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HomeMy WebLinkAbout2018-02-07; Planning Commission; Resolution 7288 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, APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT CUP 15-01 TO MODIFY THE HOURS OF OPERATION FOR THE BREWERY TASTING ROOM ON PROPERTY LOCATED AT 2719 LOKER AVENUE WEST, SUITE D, IN LOCAL FACILITIES MANAGEMENT ZONE 5 CASE NAME: CULVER BEER CO CASE NO.: AMEND 2017-0023 (DEV15001) WHEREAS, Ben 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 Amendment as shown on Exhibit(s) “A” – “B” dated February 7, 2018, on file in the Planning Division AMEND 2017-0023 – CULVER BEER CO, as provided by the conditions of approval of AMEND 2017-0023 and Chapter 21.42 and 21.34 of the Carlsbad Municipal Code; and WHEREAS, on June 30, 2015, the City Council approved CUP 15-01, as described and conditioned in Planning Commission Resolution No. 7100; and WHEREAS, the Planning Commission did, on February 7, 2018, 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 Conditional Use Permit 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 APPROVES AMEND 2017-0023 – CULVER BEER CO based on the following findings and subject to the following conditions: PLANNING COMMISSION RESOLUTION NO. 7288 PC RESO NO. 7288 -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 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 of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan, in that a brewery tasting room is a popular use that is enjoyed throughout the county. The use provides a good balance by utilizing the industrial park space for manufacturing during typical working hours and provides a social environment for users of the industrial park as well as the surrounding community. The amendment to expand the hours of the tasting room allows flexibility in the business operation to meet community demand. Furthermore, ancillary commercial (a brewery tasting room) is a compatible land use in the PI General Plan Land Use designation and is 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 brewery tasting room is compatible with the surrounding office/industrial park uses and the existing brewery tasting room with expanded hours will continue to 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. The existing brewery tasting room is located within an existing building and the request to amend the previously approved hours of operation does not result in any physical expansion or exterior improvements. There have been no issues raised in any of the annual reviews for Culver Beer Co. since it opened in 2016. The existing brewery and tasting room complies with all city parking requirements. Street parking is also available on Loker Avenue West. Furthermore, the Carlsbad Police Department has reviewed the request and does not object to the proposed expansion to the hours of operation. The project is conditioned to obtain and keep a valid license from the California Department of Alcoholic Beverage Control. 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 occupies 3,280 square feet of an existing 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 P-M Zone including that a brewery tasting room is limited to 20% of the gross floor area or 2,000 square feet, whichever is less. The existing 650 square foot tasting room is 19.8% of the 3,280 square foot space, which is adequate in size and shape to accommodate the use as shown on Exhibits “A – B.” The proposed expansion of hours for the brewery tasting room does not affect the number of required parking spaces on-site. The brewery and tasting room requires a total of six parking spaces and including Culver Beer Co., the property meets all parking requirements of the municipal code. 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, an Industrial 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 use will continue to be accommodated by the existing street system. PC RESO NO. 7288 -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: NOTE: The following conditions replace all conditions of approval contained within Planning Commission Resolution No. 7100. 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 Amendment. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use Permit Amendment 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 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. 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. 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 PC RESO NO. 7288 -4- 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 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. 8. CUP 15-01/AMEND 2017-0023 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. 9. 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. 10. 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. 11. 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 except during a special event with an approved permit issued by the city. 12. 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. 13. 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. 14. The permitted hours of operation for the tasting room shall be 11 am – 10 pm daily unless during a special event with an approved permit issued by the city. 15. 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. Engineering: 16. 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 PC RESO NO. 7288 -5- 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 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: 17. 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. 18. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 19. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 20. 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. NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission’s decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. 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 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 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.