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HomeMy WebLinkAbout2013-04-30; City Council; 21208; Gunther's Retail 2 CUP 12-15CITY OF CARLSBAD - AGENDA BILL 17 AB# 21.208 GUNTHER'S RETAIL 2 CUP 12-15 DEPT. DIRECTOR IVITG. 4/30/13 GUNTHER'S RETAIL 2 CUP 12-15 CITY ATTORNEY /^ DEPT. CED GUNTHER'S RETAIL 2 CUP 12-15 CITY MANAGER /, RECOMMENDED ACTION: 2013-096 That the City Council hold a public hearing and ADOPT Resolution No. DENYING the appeal and upholding the decision of the Planning Commission to DENY Conditional Use Permit CUP 12-15 based on the findings contained therein. ITEM EXPLANATION: On March 20, 2013, the Planning Commission adopted Planning Commission Resolution No. 6949, denying Conditional Use Permit CUP 12-15 (4-1; Montgomery voted No; Schumacher absent; Seikmann abstained). On March 22, 2013, the applicant, Lisa Gunther filed an appeal of the Planning Commission's decision. The proposal involves the conversion of up to 1,359 square feet of an existing industrial warehouse and office suite (2717 Loker Avenue West, Suite B) currently used in association with Gunther Gifts, an online gift and engraving company, into a walk-in retail use to allow the property owner to store, sell and transfer firearms within the Planned Industrial (P-M) zone. As discussed in the attached staff report, because the retail use is not cleariy oriented to support the surrounding industrial office development or their populations, the CUP was recommended for denial by staff and subsequently denied by the Planning Commission. A similar CUP request to sell firearms at the same location was submitted by the applicant in 2012. Due to the project's inability to meet the required findings, the CUP was denied by the Planning Commission in July 2012. An appeal was filed by the applicant and the decision to deny the CUP was subsequently upheld by City Council on October 23, 2012 (Resolution No. 2012-202) and November 27, 2012 (Resolution No. 2012- 255). Because the Conditional Use Permit was denied without prejudice, the applicant reapplied for the CUP. The proposed CUP application to sell firearms varies slightly from the original request. The differences are highlighted below: • The proposed retail area has increased in size from 965 to 1,359 square feet; and • The applicant is proposing that each of the prospective gun owners become a member of their business, similar to gyms, to discourage and limit the amount of walk-in traffic from the general public and to provide an added security measure. The membership provides a means to control access at the door. As with the original request to sell firearms in 2012, the project was found to be inconsistent with the Planned Industrial (PI) General Plan land use designation, purpose and intent of the Planned Industrial (P-M) zone, and the Carisbad Airport Business Center Specific Plan, SP 200(B). Each of the land use policies are summarized below. General Plan, Land Use Element, Planned Industrial Implementing Policy C.9: Allow, by Conditional Use Permit, ancillary commercial, office, and recreational uses when cleariy oriented to support industrial development and their populations (emphasis added). Traditional examples of ancillary commercial uses which cleariy 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 proposal to sell firearms is DEPARTMENT CONTACT: Shannon Werneke 760-602-4621 shannon.werneke@carisbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED • CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER - SEE MINUTES JS, AMENDED • City Council granted the appeal. Kesolution voided. Page 2 not cleariy oriented to support industrial office, manufacturing, 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 Industrial land use designation; Planned Industrial (P-M) Zone, Intent and Purpose: Allow businesses, light industrial and office uses whose primary purpose is not to cater directiv 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 proposal to sell firearms does not meet the intent and purpose of the P-M zone as it caters to the general public; and Carisbad Airport Business Center Specific Plan, SP 200(B): The project site, Lot 38 of SP 200(B), is not identified as one of four lots within the Carisbad Airport Center Specific Plan anticipated to be developed with certain retail uses which generally support the 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 intersection of Palomar Airport Road and Loker Avenue West. The project applicant spoke at the Planning Commission hearing. In addition, Mr. Jeff Gosslin, the owner of an adjacent building, expressed concern about the loss of parking and the potential for a future shooting range. Commissioner Montgomery could not support staffs recommendation of denial as he felt the retail use catered to the security needs of the industrial tenants. The collective testimony, including the Planning Commission and staff 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 12-15. 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. Otherwise, the project is exempt from CEQA pursuant to Section 15301, Existing Facilities, of the 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. 