HomeMy WebLinkAbout2014-06-18; Planning Commission; ; MP 12-01B – VILLAGE MASTER PLAN CHANGES
The City of Carlsbad Planning Division
A REPORT TO THE PLANNING COMMISSION
Item No.
Application complete date: April 1, 2014
P.C. AGENDA OF: June 18, 2014 Project Planner: Austin Silva
Project Engineer: N/A
SUBJECT: MP 12-01(B) – VILLAGE MASTER PLAN CHANGES – A request to recommend approval of
an applicant-proposed amendment to the Village Master Plan and Design Manual. The
amendment is proposed to allow wineries as a provisional use within Districts 5 and 6 of
the Master Plan and to add special provisional use standards for wineries to the plan. The
City Planner has determined that the proposed amendments do not have a significant
impact on the environment pursuant to Carlsbad Municipal Code Section 19.04.070
A.c.(1), which states “minor zone or municipal code amendments that do not involve
physical modifications, lead to physical improvements beyond those typically exempt, or
which refine or clarify existing land use standards” are specific actions considered not to
have a significant effect on the environment.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 7060 RECOMMENDING
APPROVAL of MP 12-01(B) based on the findings contained therein.
II. PROJECT DESCRIPTION
A Village business owner is proposing revisions to the Village Master Plan and Design Manual; a document
that regulates land uses in the city’s downtown, or “Village.” The proposed revisions consist of modifying
the land use matrix, so that wineries would be classified as a provisional use within Districts 5 and 6 and
that special provisional use standards for wineries are added to the plan. Provisional uses are those which
are permitted subject to discretionary approval (by either the City Planner or the appropriate decision
making authority). They are approved based upon the findings that the use is consistent with the Village
vision and goals under specific conditions imposed by the permit. Uses in this category require special
scrutiny concerning location, size, and anticipated impact on adjacent uses. For the purposes of land use
policy within the Village, the term “provisional use” replaces the term “conditional use” which is used
within the Carlsbad Municipal Code. Currently, wineries are not permitted in Districts 5 and 6. However,
they are permitted in Districts 1 through 3 as a result of a staff proposed Master Plan Amendment (MP
12-01A) that was approved in January of 2013.
Wineries have become a trend in urban areas and can be defined as a business where a wine producer
grows grapes in a rural location or buys grapes from a vineyard and then transports them to an urban
facility for crushing, fermentation, aging, bottling and tasting by patrons. According to the applicant, who
currently operates a winery in Solana Beach, the wine production process occurs as described below:
Grapes are received at an urban site from an outside grower, six to eight days each year in
September or October.
Grapes are processed through a de-stemmer/crusher/press six to eight days each year on the days
in September and October that the grapes are received. This step could potentially occur outside
if there isn’t ample room inside of a building.
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MP 12-01(B) – VILLAGE MASTER PLAN CHANGES
June 18, 2014
Page 2
The juice is placed in fermentation bins for eight to ten days. The bins are stored inside the
building in a temperature controlled area.
The fermented juice is placed in a stainless steel aging tank(s) if it is white wine, or in oak barrels
for red wine to be aged and become wine. Depending on the size of the building where a winery
is located, the aging tanks may need to be located outside.
Depending on the grape varietal, the wine is aged from six to twenty-four months before bottling.
III. ANALYSIS
Although wineries are permitted uses in Districts 1 – 3, the applicant has expressed interest in opening a
winery in District 5. Most of the existing buildings in Districts 1 – 3 are not conducive to the production
of wine because of their low ceiling heights and minimal outdoor space do not allow for fermentation
tanks to be located on-site. There are more buildings in Districts 5 and 6 that were built to accommodate
industrial uses and auto repair shops that have tall ceilings and outdoor space to allow for wine production
on-site. Although, when the Village Master Plan was amended in January of 2013, wineries were allowed
as permitted uses in Districts 1 – 3 because those districts had either previously allowed or had existing
non-conforming uses that serve alcohol such as restaurants, bars, and nightclubs. Wineries were not
proposed in District 6 because of the district’s distance from the Village’s primary commercial corridors
and its adjacency to District 5. District 5 contains some existing residences and has a land use plan
emphasizing residential and neighborhood serving commercial uses.
Wineries are being proposed as a provisional, rather than a permitted use in Districts 5 and 6 because
there are more residential uses in those districts that the wineries could potentially have impacts on.
