HomeMy WebLinkAbout2012-08-28; City Council; 20990; Gunther's Retail CUP 12-02AB# 20,990
MTG. 8/28/12
CITY OF CARLSBAD-AGENDA BILL
DEPT. DIRECTOR Afgjp
DEPT. CED
GUNTHER'S RETAIL
CUP 12-02
CITY ATTORNEY -^W^
CITY MANAGER
RECOMMENDED ACTION:
That the City Council hold a public hearing and ADOPT Resolution No2012-202DENYING the appeal
and upholding the decision of the Planning Commission to DENY Conditional Use Permit CUP 12-02
based on the findings contained therein.
ITEM EXPLANATION:
On July 3, 2012 the Planning Commission adopted (4-0; Nygaard and Scully absent; Seikmann
abstained) Planning Commission Resolution No. 6891, denying Conditional Use Permit CUP 12-02.
The project is a request to convert 965 square feet of an existing building housing an on-line gift store
business, located at 2717 Loker Avenue in the Planned Industrial (P-M) zone, to a walk-in retail use
which would consist of the sales of assorted gifts (engraved tactical knives, personalized license plates
frames, glass vases, jewelry boxes, money clips, jewelry, liquor flasks and zippo lighters) in addition to
the transfer, sales and storage of firearms. The current use, Gunther Gifts, an on-line assorted
merchandise business, is an allowed use because it is a storage, wholesale, and distribution facility
which does not generate any direct retail, general public pedestrian, or automobile traffic to the site.
The CUP was recommended for denial by staff and denied by the Planning Commission, as discussed
in the attached staff Planning Commission report, because the proposed use is not consistent with: (1)
the Planned Industrial (PI) General Plan Land Use designation, (2) the purpose and intent of the
Planned Industrial (P-M) Zone and (3) the Carlsbad Airport Center Specific Plan (SP 200(B)).
Specifically:
• Planned Industrial Implementing Policy (C.9) of the General Plan Land Use Element allows, by
Conditional Use Permit, ancillary commercial, office, and recreational uses when clearly onented
to support industrial development and their populations (emphasis added).
Traditional examples of ancillary commercial uses which clearly support the industrial park and
their populations would include office supply retail, office equipment, blueprinting, copy and
duplicating services, dry cleaning, delicatessens, and personal grooming services. The
proposed retail gift store use is not clearly oriented to support industrial office, manufactunng,
and warehousing uses and therefore cannot be found consistent with the Planned Industrial (PI)
General Plan land use designation. Historically, there have been no other CUP's approved for
similar retail uses which do not clearly support the industrial park within the Planned Industnal
land use designation;
DEPARTMENT CONTACT: Chris DeCerbo 760-602-4611 chris.decerbo@carlsbadca.gov
FOR CITY CLERKS USE ONLY. /yi 5 /-i COUNCIL ACTION: APPROVED • CONTINUED TO DATE SPECIFIC M /O"^"
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER - SEE MINUTES •
AMENDED • Agenda Bill Void - See AB 21,022
Page 2
• The intent and purpose of the Planned Industrial Zone is to allow businesses, light industrial and
office uses whose primary purpose is not to cater directly to the general public (emphasis added)
and certain commercial uses that will cater to and be ancillary to the businesses, light industrial
and office uses.
The proposed retail gift store does not meet this purpose and intent; and
• The project site (Lot 38 of SP 200(B)), is not identified as one of the four lots within the Carlsbad
Airport Center Specific Plan identified for the location of certain retail uses which generally
support the businesses, light industrial and office uses permitted by the specific plan. These four
sites are generally located along Palomar Airport Road and include the existing business center
(Staples, etc.) located at the Palomar Airport Road and Loker Avenue West intersection.
The project applicant (Greg Gunther) spoke at the Planning Commission hearing and his testimony and
the Planning Commissioner's responses are included in the attached Planning Commission minutes.
Based upon a review of the facts, including the appeal form filed by the applicant, staff and the Planning
Commission recommend that the City Council uphold the decision of the Planning Commission to deny
CUP 12-02.
FISCAL IMPACT:
There are no fiscal impacts to the City other than administrative staff costs associated with the
processing of this appeal.
ENVIRONMENTAL IMPACT:
Pursuant to Section 15270 of the California Environmental Quality Act (CEQA), CEQA does not apply to
projects which a public agency rejects or disapproves. Othen/vise, the project is exempt from CEQA
pursuant to Section 15301, Existing Facilities, ofthe State CEQA Guidelines. A Notice of Exemption will
be filed by the City Planner in the event that the City Council votes to overturn the Planning
Commission's decision to deny this CUP.
EXHIBITS:
1. City Council Resolution No. 2012-202
2. Location Map
3. Planning Commission Resolution No. 6891, dated July 3, 2012
4. Planning Commission Staff Report, dated July 3, 2012
5. Excerpts of Planning Commission Minutes, dated July 3, 2012
6. Applicant Appeal Form and Attachments, dated July 12, 2012.
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EXHIBIT 1
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RESOLUTION NO. 2012-202
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DENYING AN APPEAL AND
UPHOLDING THE DECISION OF THE PLANNING
COMMISSION TO DENY THE CONDITIONAL USE PERMIT CUP
12-02 REQUEST TO ALLOW FOR A 965 SQUARE FOOT
RETAIL USE WITHIN AN EXISTING BUILDING HOUSING AN
ON-LINE GIFT STORE BUSINESS WITHIN THE PLANNED
INDUSTRIAL ZONE ON PROPERTY LOCATED AT 2717 LOKER
AVENUE WEST, SUITE B, IN LOCAL FACILITIES
MANAGEMENT ZONE 5.
CASE NAME: GUNTHER'S RETAIL
CASE NO.: CUP 12-02
follows:
The City Council of tl )ad, California, does hereby resolve as
publij
WHEREAS, pursuant to the provisions of
Commission did, on July 3, 2012, hold a\uly noticed
consider Conditional Use Permit^UP 12-O^nd adopt
6891, denylig Con
Municipal Code, the Planning
heanng as prescribed by law to
denial of C ^nditilnal
in^^l
lannina C^mnission Resolution No.
Use PeiViit CUP 12-02^ and
e City ^uncil of the City of GJrisbad, oaJh^ day of
ili#hearinq 1% c9nsid< Id a duly noticed pS||^i^earing
t CUP 12-0
isider an appeal of the
aid public h(
and argum^ts, if any, oTaFI persons cj^ing to bi City^ouncil considered all factors
le^fng, upon hearing and^^sidcuffn
>e i^^, the Ci
ItojJWI Use Permrt^ • ^
ERE5(K, BE IT HEREBY RE
g all testimony
ED by the City Council of the City
luting to tl^ adoption of a Condjji
NOW, THERE5(B^\ BE IT l^pREBY RESC
of Cartsba^difollows: ^
Tjji^i^ab^i recitatlns a^true and correct.