2013-096 2. Location Map 3. Planning Commission Resolution No. 6949, dated March 20, 2013 4. Planning Commission Staff Report, dated March 20, 2013 5. Excerpts of Planning Commission Minutes, dated March 20, 2013 6. Applicant Appeal Form and Attachments, dated March 22, 2013. EXHIBIT 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2013-096 A RESOLUTION OF THE CITY COUNCJf DF THE CITY OF CARLSBAD, CALIFORNIA, DENYINy AN APPEAL AND UPHOLDING THE DECISION JF THE PLANNING COMMISSION TO DENY CONDITIOJ(KL USE PERMIT CUP 12- 15 TO CONVERT UP TO ^59 SQUARE FEET OF WAREHOUSE AND OFFICE AROfTO A RETAIL USE FOR THE STORAGE, SALE, AND TRAMSFER OF FIREARMS WITHIN THE PLANNED INDUSTRlAff (P-M) ZONE ON PROPERTY LOCATED AT 2717 LOKBR AVENUE WEST, SUITE B, IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: GUNTJER'S RET^ CASE NO.: CUP#2-15 The City Council follows: of Clylsbad, Calfornia, doesJmereby resolve as WHEREAS, py^uant to the provisions qjfthe Municjjfal Code, the Planning I a cKfcly no4i^ Commission did, on MarchiEO, 2013, hold consider Conditional Us#Permi 6949, denying CondiJjlBnal Us WnyEREAS, the Council 2013, held a diJ^ noticed Permit CUP j|^-15; and d public hearfhg as prescribed by law to ted PlanniQs Commission Resolution No. 5; and City of C< 15 an^!S||jte I, on the day of ider an appeal of the denial of Conditional Use WHEREAS, at skid public hearing, ipon hearing and considering all testimony and arni|phpnt.ct_if gnv of all persoiVdesiring to l^heard, the City Council considered all factors relatin/to the appeal of MIIMIIIIIMII II Tk i PerGfit denial. NOW, THEREFORE, BE IT l-jf REBY RESOLVED by the City Council of the City otiCarisbad as follows: 1. That the above refitations are true and correct. 2. That the City CfbuncW denies the appeal and upholds the decision of the Planning Commission to deny Condrtional Use Permit CUP 12-15, and that the findings of the Planning Commission contained iyPlanning Commission Resolution No. 6949 on file with the City Clerk and incorporated her^^ by reference, are the findings and conditions of the City Council. /// /// 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carisbad on the day of 2013, by the folloj^g vote, to wit: AYES: NOES: ABSENT: MATT HALL, Mayor ATTEST: BARBARA ENGLESON, CitN^lerk (SEAL) -2- EXHIBIT 2 NOT TO SCALE SITEMAP Gunthers Retail 2 GUP 12-15 3 EXHIBIT 3 ^ PLANNING COMMISSION RESOLUTION NO. 6949 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT TO CONVERT UP TO 1,359 4 SQUARE FEET OF WAREHOUSE AND OFFICE AREA TO A ^ RETAIL USE FOR THE STORAGE, SALE AND TRANSFER OF FIREARMS WITHIN THE PLANNED INDUSTRIAL ZONE ON 6 PROPERTY LOCATED AT 2717 LOKER AVENUE WEST, SUITE B, IN LOCAL FACILITIES MANAGEMENT ZONE 5. 7 CASE NAME: GUNTHER'S RETAIL 2 CASE NO.: CUP 12-15 8 9 WHEREAS, Gunther LLC, "Developer/Owner," has filed a verified application 10 with the City of Carlsbad regarding property described as 11 Lot 2 of Carlsbad Tract No. 03-12 in the City of Carlsbad, j2 County of San Diego, State of California, According to Parcel Map Thereof No. 19517, Filed in the Office of the County 13 Recorder of San Diego County, June 30,2004 14 ("the Property"); and 15 16 17 18 j9 Carlsbad Municipal Code; and 20 WHEREAS, the Planning Commission did, on March 20, 2013, hold a duly ^1 noticed public hearing as prescribed by law to consider said request; and 22 WHEREAS, at said public hearing, upon hearing and considering all testimony 23 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 24 relating to the CUP. 25 ^ 25 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 27 Commission of the City of Carlsbad as follows: 28 A) That the foregoing recitations are true and correct. WHEREAS, said verified application constitutes a request for a Conditional Use Permit as shown on Exhibits "A" - "E" dated March 20,2013, on file in the Planning Division, GUNTHER'S RETAIL 2 - CUP 12-15, as provided by Chapter 21.42 and/or 21.50 of the B) That based on the evidence presented at the public hearing, the Commission 2 DENIES GUNTHER'S RETAIL 2 - CUP 12-15, based on the following findings and subject to the following conditions: 8 15 18 22 25 Findings: ^ 1. That the requested use is not necessary or desirable for the development of the community, and is not in harmony with the various elements and objectives of the general 6 plan, including, if applicable, the certified local coastal program, specific plan or master plan, in that the proposed conditional retail firearm use is not in harmony with the 7 Land Use Element of the General Plan. Specifically, pursuant to General Plan Land Use Industrial Implementation Policy C.9, the conditional use must be clearly oriented to support industrial development and their populations. As discussed in 9 Section A of the staff report, the project does not comply with this General Plan Land Use Policy since it caters to the general public; therefore, the project cannot be 10 supported. Furthermore, the proposed retail use is inconsistent with Specific Plan 200(B) as the subject lot was not identified to be developed with commercial uses. In 11 addition, the proposed retail firearm use does not clearly support the tenants of the 12 industrial park. 13 2. That the requested use is detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located even though the proposed retail 14 firearms business meets or exceeds the zoning development regulations, is architecturally compatible with the surrounding industrial buildings, and the site is adequately designed to accommodate the current on-line and proposed retail 15 operations. The project does not meet the intent and purpose of the Planned Industrial (P-M) zone, the primary purpose of which is to cater to the industrial 17 populations in the area and not to cater directly to the general public; only retail commercial uses which will cater and/or be ancillary to the other uses and populations in the P-M zone are allowed. As the proposed retail use caters to the 19 general public and does not directly support the adjacent industrial zone users, the use is inconsistent with the intent and purpose of the P-M zone. Therefore, the 20 project cannot be supported. 