Clearly, there would be more impacts from wineries that have their production occurring outside rather
than inside. Potential issues associated with outdoor production are noise, odor, and the visual impacts
of stainless steel tanks in neighborhoods with residential uses. If wineries were to be allowed as a
provisional use, an Administrative Review Permit would be required in order for one to start producing
wine. An Administrative Review Permit is approved at staff level (unless appealed to a higher decision
making authority) with any necessary conditions placed on it. Property owners who are within 300 feet
of a property where an application to operate a winery has been submitted, would be notified of the
pending application and would have an opportunity to raise their concerns about the proposed winery.
In summary, as a provisional use wineries could either be approved with conditions of approval to ensure
compatibility with nearby residential uses or they could be denied by the City Planner because they are
not located or designed to be compatible with residential uses.
Selected provisional uses have their own Village Master Plan standards that are provided to identify
special considerations, findings and conditions which will be used to determine whether or not the
identified use will be permitted at a particular site. Staff is proposing special standards for wineries (see
Attachment 2). It is intended that these standards in association with project specific conditions of
approval will ensure that wineries that are approved in Districts 5 and 6 will be compatible with the
surrounding residential uses.
A. General Plan
The General Plan contains a framework of land use goals, objectives, policies and programs. Table A below
summarizes how the proposed amendment complies with relevant parts of this policy framework.
MP 12-01(B) – VILLAGE MASTER PLAN CHANGES
June 18, 2014
Page 3
TABLE A – SUMMARY OF COMPLIANCE WITH THE GENERAL PLAN
ELEMENT STANDARD PROJECT COMPLY?
Land Use (Village
Goal A.1)
A city which preserves,
enhances, and maintains the
Village as a place for living,
working, shopping, recreation,
civic and cultural functions
while retaining the village
atmosphere and pedestrian
scale.
The proposed amendment is
consistent with the General Plan
in that it will assist in providing a
unique shopping and cultural
experience where residents and
visitors will be able to sample and
purchase locally made wine.
Wineries typically include
specialty retail shops where
locally made wine is made and is
sold to patrons who are there to
sample the wine. Districts 5 and
6 are within walking distance to
the core of the Village, visitor
serving uses such as hotels and
restaurants, and residential
neighborhoods.
Yes
Land Use (Village
Goal A.2)
A city which creates a distinct
identity for the Village by
encouraging activities that
traditionally locate in
pedestrian-oriented
downtown areas including
offices, restaurants, and
specialty retail shops.
Yes
B. Village Master Plan and Design Manual
Table B below summarizes how the proposed amendment complies with relevant goals and objectives of
the Village Master Plan and Design Manual.
TABLE B – SUMMARY OF PROJECT COMPLIANCE WITH THE
VILLAGE MASTER PLAN AND DESIGN MANUAL
GOAL/OBJECTIVE STANDARD PROJECT COMPLY
Goal 1 Establish Carlsbad Village as a
quality shopping, working,
and living environment.
Allowing wineries as a provisional use
in Districts 5 and 6 will further
improve the Village as a shopping
and tourist destination for both
residents and visitors. The wineries
will complement the existing
restaurants and hotels by providing a
unique wine tasting experience that
otherwise occurs in more rural
settings. The potential impacts to
residential uses can be avoided in
that special provisional use standards
for wineries are proposed to ensure
compatibility with surrounding
residential uses and by allowing
wineries as a provisional use, where
they can be conditioned to be
compatible with nearby residential
uses or denied because they are not
located or deigned to be compatible
with residential uses.
Yes
Objective 1.3 Attract additional tourist-
serving uses.
Yes
Objective 1.9 Provide a variety of
commercial, tourism, and
recreation activity, especially
close to the beach, in
conjunction with special
entertainment facilities,
restaurants and other uses
which will foster a village
concept and not
detrimentally impact
residential usage.
Yes
MP 12-01(B) – VILLAGE MASTER PLAN CHANGES
June 18, 2014
Page 4
The Village Master Plan and Design Manual identifies District 5 as a district that “will continue as a mixed-
use area related to the District 1 Village Center while also serving the special needs of the adjacent Barrio
Neighborhood.” As wineries are already a permitted use in District 1, it would be appropriate to allow
them as a provisional use to allow for a unique commercial use in this district, while still being cognizant
of the residential uses in the area.
Regarding District 6, The Village Master Plan and Design Manual states that:
District 6 has traditionally functioned as a light industrial area with an emphasis upon
automotive towing, repair and detailing uses. Other building services and light industrial
activities have also occupied large parcels in the area. Land uses of this type will be
allowed to continue in the area with some limitations to better integrate them into the
surrounding Village environment. However, as economics begin to play its role in the
area, this area may begin to transition into a more commercial retail and business area
much different from the industrial land uses. The land use plan within this document
allows for the gradual transition of the area into uses which will be more compatible with
the residential character of the Barrio neighborhood.
