HomeMy WebLinkAbout2016-09-21; Planning Commission; Resolution 71961
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PLANNING COMMISSION RESOLUTION NO. 7196
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A
CONDITIONAL USE PERMIT TO ALLOW TWO SEPARATE BREWERY
TASTING ROOMS AS ACCESSORY USES IN TWO SEPARATE ADJACENT
INDUSTRIAL OFFICE AND WAREHOUSING SUITES ON PROPERTY LOCATED
IN THE CARLSBAD CORPORATE CENTER AT 5840 EL CAMINO REAL, SUITES
100 AND 101, IN THE M-Q ZONE AND LOCAL FACILITIES MANAGEMENT
ZONE 5.
CASE NAME:
CASE NO.:
BREWERY IGNITER
CUP 16-06
WHEREAS, H.G. Fenton Company, "Developer," has filed a verified application with the
City of Carlsbad regarding property owned by Fenton Carlsbad, LLC and H.G. Fenton Company, "Owners,"
described as
Parcel C of Minor Subdivision No. 98-11 in the City of Carlsbad, County
of San Diego, State of California, according to Parcel Map No. 18416,
filed in the Office of the County Recorder of San Diego County on
January 26, 2000 as File No. 2000-39031 of official records
("the Property"); and
WHEREAS, said verified application constitutes a request for a Conditional Use Permit as
shown on Exhibits "A" -"C" dated September 21, 2016, on file in the Planning Division, CUP 16-06 -
BREWERY IGNITER, as provided by Chapter 21.42 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on September 21, 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 CUP 16-06-BREWERY IGNITER, based on the following
findings and subject to the following conditions:
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Findings:
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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 otr master plan, in that the two proposed accessory
tasting rooms in conjunction with the two proposed breweries adjacent to each other will add
another popular use to Carlsbad that is enjoyed throughout the county. These uses 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 rooms) is a compatible land use
under the Planned Industrial (PI) General Plan Land Use designation and is conditionally
permitted in the implementing Industrial with Qualified Development Overlay (M-Q) 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 two proposed accessory tasting rooms
in conjunction with two proposed breweries are compatible with the sut·rounding industrial
office and warehousing uses and the proposed uses 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 rooms are 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 proposed brewery and tasting room uses will occupy a total of 4,125 square feet (Suite
100 -2,027 sq. ft., Suite 101 -2,097 sq. ft.) of an existing 43,156 sq. ft. building with existing
onsite landscaping and parking and no site alterations or additional amenities are required.
Furthermore, the project complies with all of the required development standards of the M-Q
Zone, including the requirement that an accessory tasting room be limited to 20% of the gross
floor area or 2,000 square feet, whichever is less. The 409 square foot accessory tasting room
proposed in Suite 100 is 20% of the 2,027 square foot tenant space, while the 420 square foot
accessory tasting room proposed in Suite 101 is 20% of the 2,097 square foot tenant space; all
of which are adequate in size and shape to accommodate the proposed uses as shown on
Exhibits" A"-"C". The brewery and tasting room uses require 12 parking spaces (6 spaces each)
where 16 parking spaces are available, creating an onsite surplus of 4 parking spaces.
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 direct access from El Camino Real
via an existing dedicated right-turn lane into the site and Faraday Avenue. El Camino Real and
Faraday Avenue are arterial streets and can easily accommodate the 48 average daily trips
(ADT) (15 ADT net increase) associated with the two proposed brewery and tasting room uses.
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.
PC RESO NO. 7196 -2-
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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.
4 Conditions:
5 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building permit
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1.
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issuance or implementation of either tasting room, whichever occurs first.
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.
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7.
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This approval shall become null and void if building permits are not issued for this project or the
tasting rooms are 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.
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. 7196 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 16-06 shall be reviewed by the City Pla11ner 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 and Fire Marshal.
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 409 square foot tasting room area of Suite
100 and the 420 square foot tasting room area of Suite 101 as shown on the approved exhibits.
No alcohol consumption is permitted outdoors at any time.
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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 in Suite 100 and Suite 101 shall be obtained
from the California Department of Alcoholic Beverage Control and kept current during the life
of each 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.
The permitted hours of operation for the tasting rooms shall be Monday through Thursday, 3
p.m. to 9 p.m.; Friday, 3 p.m. to 10 p.m.; Saturday, 12 p.m. to 10 p.m.; and Sunday, 12 p.m. to
8p.m.
Engineering:
19.
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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 treatment practices or devices, 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.
This project is approved upon the express condition that building permits 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
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
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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.
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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
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, oras to which the statute
of limitations has previously otherwise expired.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on September 21, 2016, by the following vote, to wit:
AYES: Chairperson Anderson, Goyarts, L'Heureux, Segall and Siekmann
NOES:
ABSENT: Commissioners Black and Montgomery
ABSTAIN:
~2f4r/buW
VELYN ANDERSON, Chairperson
CARLSBAD PLANNING COMMISSION
12 ATIEST:
13~~
14 DON NEU
City Planner
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PC RESO NO. 7196 -7-