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HomeMy WebLinkAbout2019-06-19; Planning Commission; Resolution 7335PLANNING COMMISSION RESOLUTION NO. 7335 A RESOLl,JTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MINOR SITE DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR A 2,206- SQUARE-FOOT BREWERY AND TASTING ROOM AND THE PURCHASE OF ONE (1) PARKING IN-LIEU FEE LOCATED AT 2825 STATE STREET IN THE. VILLAGE CENTER (VC) DISTRICT OF THE VILLAGE AND BARRIO MASTER PLAN AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: CASE NO.: PURE PROJECT BREWERY AND TASTING ROOM SDP 2019-0002/CUP 2018-0021 (DEV2018-0196) WHEREAS, Satterly Properties, "Owner'' and Pure Project, LLC, "Applicant," has filed a verified application with the City of Carlsbad regarding property described as Lot 7 and Lot 8 in Block J of town of Carlsbad, in the City of Carlsbad, according to Map thereof No. 535, filed in the Office of the County Recorder of San Diego County, May 2, 1888 ("the Property"); and WHEREAS, said verified application constitutes a request for a Minor Site Development Plan and Conditional Use Permit as shown on Exhibit(s) "A" -"F" dated June 19, 2019, on file in the Planning Division SDP 2019-0002/CUP 2018-0021 -PURE PROJECT BREWERY AND TASTING ROOM, as provided by Chapters 21.06, 21.35 and 21.42 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on June 19, 2019, 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 persons desiring to be heard, said Commission considered all factors relating to the Minor Site Development Plan and Conditional Use Permit. 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 SDP 2019-0002/CUP 2018-0021 -PURE PROJECT BREWERY AND TASTING ROOM, based on the following findings and subject to the following conditions: Findings: Minor Site Development Plan SDP 2019-0002 1. That the proposed development or use is consistent with the General Plan and any applicable master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the Carlsbad Municipal Code {CMC), and all other applicable provisions of this code, in that the proposed 2,206-square-foot brewery and tasting room is consistent with the General Plan and satisfies the minimum requirements of the Village and Barrio Master Plan (VBMP) and Title 21 of the CMC as it relates to the use, parking, access, public facilities and design, as discussed below and in the project staff report dated June 19, 2019. 2. That the requested development or use is properly related to the site, surroundings and environmental settings, will not be detrimental to existing development or uses or to development or uses specifically permitted in the area in which the proposed development or use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the project proposes to convert 2,206 square feet of an existing building located on the corner of Christiansen Way and State Street into a brewery and tasting room in the Village Center (VC) District of the VBMP. Pursuant to the project description provided by the applicant, the production of the beer onsite will be limited to fermentation in wooden tanks. The initial stages of the manufacturing process to brew the unfermented beer will be completed offsite. Therefore, the potential for odors and the need to dispose of solid waste created by spent- grains will be eliminated. In addition, exhaust porting to the exterior of the building will not be required. The properties to the north, south and west are also located within the VC District of the VBMP and include uses such as a theater, restaurant, commercial retail and an ice cream shop. In addition, several multi-family residential developments are located within a quarter mile radius of the property. Given the variety of the surrounding land uses, as well as the fact that the most intensive component of the brewing process is completed offsite, the proposed brewery and tasting room will not adversely impact the surrounding land uses. The net increase in average daily trips (ADTs) associated with the change in use from retail to a brewery with a tasting room is 52 ADTs. The surrounding streets have adequate capacity to accommodate the ADTs generated by the project. 3. That the site for the intended development or use is adequate in size and shape to accommodate the use, in that the proposed brewery and tasting room will operate in an existing building previously occupied with a retail use. No additions to the building are proposed to accommodate the use. In fact, a portion of the building will be removed to create an outdoor patio. 4. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested development or use to existing or permitted future development or use in the neighborhood will be provided and maintained, in that the proposed brewery and tasting room will operate in an existing building previously occupied with a retail use. A 3.5-foot-tall open horizontal wood fence is proposed around the perimeter of the outdoor patio which complies with the standards of the VBMP and complements the materials of the existing building and the proposed brewery use. 5. That the street systems serving the proposed development or use is adequate to properly handle all traffic generated by the proposed use, in that the surrounding streets have adequate capacity to accommodate the 52 Average Daily Trips (ADTs) generated by the project. In addition, State Street and Christiansen Way are improved with pavement, curb, gutter and sidewalks. PC RESO NO. 7335 -2- Conditional Use Permit CUP 2018-0021 6. 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 the Village and Barrio Master Plan, in that the proposal to convert 2,206-square feet of a 3,725-square-foot retail building to a brewery with an accessory tasting room and outdoor patio contributes toward the goal of providing a lively, interesting social environment in the Village. The addition of a craft brewery complements the surrounding mix of land uses. In addition, the proposed project is located adjacent to the Carlsbad Village train station, which provides rail and bus service throughout the day. The project supports walkability and mobility by locating near residential and commercial land uses. 7. 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 pursuant to the project description provided by the applicant, the production of the beer onsite will be limited to fermentation in wooden tanks. The initial stages of the manufacturing process to brew the unfermented beer will be completed offsite. Therefore, the potential for odors and the need to dispose of solid waste created by spent-grains will be eliminated. In addition, exhaust porting to the exterior of the building will not be required. The surrounding properties are also located within the VC District of the VBMP and include uses such as a theater, restaurant, commercial retail and an ice cream shop. In addition, several multi-family residential developments are located within a quarter-mile radius of the property. Given the variety of the surrounding land uses, as well as the fact that the most intensive component of the brewing process is completed offsite, the proposed brewery and tasting room will not be detrimental to existing uses or uses permitted in the VC District of the VBMP. 8. 