HomeMy WebLinkAboutSDP 2019-0008; STATE STREET COMMONS; Admin Decision LetterFebruary 10, 2020
Brendan Foote
Suite 100
2659 State Street
Carlsbad, CA 92008
FILE ~ Z-·/6. 2-o
C_cicyof
Carlsbad
SUBJECT: SDP 2019-0008 (DEV2019-0048)-STATE STREET COMMONS-Request for approval of a
Minor Site Development Plan (SDP 2019-0008) to allow the addition of4,211 square feet
to three existing retail buildings totaling 19,044 square feet, an exterior and interior
remodel and renovation, and the addition of two new uses (office and restaurant) to an
existing retail use on a 0.71-acre site located at 2742-2752 State Street, in the Village
Center (VC) District of the Village and Barrio Master Plan and within Local Facilities
Management Zone 1.
Dear Mr. Foote,
The City Planner has completed a review of your application for Minor Site Development Plan
SDP 2019-0008 located at 2742-2752 State Street. 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 (ended on January 14, 2020). 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:
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 the project consists of 4,211 square feet of additions to three existing buildings, an
exterior and interior remodel and renovation, and the addition of two new uses, office
and restaurant, to an existing retail use. The project is located within the Village and
Barrio Master Plan, Village Center (VC) District, which encourages mixed-use
development and commercial frontage. The project meets the intent of the District by
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8560 fax
SDP 2019-0008 (DEV2019-0048)-STATE STREET COMMONS
February 10, 2020
Page 2
being a mixed-use dev;;j,en~ l~ag commercial frontage and providing
workplaces in a walkable erwtte.,d;~ f.1
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 project consists of 4,211 square feet of additions to three
existing buildings, an exterior and interior remodel and renovation, and the addition of
two new uses, office and restaurant, to an existing retail use. The requested
development and uses are properly related to the site because it is located within the
Village Center (VC) District of the Village and Barrio Master Plan (VBMP), which
encourages mixed-use development. In addition, the project will create a corridor of
continuous commercial street frontage, and provide onsite workplaces, all of which
meets the intent of the VC District. The project is an intensification in use; however,
hours of peak occupancy between the uses are varied, dispersing the traffic circulation
of the area.
3. That the site for the intended development or use is adequate in size and shape to
accommodate the use, in that the project complies with all development standards of
the Village Center (VC) District including setbacks, lot coverage, and height limit without
any requests for standards modifications.
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
will renovate the shell of three existing buildings within the existing building footprint,
including removal of a portion of the building frontage and floor area, and will add
second floor office floor area in the Village Center (VC) District of the VBMP. A shared
parking analysis was conducted of the varying peak hours for occupancy of the uses in
conjunction with a Transportation Demand Management program prepared by Urban
Systems, Inc., concluding that onsite parking could be reduced by 40 percent. Moreover,
the change of use for existing portions of the building require 50 percent of the parking
spaces associated with the intensification per the VBMP. As a result of the foregoing,
the total parking requirement for the project is 42 parking spaces. The site provides 35
parking spaces at the rear of the buildings. Seven (7) parking in-lieu fees will be
purchased to satisfy the remaining parking requirement for the intensification in use
and added square footage. The project complies with all of the development standards
of the VBMP.
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 surrounding streets have
adequate capacity to accommodate an increase of 329 Average Daily Trips (ADTs)
SDP 2019-0008 (DEV2019-0048) -STATE STREET COMMONS
February 10, 2020
Page 3
generated by the project. In addition, State Street is improved with pavement, curb,
gutter and sidewalks.
Parking
6. 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 project use is non-residential
and the property is located east of the railroad tracks and within the area designated
for the parking in-lieu fee program on Figure 2-3 of the VBMP 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 uses are non-residential and are 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, which includes the results of the parking study completed in August 2018
(weekday and weekend), the maximum average occupancy of the lots located
within a quarter mile radius was 78.9 percent (weekday average, 9 AM -9 PM,
August 2018).
d. The In-Lieu payment shall always be made for a whole parking space, in that the
applicant proposes to purchase seven (7) parking in-lieu fees.
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 a total of five (5) public parking lots and 274 parking spaces
are located within a quarter mile radius of the property. Based on the most recent
data available, which includes the results of the parking study completed in August
SDP 2019-0008 (DEV2019-0048)-STATE STREET COMMONS
February 10, 2020
Page4
2018 (weekday and weekend), the maximum average occupancy of the lots located
within a quarter mile radius was 78.9 percent (weekday average, 9 AM -9PM,
August 2018). This maximum average occupancy allows for the continued
implementation of the parking in-lieu fee program because it is less than the
average 85% 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
7. 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 (CMC), and all other applicable provisions of this
code, in that the proposed project which consists of 4,211 square feet of additions to
three existing buildings, an exterior and interior remodel and renovation, and the
addition of two new uses, office and restaurant, to an existing retail use, is consistent
with the General Plan and satisfies the minimum requirements of the Village and Barrio
Master Plan (VBMP) and Title 21 of the CMC as it relates to the use, parking, access,
public facilities and design.
8. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 1 and all city public facility policies and ordinances.
The project includes elements or has been conditioned to construct or provide funding to
ensure that all facilities and improvements regarding sewer collection and treatment;
water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries;
government administrative facilities; and open space, related to the project will be
installed to serve new development prior to or concurrent with need. Specifically,
a. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
b. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
9. The project has been conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project.
SOP 2019-0008 (DEV2019-0048)-STATE STREET COMMONS
February 10, 2020
Page 5
10. This project has been conditioned to comply with any requirement approved as part of
the Local Facilities Management Plan for Zone 1.
11. That all necessary public facilities required by the Growth Management Ordinance will be
constructed or are guaranteed to be constructed concurrently with the need for them
created by this project and in compliance with adopted city standards.
12. That the project is consistent with the city's Landscape Manual and Water Efficient
Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50).
13. 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 15332 -In-Fill
Development Projects 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.
14. That the request for a Minor Site Development Plan 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.
15. 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 the issuance of
the building permit.
1. Approval is granted for SDP 2019-0008 -STATE STREET COMMONS as shown on Exhibits
"A" -"Q" dated February 10, 2020 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
SDP 2019-0008 (DEV2019-0048)-STATE STREET COMMONS
February 10, 2020
Page 6
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.
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.
9. 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 2019-0008 (DEV2019-0048)-STATE STREET COMMONS
February 10, 2020
Page 7
10. 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.
11. 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 not paid, this approval
will not be consistent with the General Plan and shall become void.
12. 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.
13. The project is subject to the Prescriptive Compliance 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 plancheck 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.
14. 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 Development and Planning.
15. No outdoor storage of materials shall occur on site 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.
SOP 2019-0008 (DEV2019-0048)-STATE STREET COMMONS
February 10, 2020
Page 8
16. 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
seven (7) parking spaces. 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 (7 spaces total).
Engineering:
General
17. 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.
18. Developer shall comply with the Transportation Demand Management ordinance per
Carlsbad Municipal Code section 18.51. Prior to building permit issuance, the Developer
shall submit a Tier 2 Transportation Demand Management Plan to the satisfaction of the
city engineer.
19. The developer shall install the following transportation demand management
infrastructure measures, in accordance with the project transportation demand
management plan, to the satisfaction of the City Engineer:
a. Public bicycle racks
b. Bicycle repair station
c. CarpoolNanpool parking space
Storm Water Quality
20. 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.
SOP 2019-0008 (DEV2019-0048)-STATE STREET COMMONS
February 10, 2020
Page 9
21. Developer shall complete and submit to the city engineer a Determination of Project's
SWPPP Tier Level and Construction Threat Level Form pursuant to City Engineering
Standards. Developer shall also submit the appropriate Tier level Storm Water
Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan
(SWPPP) to the satisfaction of the city engineer. Developer shall pay all applicable SWPPP
plan review and inspection fees per the city's latest fee schedule.
22. Developer shall complete the City of Carlsbad Standard Stormwater Requirement
Checklist Form. Developer is responsible to ensure that all final design plans, grading
plans, and building plans incorporate applicable best management practices (BMPs).
These BMPs include site design, source control and Low Impact Design (LID) measures
including, but not limited to, minimizing the use of impervious area (paving), routing run-
off from impervious area to pervious/landscape areas, preventing illicit discharges into
the storm drain and adding storm drain stenciling or signage all to the satisfaction of the
city engineer.
Dedication/Improvements
23. Developer shall cause owner to dedicate to the city and/or other appropriate entities an
easement for public sewer purposes as shown on the site plan. The offer shall be made
by a separate recorded document. All land so offered shall be free and clear of all liens
and encumbrances and without cost to the city. Streets that are already public are not
required to be rededicated. Additional easements may be required at final design to the
satisfaction of the city engineer.
Code Reminders:
24. 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.
25. 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 tentative map are for
planning purposes only.
26. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 17 .04.060.
27. 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 2019-0008 (DEV2019-0048)-STATE STREET COMMONS
February 10, 2020
Page 10
28. Developer acknowledges that the project is required to comply with requirements of the
city's Climate Action Plan (CAP). CAP 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. CAP requirements may be different than what is proposed on the
project plans or in the CAP Checklist originally submitted with this project. Developer
acknowledges that new CAP requirements related to energy efficiency, photovoltaic,
electric vehicle charging, water heating and traffic demand management requirements as
set forth in the CAP requirements may impact, but are not limited to, site design and local
building code requirements. If incorporating CAP 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 CAP requirements must be demonstrated on or with the construction
plans prior to issuance of the applicable development permits.
SOP 2019-0008 (DEV2019-0048) -STATE STREET COMMONS
February 10, 2020
Page 11
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 Paul Dan at (760) 602-4614.
Sincerely,
Te--·~~
TERI DELCAMP
Principal Planner
TD:PD:mf
c: Kyrenne Chua, Project Engineer
Don Neu, City Planner
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