HomeMy WebLinkAboutSDP 2022-0015; WILDLAND BAKERY & LILO RESTAURANT; Admin Decision LetterFebruary 6, 2023
John Resnick
Wildland & Lilo, LLC.
4205 Clearview Drive
Carlsbad, CA 92008
{°Cityof
Carlsbad
BFILE CO?Y
SUBJECT: SOP 2022-0015 (DEV2022-0165) -WILDLAND BAKERY & LILO RESTAURANT -Request
for approval of a Minor Site Development Plan (SDP 2022-0015) to convert automobile
service use to restaurant and fast-food restaurant uses. The project includes tenant
improvement work. The subject property is located at 2598 State Street, in the Village
Center/Village General district of the Village and Barrio Master Plan and Local Facilities
Management Zone 1.
Dear Mr. Resnick,
The City Planner has completed a review of your application for a Minor Site Development Plan SDP 2022-
0015 (DEV2022-0165) -WILDLAND BAKERY & LILO RESTAURANT located at 2598 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 (ending on
January 23, 2023). 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:
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 a
change in use and tenant improvement to convert an existing 9,429-square-foot auto repair facility
into a 2,172-square-foot restaurant and a 7,257-square-foot fast food restaurant. The project also
proposes two new outdoor dining areas totaling 1,940 square feet. Restaurants and fast-food
restaurants are permitted uses in the Village Center (VC} and Village General (VG} districts of the
Village and Barrio Master Plan. The conversion of the automobile service use to restaurant and
fast-food restaurant is permitted with approval of a minor site development plan pursuant to
Section 6.3.3A(l}(f) of the Village and Barrio Master Plan.
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
Community Development Department
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov
SOP 2022-0015 (DEV2022-0165) -WILDLAND BAKERY & LILO RESTAURANT
February 6, 2023
Pa e 2
and fast-food restaurant is consistent with the surrounding uses and buildings. The proposed use
will not be detrimental to the existing site or facilities and is a permitted use in the Village Center
(VC) and Village General (VG) districts of the Village and Barrio Master Plan. The conversion of uses
(automobile service to restaurant and fast-food restaurant) increases the requirement for onsite
parking. However, no parking is required per California Assembly Bill 2097 since the site is located
within one-half mile of a major transit stop (Carlsbad Village transit center). Even though no parking
is required, the project proposes 19 on-site parking spaces, six valet parking spaces, a rack for 12
bicycles, and the creation of two new parallel parking spaces directly in front of the property on the
State Street right-of-way.
3. That the site for the intended development or use is adequate in size and shape to accommodate the
use; in that the existing structure provides 9,429 square feet of internal floor space and, with the
inclusion two outdoor dining areas totaling 1,940 square feet, can accommodate the use conversion
into a restaurant and fast-food restaurant uses. Restaurant and fast-food restaurant uses are
permitted in the Village Center (VC) and Village General (VG) districts of the Village and Barrio
Master Plan. No parking is required per California Assembly Bill 2097 since the site is located within
one-half mile of a major transit stop (Carlsbad Village transit center). Even though no parking is
required per California Assembly Bill 2097, the project proposes 19 on-site parking spaces, six valet
parking spaces, a rack for 12 bicycles, and the creation of two new parallel parking spaces directly
in front of the property on the State Street right-of-way.
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 change of use occurs within an
existing building. The project also proposes two outdoor dining patios, which meet the
development standards of the Village Center (VC) and Village General (VG) districts of the Village
and Barrio Master Plan. No additional internal square footage is proposed since the footprint of the
restaurant is within an existing tenant space. Even though no parking is required per California
Assembly Bill 2097, the project proposes 19 on-site parking spaces, six valet parking spaces, a rack
for 12 bicycles, and the creation of two new parallel parking spaces directly in front of the property
on the State Street right-of-way.
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 (VC) and Village General (VG) districts of the Village
and Barrio Master Plan. The surrounding streets, which are fully improved, have adequate capacity
to accommodate the increase of 104 average daily trips generated by the project. Even though no
parking is required per California Assembly Bill 2097, the project proposes 19 on-site parking spaces,
six valet parking spaces, a rack for 12 bicycles, and the creation of two new parallel parking spaces
directly in front of the property on the State Street right-of-way.
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 Small Structures of
SDP 2022 ... 0015 (DEV2022-0165} -WILDLAND BAKERY & LILO RESTAURANT
February 6, 2023
Pa e 3
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 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.
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.
Conditions:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to building permit.
