Village Master Plan and Design Manual on page 79 as “an 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. The
sale of any alcoholic beverages must be incidental to the primary restaurant business at all times that
the business is open. “Incidental alcoholic beverage sales” means that these sales are subordinated to a
minor position to the sale of meals. The intent is for any alcoholic beverage to be purchased with a
meal. No more than twenty-five percent (25%) of the interior area of the restaurant shall be used,
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.” Whereas on page 81 of the Village
Master Plan and Design Manual, “a delicatessen is defined as an establishment at which the primary
business provides for ready-to-eat food products (such as cooked meats or prepared salads) and canned
or bottled beverages which are purchased on the premises and typically consumed off-site. They may
provide made to order sandwiches and/or salads. Serving and eating utensils are typically disposable.
Food orders is not provided to any tables which might be located on the premises. No waiters or
waitresses are employed on the premises. A delicatessen is defined as “retail” for land use purposes.”
The grounds for the appeal are further discussed below, along with staff’s analysis.
1. “The El Corral project has no parking!”: The appellant states that there is no on-site parking and
describes a situation in which motorists will be driving slowly by the site to look for parking
spaces causing traffic jams. They also indicate that the Average Daily Trips (ADT) is more than
doubling from 280 ADT to 593 ADT.
Because a delicatessen is classified as a retail use and the previous use of the property was
retail, no additional parking is required per the Village Master Plan (pg. 178). No parking is
required for the outdoor seating if it is equal to or less than the amount of indoor seating per
the Village Master Plan (pg. 179). Because, the amount of outdoor seating is less than the
amount of indoor seating, no additional parking is required for outdoor seating. Additionally,
parking requirements are not determined by the ADT count. Traffic impact fees assessed for the
delicatessen use will be based off of the ADT count.
2. “The El Corral project is a group of restaurants and bars that require onsite parking.”: The
appellant cites the Village Master Plan and Design Manual’s definitions for delicatessens and
restaurants and states that the project applicant has attempted to pass off the business as a
delicatessen so they would not have to provide additional parking. The appellant describes that
the business is more consistent with the restaurant definition because there will be preparation
of food on site, waiters and waitresses will be utilized, and the design plans reveal that the use is
a restaurant.
RP 14-22 – EL CORRAL
June 3, 2015
Page 4
A letter to the applicant from the Community and Economic Development (CED) Director dated
October 27, 2014 (attached), expanded on the definition of a delicatessen.
1. Tables and seating have been allowed at delicatessens, both indoors and outdoors. This is
not prohibited by the Village Master Plan so long as they do not impede normal pedestrian
movements.
2. Limited grilling of freshly prepared food is permitted by the Master Plan standards. The
Village Master Plan provides that the grilled items may form a portion of the menu, and the
majority of the menu for a delicatessen must consist of ready-to-eat items.
3. The Master Plan provides that for a deli use, where the primary business is ready-to-eat
food products, there should be deli-type cases located convenient to customers; and
ordering counters and/or walk up windows located close to the entrance. The proposed
project includes all three of these.
4. While canned and/or bottle beverages should be available for either eat-in or take-out
customers, a fountain operation for soft drinks, or draft beer and wine, is allowed under the
deli definition in the Village Master Plan.
5. While the Master Plan deli definition states that “serving and eating utensils are typically
disposable”, the Village Master Plan does not mandate the use of disposable utensils and
the applicant explained that it chooses to use non-disposable utensils for dine-in customers
for ecological sustainability.
The applicant has modeled its business operation in accordance with the definition of
delicatessen as defined in the Village Master Plan and with the letter that was provided by the
CED director. The primary business provides ready-to-eat food products including a deli-type
case, and only a portion of the menu includes grilled items. While the amount of seating is not
typical of other delicatessens in the Village, indoor and outdoor seating has been allowed since
it does not impede normal pedestrian traffic. The use of expediters or food runners as
described in the business plan, will not be allowed by the approval since the definition of
delicatessens in the Village Master Plan does not allow waiters. Per the Village Master Pan the
type of utensils in not critical in determining whether a use is a restaurant or a delicatessen.
In an effort to ensure the proposed use is consistent with the delicatessen definition, the
following conditions were placed on the project in the approval letter dated April 7, 2015.
“12. Food and drink order service shall not be provided to any tables at any time. No waiters or
waitresses shall be employed on the premises.
13. The outdoor seating shall be equal to or less than the amount of indoor seating.
14. There shall be no bar stools or seating provided at the indoor and outdoor counters.
15. There shall be a variety of ready-to-eat food products available which may include made to
order sandwiches and/or salads.”
3. “The El Corral Project Required a Full Public Hearing.”: The appellant cites text from the letter to
the applicant from the CED Director stating “Based on the preliminary plans submitted, the
building valuation of the proposed improvements outside of the existing structure is less than
$60,000.00, which means that the proposed use would be reviewed as an Administrative Review
Permit.” The appellant goes on to describe the improvements proposed and their approximate
costs, estimating that the improvements will cost more than $60,000.00.
RP 14-22 – EL CORRAL
June 3, 2015
Page 5
The information provided by the CED Director is not accurate. Per the Village Master Plan (pg.
197), a Minor Review Permit and hearing before the Planning Commission would be required if
new construction or additions to the building footprint were proposed which have a building
permit valuation of more than $60,000. The valuation in not the construction cost, but the
value as determined by the International Code Council. Since the actual building footprint is not
being expanded, this requirement does not apply. Factors that require an Administrative
Review Permit include: “interior or exterior improvements which result in an intensity of use,”
and “changes in permitted land uses which result in site changes, increased ADT (Average Daily
Traffic), or result in compatibility issues/problems,” (Village Master Plan, pg. 197), which is the
case here because the delicatessen use has a higher ADT than the previous use of pottery sales.
4. “No provision is made for refuse disposal.”: The appellant contends that the trash and recycling
area is in a location that is inaccessible and will create a health hazard.
Refuse disposal is not a finding necessary for approving a delicatessen. However, the applicant
has obtained a “will serve” letter from Waste Management to have curbside trash and recycle
pick up three times per week, and a “will serve” letter from MSC Janitorial Service, Inc. to have
trash and recycle pick up an additional three days, or four days if needed. The business
operators will have the trash and recycling wheeled out to the curb, which is similar to food
service establishments without alley access in urban areas such as North Park, Little Italy and
downtown La Jolla.
5. “The El Corral Project Cannot Comply with California Department of Alcoholic Beverage Control
License Requirements Unless the El Corral Project is a Restaurant.”: The appellant describes how
the applicant will be selling alcoholic beverages and is concerned with the intent to sell bottled
beer, also referred to as “road sodas.”
It is not the intent for the applicant to sell “road sodas” to be consumed in the car. The “road
sodas” are bottled beers that would be for patrons to enjoy with their meal or consumed off
site. This would not be any different than any other grocery retail or liquor store that sells
bottled beer to be consumed off-site.
