HomeMy WebLinkAboutCD 2024-0015; THE FORUM - PATIO REALLOCATION OF GROSS LEASING AREA; Admin Decision LetterJuly 24, 2024
Ccityof
Carlsbad
Marcela Escobar-Eck
Atlantis Group
Suite 220
2488 Historic Decatur Road
San Diego, CA 92101
SUBJECT: CD 2024-0015 {DEV12010)-THE FORUM-PATIO REALLOCATION OF GROSS LEASING AREA
D~ar Marcela Escobar-Eck,
The City Planner has completed a review of your application for Consistency Determination, CD 2024-
0015, which is a modification to Site Development Plan, SOP 00-10, to add an outdoor dining patio area
to a tenant space at The Forum shopping center. The request proposes to decommission 3,326 square
feet of gross leasing area to create a 2,690-square-foot patio space for a restaurant's outdoor dining area.
A portion of the proposed patio area will replactrfive parking spaces. The shopping center consists of an
18.19-acre site located south and east of Calle Barcelona, west of El Camino Real, within the Green Valley
Master Plan {MP 92-01), in the Planned-Community (P-C) Zone with an underlying zoning of General
Commercial (C-2), and in Local Facilities Management Zone 23.
After careful consideration of the request, the City Planner has determined that the request meets all of
the findings below and APPROVES this request. The proposed modifications include:
• A proposed 2,690-square-foot outdoor dining patio to 1935 Calle Barcelona, Suite 170.
• A portion of the proposed patio will occupy five existing parking spaces that
provide parking at ratio of 1 space per 200 square feet, or parking for 1,000
square feet of gross leasing area to be removed.
• 400 square feet of the outdoor dining patio is exempt from additional parking
requirements pursuant to Carlsbad Municipal Code (CMC) Section 21.26.013{C)(7
& 9).
• A total decommissioning of 3,326 square feet of gross leasing area.
• The 2,690-square-foot patio -400 square feet of dining area to be exempt+
parking for 1,000 square feet of gross leasing area to be removed= A minimum
of 3,290 square feet of gross leasing area required to be decommissioned.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92.008-7314 I 442-339-2600
CD 2024-0015 (DEV12010)-THE FORUM -PATIO REALLOCATION OF GROSS LEASING AREA
July 24, 2024
Pa e2
In order for a Discretionary Permit Consrstency Determination to be approved, all of the following findings
must be made:
1) No project condition, feature, facility, or amenity is changed or deleted that had been considered
essential to the project's design, quality, safety, or function in that the 2,690-square-foot outdoor
dining area is a complementary use to The Forum shopping center and is consistent with Site
Development Plan, SDP 0().;10. The outdoor dining area proposes to remove five parking spaces.
The additional dining area, and the removal of the • parking spaces, necessitates the
decommissioning of 3,290 square feet of underutilized retail space. As a result, the project
proposes to decommission 3,326 square feet of gross leasing area.
2) The request represents an upgrade in overall design features and or materials and improves upon
the project's compatibility with the surrounding neighborhood In that adequate parking remains
for The Forum shopping center.
3) The proposed revision does not change the density or boundary ofthe subject property;
4) The proposed revision does not involve the addition of a new land use not shown on the original
permit In that the project entails the addition of an outdoor dining area for a commercial tenant
of The Forum shopping center.
SJ The proposed revision does not rearrange the major land uses within the development.
6} The proposed revision does not create changes of greater than ten percent provided that
comp/lance will be maintained with the applicable development standards of the Carlsbad
Municipal Code In that no additional building area Is proposed and the removal of jive parking
spaces represents less than a ten percent change In the existing number of parking spaces.
Adequate parking Is provided to accommodate the outdoor dining area with the
decommissioning of 3,326 square feet of gross leasing area.
7) The proposed change will not result In any significant environmental impact, and/or require
additional mitigation In that the proposed improvements do not create any inconsistencies or
new Impacts relative to the environmental review process associated with the original project's
approval.
8) The proposed change would not result in any health, safety, or welfare impacts.
9) There were not any major issues or controversies associated with the original project which would
be exacerbated with the proposed change.
10) The proposed change would not be readily discernable to the decision makers as being
substantially different from the project as originally approved in that the overall character of the
center is unchanged from Site Development Plan, SDP 00-10.
Therefore, the City Planner has determined that the application qualifies for a consistency determination
with the approved permit and approves the changes to the project based on Planning Division
Administrative Policy No. 35.
Community Development Department
Planning Division I 1635 Faraday Avenue I carlsbad, CA 92008-7314 I 442-339-2600
CD 2024-0015 (DEV12010)-THE FORUM -PATIO REALLOCATION OF GROSS LEASING AREA
July 24, 2024
Pa e 3
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 NOilFIED 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 $900. 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 your project planner, Edward
Valenzuela at 442-339-2624.
CITY OF CARLSBAD
ERIC LARDY, AICP
City Planner
EL:EV:cf
c: Jim Geskey, 1819 Wazee Street, Denver, CO 80202
Jason Geldert, Project Engineer
Laserfiche/File Copy
Data Entry
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600