HomeMy WebLinkAboutSDP 2022-0002; 3060 STATE STREET RESTAURANT; Admin Decision LetterBFILE COPY
{"city of
Carlsbad
October 14, 2022
Kirk Moeller
2888 Loker Ave. E., Suite 220
Carlsbad, CA 92010
SUBJECT: SDP 2022-0002/CDP 2022-0003 (DEV2021-0052) -3060 STATE STREET RESTAURANT -
Request for approval of a Minor Site Development Plan (SOP 2022-0002) and Minor
Coastal Development Permit (CDP 2022-0003) for the conversion of two existing
structures (863 square feet and 310 square feet) to facilitate a new restaurant use,
located at 3060 State Street within the Village Center (VC) District of the Village and Barrio
Master Plan and Local Facilities Management Zone 1. The project also creates three onsite
parking spaces accessed from a rear alley and includes participation in the Parking In-Lieu
Fee Program to purchase five (5) parking spaces through in-lieu parking fees.
Dear Mr. Moeller,
The City Planner has completed a review of your application for Minor Site Development Plan, SOP 2022-
0002, and Minor Coastal Development Permit, CDP 2022-0003, as described above. A notice was sent to
property owners within a 300-foot radius of the subject property and all occupants within a one-hundred-
foot radius of the subject property requesting comments regarding the above request. No comments were
received within the ten-day notice period (ending on October 3, 2022). After careful consideration of the
circumstances surrounding this request, the City Planner has made a decision pursuant to Sections
21.06.070 and Chapters 21.201-21.203 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, SDP 2022-0002
1. That the proposed development or use is consistent with the general plan and any applicable master
plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the Carlsbad
Municipal Code, and all other applicable provisions of this code; in that the project consists of an
intensification in use to convert two existing structures (863 square feet and 310 square feet) to
facilitate a new restaurant use. This project complies with the applicable provisions of the Village
and Barrio Master Plan's (VBMP) Village Center (VC} District and Carlsbad Municipal Code Chapter
21.06 as the use is permitted and proposes to participate within the Parking In-Lieu Program for the
purchase of five (5) parking spaces.
Community Development Department
Planning Division j 1635 Faraday Avenue Carlsbad, CA 92008-7314 j 442-339-2600 www.carlsbadca.gov
SOP 2022-0002/CDP 2022-0003 (DEV2021-0052) -3060 STATE STREET RESTAURANT
October 14, 2022
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2. That the requested development or use is properly related to the site, surroundings and
environmental settings, will not be detrimental to existing development or uses or to development or
uses specifically permitted in the area in which the proposed development or use is to be located, and
will not adversely impact the site, surroundings or traffic circulation; in that the proposed restaurant
is consistent with the surrounding uses and buildings. The proposed use will not be detrimental to
the existing site or facilities and is considered a permitted use in the Village Center (VC) District of
the Village and Barrio Master Plan. The conversion of use (commercial/retail to restaurant) is an
intensification of onsite parking requiring eight parking spaces total. As a result, three parking
spaces area being created onsite and five (5) parking spaces will be purchased through the project's
participation in the Parking-In-Lieu Fee Program, with findings made below. Lastly, the project will
not adversely impact traffic circulation.
3. That the site for the intended development or use is adequate in size and shape to accommodate the
use; in that the existing structures provide approximately 1,173 square feet of internal floor space
and, with the inclusion of up to 726 square feet of outdoor dining areas, can accommodate the site
conversion into a restaurant use. A restaurant use is a permitted use in the Village Center (VC)
District of the Village and Barrio Master Plan and required parking spaces are provided onsite and
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 project is a conversion of use
that will occupy existing buildings that are in compliance with the Village Center (VC) District of the
Village and Barrio Master Plan.
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 and Minor Coastal
Development Permit complies with the development standards of the Village Center (VC) District
of the Village and Barrio Master Plan. The surrounding streets, which are fully improved, have
adequate capacity to accommodate the increase of average daily trips that may be generated by a
restaurant use.
Minor Coastal Development Permit, CDP 2022-0003
6. That the proposed development is in conformance with the Village and Barrio Segment of the
Certified Local Coastal Program (LCP) and all applicable policies in that the proposed restaurant use,
as discussed in the above findings, is consistent with the Village and Barrio Master Plan, which
serves as the Certified Local Coastal Program for the City of Carlsbad Village and Barrio Segment of
the California Coastal Zone. The proposed project will not obstruct views of the coastline as seen
from public lands or the public right-of-way, nor otherwise damage the visual beauty of the coastal
zone. No agricultural uses currently exist on the site, nor are there any sensitive resources located
on the property. The project site is not located in an area of known geologic instability or flood
hazard. The site is not located adjacent to the coast, and therefore no public opportunities for
coastal shoreline access are available from the subject site. The site is not suited for water-oriented
recreation activities.