6. “The Appellant Was Forced to File This Appeal Without the Benefit of the City Planner’s Final
Approval Letter.” The appellant states that he reserves all rights to supplement the appeal upon
receipt of the City Planner’s final approval letter.
The final approval letter was provided to the appellant on April 7, 2015, the day prior the appeal
being filed. There has been no supplement to the appeal filed.
In summary, staff has determined that the use should be classified as a delicatessen (retail) since the
business operation is consistent with definition of a delicatessen in the Village Master Plan (pg. 81).
Although there is no parking on-site, there are on-street parking spaces located along Lincoln Street and
Oak Avenue to the south of the project site, as well as Washington Street to the east. Additionally,
there is a public parking lot with 39 parking spaces that is located off Washington Street one block to the
east. The prospective business owners expect to draw customers from nearby hotels that are within
walking distance, as well as beach goers. Furthermore, bike racks will be installed to attract bicyclists
who travel along Carlsbad Boulevard. The proposed project is consistent with Land Use District 1 which
the Village Master Plan describes as a pedestrian shopping environment with mutually supportive uses
and providing a major activity focus for Carlsbad Village and the city as a whole.
RP 14-22 – EL CORRAL
June 3, 2015
Page 6
IV. ENVIRONMENTAL REVIEW
The City Planner has determined that the project is exempt from the requirements of the California
Environmental Quality Act (CEQA) per Section 15303, Class 3, of the State CEQA Guidelines as the
project involves the conversion of existing small structures from one use to another where only minor
modifications are made to the structures and will not have any adverse significant impacts on the
environment. The project is exempt from further environmental documentation pursuant to Section
15303 of the State CEQA guidelines. A Notice of Exemption will be filed by the City Planner upon final
project approval.
ATTACHMENTS:
1. Planning Commission Resolution No. 7106
2. Location Map
3. Disclosure Form
4. Appeal Form and Attachments
5. Appeal Letter from Charles P. Brown
6. RP 14-22 Approval Letter
7. Letter to applicant from Glen Van Peski, dated October 27, 2014
8. “Will serve” letter from Waste Management dated, May 21, 2015
9. “Will serve” letter from MSC Janitorial Service, Inc., dated May 15, 2015
10. Reduced Exhibits
11. Exhibits “A” – “H” dated June 3, 2015
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RP 14-22El Corral
SITE MAP
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CCityof
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DISCLOSURE STATEMENT
P·1(A)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print. Note: ···· -------····-·· --·-· -··· ···----------,
:Person is defined as "Any indiVidual, firm, co-partnership, joint venture, association, social club, fraternali
'organization,. corporation, estate, trust, rEl()eiver, sy_ndicate, in this and any other co.unty, city. and county,
:city municipality, district or other political subdivision or any other group or combination acting as a unit." ' . . - -. . . 1
Agents may sign this document; however, the legal name and entity of the applicant and property owner:
rnust ~e PI"Qvifled bE!Io:-v. . ..... ..... . ...... .. ... . . _ . . . ... .... . . . .. -. · . · ··· . . -··· ·· · · ·· · · ·· : [j
1. APPLICANT (Not the applicanfs agent) 0// AClt:~&V~C.n?'"tZuz';JPC}G72'.
Provide the COMPLETE. LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership,
include the names, titles, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
2.
separate page may be attached if necessary.) )
Person c;l~y ;/44sA'.e" Corp/Part C .St-~ ~7T#I<ICU·I~
Title ;n;:?n';j{j~ Title ·---------------------
Address Address ~
OWNER (Not the owner's agent)0'l'/,aG"" ~d.O/)ff'Gn?" ~ ~5
Provide the COMPLETE, LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the nature of the legal
ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the
ownership includes a corporation or partnership. include the names, titles, addresses of
all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW. If a publicly-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.) )
Person rj.77'"",zSY ~ Corp/Parf'"g~ ;4-7T;:t.C!#c"-b
Title n'"'>AnA-~K. Title -------------------------
Address /~01 S. ;?a.nc:A .e; Address. __________________ __
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P-1(A) Page 1 of2 Revised 07/10
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Village Redevelopment Partners, LLC
(Members List)
1. Jeffrey Rasak Inheritance Trust dated 4/10/12
2. Robert Wayne Neff
3. Madison Leigh Rasak
4. Fiona Grace Rasak
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{city of
Carlsbad
APPEAL FORM
P-27
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Date of Decision you are appealing:._M_a_rc_h_3_1-'-, _20_1_5 ____________________ _
Subject of the Appeal:
BE SPECIFIC Examples: if the action is a City Planner's Decision, please say so. If a project has multiple
applications, (such as a Coastal Development Permit, Planned Unit Development, Minor Conditional Use
Permit, etc) please list all of them. If you only want to appeal a part of the whole action, please state that here.
Please see fee schedule for the current fee.
Please see Attachment 1 to Appeal Form P-27.
Reason(s) for the Appeal: PLEASE NOTE: The appeal shall specifically state the reason(s) for the
appeal. Failure to specifv a reason may result in denial of the appeal, and you will be limited to the
grounds stated here when presenting your appeal.
BE SPECIFIC How did the decision-maker err? What about the decision is inconsistent with local laws, plans,
or policy? Please see Carlsbad Municipal Code (CMC) Section 21.54.140(b) for additional information
(attached). Please attach additional sheets or exhibits if necessary.
Please see Attachment 2 to Appeal Form P-27
NAME (Print): Ron Presta
RECEIVED
APR 6 8 2015
CITY, STATE, ZIP:
MAILING ADDRESS: P.O. Box 7099 ~~~~~------------~CR·Aff~r~o~~-c~A~R~L~S~B~A~D~-------------
Newport Beach, California 92658 PI A[\/1\IJ~rg DI'/IGIOf~
TELEPHONE: 949-759-1275
EMAIL ADDRESS: alron7099@aol.com
SIGNATURE: .~-:z;',qp[_;/~"-m~T&-:::-~:;:::?Lc~=-------------
DATE: AprilS, 2015 ~~~~--~-------------------------------------
P-27 Page 1 of 1 Rev. 05/12
000001
Attachment 1 to Appeal Form P-27 .
000002
Subject of the Appeal
The subject of this appeal is the City Planner's final decision to APPROVE
Administrative Review Permit No. RP 14-22 and Coastal Development Permit No.
14-39, commonly known as the El Corral Pottery property, Assessor Parcel No.:
203-175-02 and 203-175-02-00, street address 3040 Carlsbad Boulevard, Carlsbad,
California 92008 . (Exhibit 1 hereto.)
000003
Attachment 2 to Appeal Form P-27
000004
Reason(s) for the Appeal:
The decision maker made an error or abused his/her discretion in approving
Administrative Review Permit No. RP 14-22 (the "El Corral Project") (Exhibit 1
hereto.) in that the decision was not supported by the facts presented to the city
planner prior to the decision being appealed and there was not a fair and impartial
hearing. The city planner approved the use of the El Corral Project as a
delicatessen to avoid providing additional parking (Exhibit 2 hereto.), when in fact
the El Corral Project should have been classified as a restaurant which requires
additional parking.