Allowing wineries as a provisional use in District 6 would assist in the transition of the district into more
of a commercial retail area. As a provisional use, a consideration to approving a winery would include
reviewing the compatibility with adjacent and surrounding uses, and placing conditions on the permit to
limit the impacts of the use on residential uses in the neighborhood.
C. Zoning Ordinance
Changes are not proposed to the Zoning Ordinance, including Chapter 21.35, which contains regulations
for the Village Review (V-R) Zone, the zone that applies to the area of the Master Plan. Zoning Ordinance
Section 21.35.150 deems amendments to the Master Plan as amendments to Chapter21.35; however,
an accompanying Zoning Ordinance amendment is not required.
D. Local Coastal Program
The proposed amendment affects only properties outside of the Coastal Zone and particularly those
outside of the Village segment of the city’s Local Coastal Program (LCP). Therefore, an analysis of
compliance with or an amendment to the LCP is not necessary.
IV. ENVIRONMENTAL REVIEW
Carlsbad Municipal Code Section 19.04.070 A.c.(1) states “minor zone or municipal code amendments
that do not involve physical modifications, lead to physical improvements beyond those typically exempt,
or which refine or clarify existing land use standards” are specific actions considered not to have a
significant effect on the environment.
The proposed revisions to the Master Plan are similar to minor Zoning Ordinance amendments and
therefore are exempt from environmental analysis. The proposed changes would lead to development
typically found exempt from environmental review. Wineries would typically be exempt from
environmental analysis because in most cases, they locate within an existing building that is repurposed
where minor improvements to the interior and exterior of the building are made. Such projects are
exempt pursuant to CEQA Guidelines Section 15301 “Existing Facilities.”
MP 12-01(B) – VILLAGE MASTER PLAN CHANGES
June 18, 2014
Page 5
ATTACHMENTS:
1. Planning Commission Resolution No. 7060
2. Wineries Definition
3. Location Map
4. Disclosure Statement
Wineries
ATTACHMENT 2
JUNE 18, 2014
Definition: A business where a wine producer grows grapes in a rural location or buys grapes from a
vineyard and then transports them to an urban facility for de-stemming, crushing, fermentation, aging,
bottling, retail sales, and tasting by patrons.
Consideration
1. Wineries could have the potential of creating noise, odor or aesthetic problems for nearby
residential uses during the production process.
Location and Development Criteria
1. Wineries shall not be located where they are likely to adversely impact residential uses.
2. Deliveries of grapes should not occur during hours that would negatively impact residents within
the vicinity of the winery's location.
3. Facades shall be treated in a similar manner to other storefronts and should be designed with a
Village character.
4. Surrounding grounds, including parking areas, shall be maintained in a neat and orderly condition
at all times.
5. Any equipment associated with wine production shall be screened from public view and
adequately buffered from adjacent residential uses to mitigate noise, odor or aesthetic impacts.
Findings -In order for this use to receive a Village Review Permit, it should be consistent with the following
findings:
1. The winery will not have a negative impact on Village residents.
2. The exterior design of the facility and signage are appropriate to the Village and compatible with
adjacent uses.
SITE MAP
• N
NOT TO SCALE
Village Master Plan Changes
MP 12-01(8)
ment Services -l~
'~CITYOF
DISCLOSURE
STATEMENT
P-1(A)
Plannlns Division
1635 Faraday Avenue
(760) 602-4610
www.cartsbadca.gov CARLSBAD
Applicant's statement or disclosure of certain ownership interests on all
require discretionary action on the part of the City Council or any ap int
plications which will
Board, Commission
or Committee.
The following information MUST be disclosed at the time of applicatlo s
cannot be reviewed until this Information is completed. Please print.
Your project
Note:
Per11on iS defined as • Any Individual, firm, co-partnership, joint venltml, ass~IIIP~, SOClal club, fraternal
organization, corporation, estate, trust, receiver, syndicate, In this and any o nty, cl1y and county,
city rnunlclpallty, dl&t!lct or other political subdivision or any other g1011p or co n acting as a unit•
Agents may sign 1h18 document; hOWeVer, the legal name and entity of lhe a pH and property owner
must be provided below.
1.
2.
