HomeMy WebLinkAboutSDP 2021-0030; STATE AND OAK; Admin Decision LetterMay 19, 2022
('Cityof
Carlsbad
EJ FI L E C O : '!
m~;t-<J s/zo/22
Michele Conard & Dustin Hauck
4888 Ronson Court, Suite F
San Diego, CA 92111
SUBJECT: SDP 2021-0030 (DEV2021-0266)-STATE AND OAK-Request for approval of a Minor Site
Development Plan (SOP 2021-0030) for the conversion of an existing 1,412-square-foot
retail/commercial business suite to a restaurant on the first floor of a mixed-use building.
The change in use will increase the number of required off-street parking spaces by one
space. The applicant will satisfy this requirement by paying a fee for one in-lieu parking
space pursuant to the Village and Barrio Master Plan Parking In-Lieu Fee Program. The
subject property is located at 3068 State Street, Suite 100, in the Village Center (VC)
District of the Village and Barrio Master Plan (VB) and Local Facilities Management Zone
1.
Dear Ms. Conard and Mr. Hauck,
The City Planner has completed a review of your application for a Minor Site Development Plan SOP 2021-
0030 for the conversion of an existing 1,412-square foot retail/commercial business suite to a restaurant
on the first floor of a mixed-use building located at 3068 State Street, Suite 100. The change in use will
increase the number of required off-street parking spaces by one space. The applicant will satisfy this
requirement by paying a fee for one in-lieu parking space pursuant to the Village and Barrio Master
Plan Parking In-Lieu Fee Program. A notice was sent to property owners within a 300-foot radius of the
subject property requesting comments regarding the above request. No comments were received within
the ten-day notice period (ending on April 2, 2022). After careful consideration of the circumstances
surrounding this request, the City Planner has made a decision pursuant to Section 21.06.070 of the City
of Carlsbad Municipal Code to APPROVE this request based on the following findings and subject to the
conditions listed below.
Findings:
Minor Site Development Plan
1. That the proposed development or use is consistent with the general plan and any applicable master
plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the Carlsbad
Municipal Code, and all other applicable provisions of this code; in that a restaurant is a permitted
use in the Village Center (VC) district of the Village and Barrio Master Plan. The conversion of the
retail use to a restaurant is permitted with approval of a minor site development plan pursuant to
Section 6.3.3A(1)(f) of the Village and Barrio Master Plan.
Community Development Department
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov
SOP 2021-0030 (DEV2021-0266}-STATE AND OAK
May 19, 2022
Page 2
2. That the requested development or use is properly related to the site, surroundings and
environmental settings, will not be detrimental to existing development or uses or to development or
uses specifically permitted in the area in which the proposed development or use is to be located, and
will not adversely impact the site, surroundings or traffic circulation; in that the intensification in use
to convert a retail/commercial business suite to a restaurant is compatible with the nearby
restaurant and retail uses and will not require major improvements to the existing building. The
requested restaurant use will not adversely impact the site since it is currently developed with a
four-story mixed-use building consisting of 14 residential units, 13 timeshare units, 4,529 square
feet of commercial and an enclosed at-grade parking garage. Lastly, the traffic circulation will not
be impacted by the use. The proposed restaurant requires one additional parking stall and qualifies
for participation in the Parking In-Lieu Fee Program.
3. That the site for the intended development or use is adequate in size and shape to accommodate the
use; in that the existing retail/commercial business use is approximately 1,412 square feet and no
• major alterations are required to accommodate the conversion to a restaurant. A restaurant use is
permitted in the VC district of the Village and Barrio Master Plan. One additional parking space is
required for the change in use. The requirement will be satisfied through participation in the
Parking In-Lieu Fee Program, with findings made below.
4. That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the
requested development or use to existing or, permitted future development or use in the
neighborhood will be provided and maintained; in that the proposed intensification of use is within
an existing building that currently meets the development standards of the VC District. No
additional square footage is proposed since the footprint of the restaurant is within an existing
tenant space. One additional parking space is required for the change in use from retail to a
restaurant. As there are no excess parking spaces onsite to accommodate the intensification in use,
the purchase of one parking space through participation in the Parking In-Lieu Fee Program is
requested to meet the parking requirements.
5. That the street system serving the proposed development or use is adequate to properly handle all
traffic generated by the proposed use; in that the Minor Site Development Plan complies with the
development standards of the Village Center District. The surrounding streets, which are fully
improved, have adequate capacity to accommodate the increase of 85 average daily trips generated
by the project.