21 3. That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the 23 City Planner, planning commission or city council, in order to integrate the use with other uses in the neighborhood, in that the proposed retail firearms use is proposed in an 24 existing building that is adequate in size and shape and meets all development standards and parking regulations. However, the project cannot be supported due to its public-serving nature which does not complement the industrial office uses in 25 the neighborhood. 27 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the proposed use will not increase ADT's 2^ significantly (approximately 10 ADT increase) and the street system is adequate to handle any traffic generated by the use. PC RESO NO. 6949 -2- 1 5. Pursuant to Section 15270 of the Califomia Environmental Quality Act (CEQA), CEQA 2 does not apply to projects which a public agency rejects or disapproves. 3 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 4 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. 6 NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, Califomia, 92008, within ten (10) calendar days of the date df the Planning Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 9 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. 10 11 NOTICE 12 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 1^ "fees/exactions." 14 You have 90 days from date of final approval to protest imposition of these fees/exactions. If 15 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 16 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 1^ annul their imposition. 18 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 19 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 20 project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a 2j NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 22 " 23 24 25 26 27 28 PC RESO NO. 6949 -3- 15 16 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, Califomia, held on March 20, 2013 by the following vote, to wit: AYES: Commissioners Black, L'Heureux, Scully and Segall 1 2 3 4 5 6 NOES: Commissioner Montgomery 7 ABSENT: Conmiissioner Schumacher ^ ABSTAIN: Chairperson Siekmann 9 10 11 , 2 NEIL BLACK, Vice Chairperson CARLSBAD PLANNING COMMISSION 13 " 14 ATTEST: 17 DON NEU City Planner 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6949 The City of Carlsbad Planning Division EXHIBIT 4 A REPORT TO THE PLANNING COMMISSION © Item No. P.C. AGENDA OF: March 20, 2013 Application complete date: January 3,2013 Project Planner: Shannon Werneke Project Engineer: Jeremy Riddle SUBJECT: CUP 12-15 - GUNTHER'S RETAIL 2 - Request for a Conditional Use Permit to convert up to 1,359 square feet of warehouse and office area to a retail use for the storage, sale, and transfer of firearms within the Planned Industrial zone on property located at 2717 Loker Avenue West, Suite B, in Local Facilities Management Zone 5. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6949 DENYING Conditional Use Permit CUP 12-15 based on the findings and subject to the conditions contained therein. II. INTRODUCTION The proposal involves the conversion of up to 1,359 square feet of an existing industrial warehouse and office suite currently used in association with Gunther Gifts, a gift and engraving company, into a retail use to allow the property owner to store, sell and transfer firearms within the Planned Industrial zone. As the retail use is not clearly oriented to support the surrounding industrial office development or their populations, the project has been found to be inconsistent with the General Plan land use designation, purpose and intent of the Planned Industrial zone, and the Carlsbad Airport Center Specific Plan, SP 200(B). Therefore, staff is recommending denial of the Conditional Use Permit. III. PROJECT DESCRIPTION AND BACKGROUND The project site, located at 2717 Loker Avenue West, is one of six buildings in an existing industrial office complex. The building is 13,925 square feet in size and fi-onts on Loker Avenue West. Gunther Gifts, an on-line gift and engraving business in operation at this location since 1999, occupies approximately 9,650 square feet of the building (Suite B) and is primarily utilized as office and warehouse space; the remaining area is occupied by Verdezyne, a research and development company. The subject proposal entails a request for a Conditional Use Permit (CUP) to convert up to 1,359 square feet of the 9,650 square feet currently used in conjimction with Gunther Gifts, into a retail use to allow the property owner to store, sell and transfer firearms within the Planned Industrial (P-M) zone. Pursuant to information provided by the applicant, a Federal Firearms License (FFL) has been issued to the Gunther's by the U.S. Department of Justice. However, pursuant to federal law, while a business ovraer or any other member of the public