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HomeMy WebLinkAboutMP 12-01B; Village Master Plan Changes; Master Plan (MP) 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. 3 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 ATTACHMENT 2 JUNE 18, 2014 Wineries 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 pubtic 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. N NOT TO SCALE SITE MAP Village Master Plan Changes MP 12-01 (B) ^ C I T Y O F CARLSBAD DISCLOSURE STATEMENT P- 1(A) svelooment Services Ptanning Division X63S Faraday Avenue (750) 602-4610 www.c9rlsbadca.gov Applicant's statement or disclosure of certain ownership interests on ail require discretionary action on the part of tlie City Council or any apppint^ or Committee. applications whfch will Board. Commission The following information MUST be disclosed at the time of application s cannot be reviewed until this infonnation is completed. Please print. Ji imittal. Your project Note: Person ts defined as "Any Individual, firm, co-partnership, joint venture, assobtatib i organization, corporation, estate, trust receiver, syndicate, in this and any ot ler city municipality, district or other political subdivision or any other group or combination , social dub, fratemal :^nty, city and county, acting as a unit" Agents may sign tiiis document; however, the legal name and entity of the a|^pli()a|it and property owner must be provided betow. 1, APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addressee of financial interest in the application. If the appiicant includes a cdrpdrAtion or oartnership. include the names, titles, addresses of all individuals owning shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF 1H0 INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOVV. corooration. Include the names, titles, and addresses of the co separate page may be attached if necessary.) ^ | , Person AMW\ CU^A)^ Corp/Part ALL persons having a Title. Address 2. m4»r 3 than 10% of the SHARES, PLEASE a publidv-owned Fforate officers. (A ^rsons having any of the legal •dtion. etc.). if th© t ties, addresses of OWNER (Not tfie ow Provide the COMPLETE, LEGAL names and addresses of ALL ownership interest in the property involved. Also, provide tte iji^ture ownership (i.e., partnership, tenants in common, non-profit, cc'po ownership indudes a corporation or oaftnership. include the narr es, all individuals owning moi^ than 10% ofthe shares. IF NO INDIVIDUl^LS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLIC/ E LE (N/A) IN THE SPACE BELOW. If a pubildv-owned corporation, indude the nimes, titles, and addresses of the corporate officers, (A separate page may be attf ch^(j if necessary.) Persons Titie ^ A)t ^ Corp/Part. Title_ Address 32^3 /^^ir<L^ A// 5 f Address, Ci^/c4Jy:i< <^ 9z^rvS P-1(A; Pago 1 0(2 Revfsed 07/10 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 Profit/Trusty Title .-"^^ Title Address Address , 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? • Yes 0No tf yes, please indicate person(s): NOTE: Attach additional sheets If necessary. certify thatali the above informatlo/is true and correct to the best of my knowIedaeT" 1^ Signature of.oiwner/date^ ignature of applicant/date PrinJ^or/type name of owner Print or type name of applicant Signature of owner/applicanf s agent if applicable/date Print ontype name of owner/applicant's agent P-1{A) Page 2 of 2 Revised 07/10 CITY OF CARLSBAD ERRATA SHEET FOR AGENDA ITEM #3 Memorandum June 18, 2014 To: Planning Commission From: Austin Silva, Assistant Planner Via Don Neu, City Planner Re: Errata Sheet for Agenda Item #3, MP 12-01(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 ofthe 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 FCXID SERVICES LAND USE DISTRICTS: 1 2 3 4 5 6 7 8 9 Fast Food Restaurant (Large)* 0(3) • • X X X X X X Fast Food Restaurant (Small) •(3) • • X • X X X X Nlicrobrewery (outside the Coastal Zone)(4) • • • X X X X X X Quick Stop Food Store* X X • X X X X X 0 Restaurant w/Entertainment* 0 0 • 0 0 X X X o Restaurant X X X • Sidewalk Cafe* 0 0 X o 0 X X X 0 Winery (outside the Coastal Zone)(4) • • • X ox ox X 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 l^for the chart is: • s Perniitted Use o s Provlskmiri Use A » Accessory Use X » Not Permitted