'2. If Trl^the City Council denies the appeal and upholds the decision of the
Planning Corllmiss\i to ofeny Conditional Use Permit CUP 12-02, and that the findings of the
Planning CommissiOTi contained in Planning Commission Resolution No. 6891 on file with the
City Clerk and incorporated herein by reference, are the findings and conditions of the City
Council.
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"NOTICE TO APPLICANT"
The time within which judicial review of this decision must be sought is governed
by Code of Civil Procedure, Section 1094.6, which has been made applicable in
the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or
other paper seeking review must be filed in the appropriate court not later than
the ninetieth day following the date on which this decision becomes final;
however, if within ten days after^hw iflwHlHino^^comes final a request for the
record is filed with a deposit in an amlunt sufficier!hto cover the estimated cost
or preparation of such record, the timeLvithin which sVch petition may be filed in
court is extended to not later tfian the tlVtieth day follol^ing the date on which the
record is either personally daivered o\ mailed to rfe party, or his attorney of
record, the has one. A writteimrequestlpr the Mifparation of the record of the
proceeJngs shall be filed withYhe City \^rk,jdty of Cartsbad, 1200 Carlsbad
Village prive, Cfrlsbad, CA. 920ol
PASSE|, APP
City of Carlsbacfon the
AYES
NOE
ABSENT:
ADOPltp at a Regular Meeting of the City Council of the
2012, by the following vote to wit:
MATT HALL, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
EXHIBIT 2
NOT TO SCALE
SITEMAP
Gunther's Retail
CUP 12-02
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EXHIBIT 3
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PLANNING COMMISSION RESOLUTION NO. 6891
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, DENYING A
3 CONDITIONAL USE PERMIT TO ALLOW FOR A 965
SQUARE FOOT RETAIL USE WITHIN AN EXISTING
4 OFFICE/WAREHOUSE BUSINESS WITHIN THE PLANNED
INDUSTRL\L ZONE ON PROPERTY LOCATED AT 2717
LOKER AVENUE WEST, SUITE B, IN LOCAL FACILITIES
6 MANAGEMENT ZONE 5.
CASE NAME: GUNTHER'S RETAIL
7 CASE NO.: CUP 12-02
WHEREAS, Gunther LLC, "Developer/Owner," has filed a verified application
with the City of Carlsbad regarding property" described as
("the Property"); and
WHEREAS, said verified application constitutes a request for a Conditional Use
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Lot 2 of Carlsbad Tract No. 03-12 in the City of Carlsbad,
^ ^ County of San Diego, State of California, According to Parcel
j2 Map Thereof No. 19517, Filed in the Office of the County
Recorder of San Diego County, June 30,2004
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16 Permit dated July 3,2012, on file in the Planning Division, GUNTHER'S RETAIL - CUP 12-
17 02, as provided by Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on July 3, 2012, 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
23 relating to the CUP.
24 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
28 DENIES GUNTHER'S RETAIL - CUP 12-02, based on the following findings
and subject to the following conditions:
^ Findings;
2
1. That the requested use is necessary or desirable for the development of the community,
3 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 the
4 proposed retail use is not in harmony with the Land Use Element of the General
^ Plan and that the General Plan Land Use Industrial Implementation Policy C.9
states that the conditional use must be clearly oriented to support industrial
6 development and their populations. As discussed in the staff report in Section A,
the project does not comply with this General Plan Land Use Policy and therefore
7 cannot be supported. Furthermore, the proposed retail use is not consistent with
Specific Plan 200(B) as discussed in the staff report in Section "B."
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9 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 proposed retail
10 business does meet or exceed the zoning development regulations, is architecturally
compatible with the surrounding industrial buildings, and the site is adequately
^ ^ designed to accommodate the current on-line operations. The project does not meet
j2 the intent and purpose of the zone, whose primary purpose is to cater to the
industrial populations in the area and not to cater directly to the general public.
13 Only retail commercial uses which will cater and/or be ancillary to the other uses
and populations in the zone are allowed. Therefore, the retail use is not consistent
14 in supporting the neighboring industrial zone users and will be detrimental to
surrounding industrial office uses and cannot be supported.
16 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,
17 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 retail use is proposed in an existing
19 building that is adequate in size and shape and meets all development standards and
parking regulations. The project cannot be supported due to its public serving
20 nature which does not integrate with the industrial office uses in the neighborhood.
21 4. That the street system serving the proposed use is adequate to properly handle all traffic
22 generated by the proposed use, in that the proposed use will not increase ADT's
significantly (approximately 8 ADT increase) and the street system is adequate to
23 handle any traffic generated by the use.
24 5. Pursuant to Section 15270 ofthe Califomia Environmental Quality Act (CEQA), CEQA
does not apply to projects which a public agency rejects or disapproves.
26 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
27 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.
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PCRESON0.6891 -2-
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^ NOTICE
2
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
4 "fees/exactions."
5 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
6 66020(a), and file the protest and any other required information with the City Manager for
J 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
g annul their imposition.
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9 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
11 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
12 expired.
13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
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Commission of the City of Carlsbad, Califomia, held on July 3, 2012 by the following vote, to
wit:
AYES: Chairperson Schumacher, Commissioners Arnold, Black and
L'Heureux
NOES:
ABSENT: Commissioners Nygaard, Scully and Siekmann
ABSTAIN:
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23 MICHAEL SCHUMACHER, Chairperson
CARLSBAD PLANNING COMMISSION
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ATTEST:
27 DONNEU
2g City Planner
PCRESON0.6891 -3-
EXHIBIT 4 The City of Carlsbad Planning Division
A REPORT TO THE PLANNING COMMISSION
Item No.
Application complete date: March 14, 2012
P.C. AGENDA OF: July 3, 2012 Project Planner: Dan Halverson
Project Engineer: Clyde Wickham
SUBJECT:
I.
CUP 12-02 - GUNTHER'S RETAIL - Request for a Conditional Use Permit to
allow for a 965 square foot retail use within an existing office/warehouse business
within the Planned Industrial zone on property located at 2717 Loker Avenue
West, Suite B, in Local Facilities Management Zone 5.
RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 6891 DENYING
Conditional Use Permit CUP 12-02 based on the findings and subject to the conditions contained
therein.
II. INTRODUCTION
The proposal involves the conversion of an existing industrial office space into a retail use within
the Plarmed Industrial zone. The use would consist of approximately 10% (965 square feet) of
the floor space of an existing on-line gift; store being converted to a retail use which would
consist of the sales of assorted gifts in addition to the transfer, sales, and storage of firearms. The
use would be subordinate to the on-line sales of gifts which is allowed within the Plaimed
Industrial zone. Staff finds that the proposed use is not consistent with the General Plan in that
the retail use (the sales of assorted gifts and goods such as personalized license plates frames,
glass vases, jewelry boxes, money clips, jewelry, liquor flasks, zippo lighters, and most recently
fireamis) is not clearly oriented to support the industrial office developments or their populations
and therefore is recommending denial of the Conditional Use Permit,
III. PROJECT DESCRIPTION AND BACKGROUND
The project site is located at 2717 Loker Avenue West, Suite B, and is one of six buildings in an
existing industrial office complex. The building, which fi*onts on Loker Avenue West, is 13,926
square feet in size, of which Gunther Gifts, an existing on-line sales business in operation since
1999, occupies approximately 9,650 square feet of the building. Gunther's space is, currenfly
being used as office and warehouse space and is currently selling on-line assorted gifts and
goods and more recently firearms. The applicant is now requesting a CUP to allow for a retail
use within the existing office/warehouse. The retail use would be 10% of their business area and
would consist of the retail sales of gifts including the transfer, sale, and storage of firearms. A
letter, received by the City on April 18, 2012 from the applicant, addressing staffs letter of
concern, describes the intended retail use and is attached to this report for reference (Attachment
5).
