HomeMy WebLinkAbout2015-05-20; Planning Commission; Resolution 7100
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A
CONDITIONAL USE PERMIT TO ALLOW PALOMAR BREWING TO
OPERATE A BREWERY AND TASTING ROOM ON PROPERTY LOCATED AT
2719 LOKER AVENUE WEST, SUITE D, IN LOCAL FACILITIES
MANAGEMENT ZONE 5.
CASE NAME: PALOMAR BREWING COMPANY
CASE NO.: CUP 15-01
WHEREAS, Pressly Fairweather, “Developer,” has filed a verified application with the
City of Carlsbad regarding property owned by Angela Fairweather, “Owner,” described as
Unit 1-2 of Module 1 of MS 05-24 which is a portion of Lot 3 of Parcel
Map 19517, in the City of Carlsbad, County of San Diego, State of
California, according to map thereof, filed in the office of the County
Recorder of San Diego County, June 30, 2004
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use Permit as
shown on Exhibits “A” – “B” dated May 20, 2015, on file in the Planning Division, PALOMAR BREWING
COMPANY – CUP 15-01, as provided by Chapter 21.42 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on May 20, 2015, 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 PALOMAR BREWING COMPANY – CUP 15-01, 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.B)
PLANNING COMMISSION RESOLUTION NO. 7100
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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 and tasting 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, per
Industrial Implementing Policy C.9 of the General Plan Land Use Element, ancillary
commercial (tasting room) is a compatible land use in the PI land use designation and are
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 and 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 brewery and tasting room is proposed to be
located within an existing building and only tenant improvements to the interior are required
for the use.
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 3,280 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 650 square foot tasting room is 19.8% of the
proposed 3,280 square foot space, which is adequate in size and shape to accommodate the
use as shown on Exhibits “A – B.” The brewery and tasting room requires 6 parking spaces.
Including Palomar Brewing Company, the property has an excess of 11 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 Loker Avenue West,
a local street which is currently operating at an acceptable level of service and accessed from
Palomar Airport Road and El Fuerte Street. The 26 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.
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Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building permit
issuance or occupancy, whichever occurs first.
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 an
occupancy permit is not issued within 24 months from the date of project approval.
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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.
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. 7100 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 15-01 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 650 square foot tasting room area as
shown on the approved exhibits. No alcohol consumption is permitted outdoors at any time.
PC RESO NO. 7100 -5-
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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 and tasting room shall be obtained from the California
Department of Alcoholic Beverage Control and kept current during the life of the brewery.
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.
18. The permitted hours of operation for the tasting room shall be Wednesdays 4 pm – 8 pm,
Thursdays 4 pm – 9 pm, Fridays 4 pm – 10 pm, Saturdays 11 am – 10 pm, and Sundays 11 am –
10 pm. The tasting room shall be closed on Mondays and Tuesdays.
Engineering:
19. This project is approved upon the express condition that building permits or 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.