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HomeMy WebLinkAbout2014-06-18; Planning Commission; Resolution 7060 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE VILLAGE MASTER PLAN AND DESIGN MANUAL TO ALLOW WINERIES AS A PROVISIONAL USE IN DISTRICTS 5 AND 6 (OUTSIDE THE COASTAL ZONE) AND TO ADD SPECIAL PROVISIONAL USE STANDARDS FOR WINERIES TO THE PLAN FOR PROPERTY GENERALLY LOCATED IN THE CITY’S DOWNTOWN AREA AND ZONED “VILLAGE REVIEW” (V-R) IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: VILLAGE MASTER PLAN CHANGES CASE NO: MP 12-01(B) WHEREAS, Adam Carruth, “Developer,” has filed a verified application with the City of Carlsbad to amend the Village Master Plan and Design Manual that constitutes a request for a Master Plan Amendment as shown on Exhibits “A” and “B,” dated June 18, 2014 attached hereto as provided in Zoning Ordinance Section 21.35.150; and WHEREAS, the verified application does not affect properties within the Coastal Zone and therefore does not require a local coastal program amendment; and WHEREAS, the Planning Commission did, on June 18, 2014, 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 Master Plan Amendment. 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 VILLAGE MASTER PLAN CHANGES – MP 12-01(B) based on the following findings and subject to the following conditions: Findings: 1. The Planning Commission finds that the proposed amendment, is in conformance with the Elements of the City’s General Plan, based on the facts set forth in the staff report dated June 18, 2014 including, but not limited to the following: . . . PLANNING COMMISSION RESOLUTION NO. 7060 PC RESO NO. 7060 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a. 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. b. Village Goal A.2 - A city which creates a distinct identity for the Village by encouraging activities that traditionally locate in a pedestrian-oriented downtown areas including offices, restaurants, and specialty retail shops. 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 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. 2. The proposed amendment satisfies the goals and objectives of the Village Master Plan and Design Manual, including those listed below. The proposed amendment implements Master Plan policies by encouraging new commercial uses. a. Goal 1 – Establish Carlsbad Village as a quality shopping, working, and living environment. b. Objective 1.3 – Attract additional tourist-serving uses. c. 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. 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 designed to be compatible 3. The proposed amendment is exempt from environmental review in that 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.” . . . . . . 1., Conditions: 2 If any of the following conditions fail to occur, or if they are, by their terms, to be implemented 3 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 4 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 Master Plan Amendment. 2. 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 g 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 Master Plan Amendment, (b) City's approval or 10 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 11 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 12 obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 13 14 15 16 17 . Q ABSENT; Chairperson Black and Commissioner Scully io 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on June 18,2014, by the following vote, to wit: AYES: Acting Chairperson L'Heureux, Commissioners Segall and Siekmann NOES: Commissioners Anderson ABSTAIN: 19 20 21 22 STEPHEN "HAP" L'HEUREUX, Acting Chairperson CARLSBAD PLANNING COMMISSION 23 24 ATTEST: DON NEU City Planner PC RESO NO. 7060 -3- EXHIBIT “A” JUNE 18, 2014 FOOD SERVICES LAND USE DISTRICTS: 1 2 3 4 5 6 7 8 9 Fast Food Restaurant (Large)* (3)   X X X X X X Fast Food Restaurant (Small) (3)   X  X X X X Microbrewery (outside the Coastal Zone)(4)    X X X X X X Quick Stop Food Store* X X  X X X X X  Restaurant w/Entertainment*      X X X  Restaurant      X X X  Sidewalk Café*   X   X X X  Winery (outside the Coastal Zone)(4)    X X X 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. EXHIBIT “B” 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 public view and adequately buffered from adjacent residential uses to mitigate noise, odor or aesthetic impacts. 6. Refuse, including grape stems, shall be removed from the winery site within 24 hours of the de- stemming process. 7. Outdoor wine fermentation tanks shall be installed with a filter to reduce the odor emanating from the winery site. 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.