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HomeMy WebLinkAbout2017-06-21; Planning Commission; Resolution 7245 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 DISTILLERIES AND RESTAURANTS AS PROVISIONAL USES WITHIN LAND USE DISTRICT 6 (OUTSIDE THE COASTAL ZONE) OF THE VILLAGE REVIEW ZONE AND TO ADD SPECIAL PROVISIONAL USE STANDARDS FOR DISTILLERIES TO THE MASTER 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 AMENDMENT FOR DISTILLERIES AND RESTAURANTS CASE NO: AMEND 2017-0005 (DEV2017-0023) WHEREAS, Nicholas Hammond, “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 21, 2017 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 21, 2017, 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 Planning Commission RECOMMENDS APPROVAL of AMEND 2017-0005 – VILLAGE MASTER PLAN AMENDMENT FOR DISTILLERIES AND RESTAURANTS 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 21, 2017 including, but not limited to the following: PLANNING COMMISSION RESOLUTION NO. 7245 PC RESO NO. 7245 -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. Goal 2-G.29: Maintain and enhance the Village as a center for residents and visitors with commercial, residential, dining, civic, cultural, and entertainment activities. Goal 2-G.30: Develop a distinct identity for the Village by encouraging a variety of uses and activities, such as a mix of residential, commercial office, restaurants and specialty retail shops, which traditionally locate in a pedestrian–oriented downtown area and attract visitors and residents from across the community by creating a lively, interesting social environment. The proposed amendment is consistent with the General Plan in that it will assist in providing a unique dining, shopping and cultural experience where residents and visitors will be able to sample and purchase locally made spirits. Craft distilleries typically include specialty retail shops where locally made spirits are made and sold to patrons who are there to sample the product. Land Use District 6 is within walking distance to the core of the Village, visitor serving uses such as hotels and restaurants, and residential neighborhoods. Additionally, allowing restaurants in Land Use District 6 will allow for more dining opportunities in the Village which would be within walking distance to hotels and housing in the Village and Barrio. 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 distilleries and restaurants as provisional uses in Land Use District 6 will further improve the Village as a shopping and tourist destination for both residents and visitors. The distilleries will complement the existing restaurants and hotels by providing a unique tasting experience that otherwise occurs in more industrial areas. The potential impacts to surrounding uses can be avoided in that special provisional use standards for distilleries are proposed to ensure compatibility with surrounding uses. By allowing distilleries and restaurants as provisional uses, conditions can be placed on the land use permit so they are compatible with surrounding uses. 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. Distilleries and restaurants 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.” PC RESO NO. 7245 -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 Conditions: 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 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 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 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of 2 the City of Carlsbad, California, held on June 21, 2017, by the following vote, to wit: 3 AYES: Chairperson Segall, Commissioners Rodman and Siekmann 4 NOES: Commissioners Black and Montgomery 5 ABSENT: Commissioners Anderson and Goyarts 6 7 ABSTAIN: 8 9 10 JEFF SEGALL, Chairperson 11 CARLSBAD PLANNING COMMISSION 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATIEST: ~Lt DON NEU City Planner PC RESO NO. 7245 -4- EXHIBIT “A” JUNE 21, 2017 FOOD SERVICES LAND USE DISTRICTS: 1 2 3 4 5 6 7 8 9 Distillery (outside the Coastal Zone) X X X X X  X X X 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 (outside the Coastal Zone in District 6)       X X  Sidewalk Café*   X   X X X  Winery (outside the Coastal Zone)(4)    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 21, 2017 Distilleries Definition: A business with a Craft Distiller’s License (Type-74) that manufactures alcoholic spirits, which may include retail sales and food sales on the premises. Consideration 1. Distilleries could have the potential of creating noise, odor or aesthetic problems for nearby residential uses due to production, storage, and customer and delivery traffic. Location and Development Criteria 1. Distilleries shall not be located where they are likely to adversely impact residential uses. 2. Deliveries of materials and supplies should not occur during hours that would negatively impact residents within the vicinity of the distillery’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 production shall be screened from public view and adequately buffered from adjacent residential uses to mitigate noise, odor or aesthetic impacts. 6. By-products or waste from the production of distilled liquor shall be removed within 24 hours of and properly disposed of off the property. 7. Fermentation tanks shall be located indoors and installed with a filter to reduce the odor emanating from the distillery site. 8. Any on-sale distillery business shall be operated in conjunction with a bona fide easting establishment and shall comply with all Type-74 ABC License requirements. 9. Each customer may attend a maximum of one instructional tasting per day. 10. Hours of operation for on-sale distillery businesses shall be determined through the Village Review Permit process. Findings – In order for this use to receive a Village Review Permit, it should be consistent with the following findings: 1. The distillery will not have a negative impact on Village residents or surrounding uses. 2. The exterior design of the facility and signage are appropriate to the Village and compatible with adjacent uses.