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CUP 12-02 - GUNTHER'S RETAIL
July 3, 2012
PAGE 2
The site and the surrounding area have a General Plan Land Use and Zoning designation of
Planned Industrial (PI/P-M). The property is surrounded by industrial office buildings with the
exception of a retail center located on the comer of Palomar Airport Road and Loker Avenue
West. Vehicular access to the site is provided off of Loker Avenue West. Staff has reviewed the
project extensively, and although it is able to meet all design standards, the project is not
consistent with the intent of the P-M zone and the policies of the General Plan Land Use
Designation of Planned Industrial (PI) as described in the analysis below.
IV. ANALYSIS
The proposed project is subject to the following plans, ordinances, standards, and policies:
A. Planned Industrial (PI) General Plan Land Use designation;
B. Carlsbad Airport Business Center Specific Plan - SP 200(B);
C. Planned Industrial (P-M) Zone (CMC Chapter 21.34);
D. Parking Ordinance (C.M.C. Chapter 21.44);
E. . Condifional Use Permit Regulations (CMC Chapter 21.42); and,
F. Growth Management Ordinance (CMC Chapter 21.90) and the Zone 5 Local
Facilities Management Plan.
The recommendation for denial of this project was developed by analyzing the project's
consistency with the applicable policies and regulations listed above. The following analysis
section discusses the reasoning for the denial with each of these regulations/policies.
A. Planned Industrial (PI) General Plan Land Use designation
The project site has a Planned Industrial (PI) General Plan Land Use designation. The General
Plan Land Use Element states that the PI land use includes those areas currently used for,
proposed as, or adjacent to industrial development, including manufacturing, warehousing,
storage, research and development, and utility use. The Plarmed Industrial Implementing Policy
(C.9) of the General Plan Land Use Element allows, by Conditional Use Permit, ancillary
commercial, office, and recreational uses when clearly oriented to support industrial
development and their populations. Traditional examples of ancillary commercial uses which
clearly support the industrial park and their populations would include office supply retail, office
equipment, blueprinting, copy and duplicating services, dry cleaning, deli's, and personal
grooming services. Accordingly, the proposed retail gift store use is not clearly oriented to
support industrial office, manufacturing, and warehousing uses and therefore cannot be found
consistent with the Planned Industrial (PI) General Land Use designation. For historical
reference, there have been no CUP's approved within the City for stand-alone retail uses within
the PI Land Use designation.
B. Carlsbad Airport Business Center Specific Plan - SP 200(B)
Specific Plan SP 200 was first adopted in September 1986 and later amended in October 2002
(SP200B). SP 200B includes Plarmed Industrial as both the land use and zoning for all properties
within the SP 200B boundaries. Primary uses allowed by right are those listed in Section
21.34.020 (Table A) of the Carlsbad Municipal Code (CVIC). Because support services are
/O
CUP 12-02 - GUNTHER'S RriTAIL
July 3, 2012
PAGE 3
needed in the area, SP 200B identifies Auxiliary Uses as industrial support, business and
professional office support, and certain retail uses which are allowed with a CUP.
Additionally, SP 200B identified four lots, Lots 1, 15, 23, and 24 (currenfly known as Lots 44-
47, 49, 28, and 29) as being appropriate for the type of mixed support uses because they were
located at the primary entrances and within the industrial park. These lots have been developed
with industrial office uses and only Lot 44-47 (formerly Lot 1) has been developed with a
supporting commercial center, which does include retail uses.
The project is located on Lot 38 (formerly Lot 21) and was not identified in the Specific Plan as
a desirable lot for pennitting a mix of industrial support uses. Nonetheless, the proposed retail
gift store use does not clearly support the industrial park users and therefore cannot be approved.
All the development standards of the Specific Plan are the same as those found in the Planned
Industrial Section of the CMC. These standards and their consistency will be discussed in
Section C below.
C. Planned Industrial (P-M) Zone (CMC Chapter 21.34)
The site is zoned Plarmed Industrial (P-M) and is therefore subject to the provisions of Chapter
21.34 of the Zoning Ordinance. The intent and purpose of the Planned Industrial Zone is to allow
the location of business and light industries engaged primarily in research and development,
compatible light manufacturing, business and professional offices when engaged in activities
associated with corporate offices or in activities whose primary purpose is not to cater directly to
the general public and certain commercial uses that will cater to and be ancillary to the other
uses, including industrial-office, which are allowed in the zone by right.
The project is proposing to be located in an existing building that meets all development
standards of the P-M zone. The current use, Gunther Gifts, an on-line assorted merchandise
store, is a listed allowed use because it is storage, wholesale, and distribution facility which does
not generate any general public pedestrian or automobile traffic to the site. CMC Section
21.34.020 Table A lists retail uses as allowed with the approval of a Conditional Use Permit
approved by Planning Commission. This retail use would need to meet the purpose and intent of
the zone for a CUP to be approved (as discussed in Section E below). Although the existing
building and the on-line retail use meets the development standards, staff is recommending
denial of the CUP due to the projects inconsistency with the purpose and intent of the P-M zone
and Industrial General Plan Policy C.9 as described above.
D. Parking Ordinance (C.M.C. Chapter 21.44)
The allotted parking for the site was based on the assumption that all buildings would consist of
a combination of office, manufacturing, and warehouse land uses. The project when approved
(CT 03-12/PUD 03-08); was built with 215 parking spaces for the 80,548 square feet of building
area divided into six buildings on site. Based on the assumption when built, this building (13,926
square feet) would require 30 parking spaces (5,163 office space = 21 spaces and 8,763
warehouse = 9 spaces). Based on the applicants current uses in the building, and when rounding
up of fractional parking spaces, the total number of required parking spaces needed for this
project with the City's current standards would be 29 parking spaces.
CUP 12-02 - GUNTHER'S RETAIL
July 3, 2012
PAGE 4
The applicant's proposal to use 965 square feet of the existing office space as a retail use is
consistent with the City's Parking Ordinance. Per Section 21.44.020 of the Carlsbad Municipal
Code, office uses are parked at a higher rate, 1 space per 250 square feet, than the individual
retail use at 1 space per 300 square feet. Since the applicant has 30 parking spaces and the retail
use would require less parking than the current office use, the project is consistent with the
City's parking standards.