can purchase a firearm online or oyer the phone, a prospective gun owner cannot physically take possession of the firearm at Gunther's CUP 12-15 - GUNTHER'S RETAIL 2 March 20, 2013 PAGE 2 . business without a permit from the local jurisdiction for retail sales. As retail sales which generate walk-in traffic in the P-M zone require a CUP, the Gunther's are requesting a CUP to sell firearms. A similar CUP request to sell firearms at the same location was submitted by the applicant in 2012. The CUP was denied by the Planning Commission on July 3, 2012 (4-0, Nygaard and Scully absent, Siekmann abstained, CUP 12-02, Planning Commission Resolution No. 6891). The Planning Commission could not support the project due to the inability to make the necessary findings for consistency with the General Plan, P-M zone, and Carlsbad Airport Center Specific Plan, SP 200(B). Specifically, it was determined that the request to sell firearms was not clearly oriented to support the surrounding industrial office development or their populations. An appeal was filed by the applicant and the decision to deny the CUP was subsequently upheld by City Council on October 23, 2012 (Resolution No. 2012-202) and November 27, 2012 (Resolution No. 2012-255). Because the Conditional Use Permit was denied without prejudice, the applicant has the ability to reapply for the CUP. The proposed CUP application to sell firearms varies slightly from the original request. The differences are highlighted below: • The proposed retail area has increased in size fi-om 965 to 1,359 square feet; and • The applicant is proposing that each of the prospective gun owners become a member of their business, similar to gyms, to discourage and limit the amoimt of walk-in traffic from the general public and to provide an added security measure. Similar to the prior CUP request, the retail floor area will continue to include display/storage cases for the firearms to be properly secured. Details for the storage cases and the layout of the floor plan in the area designated to sell firearms have not been provided at this time. The site and the surrounding area have a General Plan Land Use and Zoning designation of Planned hidustrial (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 SP 200(B), 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 (CMC Chapter 21.44); E. Conditional Use Permit Regulations (CMC Chapter 21.42); and F. Growth Management Ordinance (CMC Chapter 21.90) and the Zone 5 Local Facilities Management Plan. ^ CUP 12-15 - GUNTHER'S RETAIL 2 March 20, 2013 PAGE 3 The recoihmendation for denial of this project was developed by analyzing the project's consistency vi^ith 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 Plaimed Industrial (PI) General Plan Land Use designation. The General Plan Land Use Element states that the PI land use includes those areas currentiy used for, proposed as, or adjacent to industrial development, including manufacturing, warehousing, storage, research and development, and utility use. The 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 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 stores, office equipment, blueprinting, copy and duplicating services, dry cleaning, deli's, and personal grooming services. The proposed retail use to sell firearms is not clearly oriented to support industrial office, manufacturing, and warehousing uses and, therefore, cannot be found consistent with the Planned hidustrial (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 (SP 200(B)). SP 20G(B) identifies Planned hidustrial as both the General Plan Land Use designation and the zoning for all properties within the SP 200(B) boundaries. Primary uses allowed by right are those listed in Section 21.34.020 (Table A) of the Carlsbad Municipal Code (CMC). Because support services are needed in the area, SP 200(B) identifies Auxiliary Uses as industrial support, business and professional office support, and certain retail uses which are allowed with a CUP. Additionally, SP 200(B) identified four lots, Lots 1,15, 23, and 24 (currently known as Lots 44- 47, 49, 28, and 29) as being appropriate for the type of mixed support uses since they were located at the primary entrances and within the industrial park. These lots have been developed with industrial office uses. Lots 44-47 (formerly Lot 1) have been developed with a supporting commercial center, which includes 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 permitting a mix of industrial support uses. Nonetheless, the proposed retail use does not clearly support the industrial park users and therefore cannot be supported. The development standards of the Specific Plan are the same as those foimd 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 Planned Industrial (P-M) and is subject to the provisions of Chapter 21.34 of the Zoning Ordinance. The intent and purpose of the Planned Industrial Zone is to allow for the location of businesses and light industries engaged primarily in research and development, . ^ CUP 12-15 - GUNTHER'S RETAIL 2 March 20, 2013 PAGE 4 compatible light manufacturing, as well as businesses and professional offices which are engaged in activities associated with corporate offices or activities whose primary purpose is not to cater direcfly to the general public. In addition, certain commercial uses can be conditionally permitted as long as the use caters to