6: That the City Planner has determined that the project belongs to a class of projects that the State
Secretary for Resources has found do not have a significant impact on the environment, and it is
therefore categorically exempt from the requirement for the preparation of environmental
documents pursuant to Section 15303(c} -New Construction or Conversion of a Small Structures of
the state CEQA Guidelines. In making this determination, the City Planner has found that the
exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project.
7. That the request for a Minor Site Development Plan (SDP 2021-0030} was adequately noticed at least
ten (10) calendar days before the date of this decision pursuant to Section 21.54.060 of the Carlsbad
Municipal Code.
SDP 2021-0030 (DEV2021-0266)-STATE AND OAK
May 19, 2022
Page 3
8. 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.
Parking:
9. The Developer/Property owner qualifies to participate in the Parking In-Lieu Fee Program and
participation in the program will satisfy the requirement for one parking space for the project.
Justification for participation in the Parking In-Lieu Fee Program is contained in the following
requirements and findings:
a. That the Parking In-Lieu Fee Program shall be applicable only to non-residential uses in specific
areas east of the railroad corridor, in that the use is non-residential, the property is located east
of the railroad tracks and within the area eligible for the parking in-lieu fee program as depicted
on Figure 2-3 of the Village and Barrio Master Plan and within the Village Center (VC} District.
b. Only non-residential uses in the VC District (east of the railroad tracks only) and in the VG, FC and
PT districts are eligible to participate in Parking In-Lieu Fee Program, in that the proposed use is
non-residential and is located east of the railroad tracks in the VC District.
c. The average occupancy of off-street public parking spaces within a quarter mile radius of the
property boundaries of use requesting to pay the In-Lieu Fee shall be under 85 percent based on
the most recent city-authorized parking study or other information determined acceptable by the
city planner, in that based on the most recent data available (August of 2021), which includes
the results of the parking study completed (weekday and weekend), the maximum average
occupancy of the public off-street lots located within a quarter mile radius was approximately
39.3 percent.
d. The In-Lieu payment shall always be made for a whole parking space, in that the applicant
proposes to purchase one (1) parking in-lieu fee.
e. Fee payment shall not result in a reserved parking space or spaces, in that no spaces are proposed
to be reserved.
f. That the use complies with the program's participation restrictions, in that it complies with the
above-noted participation requirements a through e.
g. That adequate off-street public parking is available to accommodate the project's parking
demand, based on the city's most recent city-authorized parking study or other information, in
that there are over 600 public off-street parking spaces within a quarter mile of the property.
Based on the most recent data available, which includes the results of the parking study
completed in August of 2021 (weekday and weekend), the maximum average occupancy of the
public off-street lots located within a quarter mile radius was 33. 7 percent for weekday average,
6 AM -9PM, and 39.3 percent for weekend average, 6 AM -9 PM. This maximum average
occupancy allows for the continued implementation of the parking in-lieu fee program because
it is less than the average 85 percent threshold for maximum utilization set by the City Council.
Therefore, adequate parking is available within the Village to accommodate the project's
parking demands.
SDP 2021-0030 (DEV2021-0266)-STATE AND OAK
May 19, 2022
Page4
h. That the In-Lieu Fee Program has not been suspended or terminated by the City Council, in that
the In-Lieu Fee Program remains in effect.
Conditions:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to building permit.
1. Approval is granted for SDP 2021-0030 as shown on Exhibits "A" -C" dated May 19, 2022 on file in
the Planning Division and incorporated herein by reference. Development shall occur substantially as
shown unless otherwise noted in these conditions.
2. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and
maintained over time, if any of such conditions fail to be so implemented and maintained according
to their terms, the city shall have the right to revoke or modify all approvals herein granted; deny or
further condition issuance of all future building permits; deny, revoke, or further condition all
certificates of occupancy issued under the authority of approvals herein granted; record a notice of
violation on the property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer or a
successor in interest by the city's approval of this Minor Site Development Plan.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Minor Site Development Plan documents, as necessary to make them internally
consistent and in conformity with the final action on the project. Development shall occur
substantially as shown on the approved Exhibits. Any proposed development, different from this
approval, shall require an amendment to this approval.
4. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations
in effect at the time of building permit issuance.
5. If any condition for construction of any public improvements or facilities, or the payment of any fees
in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this
approval shall be suspended as provided in Government Code Section 66020. If any such condition is
determined to be invalid, this approval shall be invalid unless the City Council determines that the
project without the condition complies with all requirements of law.