P·1(A)
APPLICANT (Not the applicant's agent)
Provide the COMPLETE, LEGAL names and addresses of A persons having a
financial interest in the application. If the applicant includes a ~~~o~nl.9!r:.R!l!@n~rsh:!!)Ji!e,
include the names, titles, addresses of all individuals owning m than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF HARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELO . I a publicly-owned
corporation. Include the names, titles, and addresses of the co rate officers. (A
separate page may 1 _attach!\~ if necessary.) C
Person tLV\I\Yr\11 Corp/Part,-'="-().;"---r--+-1-~~~---
Title • LJ}\. .. J.A:± Title, ---4-=,.!Ww:.::.ll\..l;.!::::j!-H------
S ·L \.-OS,' ~dd;;ss,....:,,,..i.=~::.....t-1----
0 ~ 0tq2o10 OWNER ( ot e owne s agent
Provide the COMPLETE, LEGAL names and addresses of A rsons having any
ownership interest in the property involved. Also, provide t e ture of the legal
ownership (i.e., partnership, tenants in common, non-profit, po tion, etc.). If the
ownership includes a corporation or partnership, Include the na es, t ties, addresses of
all individuals owning more than 10% of the shares. IF NO IND! I LS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APP C LE (NIA) IN THE
SPACE BELOW. if a publicly-owned corporation, include t e mes, titles, and
addresses f the corporate officers. (A separate page may be att ch if necessary.)
Perso A I/~ c /Z-. ~ c 7~rl • Corp/Part.-'-------------4------
Title h.,J N 2: f?.. Title, __________ -1--1-1-------
Address 3293 ~~z;(.) c./.f :5 fAddress·---------+-++-----
(~ltL~-t.S/J..( (1,q C/2,TD/?J
Page 1 of2 Revised 07110
3. NON-PROFIT ORGANIZATION OR TRUST
If ahy person Identified pursuant to (1) or (2) above is a nonprofit organization or a trust,
list the names and addresses of ANY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profit/Trust, ___ ....,...:::::.__ Non Profrt/Trust. ___ ...,,,..-,:.:::.... __ _
4. Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve (12)
months?
0Yes If yes, please indicate person(s):. __________ _
NOTE: Attach additional sheets if necessary.
all the above i formatio is true and correct to the best of my knowled ' ' . (\
~Uv ·i ~It
Signature of, o,wner/dat
-· ~~~-<~ ·uv~.
Print or type name of applicant
. . , S/g/:l'k,
Signature of owner/applicant's agent If applicable/date
\-{eVv,\\
pe name of owner/applicant's agent
P-1(A) Pago 2 of 2 Revised 07/10
1--------------
~~" CITY OF
¥ CARLSBAD
Memorandum
June 18, 2014
ERRATA SHEET FOR AGENDA ITEM #3
To: Planning Commission
From: Austin Silva, Assistant Planner
Via Don Neu, City Planner
Re: Errata Sheet for Agenda Item #3, MP 12-0l(B) -VILLAGE MASTER PLAN CHANGES
Staff would like to provide additional information to the Planning Commission that was not
included in the Staff Report:
1. In District 5, the retail sales of wine with wine tasting is currently allowed as a permitted
use.
2. In District 6, the retail sales of wine with wine tasting is currently classified as a provisional
use. A provisional use requires approval of an Administrative Review Permit with a
notification to property owners within 300 feet of the subject property. The City Planner has
approving authority for Administrative Review Permits.
Additionally, Exhibit A has been revised to include the symbol key for the chart. The Disclosure
Statement is provided for review. Both documents are attached to this memo.
Community & Economic Development
1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax
EXHIBIT "A"
JUNE 18, 2014
FOOD SERVICES
LAND USE DISTRICTS: 1 2 3 4 5 6 7 8
Fast Food Restaurmt (Large)* 0(3) • • X X X X X
Fast Food Restaurant (Small) •(3) • • X • X X X
Microbrewery (outside the Coastal Zone)(4) • • • X X X X X
Quick Stop Food Store* X X • X X X X X
Restaurant w /Entertainment"' 0 0 • 0 0 X X X
Restaurant • • • • • X X X
Sidewalk Cafe* 0 0 X 0 0 X X X
Wmery (outside the Coastal Zone)(4) • • • X 0}; o,.; X X
(4) Food service, if provided at all, shall be a clearly incidental use to any stand-alone or sole-use
microbrewery or winery.
The key for the chart is:
• = Pem,itted Use o = Provisional Use A = Acc-ory Use X = Not Pet milted
9
X
X
X
0
0
•
0
X