SOP 2022-0002/CDP 2022-0003 (DEV2021-0052) -3060 STATE STREET RESTAURANT
October 14, 2022
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7. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal
Act in that the site is not located adjacent to the shore. Therefore, the project will not interfere with
the public's right to physical access to the sea; and furthermore, is not suited for water-oriented
recreation activities. The project is consistent with Coastal Act Section 30222 to prioritize the use
of private land to enhance public opportunities for visitor-serving commercial coastal recreation
uses.
8. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter
21.203 of the Zoning Ordinance) in that the project will adhere to the city's Master Drainage Plan,
Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff
Management Program (JRMP} to avoid increased urban runoff, pollutants, and soil erosion. No
steep slopes or native vegetation is located on the subject property and the site is not located in an
area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction.
9. The project is not located between the sea and the first public road parallel to the sea and, therefore,
is not subject to the provisions of the Coastal Shoreline Development Overlay Zone {Chapter 21.201
of the Zoning Ordinance).
Parking In-Lieu Fee Program
10. The Developer/Property owner qualifies to participate in the Parking In-Lieu Fee Program and
participation in the program will satisfy the parking requirements for the project. Justification for
participation in the Parking In-Lieu Fee Program is contained in the following requirements and
findings:
a. That the Parking In-Lieu Fee Program shall be applicable only to non-residential uses in specific
areas east of the railroad corridor, in that the use is non-residential, 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 Village Center (VC) District of the
Village and Barrio Master Plan.
c. The average occupancy of off-street public parking spaces within a quarter mile radius of the
property boundaries of use requesting to pay the In-Lieu Fee shall be under 85 percent based on
the most recent city-authorized parking study or other information determined acceptable by the
City Planner, in that based on the most recent data available (August of 2021), which includes
the results of the parking study completed (weekday and weekend), the maximum average
occupancy of the lots located within a quarter mile radius was approximately 80 percent.
d. The In-Lieu payment shall always be made for a whole parking space, in that the applicant
proposes to purchase five (5) parking in-lieu fee.
SDP 2022-0002/CDP 2022-0003 (DEV2021-0052) -3060 STATE STREET RESTAURANT
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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.
g. That adequate off-street public parking is available to accommodate the project's parking
demand, based on the city's most recent city-authorized parking study or other information, in
that the public parking lots supply over 300 parking spaces within a quarter of a mile of the
property. Based on the most recent data available, which includes the results of the parking
study completed in August of 2021 (weekday and weekend), the maximum average occupancy
of the lots located within a quarter mile radius was less than 80 percent (weekday average, 6
AM -9PM). This maximum average occupancy allows for the continued implementation of the
parking in-lieu fee program because it is less than the average 85 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.
h. That the In-Lieu Fee Program has not been suspended or terminated by the City Council, in that
the In-Lieu Fee Program remains in effect.
General
11. 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.
12. That the request for a Minor Site Development Plan (SOP 2022-0002} and Minor Coastal
Development Permit (CDP 2022-0003) 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.
13. The City Planner has reviewed each of the exactions imposed on the Developer contained in this
approval letter, and hereby finds, in this case, that the exactions are imposed to mitigate impacts
caused by or reasonably related to the project, and the extent and the degree of the exaction is in
rough proportionality to the impact caused by the project.
Conditions:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a building
permit.
1. Approval is granted for SOP 2022-0002/CDP 2022-0003 as shown on Exhibits "A" -"L" dated October
14, 2022, on file in the Planning Division and incorporated herein by reference. Development shall
occur substantially as shown unless otherwise noted in these conditions.
SOP 2022-0002/CDP 2022-0003 (DEV2021-0052)-3060 STATE STREET RESTAURANT
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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 and Minor Coastal
Development Permit.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Minor Site Development Plan and Minor Coastal Development Permit
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 and Minor Coastal Development Permit, (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.
7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division
from the Carlsbad Unified School District that this project has satisfied its obligation to provide school
facilities.
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.
SDP 2022-0002/CDP 2022-0003 (DEV2021-0052) -3060 STATE STREET RESTAURANT
October 14, 2022
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9. Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy #17, the License
Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special
tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040.
Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to
Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are
notpaid, this approval will not be consistent with the General Plan and shall become void.
10. 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 and Minor Coastal
Development Permit 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. The project is subject to the Prescriptive Compliante Option (PCO) of the City of Carlsbad's Landscape
Manual. Developer shall construct and install all landscaping and irrigation as shown on the PCO plan
approved as part of this project and on file in the Planning Division. Prior to issuance of a building
permit, Developer shall submit an application pursuant to the landscape plan check process on file in
the Planning Division; however, no landscape plans are required, and Developer shall only be
responsible to pay the landscape inspection fee, with said application. The approved PCO plan will be
utilized by the city as part of the project's final inspection process.
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 Division Policy No. 80-6, to the satisfaction of the Directors of Community Development and
Planning.
13. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required,
the Developer shall submit and obtain approval of the Fire Chief and the City Planner of an Outdoor
Storage Plan, and thereafter comply with the approved plan.