I. THEEL CORRAL PROJECT HAS NO PARKING!
TheEl Corral property has no on-site parking! Not a single on-site parking
stall! Imagine the snarling traftic jams as visitors and residents drive slowly by the
El Corral Project on the major coastal thoroughfare looking for an entrance into the
El Corral Project and finding no entrance into the El Corral Project. What now?
The visitors in their cars slowly proceed trying to find an entrance to the rear of the
E1 Corral Project only to learn there is no vehicle entrance to the El Corral Project
and no on-site parking!
Incredibly, the Design Plan submitted to the City of Carlsbad shows the
traffic volume more than doubling: Existing Traffic Volume (ADT) 280 ADT and
Proposed Traffic Volume (ADT) 593 ADT. (Design Plans dated March 16, 2015
by Brian Church, sheet C 1. ("Design Plans") The Design Plans were submitted to
the City of Carlsbad and are not attached hereto due to size limitations.)
More than double the traffic volume without a single parking space!
Congestion doesn't begin to describe the traffic and parking quagmire the El
Corral Project will create.
000005
II. THEEL CORRAL PROJECT IS A GROUP OF RESTAURANTS
AND BARS THAT REQUIRE ON SITE PARKING.
TheEl Corral Project has been approved as a delicatessen (Exhibit 2
hereto). The Carlsbad Village Master Plan and Design Manual ("Village Manual")
defines delicatessen:
"A delicatessen is defined as an establishment at which the primary business
provides for ready-to-eat food products (such as cooked meats or prepared
salads) and canned or bottled beverages which are purchased on the
premises and typically consumed off-site. They may provide made to order
sandwiches and I or salads. Serving and eating utensils are typically
disposable. Food orders service is not provided to any tables which might be
located on the premises. No waiters or waitresses are employed on the
premises. A delicatessen is defined as "retail" for land use purposes"
(Village Manual page 81, attached hereto as Exhibit 3.)
Why did the El Corral Project developers attempt to pass off restaurants and
bars as a "delicatessen"? Simple: the El Corral Project has no on-site parking and a
delicatessen at the El Corral Property does not require additional parking. (Village
Manual page 179 attached hereto as Exhibit 6 and Jeffrey Rasak email dated
March 31,2015, Exhibit 7 hereto.)
TheEl Corral Project should be defined as "restaurant" for land use
purposes as set forth in relevant part of the Village Manual:
"An 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. The
sale of any alcoholic beverages must be incidental to the primary restaurant
business at all times that the business is open." (Village Manual, Exhibit 4
hereto.)
000006
1. The El Corral Project Prepares Food On Site.
Exhibit 5 hereto, labeled "Park 101 at the village" ("Developer's Brochure")
identifies three separate restaurants: (1) El Corral Deli and Dough; (2) Frazier
Station Provisions; and (3) Garden Public.
The Developer's Brochure, in parts A, B, C. and D clearly describes how
foods are prepared on site, and as discussed below, the walk in refrigerators, walk
in freezers, enormous dining rooms and kitchens readily distinguish the El Corral
Project as a "restaurant" for land use purposes.
Moreover, the Developer's Brochure states in relevant part:
"Garden public is a community park inspired, multi use area, where our
focus will be on family, recreation, dining, and beverage." (Exhibit 5,
Developer's Brochure, page 4, emphasis added.)
The Developer's Brochure further solidifies the proper land use designation
as "restaurant":
"Catering. We plan on offering a full catering menu for private events,
wedding receptions, or on site events." (Exhibit 5, Developer's Brochure,
page 6.)
Delicatessens, do not offer on-site events as they do not have the parking to
accommodate large on site ewnts. All the more reason the El Corral project should
have been designated "restaurant" for land use purposes.
Patrons and customers dine and drink at restaurants and as such, the land use
designation for the El Corral Project must be "restaurant". Principal Planner Chris
DeCerbo makes this clear in his January 20, 2015 correspondence to the
developers:
"A delicatessen is a food service use where patrons typically do not stay for
a long periods oftime and order multiple alcoholic beverages." (Chris
DeCerbo January 20, 2015 correspondence, page 2, Exhibit 8 hereto.)
000007
The Park 101 Concept Overview ("Developer's Concept" attached as
Exhibit 9 hereto.) further solidifies the El Corral Project as a group of restaurants
and bars:
"The kitchen and grill will be exhibition style, .... " and "Once you order,
you can choose from our community style seating areas: the park, inside
dining area, or view deck." (Exhibit 8 hereto, emphasis added.)
A colloquial saying sums up the El Corral Project: "If it quacks like a duck,
swims like a duck, walks like a duck and flies like a duck, it is a duck."
The Planning Department should call a restaurant a restaurant.
2. TheEl Corral Project Utilizes Waiters and Waitresses.
Section B of the Developer's Brochure, page 3, admits to table service,
which is a "restaurant" land used designation requiring on-site parking.
The Developer's Brochure on page 3states in relevant part:" ... serving
breakfast, lunch and dinner,-service=fast casual .... "
To avoid sounding like a restaurant, The Developer's Brochure, on page 4,
cleverly tries to disguise waiters and waitresses: "Expediters will bring out entire
order to table, which will be indicated by table placard."
Based on the fact that El Corral Project restaurants will utilize servers
providing table service, the El Corral project should be designated a "restaurant"
for land use purposes.
3. The Design Plans Reveal Restaurant Use.
The Design Plans by Brian Church shows seating square footage as: indoor
seating of 1, 461 square feet, outdoor seating as 1,424 square feet for total
seating of2,885 square feet! (Design Plans, sheetA9)
ocooos
What is the seating occupancy? Why so much seating area? The answer is
simple: the Design Plans calls for 2006 square feet of kitchen, deli and snack
bar area. (Design Plan, sheet A9.)
Why so much space dedicated to dining area and food preparation? Because
the El Corral Project is a restaurant, not a delicatessen.
III. THEEL CORRAL PROJECT REQUIRED A FULL PUBLIC
HEARING.
By correspondence dated October 26, 2014, Glen K. Van Peski, Community
& Economic Development Director wrote Bill Hoffman, stating in relevant part:
"Based on the preliminary plans submitted, the building valuation of the
proposed improvements outside of the existing structure is less than
$60,000.00, which means that the proposed use would be reviewed as an
Administrative Review Permit." (Exhibit 10 hereto.)
If improvements outside of the existing structure were more than
$60,000.00, a full public hearing on the El Corral Project would have been
required. Simple math reveals that the El Corral Project should have gone to full
public hearing: (1) Elevator installation approximately $50,000.00; (2) Outside
structural steel cost exclusive oflabor approximately $15,000.00; (3) build upstairs
area outside of existing structure approximately $50,000.00.