6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless
the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and
against any and all liabilities, losses, damages, demands, claims and costs, including court costs and
attorney's fees incurred by the city arising, directly or indirectly, from (a) City's approval and issuance
of this Minor Site Development Plan, (b) City's approval or issuance of any permit or action, whether
discretionary or nondiscretionary, in connection with the use contemplated herein, and (c)
Developer/Operator's installation and operation of the facility permitted hereby, including without
limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or
other energy waves or emissions. This obligation survives until all legal proceedings have been
concluded and continues even if the city's approval is not validated.
SDP 2021-0030 (DEV2021-0266)-STATE AND OAK
May 19, 2022
Page 5
7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division
from the Carlsbad School District that this project has satisfied its obligation to provide school
facilities.
8. 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.
9. Building permits will not be issued for this project unless the local agency providing water and sewer
services to the project provides written certification to the city that adequate water service and sewer
facilities, respectively, are available to the project at the time of the application for the building
permit, and that water and sewer capacity and facilities will continue to be available until the time of
occupancy.
10. Prior to the issuance of the building permit, Developer shall submit to the city a Notice of Restriction
to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying
all interested parties and successors in interest that the City of Carlsbad has issued a Minor Site
Development Plan on the property. Said Notice of Restriction shall note the property description,
location of the file containing complete project details and all conditions of approval as well as any
conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the
authority to execute and record an amendment to the notice which modifies or terminates said notice
upon a showing of good cause by the Developer or successor in interest.
11. Prior to issuance of the building permit, the Developer shall enter into a Parking In-Lieu Fee
Participation Agreement and pay the established Parking In-Lieu Fee for one (1) parking space. The
fee shall be the total of the fee per parking space in effect at the time of the building permit issuance
multiplied by the number of parking spaces needed to satisfy the project's parking requirement (1
space total).
12. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed
from view and the sound buffered from adjacent properties and streets, in substance as provided in
Building Department Policy No. 80-6, to the satisfaction of the Directors of Community and Economic
Development Department and Planning.
13. This approval shall become null and void if building permits are not issued for this project within 24
months from the date of project approval.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following code requirements:
14. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
15. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management fee for
Zone 1 as required by Carlsbad Municipal Code Section 21.90.050.
SDP 2021-0030 {DEV2021-0266}-STATE AND OAK
May 19, 2022
Page 6
16. 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.
17. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title
24 of the California Building Code.
18. Developer acknowledges that the project is required to comply with the city's greenhouse gas (GHG)
reduction ordinances and requirements. GHG reduction requirements are in accordance with, but are
not limited to, Carlsbad Municipal Code Chapters 18.21, 18.30, and 18.51 in addition to the California
Green Building Standards Code (CCR, Title 24, Part 11 -CALGreen), as amended from time to time.
GHG reduction requirements may be different than what is proposed on the project plans or in the
Climate Action Plan Checklist originally submitted with this project. Developer acknowledges that
new GHG reduction requirements related to energy efficiency, photovoltaic, electric vehicle charging,
water heating and traffic demand management requirements as set forth in the ordinances and codes
may impact, but are not limited to, site design and local building code requirements. If incorporating
GHG reduction requirements results in substantial modifications to the project, then prior to issuance
of development (grading, building, etc.) permits, Developer may be required to submit and receive
approval of a Consistency Determination or Amendment for this project through the Planning
Division. Compliance with the applicable GHG reduction requirements must be demonstrated on or
with the construction plans prior to issuance of the applicable development permits.
19. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of
the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area shown
on the site plan are for planning purposes only.
SDP 2021-0030 (DEV2021-0266)-STATE AND OAK
May 19, 2022
~age 7
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."
You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and
file the protest and any other required information with the City Manager for processing in accordance
with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any
subsequent legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute
of limitations has previously otherwise expired.
This decision may be appealed by you or any other member of the public to the Planning Commission
within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division
at 1635 Faraday Avenue in Carlsbad, along with a payment of $876.00. The filing of such appeal within
such time limit shall stay the effective date of the order of the City Planner until such time as a final
decision on the appeal is reached. If you have any questions regarding this matter, please feel free to
contact Lauren Yzaguirre at (442) 339-2634.
Sincerely,
CLIFF JONES
Principal Plann~r
CJ:LY:cf
c: David Rick, Project Engineer
Don Neu, City Planner
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