E. Conditional Use Permit Regulations (CMC Chapter 21.42)
The purpose of a Conditional Use Permit is to allow special consideration for certain uses to be
located in zones other than those in which they are classified as permitted because of their
particular characteristics. Retail is a conditionally allowed use within the Plarmed Industrial zone
subject to the approval of the Plarming Commission when it does not cater to the general public.
This project site is within a planned industrial office complex which is adjacent to Loker Avenue
West. There is office, manufacturing, and warehouse uses surrounding the site except for the
commercial retail center on the comer of Palomar Airport Road and Loker Avenue West, which
is permitted by the Carlsbad Airport Business Center Specific Plan (SP 200(B)). Due to the
projects inconsistency with the General Plan, as stated above, the project does not satisfy finding
number 1 below and therefore staff carmot recommend support for approval of the CUP. The
four findings to approve a CUP are described below:
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.
The proposed retail use is not in harmony with the Land Use Element of the General Plan in
that the General Plan Land Use Industrial Implementation Policy C.9 states that the
conditional use must be clearly oriented to support industrial development and their
populations. As discussed in Section "A" above, the project does not comply with this
General Plan Land Use Policy and therefore cannot be supported. Furthermore, the proposed
retail use is not consistent with Specific Plan 200(B) as discussed in Section "B" above.
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.
The proposed retail business does meet or exceed the zoning development regulations, is
architecturally compatible with the surrounding industrial buildings, and the site is
adequately designed to accommodate the current on-line operations. The project does not
meet the intent and purpose of the zone, whose primary purpose is to cater to the industrial
populations in the area and not to cater directly to the general public. Only retail commercial
uses which will cater to and/or be ancillary to the other uses and populations in the zone are
allowed. Therefore, the retail use is not consistent in supporting the neighboring industrial
zone users and will be detrimental to surrounding industrial office uses and cannot be
supported.
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
CUP 12-02 - GUNTHER'S RETAIL
July 3, 2012
PAGE 5
the City Planner, Planning Commission or City Council, in order to integrate the use
with other uses in the neighborhood.
The retail use is proposed in an existing building that is adequate in size and shape and meets
all development standards and parking regulations. The project cannot be supported due to its
public serving nature which does not integrate with the industrial office uses in the
neighborhood.
4. That the street system serving the proposed use is adequate to properly handle all
traffic generated by the proposed use.
The proposed use will not increase ADT's significantly (approximately 8 ADT increase) and
the street system is adequate to handle any traffic generated by the use.
F. Growth Management Ordinance (CMC Chapter 21.90) and the Zone 5 Local
Facilities Management Plan
The project is located within Local Facilities Management Zone 5 in the northeast quadrant of
the City. The impacts on public facilities created by this project, and its compliance with adopted
performance standards, are minimal to no impact. The small ancillary retail use would create
approximately 8 additional ADT's but no other impacts to the zone are created.
V. ENVIRONMENTAL REVIEW
Pursuant to Section 15270 of the Califomia Environmental Quality Act (CEQA), CEQA does not
apply to projects which a public agency rejects or disapproves.
ATTACHMENTS;
1. Planning Commission Resolution No. 6891
2. Location Map
3. Disclosure Statement
4. Background Data Sheet
5. Applicant's letter dated April 17,2012
6. Exhibit A
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NOT TO SCALE
SITEMAP
Gunther's Retail
CUP 12-02
STATEMENT planning Division
\y CITY OF P- irA\ 1635 Faraday Avenue
CARLSBAD ^'^^
www.carisbadca.gov
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this Information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co^partnershipi joint venture^ association, social clubi fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county,
city municipality, district or other political subdivision or any other group or combination acting as a unit." '
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1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having a
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include the names, titles, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned
corporation, include the names, titles, and addresses of the corporate officers (A
separat^a^e^m^yb^.|ttached c^^V.^ &^<i4rs Uc.
Person Grr^^ Gt^-Y^G-x^ Corp/Part QS^L Gx^vx^'ejr
Title ?res\<fe.vvV' Title OTO
Address 'ZM'D Coa-si- fWe- Address '2^vnS' Co^^sAr ftvi^.
2. OWNER (Not the owner's agent) » ^
Provide the COMPLETE. LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the nature of the legal
ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the
ownership includes a corporation or partnership, include the names, titles, addresses of
all individuals owning more than 10% ofthe shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary)
Person &c&>f^ 6rw^A\.<2/r Corp/Part L.AS<X. CSwcVWer-
Title PrgsxA^w::^ Title CJffc>
Address TJlyn LoV^er /V/g- tA^sV Address "^Kl L^^r fVN^e-> tO^d"
Page 1 of 2 Revised 07/10 15
NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust,
list the names and addresses of ANY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profit/Trust Non Profit/Trust
Title Title
Address Address
4. Have you had more than $500 worth of business transacted with any member of City
staff. Boards, Commissions, Committees and/or Council within the past twelve (12)
months? /
I I Yes ~y_ No If yes, please indicate person(s):
NOTE: Attach additional sheets if necessary.
certify that all the above information is true and correct to the best of my knowledge.
Signature of owner/date Signature of applicant/date
Print or type name of owner Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
p-1 (A) Page 2 of 2 Revised 07/10 / IP-
BACKGROUND DATA SHEET
CASE NO: CUP 12-02
CASE NAME: GUNTHER'S RETAIL
APPLICANT: Lisa Gunther
REQUEST AND LOCATION: Request for a Conditional Use Permit to allow for a 965 square
foot retail use within an existing office/warehouse business within the Planned Industrial zone on
property located at 2717 Loker Avenue, Suite B, in Local Facilities Management Zone 5.
LEGAL DESCRIPTION: Lot 2 of Carlsbad Tract Map No. 03-12, in the Citv of Carlsbad,
County of San Diego, State of Califomia, According to Parcel Map No. 19517, Filed in the
office of the County Recorder of San Diego County, June 30, 2004
APN: 209-081-38 Acres: 5.38 Proposed No. of Lots/Units: N/A
GENERAL PLAN AND ZONING
Existing Land Use Designation: Plarmed Industrial (PI)
Proposed Land Use Designation: N/A
Density Allowed: N/A Density Proposed: N/A
Existing Zone: Planned Industrial (P-M) Proposed Zone: N/A
Surrounding Zoning, General Plan and Land Use:
Zoning General Plan Current Land Use
Site Planned Industrial(P-M) Planned Industrial (PI) Industrial
Office/warehouse
North Plarmed Industrial(P-M) Planned Industrial (PI) Industrial
Office/warehouse
South Planned Industrial(P-M) Planned Industrial (PI) Industrial
Office/warehouse
East Planned Industrial(P-M) Planned Industrial (PI) Industrial
Office/warehouse
West Planned Industrial(P-M) Planned Industrial (PI) Industrial Office
LOCAL COASTAL PROGRAM
Coastal Zone: Q Yes |3 No Local Coastal Program Segment: N/A
Within Appeal Jurisdiction: O Yes ^ No Coastal Development Permit: Q Yes ^ No
Local Coastal Program Amendment: Q Yes ^ No
Existing LCP Land Use Designation: N/A
Existing LCP Zone: N/A
Proposed LCP Land Use Designation: N/A
Proposed LCP Zone: N/A
Revised 01/06
PUBLIC FACILITIES
School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity): N/A
ENVIRONMENTAL IMPACT ASSESSMENT
I I Categorical Exemption,
I I Negative Declaration, issued
I I Certified Environmental Impact Report, dated_
Other, Pursuant to Section 15270 of the Califomia Environmental Quality Act (CEQA),
CEQA does not apply to projects which a public agency rejects or disapproves.