The existing level2 structure is 125 square feet. (Design Plans, sheet A2.)
The Design Plans call for building out 1,479 square feet on level2 (Design Plans,
sheet A2.) The cost to build out level2 alone, must be more than $60,000.00.
Of course the foregoing is not all inclusive and an approximation, but clearly
demonstrates that the El Corral Project should have been subject to a full public
hearing.
OC0009
IV. NO PROVISION IS MADE FOR REFUSE DISPOSAL.
The trash and recycling area is located in the northeast comer of the El
Corral Property. (Design Plans, sheet A2.) That area has no ingress or egress as it
is bound on all sides by neighboring properties. The amount of trash generated by
4070 square feet of restaurant space is staggering and will create a health hazard if
left to ferment in an inaccessible area of the El Corral Property. Approval ofthe El
Corral Project should be denied on this basis alone.
V. THE EL CORRAL PROJECT CANNOT COMPLY WITH
CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE
CONTROL LICENSE REQUIREMENTS UNLESS THE EL
CORRAL PROJECT IS A RESTAURANT.
TheEl Corral Project bills itself as selling alcoholic beverages, going so far
as to sell alcoholic beverage "Road sodas". (Exhibit 5, Developers Brochure, page
3.)
While it is unlikely that the California Department of Alcoholic Beverage
Control will ever grant a license to sell "Road sodas", a quick review of the ABC
licensing requirements shows that the El Corral Project would need a license type
41 or 47 (Exhibit 11 hereto.) both of which license types require a "restaurant"
designation.
VI. THE APPELLANT WAS FORCED TO FILE THIS APPEAL
WITHOUT THE BENEFIT OF THE CITY PLANNER'S FINAL
APPROVAL LETTER.
This appeal was filed without the benefit of the City Planner's final approval
letter (Exhibit 12 hereto.) and the appellant reserves all rights to supplement this
appeal upon receipt ofthe City Planner's final approval letter.
000010
VII. CONCLUSION.
Based on the fact that the El Corral Project has no on-site parking, the fact
that the Village Manual requires parking for a restaurant, the fact that the El Corral
Project will prepare food on-site, the fact that there will be dining and table service
on-site, the fact that the Design Plans call for 2,885 square feet of seating, the fact
that the Design Plans call for 2006 square feet of kitchen, deli and snack bar area,
the fact that a full public hearii1g was required for the El Corral Project, the fact
that there is no provision for refuse disposal, and the fact that the ABC requires
restaurant use for issuance of license types 41 and 47, the proper land use
designation for the El Corral Project is "restaurant".
Appellant respectfully requests that the City Planner designate the El Corral
Project land use as "restaurant", that a full public hearing take place on the El
Corral Project, and that the El Corral Project be required to provide parking, or,
alternatively, that the City Planner deny Administrative Review Permit No. RP-
14-22 and Coastal Development Permit No. 14-39
000011
(760) 754-0960
Charles P. Brown
LAW OFFICE OF CHARLES P. BROWN
2103 S. El Camino Real, Ste. 206
Oceanside, CA. 92054-6281
April 17, 2015
Community Economic Development
Planning Division
1633 Faraday Avenue
Carlsbad, CA 92008
RE: RP 14-22-El Corral
3040 Carlsbad Blvd.
Dear Sir:
City of Carlsbad
APR 2 1 2015
Planning Division
Fax: (760) 754-0961
Please be advised my office represents the owners of the Royal
Palms Spirits Liquor Store and Cessy's Taco Shop. Both businesses
are located on Carlsbad Blvd. immediately adjacent to the El Corral
project.
Please accept this correspondence as notification that the
business owners as mentioned in the previous paragraph have
received a copy of the appeal filed by Mr. and Mrs. Presta and
agree 100% with all the assertions made in the appeal.
Please advise what further proceedings are going take place
involving the appeal so that my office and my clients can make an
appearance and participate more fully in supporting the appeal and
opposing the proposed plan.
CPB:cp
Page 1 of 1
~~ (~~CITY OF .
~CARLSBAD
M~& '+(~r ]Is:
o F~l~
Community & Economic Development
April 7, 2015
Village Redevelopment Partners
Attn: Jeff Rasak
162 5. Rancho Santa Fe Rd. B-85
Encinitas, CA 92024
www.carlsbadca.gov
SUBJECT: ADMINSTRATIVE REVIEW PERMIT NO. RP 14-22-EL CORRAL-Request for approval of
an Administrative Review Permit (RP 14-22) to allow for the operation of a delicatessen at 3040
Carlsbad Boulevard, in District 9 of the Village Review Zone and Local Facilities Management Zone 1.
Dear Mr. Rasak,
The City Planner has completed a review of your application for an Administrative Review Permit RP 14-
22 to allow for the operation of a delicatessen at 3040 Carlsbad Boulevard. It is the City Planner's
determination that the project, RP 14-22 -El Corral, is consistent with the Carlsbad Village Master Plan
and Design Manual and with all other applicable city ordinances and policies. Therefore, the City
Planner APPROVES this request based on the following findings and subject to the following conditions:
Findings:
1. The City Planner has determined that the project is consistent with the policies, goals and action
programs set forth within the Carlsbad General Plan in that the delicatessen provides a visitor
serving use that complements the existing commercial and residential uses in the pedestrian-
oriented downtown Village.
2. The City Planner has determined that the project is consistent with Chapter 21.35 (Village Review
Zone) of the Carlsbad Municipal Code and all applicable development standards and land use
policies set forth within the Village Master Plan and Design Manual in that a delicatessen is defined
as "retail" for land use purposes. The subject property provides no off-street parking spaces.
However, space may be converted from one approved use to another approved use without
additional parking provided both uses have the same parking requirements according to the
parking requirements set forth within the Village Master Plan and Design Manual. The previous
use of the property was retail, which has the same parking requirement as a delicatessen.
Therefore no additional parking is required for a delicatessen on the subject property.
3. That the City Planner has determined that the project is exempt from the requirements of the
California Environmental Quality Act (CEQA) per Section 15303, Class 3, of the State CEQA
Guidelines as the project involves the conversion of an existing small structures from one use to
another where only minor modifications are made to the structures and will not have any adverse
significant impacts on the environment.
· · Planning Division ~~·----~--------------------------------------------------" 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559
RP 14-22-EL CORRAL
April 7, 2015
Page 2
(
4. 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:
1. Approval is granted for RP 14-22 as shown on Exhibits "A"-"H" dated April 7, 2015 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 Administrative Review Permit.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the RP 14-22 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. The 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 Administrative Review Permit, (b) City's approval or issuance of
any permit or action, whether discretionary. or non-discretionary, 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.
5. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in
effect at the time of building permit issuance.
6. 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.
