HomeMy WebLinkAboutSDP 2022-0009; ROOSEVELT COTTAGES; Admin Decision LetterMINOR COASTAL DEVELOPMENT PERMIT
NOTICE OF DECISION
{'cityof
Carlsbad
February 08, 2023 8FILE COPY
Chris Slowey
1920 Alvarado Street
Oceanside, CA 92054
SUBJECT: SOP 2022-0009/CDP 2022-0044 (DEV2019-0242)-ROOSEVELT COTTAGES-Request for
approval of a Minor Site Development Plan (SDP 2022-0009) and a Minor Coastal
Development Permit (CDP 2022-0044) for the conversion of three existing, 820-square-
foot buildings from retail, office use to restaurant, limited take-out use. Included as part
of the proposal is the addition of two, 315-square foot of outdoor dining areas. The
approximately 0.24-acre site has 6 existing parking spaces that will remain. The subject
property, Assessor's Parcel Number 2033042700, is located at 2956 Roosevelt Street, in
the Village Center (VC) District of the Village and Barrio Master Plan, Village Area Segment
of the Local Coastal Program, and Local Facilities Management Zone 1. The project site is
located outside the appealable area of the Coastal Zone.
Dear Chris Slowey,
The City Planner has completed a review of your application for a Minor Site Development Plan (SOP 2022-
0009) and a Minor Coastal Development Permit (CDP 2022-0044) for the conversion of three existing,
approximately 820-square-foot buildings from retail, office use to restaurant, limited take-out use and the
addition of two, 315-square-foot outdoor dining areas, in the VC District of the Village and Barrio Master
Plan. A notice was sent to property owners within a 300-foot radius and occupants within a 100-foot
radius of the subject property requesting comments regarding the above request. Comments were
received within the ten-day notice period (ending on January 9, 2023) but no request for an Administrative
Hearing was filed. After careful consideration of the circumstances surrounding this request, the City
Planner has made a decision to APPROVE this request based on the following findings and subject to the
conditions listed below.
Findings:
Minor Site Development Plan, SOP 2022-0009
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 three existing structures (approximately 820 square feet per
Community Development Department
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov
SDP 2022-0009/CDP 2022-0044 (DEV2019-0242)-ROOSEVELT COTTAGES
February 08, 2023
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structure) from retail, office use to restaurant, limited take-out use. The project also proposes two
new outdoor dining areas totaling 630 square feet. This project complies with the applicable
provisions of the Village and Barrio Master Plan's (VBMP) Village Center (VC) District as restaurant,
limited take-out is a permitted use. The conversion of the existing retail, office use to restaurant,
limited take-out use 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.
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 restaurants
are consistent with the surrounding uses and buildings which include retail, personal services, and
other restaurant uses to the east, west, and south. The proposed use will not be detrimental to the
existing site or facilities and is a permitted use in the Village Center (VC} District of the Village and
Barrio Master Plan. The conversion of use (commercial office/retail to restaurant, limited take-out)
increases the requirement for on-site 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 will retain all six existing,
on-site parking spaces which are accessed off the Roosevelt Street Alley.
3. That the site for the intended development or use is adequate in size and shape to accommodate the
use; in that the project involves the conversion of existing structures from retail, office use to
restaurant, limited take-out, and the proposed outdoor dining areas comply with the standards of
the Village and Barrio Master Plan. The three existing structures provide approximately 2,460
square feet of internal floor space and, with the inclusion of two outdoor dining areas totaling 630
square feet, can accommodate the use conversion into restaurant, limited take-out. 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 will
retain all six existing, on-site parking spaces which are accessed off the Roosevelt Street Alley.
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. The project also proposes two outdoor dining patios, which meet
the development standards of the Village Center (VC) District 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 will retain all six existing, on-site parking spaces which are accessed off the Roosevelt Street
Alley.
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} District of the Village and Barrio Master Plan.
The surrounding streets, which are fully improved, have adequate capacity to accommodate the
increase of 251 average daily trips generated by the project. Even though no parking is required
SDP 2022-0009/CDP 2022-0044 (DEV2019-0242)-ROOSEVELT COTTAGES
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per California Assembly Bill 2097, the project will retain all six existing, on-site parking spaces
which are accessed off the Roosevelt Street Alley.
Minor Coastal Development Permit, CDP 2022-0044
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
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 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.
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 the site is not suited for water-oriented recreation
activities.
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).
General
10. 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
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.
11. That the requests for a Minor Site Development Plan (SDP 2022-0009) and Minor Coastal
Development Permit (CDP 2022-0044) were adequately noticed at least ten (10) calendar days before
the date ofthis decision pursuant to Section 21.54.060 of the Carlsbad Municipal Code.
SOP 2022-0009/CDP 2022-0044 (DEV2019-0242)-ROOSEVELT COTTAGES
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12. 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 SDP 2022-0009/CDP 2022-0044 as shown on Exhibit "A" dated February 08,
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 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
SDP 2022-0009/CDP 2022-0044 (DEV2019-0242)-ROOSEVELT COTTAGES
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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 df 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. 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.
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. 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.
12. 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.
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.
14. 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.
SDP 2022-0009/CDP 2022-0044 (DEV2019-0242)-ROOSEVELT COTTAGES
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Code Reminders:
15. 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.
16. 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.
17. 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.
18. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title
24 of the California Building Code.
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 2022-0009/CDP 2022-0044 (DEV2019-0242)-ROOSEVELT COTTAGES
February 08, 2023
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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 $847.00. 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
Edward Valenzuela at (442) 339-2624.
Sincerely,
CLIFF JONES
Principal Planner
CJ:EV:JC
c: 5051 Encinas, LLC, S. Sierra Avenue, Suite 201, Solana Beach, CA 92075
Eric Lardy, City Planner
Tim Carroll, Project Engineer
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