Revised 01/06
FROM.: FAX NO. >. 18 2012 9:48fiM P2
April 17, 2012
Gunther Gifts Inc.
2717 Loker Avenue West
Carlsbad, CA 92010
Chris DeCerbo
City of Carlsbad, Planning Division
1635 Faraday Avenue
Carisbad, CA 92008
Dear iVlr. DeCerbo,
RECEIVED
APR 1 8 2012
CITY OF CARLSBAD
PLANNING DIVISION
in response to the letter dated March 14, 2012, from the City of Carlsbad Planning Division, there is an
issue of concern noted as "The proposal to conduct what appears to be pnmary retail business for the
general public and to "transfer, sell, and store firearms" in the Planned Industrial (p-IVI) zone does not
comply with the Intent ofthe P-M zone."
We would like to address this concern:
1. Gunther Gifts Inc. has been conduaing business in Carlsbad's P-M zone since 1999. Our primary
business is selling engraved tactical knives and assorted retail gifts online and via a printed
catalog. Firearm sales would be ancillary to our current knife business. We own the building
located at 2717 Loker Avenue West and need to expand our business into retail due to the
downturn in the economy at the end of 2008 which forced us to layoff 30% of our workers. We
are not a new company seeking to pay low rent for a retail location within the P-M zone. We are
an existing Carisbad company that Is looking for additional income streams to support our
$15,000 per month current building payment. The retail location would be ancillary to our
existing business as well as our new venture into firearms.
2. The City of Carisbad has already granted Gunther Gifts Inc. a business license to transfer, sell
and store firearms at our Carisbad warehouse for online sales. This is our main focus (and has
been since 1999 with our existing business). Our primary retail business Is online.
3. In 21.34,020, permitted uses are listed in the Table A. Retail Uses are allowed with a CUP-2.
"Land Use Element" page 39, Amended September 14, 2010 in C.9 allows for "ancillary
commerdal... uses when cleariy oriented to support industrial developments". A small retail
area (approximately 10% of our overall space) would be ancillary to our current business which
has been in operation since 1999. A CUP-2 would allow us to serve the local business park, the
law enforcement community and the new range/training center in Carlsbad.
FROM,: FAX NO. : 18 2012 9:48PlM P3
4. A secondary side issue has come up that a CUP-2 is needed from the City of Carisbad to allow a
member ofthe PM zone to be able to do the following:
a. Purchase a firearm.
b. Transfer /sell a firearm.
c. Ship a firearm to a manufacturer or service center if repair or warranty is needed.
d. Members of the P-M zone should be able to purchase firearms for business, recreation or
personal security within the City of Carisbad, namely within the P-M zone. Security is a
concern for any business.
e. Members of the P-M zone are currently not being served anywhere within the city of
Carlsbad In regards to any firearms related issues. Since we are located in the P-M zone and
have a Federal Firearms License from the US Department of Justice and approval from the
Califomia Department of Justice, we would like to fill the needs of the P-M zone forflrearm
related issues.
f. Gunther Gifts Inc is not buried within the heart ofthe industrial zone but rather right on the
fringe. The retail Staples Center is right across the street Across Palomar Airport Road Is
another commercial zone which includes Stater Bros. We are on the edge ofthe P-M zone
and practically in the commercial zone as it is. The small ancillary retail space we are seeking
is meant to accommodate any incidental walk-ins that may occur and seem to already be
presently occurring with other businesses in the P-M zone.
5. For the first time, the Carlsbad Police Department Would be able to purchase firearms and
related equipment and accessories within Carlsbad. We are eager to provide support to the local
police department. The Gunther family Is "true blue" with police officers in our family for over
85 years. We would be proud to serve the Carisbad Police.
6. California is only second to Texas in the amount of firearms in the state. This translates into
many people within the P-M zone that own firearms. There is a need for people to be able to
sell, purchase and transfer firearms with Carisbad's P-tvi zone. We would like to fill those needs.
7. As 40 year, long-term residents of North County, we believe that a firearms store i$ better suited
to an industrial area than a retail area. This is the case with neighboring cities such as Oceanside
and San Marcos as this Issue has already come up. Oceanside has 'Iron Sights" which is both a
range and a retail establishment within an industrial zone, San Marcos has ^North County
Firearms" which is in an industrial zone and was granted a CUP in 2011 similar to what we are
seeking. North County Firearms is located at 120 North Pacific Street #C1, San Marcos, CA
92069.
8. Gunther Gifts Ina is the first corporation granted a Federal Firearms License (FFL) from the
Department of Justice within the City of Carlsbad.
c>0
Ff^OMi : FfiX NO. : 18 2012 9:49PM P4
9. The state of California has also granted Gunther a "certificate of eligibility" after further
background checks and FBI investigation, We have passed all necessary checks and received alt
required licenses on the state and federal levels.
10. These Federal and State licenses are meaningless without a CUP-2 from the City of Carisbad. A
CUP-2 is essential because any member ofthe P-M zone that purchases a firearm from Gunther
Gifts Inc. must appear In person to take possession as per Federal and State law.
U. We would condua business differently from a regular gun store. Our primary business focus will
still be online, but local people can pick up, sell their merchandise or send It back to factory for
service from our store if they choose to. Our approach to local transactions will be by
appointment only to offer a customer a different experience than he/she currently receives
from established stores. Our focus will be to eliminate wait time at the counter. Our customers
will set up an appointment, come in for paperwork and leave. Our intention is not to have
people wait for service. It will be at a controlled pace to give the customer a personal, friendly
experience that they are not currently receiving at any other store.
12. Allowing Gunther Gifts Inc a small retail area for ancillary use will enable us to hire back laid off
employees.
13. Since the firearms business would follow a similar business plan as our existing businesses
(which would be primarily online sales), we would expect a similar amount of random walknns.
In the case of a firearms store, we would anticipate 1-5 appointments per month from members
of the P-M zone. The rest of the sales/activity would be online.
14. Please, give us the opportunity to address any of your concerns in person. We are confident that
we can make a compelling case for a CUP-2.
Gregg Gunther 32° Lisa J. Gunther
President CFO
RECEIVED
June 24,2012 JUN 2 5 2012
CITY OF CARLSBAD
PLANNING DIVISION
Dear City Planners:
A CUP-2 for Retail in the PM zone is critical to the future success of Gunther Gifts Inc.
for the following reasons:
1. Since the end of 2008, we have laid off 30% of our workers. A retail aspect to
our business would allow us to rehire.
2. We are seeking additional income to support our $15,000 per month building
payment.