7. RP 14-22 shall be reviewed by the City Planner on a yearly basis to determine if all conditions of this
permit have been met and that the use does not have a substantial negative effect on surrounding
properties or the public health, safety and general welfare. If the City Planner determines that: 1)
the Administrative Review Permit was obtained by fraud or misrepresentation; or 2) the use for
which such approval is granted is not being exercised; or 3) the conditions of approval have not
RP 14-22-EL CORRAL
April 7, 2015
Page 3
been met; or 4) the Administrative Review Permit is being or recently has been exercised contrary
to any of the terms or conditions of approval; or 5) the use for which such approval was granted has
ceased to exist or has been suspended for one year or more; or 6) the use is in violation of any
statute, ordinance, law or regulation; or 7) the use permitted by the Administrative Review Permit
is being or has been so exercised as to be detrimental to the public health, safety or welfare or so as
to constitute a nuisance, the City Planner shall hold an informal public hearing and after providing
the permittee the opportunity to be heard, the City Planner may revoke and terminate the
Administrative Review Permit in whole or in part, reaffirm the Administrative Review Permit,
modify the conditions or impose new conditions.
8. This Administrative Review Permit is granted for a period of five years from April10, 2015 through
April 9, 2020. This permit may be revoked at any time after a public hearing, if it is found that the
use has a substantial detrimental effect on surrounding land uses and the public's health and
welfare, or the conditions imposed herein have not been met. This permit may be extended for a
reasonable period of time not to exceed 10 years upon written application of the permittee made
no less than 90 days prior to the expiration date. The City Planner may not grant such extension,
unless he/she finds that there are no substantial negative effects on surrounding land uses or the
public's health and welfare. If a substantial negative effect on surrounding land uses or the public's
health and welfare is found, the extension shall be denied or granted with conditions which will
eliminate or substantially reduce such effects. There is no limit to the number of extensions the
City Planner may grant.
9. Prior to the issuance of a Building Permit, owner/applicant 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 an Administrative Review Permit on the real property owned by the owner/applicant. 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 owner/applicant or successor in interest.
10. 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.
11. Developer shall report, in writing, to the City Planner within 30 days, any address change from that
which is shown on the permit application.
12. Food and drink order service shall not be provided to any tables at any time. No waiters or
waitresses shall be employed on the premises.
13. The outdoor seating shall be equal to or less than the amount of indoor seating.
14. There shall be no bar stools or seating provided at the indoor and outdoor counters.
15. There shall be a variety of ready-to-eat food products available which may include made to order
sandwiches and/or salads.
16. All deliveries shall be limited to the hours of 6:00A.M. to 8:00A.M. Monday through Sunday.
(
RP 14-22-EL CORRAL
April 7, 2015
Page 4
Engineering:
17. Developer acknowledges that, pursuant to Order No. R9-2013-0001 issued by the California
Regional Water Quality Control Board, new storm water requirements become effective near the
end of 2015, and likely affect the design of this project. Prior to construction, Developer shall
demonstrate compliance with latest storm water requirements to the satisfaction of the city
engineer.
18. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement
best management practices at all times. Best management practices include but are not limited to
pollution control practices or devices, erosion control to prevent silt runoff during construction,
general housekeeping practices, pollution prevention and educational practices, maintenance
procedures, and other management practices or devices to prevent or reduce the discharge of
pollutants to stormwater, receiving water or stormwater conveyance system to the maximum
extent practicable. Developer shall notify prospective owners and tenants of the above
requirements.
19. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
lanqscape plans, building plans, etc.) incorporate all source control, site design, treatment control
BMP, applicable hydro modification measures, and Low Impact Design (LID) facilities.
20. Developer shall incorporate measures with this project to comply with Standard Stormwater
Requirements per the city's Standard Urban Stormwater Management Plan (SUSMP). These
measures include, but are not limited to: 1) reducing the use of new impervious surfaces (e.g.:
paving), 2) designing drainage from impervious surfaces to discharge over pervious areas (e:g.: turf,
landscape areas), 3) and designing trash enclosures to avoid contact with storm runoff, all to the
satisfaction of the city engineer.
21. An encroachment agreement is required. Developer shall cause the owner to complete and submit
Engineering Plancheck Application E-23 and Encroachment Agreement Submittal Checklist E-6 to
the Land Development Engineering Counter at 1635 Faraday Ave, Carlsbad CA together with the
encroachment agreement processing fee in effect at that time. Links to these forms on the city's
website are:
http://www.carlsbadca.gov/civicax/filebank/blobdload.aspx?BiobiD-22689
The following information for both the property owner and the business owner should be
submitted with the application in order for the city to prepare the encroachment agreement:
A. Property Owner:
• Name of property owner
• Property owner's mailing address
• Legal entity of property owner, i.e., individual, partnership, corporation (state of
incorporation), limited liability company (state of incorporation), trust, etc.
• Name and title of individual(s) authorized to sign on behalf of property owner.
• Name, phone number and e-mail address of individual to contact regarding property
owner's execution of encroachment agreement.
RP 14-22-EL CORRAL
April 7, 2015
Page 5
B. Business Owner:
• Name of business owner
• Business owner's mailing address
• Legal entity of business owner, i.e., individual, partnership, corporation (state of
incorporation), limited liability company (state of incorporation), trust, etc.
• Name and title of individual(s) authorized to sign on behalf of business owner.
• Name, phone number and e-mail address of individual to contact regarding business
owner's execution of encroachment agreement.
C. Signature authorization:
Depending on the legal entity of the property and business owners, the following
documentation is required:
Corporation:
One signature from EACH group with name and title:
• Group 1: Chairman, president, vice president.
• Group 2: Corporate secretary, assistant corporate secretary, chief financial officer,
or assistant treasurer.
Corporation with a single signatory:
Attach a resolution certified by the secretary or assistant secretary under
corporate seal empowering that officer, by name and title, to legally bind the
corporation.
LLC or Partnership:
Attach an official document (e.g., corporate resolution, operating agreement)
empowering that individual(s}, by name and title, to legally bind the entity.
22. A right of way permit is required. Developer shall cause the owner to complete and submit
Engineering Right of Way Application E-ll to the Land Development Engineering Counter at 1635
Faraday Ave, Carlsbad CA. The link to this form on the city's website is:
http://www.carlsbadca.gov/civicax/filebank/blobdload.aspx?BiobiD-22694
Code Reminders:
23. 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.
24. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
4. While canned and/or bottled beverages should be available for either eat-in or take-out
customers, a fountain operation for soft drinks, or draft beer and wine, would fall under the deli
definition.
S. While the deli definition references disposable utensils and plates, and disposable utensils
would be necessary for take-out orders, current sustainablllty practices would allow regular
utensils and plates for dine-in customers.
Assuming that the Review Permit application description and plans, and the subsequent building and
tenant improvement plans and descriptions are consistent with the provisions of this letter, you can
expect staff support of the proposed deli use at this site. This letter addresses a proposed deli use only.
Other uses allowed by the underlying zone are allowed on this property subject to any applicable code
requirements.
Sincerely,
#txzLM.
