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HomeMy WebLinkAbout2016-08-17; Planning Commission; Resolution 71861 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 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) B) That the foregoing recitations are true and correct. 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.B) 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 ofthe general plan, including, if applicable, the certified local coastal program, specific plan or master plan, in that the proposed brewery tasting 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 2. 3. 4. 5. 6. 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 Jess 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. 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. 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 Jess. 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. 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. 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, ancl 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. 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- 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 1. 2. 3. 4. 5. 6. 7. 8. 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. 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. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 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. 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. 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. 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. 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- 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 9. 10. 11. 12. 13. 14. 15. 16. 17. 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. 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. 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. 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. 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. 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. 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. 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. Prior to occupancy, a Certificate of Occupancy Permit for a change of use shall be issued per Carlsbad Municipal Code Section 21.60.010. PC RESO NO. 7186 -4- 1 2 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. 3 Engineering: 4 5 6 7 8 9 10 11 12 19. 20. 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. 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 ofthe above requirements. Code Reminders: The project is subject to all applicable provisions of local ordinances, including but not limited to the 13 following: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21. 22. 23. 24. 25. 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. 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. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 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. PC RESO NO. 7186 -5- 1 2 3 4 5 6 7 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 8 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 9 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. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 7186 -6- 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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on August 17, 2016, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATIEST: Yl~ DON NEU City Planner PC RESO NO. 7186 Chairperson Anderson, Commissioners L'Heureux, Montgomery, Segall and Siekmann Commissioner Black and Goyarts -7-