A CUP-2 is necessary to expand our existing business:
1. Gunther Gifts Inc. sells engraved gift items with an emphasis on knives.
2. 3 websites/businesses are under Gunther Gifts Inc:
a. www.SwissKnlvesExpress.cg_m - sells Victorinox and Wenger knives.
b. ww^.GuntherGifts.com - sells knives by Buck, Gerber, Victorinox,
Wenger, Leatherman, SOG, etc. Although the website also lists
wedding related goods, the focus (and most of the volume) since the
beginning has been knives.
c. www.GuntherWatch.com - a low volume website selling engraved
pocket watches.
3. Gunther Guns was formed as a 4*^ business at the end of 2011 with the
intention of selling online firearms [just as we had been selling onhne knives]
but per Cahfornia Penal Code 26705 the business license must state "Valid
for Retail Sales of Firearms." Since Retail is available with a CUP-2, that is
why we applied. As soon as this is granted, we can begin onhne sales on a
new website www.GuntherGuns.com.
Gunther Gifts Inc. meets all findings ofthe City of Carlsbad Planning Division
reasons for approving a CUP-2 Retail:
1. Necessary/Desirable. Yes. Knives are tools that are desirable and support
the mixed industrial office, manufacturing and warehouse uses already in the
zone. The additional and related firearms sales serve the security needs, state
and federal paperwork requirements for PM zone members to purchase,
liquidate or transfer firearms. This is not detrimental to existing uses. It is
desirable as it is not available anywhere in Carlsbad and would be a great
convenience to the zone.
2. Adequate Size and Shape. Yes. The existing building and online retail use
meets development standards.
3. Necessary Features Provided and Maintained. Yes, all of the yards,
setbacks, walls, fences, landscaping and other features necessary to adjust
the requested use to existing or permitted future uses in the neighborhood
will be provided and maintained.
4. Adequate Street System. Yes. There is sufficient parking to support the 10%
proposed retail space and the street system is adequate to handle any traffic
generated by the new/additional use.
In addition to the critical 4 findings above required by the City Planning Division
for allowing the CUP-2, there are the following compelling reasons to grant it as
well:
1. A large retail center exists at 2712 Loker Avenue West. Gunther is located at
2717 Loker Avenue West.
2. Gunther's driveway to Staples is 41 feet [curb to curb).
3. An even larger retail center exists nearby [Stater Brothers, Trader Joes, Pet
Smart, restaurants, etc) as you continue down Loker Avenue towards Bressi
Ranch.
4. Retail is done all over the PM zone already with no permit or enforcement by
the City of Carlsbad.
5. Our primary focus is not the general public. It is onhne sales and has been
since 1999.
6. Our products are desirable to the PM zone.
7. This 10% small retail area would not be detrimental to existing uses.
8. Retail is specifically hsted as an allowed use in Table A under 21.34.020.
9. Gunther has passed all extensive background checks by the US Department of
Justice, the FBI and the State of California. Gunther is the first business to do
so in order to qualify and be granted a Federal Firearms License.
10. Per the City of Carlsbad's website the city's goal is "to make doing business
easy" and "help businesses prosper". We have been doing business in
Carlsbad since 1999 and need the city's help to continue to help ourselves
and be prosperous. This helps our family, the families of our workers,
members ofthe PM Zone, and the City of Carlsbad.
11. We would be able to support equipment and accessory needs of the Carlsbad
Police Department The Gunther family is "true blue" with police officers in
our family for over 85 years and it would be an honor to serve the Carlsbad
Police.
^3
As you can see, we strongly feel that we meet all critical findings of the City of
Carlsbad as well as the aforementioned reasons. We ask that you help a Carlsbad
small business by granting our retail permit.
Sincerely,
Gregg Gunther
President, Gunther Gifts Inc.
Lisa Gunther
CFO, Gunther Gifts Inc.
Pi
Stapbs
Entrance
1 •< t.-f^'^'^fj™* •
Gunther
Entrance
rji i« 4
^^^^^^^
Hi
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A
Gunther's Retail
CUP 12-02
EXHIBIT 5
Planning Commission Minutes July 3,2012 Page 7
Chairperson Schumacher closed the public hearing on Agenda Item 3 and asl<ed Mr. Neu to introduce the
next Item.
4. CUP 12-02 - GUNTHER'S RETAIL - Request for a Conditional Use Permit to allow for a
965 square foot retail use within an existing office/warehouse business within the
Planned Industrial zone on property located at 2717 Loker Avenue West, Suite B, in
Local Facilities Management Zone 5.
Mr. Neu introduced Agenda Item 4 and stated Principal Planner Chris DeCerbo would make the staff
presentation.
Commissioner Siekmann stated that because she was a former employee of the applicant, she needed to
recuse herself.
Chairperson Schumacher opened the public hearing on Agenda Item 4.
Mr. DeCerbo gave a brief presentation and stated he would be available to answer any questions.
Chairperson Schumacher acknowledged receipt of a letter from the applicant dated June 23 and asked if
there were any questions of Staff. Seeing none, he asked if the applicant wished to make a presentation.
Greg Gunther gave a brief presentation and stated he would be available to answer any questions.
Chairperson Schumacher asked if there were any questions of the applicant.
Commissioner Arnold asked how many staff members he has. Mr. Gunther stated 5 employees.
Commissioner Black asked about signage for the site. Mr. Gunther stated he has no intention of
changing the existing signs. Commissioner Black asked if it would be considered retail or wholesale if a
Carlsbad Police Officer were to come in for merchandise. Mr. Gunther stated it would be retail.
Chairperson Schumacher asked if there were any further questions of the applicant. Seeing none,
Chairperson Schumacher asked if there any were members of the audience who wished to speak on
Agenda Item 4. Seeing none, he opened and closed public testimony on the item.
DISCUSSION
Commissioner Arnold stated that while he can understand the concerns of the small business owner, he
cannot support the project. He further stated that the business does not serve the occupants of the
business park as required by the General Plan and zoning.
Commissioner L'Heureux stated that he has a difficult time trying to apply even two of the findings that
are necessary to approve a Conditional Use Permit therefore he has to deny the request.
Commissioner Black stated he is concerned with setting precedence with this project. He stated he has
to deny the request.
Chairperson Schumacher applauded the applicant in their interest in complying with rules. He concurred
with Commissioner Black in regards to setting precedence. Chairperson Schumacher commented that
ultimately the project is not congruent with the General Plan or the intent of the P-M Zone.
^7
Planning Commission Minutes July 3,2012 Page 8
ACTION: Motion by Commissioner L'Heureux, and duly seconded, that the Planning
Commission adopt Planning Commission Resolution No. 6891 denying Conditional
Use Permit CUP 12-02 based on the findings and subject to the conditions
contained therein.
VOTE: 4-0-1
AYES: Chairperson Schumacher, Commissioner Arnold, Commissioner Black, and
Commissioner L'Heureux
NOES: None
ABSENT: Commissioner Nygaard, Commissioner Scully and Commissioner Siekmann
ABSTAIN: None
Chairperson Schumacher closed the public hearing on Agenda Item 4.
