HomeMy WebLinkAbout2016-09-27; City Council; Resolution 2016-203RESOLUTION NO. 2016-203
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A
BREWERY TASTING ROOM ON PROPERTY LOCATED AT 6350 YARROW
DRIVE, SUITE C, IN LOCAL FACILITIES MANAGEMENT ZONE 5.
CASE NAME: ABSTRACT ALE WORKS
CASE NO.: CUP 16-03
EXHIBIT 1
WHEREAS, the City Council of the City of Carlsbad, California has determined that pursuant to
the provisions of the Municipal Code, the Planning Commission did, on August 17, 2016, hold a duly
noticed public hearing as prescribed by law to consider Conditional Use Permit No. CUP 16-03, as
referenced in Planning Commission Resolution No. 7186; and the Planning Commission adopted
Planning Commission Resolution No. 7186 recommending to the City Council that it be approved; and
WHEREAS, the City Council of the City of Carlsbad held a duly noticed public hearing to consider
said Conditional Use Permit; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if
any, of all persons desiring to be heard, the City Council considered all factors relating to the adoption
of a Conditional Use Permit.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the recommendation of the Planning Commission for the approval of a Conditional
Use Permit is adopted and approved, and that the findings and conditions of the
Planning Commission contained in Planning Commission Resolution No. 7186 on file
with the City Clerk and incorporated herein by reference, are the findings and conditions
of the City Council.
3. That this action is final the date this resolution is adopted by the City Council. The
provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial
Review" shall apply:
"NOTICE TO APPLICANT"
The time within which judicial review of this decision must be sought is governed by
Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by
Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the
Item #10 September 27, 2016 Page 3 of 28
EXHIBIT 1
appropriate court not later than the ninetieth day following the date on which this decision becomes
final; however, if within ten days after the decision becomes final a request for the record is filed with
a deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time
within which such petition may be filed in court is extended to not later than the thirtieth day following
the date on which the record is either personally delivered or mailed to the party, or his attorney of
record, if he has one. A written request for the preparation of the record of the proceedings shall be
filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA, 92008.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 27th day of September, 2016, by the following vote, to wit:
AYES: Hall, Wood, Schumacher, Blackburn, Packard.
NOES: None.
ABSENT: None.
MATI HALL, Mayor
~CbC~tp 'BARB ENGLEsoN, cityrk
(SEAL)
Item #10 September 27, 2016 Page 4 of 28
COSMOS cir
StTE
CAMINO VIDA ROBLE
LAS PALMAS DR
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NOT TO SCALE
SITE MAP
Abstract Ale Works
CUP 16-03
Item #10 September 27, 2016 Page 5 of 28
E
PLANNING COMMISSION RESOLUTION NO. 7186
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A
CONDITIONAL USE PERMIT TO ALLOW ABSTRACT ALE WORKS TO
OPERATE A BREWERY TASTING ROOM ON PROPERTY LOCATED AT 6350
YARROW DRIVE, SUITE C, IN LOCAL FACILITIES MANAGEMENT ZONE 5.
CASE NAME: ABSTRACT ALE WORKS
CASE NO.: CUP 16-03
WHEREAS, Matthew Zirpolo, "Developer," has filed a verified application with the City of
Carlsbad regarding property owned by Transborder Kiffman, LLC, "Owner," described as
Lot 11 of Carlsbad Tract No. 73-49, CC&F Palomar Airport Business Park
Unit No. 1, in the City of Carlsbad, County of San Diego, State of
California, according to map thereof No. 8054, filed in the office of the
County Recorder of San Diego County, December 31, 1974.
("the Property"); and
WHEREAS, said verified application constitutes a request for a Conditional Use Permit as
shown on Exhibits "A" — "I" dated August 17, 2016, on file in the Planning Division, ABSTRACT ALE WORKS
— CUP 16-03, as provided by Chapter 21.42 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on August 17, 2016, hold a duly noticed public
hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to
the CUP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of ABSTRACT ALE WORKS — CUP 16-03, based on the
following findings and subject to the following conditions:
Findings:
(Note: These findings are not applicable to 1st Amendment uses; see Section 21.42.030.8)
1. That the requested use is necessary or desirable for the development of the community, and is in
harmony with the various elements and objectives of the general plan, including, if applicable, the
certified local coastal program, specific plan or master plan, in that the proposed brewery tasting
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Item #10 September 27, 2016 Page 6 of 28
room will add to Carlsbad another popular use that is enjoyed throughout the county. The use
will provide a good balance by utilizing the industrial park space for manufacturing during
typical working hours and will provide a social environment on evenings and weekends when
the industrial park is less utilized. Furthermore, ancillary commercial (tasting room) is a
compatible land use in the PI land use designation and is conditionally permitted in the
implementing P-M zone.
2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the
zone in which the proposed use is to be located in that the proposed brewery tasting room is
compatible with the surrounding office/industrial park uses and the proposed use will provide
adequate parking that is consistent with the city's parking requirements. The existing site has
been designed to accommodate all required parking on-site and provides for adequate traffic
circulation. Furthermore the tasting room is proposed to be located within an existing building.
3. That the site for the proposed conditional use is adequate in size and shape to accommodate the
yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other
development features prescribed in this code and required by the City Planner, planning
commission or city council, in order to integrate the use with other uses in the neighborhood, in
that the brewery and tasting room will occupy 9,925 square feet of an existing building with
existing onsite landscaping and parking and requires no site alterations or additional amenities.