and is ancillary to the primary Planned Industrial Zone uses. The proposal to convert 1,359 square feet of existing storage and office space to a retail use to sell firearms will be located in an existing building fliat meets all development standards of the P-M zone. The current use, Gunther Gifts, an on-line assorted merchandise store, is a permitted use in the P-M zone since it is characterized as a storage, wholesale, and distribution facility which does not generate any general public pedestrian or automobile traffic to the site. Pursuant to Table A of CMC Section 21.34.020, retail uses can be conditionally permitted with the approval of a Conditional Use Permit by the Plaiming Commission. In order make the required findings for a Conditional Use Permit, the proposal to sell firearms is required to meet the purpose and intent of the zone (as discussed in Section E below) as well as be found consistent with the General Plan. Although the existing building and the on-line retail use complies with the development standards, staff is recommending denial of the CUP to sell firearms due to the project's inconsistency with the purpose and intent of the P-M zone and Industrial General Plan Policy C.9 as described above. D. Parking Ordinance (CMC Chapter 21.44) The parking requirement for each of the six buildings located on the property has been determined with the assumption that each of the buildings provides a combination of office, manufacturing, and warehouse land uses. The subject 13,925 square foot building, 2717 Loker Avenue West, has been allocated a total of 30 spaces. The applicant's proposal to convert 1,359 square feet of the existing office space to a retail use is consistent with the City's Parking Ordinance. Pursuant to 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. Including the new retail use, the parking requirement for the building would be 28 parking spaces. Since the applicant has been allocated 30 parking spaces for the building 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. The subject retail use to sell firearms is a conditionally permitted use within the Planned Industrial (P-M) zone and is, therefore, subject to the approval of a Conditional Use Permit by the Planning Commission. The subject site is located within a planned industrial office complex which is adjacent to Loker Avenue West. Existing adjacent land uses include office, manufacturing, and warehousing as well as a commercial retail center located on the northwest comer of Palomar Airport Road and Loker Avenue West. The retail center was a conditionally-permitted use pursuant to the Carlsbad Airport Business Center Specific Plan and was determined to provide goods and \3 CUP 12-15 - GUNTHER'S RETAIL 2 March 20, 2013 PAGE 5 services to the surrounding industrial zone tenants. As discussed above and expanded upon below, due to the project's inconsistency witii the General Plan, tiie project does not meet one of tiie required findings for approval. Specifically, tiie project is not clearly oriented to support the industrial development or its populations. Therefore, staff is recommending denial of the CUP. The required Conditional Use Permit findings are provided 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 to transfer, store and sell firearms is not in harmony with the Land Use Element of the General Plan in tiiat 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 witii this General Plan Land Use Policy; therefore, tiie request cannot be supported. Furthermore, the proposed retail use is inconsistent 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 firearms business meets or exceeds 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. However, the project does not meet the intent and purpose of the zone, the primary purpose of which is to cater to the industrial populations in the area and to not cater directiy to the general public. Only retail commercial uses which cater to and/or be ancillary to the other uses and populations in the zone are allowed. As the proposed retail use caters to the general public and does not directly support the adjacent industrial zone users, the use is inconsistent with the intent and purpose of the P-M zone. Therefore, the project caniiot 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 the City Planner, Planning Commission or City Council, in order to integrate the use with other uses in the neighborhood. The proposed retail firearms use will be located within an existing building which 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 complement 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 significanfiy increase ADT's (approximately 10 ADT increase) and the street system is adequate to handle any traffic generated by the conversion of use. CUP 12-15 - GUNTHER'S RETAIL 2 March 20, 2013 PAGE 6 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 wiih adopted performance standards, are minimal to no impact. The retail use would create approximately 10 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. 