RECESS
Chairperson Schumacher called for a 5 minute recess at 8:05 p.m.
MEETING CALLED TO ORDER
Chairperson Schumacher called the meeting to order at 8:10 p.m. with all Commissioners present and
asked Mr. Neu to introduce the next item.
5. SDR 12-01 - VISTA LA COSTA APARTMENTS - Request for approval of a Site
Development Plan to allow for the development of a 19-unit residential apartment project
on a 0.88-acre infill site generally located on the north side of Gibraltar Street, south of
the La Costa Golf Course, between Jerez Court and Romeria Street, and in Local
Facilities Management Zone 6.
Mr. Neu introduced Agenda Item 5 and stated Assistant Planner Greg Fisher would make the staff
presentation.
Chairperson Schumacher opened the public hearing on Agenda Item 5.
Mr. Fisher gave a brief presentation and stated he would be available to answer any questions.
Chairperson Schumacher acknowledged receipt of an errata sheet for the project and asked if there were
any questions of Staff.
Commissioner Siekmann inquired about turning left out of the project onto Gibraltar Street. Mr. Jones
stated that it is a residential street so there should not be any issues with traffic turning left onto Gibraltar
Street. Commissioner Siekmann asked about the apartment manager for the project. Mr. Fisher stated
that pursuant to state law there will be an onsite apartment manager who will be there part-time.
Chairperson Schumacher asked if there were any further questions of staff. Seeing none, he asked If the
applicant wished to make a presentation.
Solomon Ravi gave a brief presentation and stated he would be available to answer any questions.
Chairperson Schumacher asked If there were any questions of the applicant. Seeing none, Chairperson
Schumacher asked If there any were members of the audience who wished to speak on Agenda Item 5.
Seeing none he opened and closed public testimony on the item.
DISCUSSION
Commissioner Arnold stated he can support the project.
Commissioner L'Heureux stated he can support the project.
EXHIBIT 6
^ CITY OF
CARLSBAD
APPEAL FORM
P-27
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
July 3, 2012 Date of Decision you are appealing:
Subject of the Appeal:
BE SPECIFIC Examples: if the action is a City Planner's Decision, please sa\|
annlications (such as a Coastal Development Permit, Planned Unit Develops +^*uo*K^ro
%?mTetcrpleas^^^ list all of them. If you only want to appeal a part of the whole action, please state that here.
Please see fee schedule for the current fee.
Case name: Gunther's Retail . _ ^
Case No.: CUP 12-02
Planning Commission denial, PC Reso. No 6891
or- oDcnicir ^lr^v*/ HiH thp Hpri«5ion-maker en"'? What about the decision is inconsistent with local laws, plans,
frS^PIeas: SaS Muni^^^^^ (CMC) Section 21.54.140(b) for additional infonnation
(attached). Please attach additional sheets or exhibits if necessary.
Please see attached letter^ .
NAME (Print):
MAILING ADDRESS:
CITY. STATE, ZIP:
TELEPHONE:
EMAIL ADDRESS:
SIGNATURE:
DATE:
The Loftin Firm LLP
5760 Fleet Street. Suite 110
Carlsbad, CA 92 008
(760) 431-2111
Sloftin@loftinfirm.com
p-27 Page 1 of 1 Rev. 05/12
The L O f t I n FIrmtLP
Attorneys at Law
Via Email fchris.decerho(a^carlsbadca,SOv:'don.neu(a),carlsbadcagov)
Personal Delivery & Facsimile (760-602-8559)
July 12,2012
DonNeu,AICP
City Planner
1635 Faraday Avenue
Carlsbad, CA 92008
Re: CUP-02 - Gunther's Retail
Notification of Appeal
Request for Costs Related to Preparation of Record
Your Correspondence dated July 5,2012
Dear Don Neu:
This office has been retained by Gunther's Retail to appeal the Planning Commission
decision to the City Council and to prepare a Writ if that appeal is unsuccessful.
The purpose of this correspondence is to request the preparation of the record of the
proceedings and a cost estimate for the preparation ofthe record ofthe proceedmgs. Based upon
your correspondence the deadline for requesting the record and paymg the fee is July 23, 2012.
Thank you for your attention to this matter.
Sincerely,
THE LOPTIN FIRM LLP
L. Sue Loftin, Esq
cc: Client
End: Copy of Appeal \ . _
5760 Fleet Street, Suite 110 • Carlsbad • California • 92008
T: 760.431.2111 • F: 760.431.2003 • www.loftinflrm.com • sloftin@loftinfirm.com
Client / File No
M:\Gunther Gifts, Inc\450City\Ltr to Neu.7-12-12.docx 00-450
30
The L o f t I n FirmUP
Attorneys at Law
Via Hand Delivery & U.S. Mail
July 12,2012
Planning Division, Development Services
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Re: APPEAL FORM P-27
CASE NAME: Gunther's Retail
CASE NO: CUP 12-02 ^r™ T i ^ ^ni^ SUBJECT: Planning Commission Denial of Request for CUP, July 3, zuiz,
Resolution No. PC-6891
Dear Planning Division and related Departments:
GENERAL INFORMATION
This office has been retained to represent Gunther Gifts Inc., the owner of the property located at
2717 Loker Avenue West, Carlsbad and operator ofthe current sales of engraved tactical knives,
assorted retail gifts online and via a printed catalog. Gunther Gifts, Inc. has b^^^i in
Carlsbad since 1999 and is struggling to remain in business m Carlsbad^ Due to the downtmi n
the economy, Gunther Gifts, Inc., must expand its business with additional merchandise to
survive and to retain ownership of the building. The natural expansion item to the general
merchandize currently offered by Gunther Gifts, Inc. is firearm sales.
CURRENT ZONING AND LICENSES
1 ZONING- The property is zoned P-M zone which permits "ancillary commercial
(retail) uses .. .to support industrial developments with a CUP-2. See, ORD. 21.34.020, Table A,
Retail; Land Use Element, p. 39, Amended September 14, 2010.
2 CARLSBAD BUSINESS LICENSE TO SELL FIRE ARMS: City of Carlsbad
granted Gunther Gifts Inc., a business Hcense to transfer, sell and store firearms at the Loker site
for online sales. ^ . _
—- 5760 Fleet Street, Suite 110- Carlsbad • California • 92008
T: 760.431.2111 • F: 760.431.2003 • www.loftinfirm.com • sloftin@loftinfirm.com
. ^ M ai^.-^j Client/File No M:\Gunther Gifts\450 City\Appeal to City Council 7-12-12.docx GG-450
3
THE LOFTIN FIRM LLP
Carlsbad Planning Commission
APPEAL FORM P-27
July 12, 2012
Page 2 of3
3. STATE OF CALIFORNIA "CERTIFICATE OF ELIGIBILITY". The State of
Califomia, after extensive background checks and FBI investigation, issued Gunther Gifts, Inc.,
the Certificate of Eligibility to sell firearms.
4. FEDERAL FIREARMS LICENSE (FFL): Gunther Gifts Inc. is the first
corporation granted a FFL in the City of Carlsbad.