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 project proposes to convert 2,206 square feet of an existing building located on the corner of Christiansen Way and State Street into a brewery and tasting room in the Village Center (VC} District of the VBMP. The remodel is proposed within the existing building footprint. A portion of the building will be demolished to accommodate the 335 square-foot outdoor patio. Two parking spaces are existing at the rear of the building, including one accessible parking stall. One (1) parking in-lieu fee is proposed to be purchased to satisfy the parking requirement for the intensification in use. A 3.5-foot-tall open horizontal wood fence is proposed around the perimeter of the outdoor patio which complies with the standards of the VBMP and complements the materials of the existing building and the proposed brewery use. 9. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the surrounding streets have adequate capacity to accommodate the 52 Average Daily Trips (ADT) generated by the project. In addition, State Street and Christiansen Way are improved with pavement, curb, gutter and sidewalks. Parking 10. The Developer/Property owner qualifies to participate in the Parking In-Lieu Fee Program and participation in the program will satisfy the parking requirements for the project. Justification for participation in the Parking In-Lieu Fee Program is contained in the following requirements and findings: PC RESO NO. 7335 -3- General a. That the Parking In-Lieu Fee Program shall be applicable only to non-residential uses in specific areas east of the railroad corridor in that the brewery use is non-residential and the property is located east of the railroad tracks and within the VC District. b. Only non-residential uses in the VC District (east of the railroad tracks only) and in the VG, FC and PT districts are eligible to participate in Parking In-Lieu Fee Program in that the proposed brewery use is non-residential and is located east of the railroad tracks in the VC District. c. The average occupancy of off-street public parking spaces within a quarter mile radius of the property boundaries of use requesting to pay the In-Lieu Fee shall be under 85 percent based on the most recent city-authorized parking study or other information determined acceptable by the city planner in that based on the most recent data available, which includes the results of the parking study completed in August 2018 (weekday and weekend), the maximum average occupancy of the lots located within a quarter mile radius was 78.9 percent (weekday average, 9 AM -9 PM, August 2018). d. The In-Lieu payment shall always be made for a whole parking space in that the applicant proposes to purchase one (1) parking in-lieu fee. e. Fee payment shall not result in a reserved parking space or spaces in that no spaces are proposed to be reserved. f. That the use complies with the program's participation restrictions in that it complies with the above-noted participation requirements. g. That adequate off-street public parking is available to accommodate the project's parking demand, based on the city's most recent city-authorized parking study or other information in that a total of five (S) public parking lots and 274 parking spaces are located within a quarter mile radius of the property. Based on the most recent data available, which includes the results of the parking study completed in August 2018 (weekday and weekend), the maximum average occupancy of the lots located within a quarter mile radius was 78.9 percent (weekday average, 9 AM -9PM, August 2018). This maximum average occupancy allows for the continued implementation of the parking in-lieu fee program because it is less than the average 85% threshold for maximum utilization set by the City Council. Therefore, adequate parking is available within the Village to accommodate the project's parking demands. h. That the In-Lieu Fee Program has not been suspended or terminated by the City Council in that the In-Lieu Fee Program remains in effect. 11. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the city's General Plan, and the development standards of the Village and Barrio Master Plan, based on the facts set forth in the staff report dated June 19, 2019 including, but not limited to the following: a. Land Use & Community Design -The proposal to convert 2,206 square feet of a 3,725- square-foot retail building to a brewery with an accessory tasting room and outdoor patio contributes toward the goal of providing a lively, interesting social environment PC RESO NO. 7335 -4- in the Village. The addition of a craft brewery complements the surrounding mix of land uses, which includes multi-family residential units, a theater, retail stores, restaurants and an ice cream shop. b. Mobility -The applicant is required to pay traffic impact fees for the intensification in use prior to the issuance of building permits that would go toward future road improvements. The proposed project is located adjacent to the Carlsbad Village train station, which provides rail and bus service throughout the day. The project supports walkability and mobility by locating near residential and commercial land uses. Bicycle racks are proposed as a component of the proposed project. In addition, street trees are existing in the sidewalk adjacent to Christiansen Way. c. Public Safety -The proposed structural improvements would be required to meet all seismic design standards. The Fire Department approved the project and indicated that fire sprinklers are not required for an occupant load less than 100. Therefore, the proposed project is consistent with the applicable fire safety requirements. In addition, the Police Department has approved the proposed brewery use. The project would be required to develop and implement a program of "best management practices" for the elimination and reduction of pollutants which enter and/or are transported within storm drainage facilities. The project has been conditioned to pay all applicable public facilities fees for Zone 1. d. Village Center (VC) District Standards -The project as designed is consistent with the development standards for the VC District, the VBMP Design Guidelines and all other applicable regulations set forth in the VBMP as discussed in the project staff report and Attachment 4. The project is not requesting any deviations to the development standards and the purchase of one (1) parking in-lieu fee satisfies the parking requirement. 12. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 and all city public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regardlng sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, a. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. b. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 13. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 14. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 1. PC RESO NO. 7335 -5- 15. That all necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted city standards. 16. 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 15303, New Construction or Conversion of Small Structures, 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. 17. 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 the issuance of the building permit. 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 Minor Site Development Plan and Conditional Use Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Site Development Plan and 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 Minor Site Development Plan and Conditional Use PC RESO NO. 7335 -6- 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 1 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 within 24 months from the date of project approval. 8. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the city that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 9. 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 1, 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. 10. Prior to the issuance of the approval of the building permit, 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(n) Minor Site Development Plan and Conditional Use Permit by Resolution(s) No. 7335 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. 11. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. 12. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner of an Outdoor Storage Plan, and thereafter comply with the approved plan. 13. Prior to issuance of building permits, the Developer shall enter into a Parking In-Lieu Fee Participation Agreement and pay the established Parking In-Lieu Fee for! parking space. The fee shall be the total of the fee per parking space in effect at the time of the building permit PC RESO NO. 7335 -7- issuance times the number of parking spaces needed to satisfy the project's parking requirement (1 space total). Engineering General 14. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. 15. 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. 16. Prior to issuance of the building permit, the developer shall complete the processing of a lot line adjustment between Lot 7 and Lot 8 of Map No. 535. Storm Water Quality 17. 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 ~evices, 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. 18. Developer shall complete and submit to the city engineer a Determination of Project's SWPPP Tier Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan {SWPPP) to the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 19. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc.) incorporate all source control, site design, pollutant control BMP and applicable hydromodification measures. Dedications/Improvements 20. Prior to any work or equipment staging in city right-of-way or public easements, Developer shall apply for and obtain a right-of-way permit to the satisfaction of the city engineer. Utilities 21. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if PC RESO NO. 7335 -8- proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the district engineer. 22. Sizes and locations of water service, water meter, and backflow preventer shall be shown on the building plans and shall be provided and justified to the satisfaction of the district engineer and city engineer. The locations and sizes of said services shall be reflected on public improvement plans. 23. Sizes and locations of sewer laterals shall be shown on the building plans and shall be provided and justified to the satisfaction of the district engineer and city engineer. The locations and sizes of the sewer laterals shall be reflected on public improvement plans. Code Reminders 24. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the City of Carlsbad Municipal Code to the satisfaction of the city engineer. 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 tentative map are for planning purposes only. 26. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 27. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management fee for Zone 1 as required by Carlsbad Municipal Code Section 21.90.050. 28. 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 issuance, except as otherwise specifically provided herein. 29. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 30. Any signs proposed for this development shall at a minimum be designed in conformance with the Village and Barrio Master Plan and shall require review and approval of the City Planner prior to installation of such signs. 31. Developer acknowledges new forthcoming requirements related to the city's Climate Action Plan (CAP) will likely impact development requirements of this project and may be different than what is proposed on the project plans or in the project's CAP Checklist. Developer acknowledges the new CAP requirements are related to energy efficiency, photovoltaic, electric vehicle charging, water heating and traffic demand management requirements, as set forth in City Council Ordinance Nos. CS-347, CS-348, CS-349 and CS-350 and City Council Resolution No. 2019-024, are available on the city's website. CAP requirements may impact, but are not limited to, site design and local building code requirements. If incorporating new CAP requirements results in substantial modifications to the project, then prior to issuance of development permits, Developer may be required to submit and receive approval of a Consistency Determination or Amendment for this project through the Planning Division. Once adopted as part of Title 18 and in effect, compliance with the new CAP requirements must be demonstrated on or with the construction plans prior to issuance of the applicable development permits. PC RESO NO. 7335 -9- 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 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. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on June 19, 2019, by the following vote, to wit: AYES: Chair Luna, Commissioners Geidner, Meenes, Merz, and Stine NOES: Commissioner Lafferty ABSENT: Commissioner Anderson ABSTAIN: /) I . {Ut O , 1 \_ I , CAROLYN LUNA, airperson CARLSBAD PLANNING COMMISSION ATTEST: ·k-___·½=f . TERI DELCAMP Principal Planner PC RESO NO. 7335 -10-