6949 2. Location Map 3. Disclosure Statement 4. Background Data Sheet 5. Applicant's request dated December 5, 2012 6. Exhibits "A"-"E" dated March 20, 2013 15 ^ CITY OF CARLSBAD DISCLOSURE STATEMENT P-1(A) DeveJoomeht Servln^c Planning Division 1635 Faraday Avenue (760)602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownerehip Interests on all applications which will orcomm^^^^^^ ^^"^ appointed BoaitlCoS^ The following information MUOT be disclosed at the time of application submittal. Your oroiect cannot be reviewed until this {nformatlon is completed. Please print. ^our project Note: Person is defined as "Any individual, firm; covpartnersWi^, joint ventura association' sociaf club fratomai oijanization. corporation, estate, tnist. receiver, syndics^ in this and anyVthe^^^ city municipality, district or other political subdivision or any other group or IKK Is 1 m^^' KeMd" b"i'^^^^ however, the legal name and entity of the applicant and property owner 1 2. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or nartn^rch.v. rnclude the names, titles, addresses of all Individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SH/^RES PLSVSE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW ifTScSd corporation, include the names, titles, and addresses of the corporate officers separat^e^m^yb^lJ^ac^^^^^^^ cS^Jvs Uc ' Person Gma^^ (g^^vkcx- Corp/Part Us^ <^4< ' Title Vc^^^Jsr>^r Address TX^'o Coo^ /Vi/e. Title Address '2jn ^ _ ^ „ Coo^-y- OWNER (N^?^Peotef^en?^ . Provide the COiyiPLETE, LgGAL 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 cbrooration or nartrifirship include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORP IS^rp «t,^^^^^^ 'N^'^A^ NON-APPLICABLE (SlXf^^N^^^^ SPACE BELOW. If a publiclv-owned corooration inrlnri^ the names, titles, and addresses of the corporate^offlcers. (A separate page may be attached if necessary) Person Grcep^^ <5vvvVV^ Corp/Part U^s<x. <:jvvNVWe>r Title PrBS\Aevc^ Title Of^ Address 2nn U?ker TW^a-OOtst- Address -^I VI Uoker Ar>ie. LO^d- P-1(A) Page 1 of 2 Revised 07/10 •r 3. 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 • ' Tftle : 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? • V\Ni I I Yes 2 No If yes. please Indicate person(s):. NOTE: Attach additionai sheets If necessary. I certify that all the above infonnation is true and correct to the best of my knowledge. 3<JL/wi4^ CKJ^ e>\jLiy\e/r 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 p BACKGROUND DATA SHEET CASE NO: CUP 12-15 CASE NAME: GUNTHER'S RETAIL 2 APPLICANT: Lisa Guntiier REQUEST AND LOCATION: Request for a Conditional Use Permit to convert up to 1.359 square feet of warehouse and office area to a retail use for the storage, sale and transfer of firearms within the Planned Industrial zone on propertv located at 2717 Loker Avenue West, Suite B, in Local Facilities Management Zone 5. LEGAL DESCRIPTION: Lot 2 of Carlsbad Tract Mao No. 03-12. in the Citv of Carlsbad. Countv 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: Planned Industrial (?l) Proposed Land Use Designation: N/A Density Allowed: N/A Density Proposed: N/A Existing Zone: Plaimed 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 Planned Industrial(P-M) Planned Industrial (PI) Industrial Office/warehouse Soutii 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) Retail shopping center LOCAL COASTAL PROGRAM Coastal Zone: O Yes ^No Local Coastal Program Segment: ___N/A. Within Appeal Jurisdiction: O Yes |3 No Coastal Development Permit: • 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 . J rvi in/" PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): N/A ENVIRONMENTAL IMPACT ASSESSMENT n Categorical Exemption, O Negative Declaration, issued • Certified Environmental Impact Report, dated. Other, Pursuant to Section 15270 of the Califomia Environmental Qualitv Act fCEOAV CEQA does not applv to proiects which a public agencv rejects or disapproves. 12/5/2012 Objective: Retail CUP-2 for an online business (Gunther Guns) selling firearms, ammunition and related gear at a portion of 2717 Loker Avenue West, Carisbad, GA 92010 which will not exceed 10% of building square footage. Summary: 1. Carisbad has already granted a business license to Gunther Guns for online firearm sales in 2011. 2. In order to conduct business, the following wording is required on the business license to satisfy the State of California Department of Justice: "Valid for Retail Sales of Firearms". 3. A retail CUP-2, as noted as a permitted use with CUP in Table A Chapter 21.34.020 of the Carlsbad Zoning Ordinance, is required for the proper wording on the business license. 4. Gunther Guns meets requirements for Retail CUP-2 in the P-M Zone: i. Access to firearms is a concern/use that is desireable to the individuals and businesses in the vicinity as an added option for security. It is currently lacking in the P-M zone and even the Carisbad Police Department cannot purchase firearms and necessary ammunition within the city. ii. Gunther Guns will be members only (like g3mis in the area) to limit/discourage public access and as an added security measure. iii. The proposed retail site of approximately 1359 square feet maximum (less than 10% of building square footage) has adequate parking and building facilities for proposed use. cPC> (S) CD © IV RECEIVED DEC 0 5 mu CITY OF CARLSBAD PLANNING DIVISION SCALE I = ao 54> pT Q> office. (S> office. (D & /n^ ^/^/Af»<'n5 are 5/^ ^''^A i-/" y/ec'^ chse.. uses f=o/^ /vxy ^ fi-fz-^ns /O0O S^'-fi-- voAfeho.se. = 30C SI- -ft- SlO l^-*-T> = (9 (5> 300 $00 EXHiBrr**D' Maximum Building Area, Allocable Share, and Allocated Parking Spaces^ Building Number Lot Number Maximum Building Area (Square Feet) Allocated' Parking Spaces Allocable Share of Common Expenses N/A Lotl N/A N/A N/A 2717 . Lot2 13,932 30 17.3% 2719 Lots 14,512 22 18.0% 2721 Lot4 16,672 29 20.7% 2715 Lots 11,449 37 14.2% 2713 Lot6 9,418 24 11.7% 2711 Lot7 14,600 59 . 