Furthermore, the project complies with all of the required development standards of the P-M
Zone including that a tasting room is limited to 20% of the gross floor area or 2,000 square feet,
whichever is less. The proposed 1,985 square foot tasting room is 20% of the proposed 9,925
square foot space, which is adequate in size and shape to accommodate the use as shown on
Exhibits "A — I." The brewery and tasting room requires 17 parking spaces. Including Abstract
Ale Works, the property has an excess of 3 parking spaces for all existing uses and therefore
meets all parking requirements.
4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the project is provided access from Yarrow Drive, a local
street which is currently operating at an acceptable level of service and accessed from Palomar
Airport Road and Camino Vida Roble. The 107 average daily trips associated with this proposed
brewery and tasting room can be accommodated by the existing street system.
5. 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 15301— Existing Facilities 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.
6. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, 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
issuance or implementation of the tasting room, whichever occurs first.
PC RESO NO. 7186 -2-
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Item #10 September 27, 2016 Page 7 of 28
1. 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 Conditional Use Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Conditional Use 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.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. 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.
5. 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 Conditional Use 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 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.
6. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 5 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
7. This approval shall become null and void if building permits are not issued for this project or the
tasting room is not implemented within 24 months from the date of project approval.
8. 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
5, 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.
PC RESO NO. 7186 -3-
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Item #10 September 27, 2016 Page 8 of 28
9. Developer shall submit to the City a Notice of Restriction executed by the owner of the real
property to be developed. Said notice is 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 Conditional Use Permit by Resolution No. 7186 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.
10. CUP 16-03 shall be reviewed by the City Planner annually to determine if all conditions of this
permit have been met and that the use does not have a substantial negative effect on surrounding
properties or the public health, safety and general welfare. If the City Planner determines that:
1) the Conditional Use Permit was obtained by fraud or misrepresentation; or 2) the use for which
such approval was granted is not being exercised; or 3) the Conditional Use Permit is being or
recently has been exercised contrary to any of the terms or conditions of approval or the
conditions of approval have not been met; or 4) the use for which such approval was granted has
ceased to exist or has been suspended for one year or more; or 5) the use is in violation of any
statute, ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is
being or has been so exercised as to be detrimental to the public health, safety or welfare or so
as to constitute a nuisance, the City Planner shall recommend that the Planning Commission hold
a public hearing and after providing the permittee the opportunity to be heard, the Planning
Commission may revoke and terminate the Conditional Use Permit in whole or in part, reaffirm
the Conditional Use Permit, modify the conditions or impose new conditions.
11. This Conditional Use Permit is granted without an expiration date. This permit may be revoked at
any time after a public hearing, if it is found that the use has a substantial detrimental effect on
surrounding land uses and the public's health and welfare, or the conditions imposed herein have
not been met.
12. No outdoor storage of materials, including but not limited to barley, hops and spent grain, shall
occur on-site. If at a future date outdoor storage is desired, a Consistency Determination
application shall be submitted and approved by the City Planner.
13. Spent grain and other by-products of the brewing process shall be removed from the site and
properly disposed of in a timely manner so as not to cause unpleasant odors off-site.
14. All alcohol consumed on-site shall be limited to the 1,985 square foot tasting room area as
shown on the approved exhibits. No alcohol consumption is permitted outdoors at any time.
15. No live music or other entertainment, as defined in Carlsbad Municipal Code (CMC) Section
8.09.020, is permitted unless an entertainment license is approved subject to the requirements
of CMC Chapter 8.09.
16. A valid license to operate a brewery tasting room shall be obtained from the California
Department of Alcoholic Beverage Control and kept current during the life of the tasting room.
17. Prior to occupancy, a Certificate of Occupancy Permit for a change of use shall be issued per
Carlsbad Municipal Code Section 21.60.010.
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Item #10 September 27, 2016 Page 9 of 28
18. The permitted hours of operation for the tasting room shall be Monday-Thursday 3 pm —9 pm,
Friday 3 pm —10 pm, Saturday-Sunday 11 am — 10 pm.
Engineering:
19. This project approved upon the express condition that building permits or an occupancy permit
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.
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.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
21. 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 site plan are for planning purposes only.
22. 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 or
occupancy permit issuance, except as otherwise specifically provided herein.
23. The project shall comply with the latest nonresidential disabled access requirements pursuant to
Title 24 of the California Building Code.
24. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
25. Any signs proposed for this development shall at a minimum be designed in conformance with
the City's Sign Ordinance and shall require review and approval of the City Planner prior to
installation of such signs.
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Item #10 September 27, 2016 Page 10 of 28
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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 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.
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PC RESO NO. 7186 • -6- Item #10 September 27, 2016 Page 11 of 28
1
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
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the City of Carlsbad, California, held on August 17, 2016, by the following vote, to wit:
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AYES: Chairperson Anderson, Commissioners L'Heureux, Montgomery, Segall
and Siekmann 4
5
NOES:
ABSENT: Commissioner Black and Goyarts
ABSTAIN:
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CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
PC RESO NO. 7186 -7-
VEL ANDERSON, Chairperson
Item #10 September 27, 2016 Page 12 of 28