1. Approval is granted for SDP 2022-0015 as shown on Exhibits "A" -"Y" dated February 6, 2023 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
SDP 2022-0015 {DEV2022-0165) -WILDLAND BAKERY & LILO RESTAURANT
February 6, 2023
Pa e4
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 submittal of the building plans, improvement plans, grading plans, or final map, whichever
occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the (Site Plan or other),
conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final
decision making body. The copy shall be submitted to the City Planner, reviewed and, if found
acceptable, signed by the city's project planner and Project Engineer. If no changes were required by
these conditions, the approved exhibits shall fulfill this condition.
8. 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.
9. 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.
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 report, in writing, to the City Planner within 30 days, any address change from that
which is shown on the permit application.
12. 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.
13. 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.
SDP 2022-0015 (DEV2022-0165} -WILDLAND BAKERY & LILO RESTAURANT
February 6, 2023
Pa e 5
Engineering:
General
14. 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 o~cupancy.
15. The developer shali complete processing of an adjustment plat for the lot line adjustment between
lot APN 203-101-36 and APN 203-101-25 as shown on the site plan.
16. Developer shall maintain sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards. The property owner shall maintain this condition.
17. Property owner shall maintain all landscaping (street trees, tree grates, shrubs, groundcover, etc.)
and irrigation along the parkway frontage with Roosevelt Street and State Street as shown on the
Tentative Map/Site Plan.
18. The developer shall show proof of recorded grant deeds for the consolidated parcel of the adjustment
plat.
Fees/ Agreements
19. 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
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.
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). Developer shall pay all applicable SWPPP plan review and
inspection fees per the city's latest fee schedule.
22. This project is subject to Trash Capture requirements. Developer shall prepare and process a Trash
Capture Storm Water Quality Management Plan (TCSWQMP), subject to engineering manager
approval, to comply with the Carlsbad BMP Design Manual latest version. The final TCSWQMP
SDP 2022-0015 (DEV2022-0165) -WILDLAND BAKERY & LILO RESTAURANT
February 6, 2023
Pa e 6
required by this condition shall be reviewed and approved by the city engineer with final grading plans
and/or building plans, whichever occurs first. Developer shall pay all applicable SWQMP plan review
and inspection fees per the city's latest fee schedule.
23. Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form.
Developer is responsible to ensure that all final design plans (building plans) incorporate all source
control, site design, pollutant control BMP measures.
Dedications/Improvements
24. 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 engineering manager.
25. Prior to building occupancy 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 engineering manager. These improvements include, but are not limited to:
A. Water Service, Meter and Backflow
B. Sewer Service
C. Sidewalk
D. D25 Curb Outlet
E. Driveway
F. Curb and Gutter
Additional public improvements required in other conditions of this resolution are hereby included in
the above list by reference. 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.
26. Prior to building occupancy developer shall construct all public improvement to the satisfaction of
the city engineer per approved plans.
27. Developer is responsible to ensure all existing overhead utilities servicing the subject property are to
be undergrounded to the satisfaction of the city engineer. No new or relocated utility poles are
allowed.
Utilities
28. 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
29. 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.
SOP 2022-0015 {DEV2022-0165) -WILDLAND BAKERY & LILO RESTAURANT
February 6, 2023
Pa e 7
30. The developer shall agree to install sewer laterals and clean-outs at locations approved by the city
engineer. The locations of sewer laterals shall be reflected on public improvement plans.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
31. 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.
32. Devel.aper 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.
Notice to Applicant:
Per California Assembly Bill 2097, the city is prohibited from requiring parking for projects located within
one-half mile of a major transit stop. The intent of this legislation is to provide flexibility for project design,
concurrent with planning studies that have shown that parking should be market driven. Developers could
still voluntarily provide onsite parking, but the number of parking spaces provided will be based on builder
preference and market demand, not by city-established minimum parking standards.
SOP 2022-0015 (DEV2022-0165)-WILDLAND BAKERY & LILO RESTAURANT
February 6, 2023
Pa e 8
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, 9r 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 letteL Appeals must be submitted in writing to the Planning Division
at 1635 Faraday Avenue in Carlsbad, along with a payment of $847. 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
Esteban Danna at (442) 339-2629.
Sincerely,
CLIFF JONES
Principal Planner
CJ:ED:JC
c: Enrico Pinamonti, C State, LLC., 122 Civic Center Dr, #201, Vista, CA 92084
Nichole Fine, Project Engineer
Eric Lardy, City Planner
Laserfiche/File Copy
Data Entry