GLEN K. VAN PESKI
Community & Economic Development Director
c: Don Neu, City Planner
Chris DeCerbo, Principal Planner
Mike Peterson, Development Services Manager
Kathy Dodson, Assistant City Manager
* .-.
w
WASTe MANAOiiMSN1'
May 21,2015
Village Redevelopment Partners, LLC
162 S. Rancho Santa Fe Road, Suite 885
Encinitas, CA 92024
Attn: Allie Dixon
RE: 3040 Carlsbad Blvd, Carlsbad, CA 92008
Dear Allie,
WASTE MANAGEMENT
1001 W. BrnJII!y Avo:.
El c,Jon, CA 92020
(6191 596-5100
(619) 596-5!96 Fax
Our Route Manager has approved trash and recycle pick up at the above referenced address for 3x per
week. Pricing as follows:
• Commercial Can Service (trash) 3x per week
• Commerdal Can Service (recycle) 3x per week
There is a charge of $11.34 to have the carts delivered.
$107.85 I month
$51.63 I month
Please let me know if you have any questions or if you would like to establish service.
Sincerely,
Kaylyn littelman
klittelm@wm.com
619-596-5177
From everyday ~ollection to environmental protection, Think Green. Think Waste Management.
+LOCATION
-3040 Carlsbad Blvd
+SCHEDULE
Janitors will work five (3) times per week, excluding customer's observed holidays.
+ WORK PRINCIPLES
MSC Janitorial is dedicated to perform to the highest standards of the cleaning industry.
We comply with all regulations established by OSHA, CALOSHA, federal, state and
local codes.
All of our products are green certified and/or environmentally friendly, disinfectants are
hospital grade
MSDS are available upon request and will be on an assigned binder in the janitorial
closet.
Point of Contact will be available to meet with Contract Manager monthly and/or as
needed, this service will be provided at no additional cost.
+EMPLOYEES
MSC Janitorial personnel is required to work steadily with no loitering and to complete
their work in a professional and courteous manner.
Our employees are trained to be sensitive to a professional work environment, utmost
courtesy and respect.
MSC Janitorial provides uniforms and identification badges for each of our employees.
As part ofMSC Janitorial policy our employees are required to take a Substance Abuse
test at the time of hiring and randomly during the course of employment.
MSC employees are required to undergo a criminal background check for all felony and
misdemeanor convictions
+SUPPLIES & MATERIALS
MSC will provide:
-All general cleaning solution and disinfectants (Hospital & Green grade by P&G)
Uniforms and identification for each of our employees
Vacuum machines and all cleaning equipment needed-using HEPA filters
• Paper supplies are available for extra cost (e.g. paper towels. toilet tissue. trash liners. etc.)
SCOPE OF WORK
• DAILY PERFORMANCE DUTIES
Empty Trash bins/Recycle bins and load into MSC Janitorial vehicle
Separate Trash and recycling
Clean and sanitize trash receptacle
-Dispose Garbage/Recycling properly
TERMS & AGREEMENTS
• SPECIAL REQUEST
For any special requests please feel free to contact us at our office at (858) 653-3909 x 302,
Monday thru Friday from 9:00a.m. to 4:00p.m. or after business hours (858) 774-0605.
Work wiJl not begin without proper authorization and it may require an additional charge.
• EMERGENCY CALL
We provide janitorial service 24 hours a day, seven days a week. If you need to reach us,
please call us at (858) 774-0605, we will accommodate your needs as soon as possible.
•BILLING
Our terms are Due Upon Receipt. Invoices are mailed on the 15th of each month and will
cover the service for that month. Payment must be received by the 301h of the same month.
In the event account becomes delinquent and is placed with a collection agency or lawyer,
customer is liable to pay l-l/2% per past due month and to pay for collection and/or
attorney's fees if it becomes necessary to file suit to enforce collection. A $35 fee will be
charged for all returned checks. MSC Janitorial Service, Inc., reserves the right to request
credit references within the first 30 days of service, contract will be subject to cancelation for
breach of contract if required information is not provided.
•CHARGES
Total charge for 3 days a wee::k. trash Service for one recycling bin and one garbage bin will be: $250.00 per month
•CONTRACTUAL PERIOD
This agreement will be in effect for a 30 day trial period. After the trial period, this
agreement will be in effect for a period of one year commencing on the last day of the trial
period. Village Redevelopment Partners; or MSC Janitorial Service, Inc., may cancel this
agreement at any time during the term with thirty days written notice. After one year of
service ifMSC Janitorial Service, Inc., does not receive a written notice ofrenewal, MSC
Janitorial Service, Inc., will consider an automatic renewal for another year, however the
above termination rights still apply. If customer cancels service without proper notice,
customer will be responsible to pay for the rest of the month. Clients may not directly hire
our employees after immediate cancellation of contract, but may do this after 6 months of
cancellation of service under client's own responsibility. This agreement page must be signed
and fax to MSC Janitorial (858) 653-3854, prior to start work.
Sincerely,
~k'$~J
Nolbert Navarro
General Manager
I acknowledge (1) that I have full authority to sign for and bind the party identified as "Customer" to this
contract and (2) that I have read and agree to the terms and condilions on the pages of this document which
govern this contract.