18.1% Totals 80,583 Sq. Ft 201** 100% ** Note that as of the date of tiiis Declaration there are 24 unallocated parking spaces within the Project, which unallocated paridng spaces are for tiie use of all of tiie Lots as set fortii in Section 8.2 of this Declaration. -U)SAI:l9449.v3 j-oT/^L- p/^l2.tLiN<r Si>/\^e^ ^ EXHIBIT 5 Planning Commission Minutes Marcli 20,2013 Page 4 Cliairperson Siel^mann closed the public hearing on Agenda Item 1 and asked Mr. Neu to introduce the next item. 2. CUP 12-15 - GUNTHER'S RETAIL 2 - Request for a Conditional Use Permit to convert up to 1,359 square feet of warehouse and office area to a retail use for the storage, sale, and transfer of firearms 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 2 and stated Associate Planner Shannon Werneke would make the staff presentation. Chairperson Siekmann recused herself from the dais due to a conflict of interest regarding the item. Vice Chairperson Black opened the public hearing on Agenda Item 2. Ms. Werneke gave a brief presentation and stated she would be available to answer any questions. Vice Chairperson Black asked if there were any questions of Staff. Commissioner Segall asked if there are any other exceptions to the specific plan or zoning within the industrial park or airport area other than what was identified by Staff. Ms. Werneke stated not to her knowledge but deferred to Mr. Neu. Mr. Neu stated there have not been any other exceptions. Commissioner Montgomery asked if Staff is assuming that people who work in the industrial park will not be patrons of a business such as this. Ms. Werneke stated that the intent in reviewing the group of uses is that they serve the daily needs of the industrial tenants, and Staff does not feel this proposed use is clearly oriented to support the needs of the industrial tenant. It is Staffs determination that the project is not consistent with the purpose and intent of the Planned Industrial (P-M) zone. Commissioner Segall asked if the ordinance details the types of uses. Ms. Werneke stated that within the Specific Plan itself there are 4 sites identified for a mix of retail establishments. The Staples shopping center has a Conditional Use Permit (CUP), and attached to the CUP is a list of permitted and prohibited uses. The sale of firearms was not considered on the list of appropriate uses within the CUP for the Specific Plan. The Specific Plan defers to the P-M zone for retail uses. The P-M zone indicates that an applicant would need a CUP for retail uses. Commissioner Segall asked if this applicant could then open a retail space in the Staples shopping center. Ms. Werneke stated the proposed project could not go across the street as the sale of firearms is not listed as one of the permitted uses. Vice Chairperson Black inquired about the proposed membership of the store. Ms. Werneke deferred to the applicant. Vice Chairperson Black asked if there were any further questions of Staff. Seeing none, he asked if the applicant wished to make a presentation. Lisa Gunther gave a detailed presentation and stated she would be available to answer any questions. Vice Chairperson Black asked if there were any questions of the applicant. Commissioner Scully asked if any member of the public can apply for a membership. Ms. Gunther stated yes. Commissioner Montgomery asked Ms. Gunther to clarify the main use of the site. Ms. Gunther responded that the existing business is online. She stated she does have a business license for firearms but it is not for retail. Because the word "retail" is not on the license, she cannot open any accounts with any vendors to do online sales. She stated she needs a CUP to allow for the retail part of the business, and she would be open for walk-in business and sales. Commissioner Montgomery asked if there will be any assembly of products on site. Ms. Gunther stated scopes or other accessories could be added to existing pieces. Planning Commission Minutes March 20,2013 Page 5 Vice Chairperson Black inquired as to the types of violations within the P-M Zone that Ms. Gunther spoke of during her presentation. She stated there is another gift type of business with a showroom, and furniture type stores and showrooms. Vice Chairperson Black asked if there any further questions of the applicant. Seeing none, he asked if there were any members of the audience who wished to speak on the item. Commissioner Black opened public testimony. Jeff Gosslin commented that he has the largest building in the complex and stated his concern is parking. There are no assigned parking spaces in their complex. Mr. Gosslin asked if there might be a shooting range in the future. He commented that he is not totally against the project; however, he does not want his building to be impacted in a negative light. Vice Chairperson Black asked if the applicant wished to respond. Ms. Gunther stated that in regards to parking, 2717 Loker Avenue was allocated 30 parking spaces. Based on the information she was provided by the property owner, she has figured her business would need 28 parking spaces which falls below the requirement. Vice Chairperson Black asked if there were any other members of the audience who wished to speak on the item. Seeing none, he