The reason for the requested CUP-2 is that the State and Federal licenses require a
"retail" outlet as part of their licensing requirements to sell to local persons/customers.
BASIS FOR APPEAL
1. Finding No. 1: The Appellant contends that the proposed use is in harmony with the
Land Use Element of the General Plan and the General Land Use Industrial
Implementation Policy C.9 and is consistent with Specific Plan 200(B), all contrary to
the asserted finding.
2. Finding No. 2: The Appellant contends that the project does meet the intent and
purpose of the zone and is ancillary to the industrial use located at the site; is
consistent with supporting the neighboring industrial zone uses; and will not be
detrimental to the surrounding industrial uses, all contrary to the asserted finding.
3. Finding No. 3: The Appellant contends that the limited public serving nature ofthe
proposal does integrate with the industrial uses in the neighborhood, all contrary to
the asserted finding.
CONCLUSION
To preserve business and employment opportunities within this Industrial neighborhood
and in recognition of the other and varies retail and/or public serving uses in this zone, we
respectfiilly request the City Council approve this request for a CUP.
Sincerely,
THE LOFTIN FIRM LLP
L. Sue Loftin, Esq.
cc: City Council; Client
End: Appeal Form P-27; Filing Fee, $1,011.00, dated 7/11/2012, check 003333, Noticing fee,
$17.55, check 2728
5760 Fleet Street, Suite 110 • Carlsbad •California • 92008
T: 760.431.2111 • F: 760.431.2003 • www.loftinfirm.com • sloftin@loftinfirm.com
M:\Gunther Gifts\450 CityVAppeal to City Council 7-12.I2.docx Client '^^^^^^
3^
Gunther’s Retail
Appeal
CUP 12-02
Gunther’s Retail
•On-line Gift Store is an allowed use
because it does not generate any
general public pedestrian or
automobile traffic to the site.
Gunther’s Retail
•July 3, 2012 – Planning Commission
denied CUP 12-02.
•Proposed Use is not consistent with
the General Plan, P-M Zone and
Specific Plan 200(B).
General Plan Land Use Element
•Planned Industrial Implementing Policy
(C.9) of the General Plan Land Use
Element allows, by Conditional Use
Permit, ancillary commercial uses when
clearly oriented to support industrial
development and their populations.
Planned Industrial (P-M) Zone
•The purpose and intent of the Planned
Industrial Zone - allow the location of
business and light industries whose
primary purpose is not to cater directly to
the general public and certain
commercial uses that will cater to and be
ancillary to industrial-office uses.
Specific Plan 200(B)
•The subject property is not consistent
with SP 200(B) because it is not
identified as one of the four lots within
the Carlsbad Airport Specific Plan for
the location of support retail uses.
Recommendation
That the City Council DENY the appeal
and uphold the decision of the Planning
Commission to DENY Conditional Use
Permit CUP 12-02 based on the findings
contained therein.
Appeal from Denial by PC
City Council Hearing
August 27, 2012
By: L. Sue Loftin, Esq.
The Loftin Firm LLP
www.loftinfirm.com
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GUNTHER GIFT’S
1.Property Owner in the City of Carlsbad: 2717 Loker
Avenue
2.Been in business for approximately 18 years in Carlsbad at
the Loker address
3.An employer in Carlsbad
4.Online business the operates from the Loker address with
storage and shipping of orders from the Loker address
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THE REQUEST
For the City Council to approve the appeal from
Planning Commission Resolution 6891 and to approve
the CUP.
The CUP is to provide the zoning requirement for the
State and Federal licenses, which have been issued.
The CUP is to add the word “retail” to the permitted uses
at the Loker address
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“RETAIL” – WHAT IT MEANS UNDER
THIS REQUEST
1.“Retail” means that for residents of the P-I zone, they have to come into Gunther’s Gifts, fill out the government forms and then return to collect their item.
2.All such activity will done only by appointment (no walk in customers)
3.The primary purpose of Gunther’s Gifts is to sell items
online and to store those items for delivery at the
Property. The primary purpose of this business is not to
cater directly to the general public. (C.M.C. 21.34.010.1)
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PERMITS/LICENSES
ISSUED AT THIS TIME
City of Carlsbad. A business license to transfer, sell
and store firearms at the Property for online sales.
State of California. A “certificate of eligibility” was
issued after the State and the Federal Bureau of
Investigations performed all necessary background
investigations and checks.
Federal. A Federal Firearms License
(“FFL”) was issued by the Department of Justice. This is
the first, and only, FFL issued within the City of Carlsbad.
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PC DENIAL BASED UPON FINDING PROJECT
INCONSISTENT WITH “INTENT” OF
PLANNED INDUSTRIAL ZONE (GP & SP)
ALLOW THE LOCATION OF BUSINESS…WHEN ENGAGED….OR IN ACTIVITIES WHOSE PRIMARY PURPOSE IS NOT TO CATER DIRECTLY TO THE GENERAL PUBLIC,… (C.M.C. 21.34.010 “Intent and
Purpose”)
The primary business purpose of Gunther’s Gifts is to sell online and deliver the goods. The requested CUP does not change the primary business purpose.
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ACCESSORY USE
The municipal code clearly states what constitutes an
“accessory” use:
[A]ccessory uses…where related and incidental to a
permitted use.” (CMC 21.34.020)
Based upon the limited size of the proposed accessory
use, the limited ability for the public to access the
accessory use, and the ability to comply with State and
Federal requirements to increase the product line for
the primary business purpose, online sales,
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STAFF FOCUSED ON ANOTHER
ALTERNATIVE PERMISSIVE USE
ALLOW THE LOCATION OF…CERTAIN COMMERCIAL USES WHICH CATER TO AND ARE ANCILLARY TO THE USES ALLOWED IN THIS ZONE. (C.M.C. 21.34.010(1))
The factual finding was that the proposed use did not cater to
businesses or persons in the zone and was not ancillary to
the uses allowed in the zone; and therefore, staff and
subsequently, the PC denied the application.
Gunther’s Gifts does not agree with the factual finding, but submits that even if it is correct, the requested use is permissible as an accessory use attached to the primary purpose.
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LOCATION OF GUNTHER’S GIFTS
PROVIDES ASSURANCE OF NON-
INTERFERENCE WITH OTHER
BUSINESSES
AND
IS CONSISTENT WITH OTHER
ACCESSORY USES IN THE AREA.
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COMMUNITY SUPPORT
Carlsbad Custom Cabinets, located at 2719 Loker.
Support letter dated August 22, 2012 from Tom
Rhatigan, President, whose business is located adjacent
to 2717 Loker.
Torrey Pines Scientific, located at 2713 Loker (same
business park). Support letter dated August 22, 2012
from Anthony P. Cassiano, Chairman.
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The primary business activity is online sales
The accessory business activity is a designation as retail for a limited service require by State & Federal statutes that local businesses
and persons must fill out the paper work in person.
If you have additional questions, please contact Ariel Bedell of The Loftin Firm at 760.431.2111 or abedell@loftinfirm.com
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