Effective
Name
Title
Firm
Signature
CARLSBAD VILLAGE DRIVESITECARLSBAD BLVDCITY OFCARLSBAD5GRAND AVENEUELINCOLN STREETBrian Church Architecture1650 Camino Del MarBuilding BDel Mar, CA 92014(858) 793-3437DATE:SHEETOFSCALE:SUBMITTALS/REVISIONSSTATE OFCALIFORNIABRIANCHURCHLICENSEDARCHITECTREN.DATE:09/30/15C-22,251PRELIMINARY DESIGN PLANS 1/2" = 1'-0"3/16/2015 3:46:29 PMT1TITLE SHEET03/16/15EL CORRAL3040 CARLSBAD BOULEVARDPROJECT TEAMOWNER:ARCHITECT:TENANTTENANT COORDINATION:VILLAGE REDEVELOPMENT PARTNERS, LLC162 SOUTH RANCHO SANTA FE ROAD, SUITE B-85ENCINITAS, CA, 92024CONTACT: JEFFREY RASAK760 633-0006BRIAN CHURCH ARCHITECTURE1650 CAMINO DEL MAR - BUILDING BDEL MAR, CA 92014(858) 793-3437 - OFFICEPARK 101PETER CHICH AND TOM WINNDANNY FITZGERALDURBAN STRATEGIESCASSIDY TURLEY SAN DIEGO858 663-4576PROJECT ADDRESS:A.P.N. (S)GENERAL PLANZONING:LOT SIZE (net):PRESENT USE:PROPOSED USE:3040 CARLSBAD BOULEVARDCARLSBAD, CA203-175-02-00VILLAGE (V)VILLAGE REVIEW (V-R)7,000 SF (.16 AC)RETAILRETAIL /DELIRENOVATE EXISTING RETAIL BUILDING AND SITE. NEW DELI/RESTAURANT USES, NEWEXTERIOR DINING AND SEMI-PUBLIC COURTYARDSCOPE OF WORKVICINITY MAPSHEET INDEXNO. SHEET NAMET1 TITLE SHEETC1SITE PLANA1 FLOOR PLAN - EXISTINGA2 FIRST FLOOR PLANA3 SECOND FLOOR VIEW DECK PLANA4 ELEVATIONSA5 SECTIONSA9 SEATING AREA PLANS
A42A4A4A4134C A R L S B A DADJACENT STRUCTUREEXISTING TWOSTORY BUILDINGBICYCLE RACKS IN R.O.W - REQUIRES RIGHT-OF-WAY PERMIT + ENCROACHMENT PERMITTRELLIS/ GREEN SCREENNEW TREEGRASS AREA - SEATING/GAMESWALK-UP SERVICE WINDOW - OVERHANG/ AWNINGREQUIRES RIGHT-OF-WAY PERMIT + ENCROACHMENTPERMITEXISTING TRANSFORMERSEXISTING TREE - RETROFIT EXISTING SIDEWALKAS NECESSARY TO MAINTAIN MIN. 5'-0" PATH OF TRAVELFUTURE SIDEWALK DINING - SEPARATEAPPLICATION - REQUIRES SIDEWALK CAFEPERMIT, RIGHT-OF-WAY PERMIT, +ENCROACHMENT PERMITADJACENT STRUCTURES0'10'20'5'OUTDOOR SEATING/ DININGLINCOLN STREETB O U L E V A R DEXISTING ON-STREET PARKING SPACEEXISTING 20-MIN. ON-STREET PARKING SPACENO PARKINGNO PARKINGSTOPLINE OF NEW SECOND FLOOR VIEW DECKEXISTING SIDEWALKAREA OF ADDITION (ELEVATOR MACHINE ROOM)TRASH AREADROP DOWN PROJECTION SCREENOVERHANG WITH SIGNAGE ABOVE - REQUIRES ENCROACHMENT PERMITOUTDOOR SERVICE BAREXISTING 3/4" WATER METER TO BE UPGRADED -FUTURE SIZE TO BE DETERMINED BASED ON FINAL FIXTURE COUNTSEWER LATERAL - EXISTINGNEW BACK FLOW PREVENTER(S)GREASE TRAP - NEWPROPERTY LINEEXISTING DRAINAGEPATTERN TO REMAINLINE OF ROOF OVERHANGR.O.W. 50' - 0"R.O.W. 100' - 0"EXISTING WATER MAINPER DRAWINGEXISTING SEWER MAIN PER DRAWINGLINE OF EXISTING SECOND FLOORNORTHMIN.5' - 0"MIN.5' - 0"ENTRYEXISTING TREE - RETROFIT EXISTING SIDEWALKAS NECESSARY TO MAINTAIN MIN. 5'-0" PATH OF TRAVELBrian Church Architecture1650 Camino Del MarBuilding BDel Mar, CA 92014(858) 793-3437DATE:SHEETOFSCALE:SUBMITTALS/REVISIONSSTATE OFCALIFORNIABRIANCHURCHLICENSEDARCHITECTREN.DATE:09/30/15C-22,251PRELIMINARY DESIGN PLANS 1" = 10'-0"3/16/2015 3:46:28 PMC1SITE PLAN03/16/15EL CORRAL3040 CARLSBAD BOULEVARD 1" = 10'-0"1SITE PLANEXISTING TRAFFIC VOLUME (ADT)RETAIL: 40 ADT/1,000 SF x 7,000 SF =PROPOSED TRAFFIC VOLUME (ADT)DELI: 150 ADT/ 1,000 SF x 3,953 SF =280 ADT593 ADTTRAFFICE VOLUMESEWER DEMANDEXISTINGIEDU/1,800 SF x 3,870 SFPROPOSED2.67 + (1 EDU/7 SEATS x 190 SEATS)=2.15 EDU29.81 EDUWATER DEMANDEXISTINGAVERAGE 2,300GPD/10,000 SF(3,870 SF)= 890 GPDPROPOSEDTBD BASED ON FINAL FIXTURE COUNT890 GPDSTORM WATER FROM ROOFS AND PATIOAREAS SHALL BE DRAINED TOWARDSTREET WHERE THEY WILL BE DIRECTEDTHROUGH LANDSCAPING AND THENTHROUGH A NEW DRAIN TO A CURBOUTLET. FINAL DESIGN TO BE DEVELOPEDDEPENDING ON PATIO DESIGN.STORM WATER NOTES
100' - 0"70' - 0"18' - 9"24' - 4"38' - 0"15' - 7"55' - 1"19' - 11"25' - 0"20' - 0"50' - 0"100' - 0"19' - 1"0'4'8'16'EXISTING OUTDOOR PATIOEXISTING RETAIL SPACEEXISTING RETAIL SALES/ DISPLAYNORTHBrian Church Architecture1650 Camino Del MarBuilding BDel Mar, CA 92014(858) 793-3437DATE:SHEETOFSCALE:SUBMITTALS/REVISIONSSTATE OFCALIFORNIABRIANCHURCHLICENSEDARCHITECTREN.DATE:09/30/15C-22,251PRELIMINARY DESIGN PLANS 1/8" = 1'-0"3/16/2015 3:46:02 PMA1FLOOR PLAN - EXISTING03/16/15EL CORRAL3040 CARLSBAD BOULEVARD 1/8" = 1'-0"FLOOR PLAN - EXISTING