14. Prior to issuance of a Certificate of Occupancy, the Developer shall enter into a Parking In-Lieu Fee
Participation Agreement and pay the established Parking In-Lieu Fee for five (5) 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
(five (5) spaces total).
15. A building permit is required for the existing unpermitted structure in the rear of the property.
16. Consistent with Section 2.6.6 of the Village Barrio Master Plan, the total area dedicated to outdoor
seating shall not exceed the total area dedicated to indoor seating.
17. 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.
SDP 2022-0002/CDP 2022-0003 (DEV2021-0052)-3060 STATE STREET RESTAURANT
October 14, 2022
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Engineering:
General
18. Prior to hauling dirt or construction materials to or from any proposed construction site within this
project, developer shall apply for and obtain approval from, the City Engineer for the proposed haul
route.
19. This project is approved upon the express condition that building permits will not be issued for the
development of the subject property unless the District Engineer has determined that adequate water
and sewer facilities are available at the time of permit issuance and will continue to be available until
time of occupancy.
20. Property owner shall maintain all landscaping (street trees, tree grates, shrubs, groundcover, etc.) and
irrigation along the parkway frontage with State Street as shown on the Site Plan.
21. A building permit is required for the existing unpermitted structure in the rear of the property.
Please note that a Trash Capture Storm Water Quality Management Plan (TCSWQMP) will be
associated with this permit.
Fees/ Agreements
22. Developer shall cause property owner to submit an executed copy to the City Engineer for recordation
a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement.
Storm Water Quality
23. 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.
24. This project is subject to Trash Capture requirements. Developer shall prepare and process a Trash
Capture Storm Water Quality Management Plan (TCSWQMP), subject to City Engineer approval, to
comply with the Carlsbad BMP Design Manual latest version. The final TCSWQMP required by this
condition shall be reviewed and approved prior to building permit issuance and the building plans
for the unpermitted structure shall include trash capture details. Developer shall pay all applicable
SWQMP plan review and inspection fees per the city's latest fee schedule.
25. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc.) incorporate all source control, site design, trash capture BMP
and applicable hydromodification measures.
SD-P 2022-0002/CDP 2022-0003 (DEV2021-0052)-3060 STATE STREET RESTAURANT
October 14, 2022
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Dedications/Improvements
26. Developer shall design the private drainage systems, as shown on the site plan to the satisfaction of
the City Engineer. All private drainage systems (12" diameter storm drain and larger) shall be
inspected by the city. Developer shall pay the standard improvement plan check and inspection fees
for private drainage systems.
27. Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain a right-
of-way permit to the satisfaction of the City Engineer.
28. Developer shall prepare and process public improvement plans and, prior to City Engineer approval
of said plans, shall execute a city standard development Improvement Agreement to install and shall
post security in accordance with C.M.C. Section 20.16.070 for public improvements shown on the site
plan. Said improvements shall be installed to city standards to the satisfaction of the City Engineer.
These improvements include, but are not limited to:
A. Sidewalk
B. Street Tree
C. Sidewalk Underdrain
Developer shall pay the standard improvement plan check and inspection fees in accordance with the
fee schedule. Improvements listed above shall be constructed within 36 months of approval of the
subdivision or development improvement agreement or such other time as provided in said
agreement.
29. Developer is responsible to ensure utility transformers or raised water backflow preventers that serve
this development are located outside the right-of-way as shown on the site plan and to the
satisfaction of the City Engineer. These facilities shall be constructed within the property.
Utilities
30. Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire
hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed,
shall be considered public improvements, and shall be served by public water mains to the satisfaction
of the District Engineer.
31. Developer shall design and agree to construct public facilities within public right-of-way or within
minimum 20-foot-wide easements granted to the district or the City of Carlsbad. At the discretion of
the District or City Engineer, wider easements may be required for adequate maintenance, access
and/or joint utility purposes.
32. The developer shall agree to design landscape and irrigation plans utilizing recycled water as a source
and prepare and submit a colored recycled water use map to the Planning Division for processing and
approval by the District Engineer.
SDP 2022-0002/CDP 2022-0003 (DEV2021-0052) -3060 STATE STREET RESTAURANT
October 14, 2022
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33. Developer shall install potable water and/or recycled water services and meters at locations approved
by the District Engineer. The locations of said services shall be reflected on public improvement plans.
Code Reminders:
34. 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.
35. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of
the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area
contained in the staff report and shown on the site plan are for planning purposes only.
36. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section
17.04.060.
37. Any signs proposed for this development shall at a minimum be designed in conformance with the
Village and Barrio Master Plan and shall require review and approval of the City Planner prior to
installation of such signs.
SDP 2022-0002/CDP 2022-0003 (DEV2021-0052) -3060 STATE STREET RESTAURANT
October 14, 2022
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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 Kyle
Van Leeuwen at (442) 339-2611.
Sincerely,
11!:~
Principal Planner
CJ:KVL:JC
c: Nichole Fine, Project Engineer
Eric Lardy, City Planner
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