UP1A52A5MENWOMENELEV.0'4'8'16'15' - 5"70' - 0"25' - 5"50' - 1"ELEV.MACH.FIRE PITOUTDOOR SEATINGDELI & DOUGHTO GOEXHIBITION KITCHENPREP KITCHENSEMI EXHIBITIONOUTDOOR DRINKSERVICE COUNTERFOUNTAIN/DRINKSGAMES LAWNNORTHCOOLERFREEZERCOOLERSERVICE COUNTEROFFICEINDOORSEATINGINDOOR SEATING3' - 0"1' - 6"LOCATION OF FUTURE SIDEWALK DINING -PER SEPARATE SIDEWALK CAFE PERMIT,RIGHT-OF-WAY PERMIT, + ENCROACHMENTPERMITLOCATION OF FUTURE BICYCLERACK - REQUIRES RIGHT-OF-WAY PERMIT +ENCROACHMENT PERMITNEW TREEENTRY GATEWALK UP WINDOW TO COMPLYWITH CITY OF CARLSBAD VILLAGE MASTER PLAN -REQUIRES RIGHT-OF-WAY PERMIT +ENCROACHMENT PERMITTRASH & RECYCLING AREAFOUNTAIN/ HANDWASHPLANTER19' - 1"55' - 6"100' - 0"20' - 0"CONCRETE WALKWAY PERCITY SIDEWALK DESIGN GUIDELINESBrian Church Architecture1650 Camino Del MarBuilding BDel Mar, CA 92014(858) 793-3437DATE:SHEETOFSCALE:SUBMITTALS/REVISIONSSTATE OFCALIFORNIABRIANCHURCHLICENSEDARCHITECTREN.DATE:09/30/15C-22,251PRELIMINARY DESIGN PLANS 1/8" = 1'-0"3/16/2015 3:46:08 PMA2FIRST FLOOR PLAN03/16/15EL CORRAL3040 CARLSBAD BOULEVARD 1/8" = 1'-0"FLOOR PLANAREA NAMESITE AREA:BUILDING AREALEVEL 1 - EXISTINGLEVEL 1 - PROPOSED ADDITIONLEVEL 1 TOTALLEVEL 2BUILDING TOTALOUTDOOR AREASLEVEL 1LEVEL 2TOTALQTY.7,000 SF3,879 SF74 SF3,953 SF125 SF4,070 SF2,566 SF1,479 SF4,045 SFAREA SUMMARYTENANT AREASFOOD TO GOEXHIBITION KITCHENPREP KITCHENFOUNTAIN/DRINKSINDOOR DININGRESTROOMSOFFICEELEVATOR MACHINE ROOMSERVICE BAR - LEVEL 2TOTAL415 SF360 SF940 SF260 SF1,461 SF382 SF52 SF74 SF125 SF4,069 SF
1A52A5SNACK BAR / SERVICE COUNTER @ EXISTING SECOND FLOOR AREAMECHANICAL EQUIPMENT LIMITED TO THIS AREATAMARACK VIEW DECK1,400 SFPLANTED GREEN WALL0'4'8'16'DNVISUAL/ACCOUSTIC SCREENING AT ROOF TOPFABRIC SHADES - MOVABLEPROPERTY LINEAWNING AT WALK-UP WINDOW - ENCROACHMENT PERMIT REQUIREDPLANTERPLANTERROOF @ ELEVATOR MACHINE ROOM BELOWELEVATOR1/2" / 12"1" / 12"OPEN TO TRASH AREA BELOWNORTHVIEW DECKSEATING(NON-DINING)VIEW DECKDINING(REFER TOSHEET A9)Brian Church Architecture1650 Camino Del MarBuilding BDel Mar, CA 92014(858) 793-3437DATE:SHEETOFSCALE:SUBMITTALS/REVISIONSSTATE OFCALIFORNIABRIANCHURCHLICENSEDARCHITECTREN.DATE:09/30/15C-22,251PRELIMINARY DESIGN PLANS 1/8" = 1'-0"3/16/2015 3:46:10 PMA3SECOND FLOOR VIEW DECK PLAN03/16/15EL CORRAL3040 CARLSBAD BOULEVARD 1/8" = 1'-0"SECOND FLOOR / VIEW DECK
WALK-UP WINDOWSTEEL TRELLISSERVICE COUNTERSHADE SYSTEMGREEN WALLBICYCLE PARKINGELEVATORBrian Church Architecture1650 Camino Del MarBuilding BDel Mar, CA 92014(858) 793-3437DATE:SHEETOFSCALE:SUBMITTALS/REVISIONSSTATE OFCALIFORNIABRIANCHURCHLICENSEDARCHITECTREN.DATE:09/30/15C-22,251PRELIMINARY DESIGN PLANS 1/8" = 1'-0"3/16/2015 3:46:21 PMA4ELEVATIONS03/16/15EL CORRAL3040 CARLSBAD BOULEVARD 1/8" = 1'-0"NORTH 1/8" = 1'-0"EAST 1/8" = 1'-0"WEST - FRONT 1/8" = 1'-0"SOUTHVIEW DECK
LEVEL 1 SEATING AREA0' - 0"Existing roof9' - 0"2A5VIEW DECK SEATING AREA13' - 6"ROOF - TOP22' - 6"ROOF - TOP22' - 6"23' - 8"LEVEL 1 SEATING AREA0' - 0"Existing roof9' - 0"1A5VIEW DECK SEATING AREA13' - 6"ROOF - TOP22' - 6"Brian Church Architecture1650 Camino Del MarBuilding BDel Mar, CA 92014(858) 793-3437DATE:SHEETOFSCALE:SUBMITTALS/REVISIONSSTATE OFCALIFORNIABRIANCHURCHLICENSEDARCHITECTREN.DATE:09/30/15C-22,251PRELIMINARY DESIGN PLANS 1/4" = 1'-0"3/16/2015 3:46:25 PMA5SECTIONS03/16/15EL CORRAL3040 CARLSBAD BOULEVARD 1/4" = 1'-0"A51 1/4" = 1'-0"A52
UP415 SFDELI TO GO942 SFPREP KITCHEN1461 SFINDOOR SEATING374 SFRESTROOMS314 SFTRASH433 SFGAMES LAWN362 SFEXHIBITION KITCHEN - BBQ253 SFFOUNTAIN151 SFSNACK BAR59 SFELEVATOR MACHINE ROOM64 SFOFFICE82 SFOUTDOOR SEATING A69 SFOUTDOOR COUNTER DINING263 SFOUTDOOR SEATING C448 SFOUTDOOR SEATING BSERVICE COUNTERTREEGRASS AREAPLANTER363 SFOUTDOOR SEATING D574 SFCIRCULATION151 SFCIRCULATIONLANDSCAPELAND-SCAPE136 SFSNACK BAR199 SFVIEW DECK DINING1144 SFVIEW DECKBrian Church Architecture1650 Camino Del MarBuilding BDel Mar, CA 92014(858) 793-3437DATE:SHEETOFSCALE:SUBMITTALS/REVISIONSSTATE OFCALIFORNIABRIANCHURCHLICENSEDARCHITECTREN.DATE:09/30/15C-22,251PRELIMINARY DESIGN PLANS 1/8" = 1'-0"3/16/2015 3:46:27 PMA9SEATING AREA PLANS03/16/15EL CORRAL3040 CARLSBAD BOULEVARD 1/8" = 1'-0"1LEVEL 1 SEATING AREASEATING AREA SCHEDULENAME INDOOR OUTDOOR TOTALINDOOR SEATING1,461 SF1,461 SFOUTDOOR SEATING A82 SF82 SFOUTDOOR SEATING B448 SF448 SFOUTDOOR SEATING C263 SF263 SFOUTDOOR SEATING D363 SF363 SFOUTDOOR COUNTER DINING69 SF69 SFVIEW DECK DINING199 SF199 SFGrand total: 71,461 SF 1,424 SF2,885 SF 1/8" = 1'-0"2VIEW DECK SEATING AREASEATING AREA NOTES:1.COUNTER DINING AREAS TOTAL 133 SF, WHICH IS LESS THAN 5% OFTOTAL DINING AREA2.OUTDOOR DINING AREA IS LESS THAN INDOOR DINING AREA