closed public testimony on the item and asked staff to respond to the issues raised during public testimony. Ms. Werneke stated the project does meet the parking standards. In regard to the memo distributed to the Planning Commission, Ms. Werneke stated those are proposed changes to uses in the P-M zone that Staff is currently considering and the proposed amendments will be before for the Planning Commission for their consideration in about one month. Ultimately, the City is looking to create a little more flexibility in the P-M zone to address the economic downturn. However, at this time, Staff still cannot recommend approval of this project because it cannot meet the findings as they currently exist in the General Plan. Vice Chairperson Black asked if there were any further questions of Staff. Commissioner Segall asked Staff to respond to the issue raised by the applicant indicating there are some existing businesses in the P-M zone which are prohibited uses. Ms. Werneke stated that the retail uses Ms. Gunther spoke of do not have permits and as such are operating illegally. The city's code enforcement division is more reactive and based on complaints from the public. The proposed code amendment mentioned in the memo should address this issue as the proposal is to allow for up to 20% of accessory retail to be allowed with a Minor Conditional Use Permit Commissioner Segall asked if the Commission should review this project with the proposed amendment in mind and look at findings relative to what this applicant is proposing currently. Ms. Werneke stated the City has a current industrial general plan policy, and a current Planned Industrial zone purpose and intent which cannot be ignored. The proposed amendments would need to go through the approval process through Planning Commission, City Council and Coastal Commission which could take upwards of two years until it is final. Until such time as those proposed amendments are final, the City has policies in which this project needs to be analyzed against Mr. Neu commented that Ms. Gunther pointed out some uses that seem like they violate the current zoning and there could in fact be some, however it is very typical that businesses with a showroom will apply for business licenses that allow certain facilities or portions of the business for wholesale purposes. There has been more than one industrial use where it is a design center, for example, for a homebuilder, where the general public does not access the showroom except by appointment. There have been creative mechanisms that some business owners have used to get uses in, and that may appear, on the surface to be retail in nature but have restrictive hours and other characteristics to make it not a retail use. Vice Chairperson Black asked Mr. Neu if the Commission will see this project again in the near future. Mr. Neu stated that as Ms. Werneke mentioned, Staff will be bringing forward to the Commission a proposal for amendments to the General Plan and Zoning. The proposed amendments include changes as directed by City Council in which they were not comfortable considering some of the retail as a permitted use. The Council wanted at least a minor Conditional Use Permit in order to have some review ^1 Planning Commission Minutes March 20,2013 Page 6 and control over the characteristics and how it could impact neighboring land uses. Mr. Neu further commented that the Council did express concern over having smaller retail uses within the industrial parks as a permitted use. Mr. Neu reminded the Commission that those proposed changes have not been approved. Vice Chairperson Black asked if this same project could come back before the Commission for approval if those code changes were to be approved. Mr. Neu stated yes but there would be a few differences if the code amendments are approved as proposed. He stated that this project would then be considered a Minor Conditional Use Permit and would not be acted on by the Commission. Instead the project would be approved administratively at a Staff level. As has been previously mentioned, a major issue is timing as the proposed code amendments effect portions of the municipal code which the Coastal Commission has to act on and that could take up to two years. Commissioner Segall asked about the memo the Commission received. Mr. Neu stated Ms. Gunther's purpose in providing the memo to the Commission was to show that the Council is considering moving in the direction of allowing additional retail uses in the Planning Industrial zone. DISCUSSION Commissioner Segall stated that he does not see how this use fits in with the existing uses, and he can support Staffs recommendation for denial. He commented that he is concerned if there are other uses in the industrial zone that are operating against code, and it is a done is such a way that the City is looking the other way and allowing it. However that does not make him feel that he wants to approve the project just because other people are doing something that is wrong. Commissioner Segall stated he is looking to approve the denial. Commissioner L'Heureux commented that the fact that other businesses are violating the law cannot be the basis for the Commission to approve further violations. It does not give justification for approving the project. By staffs analysis, the Commission cannot make the findings. Until the proposed future changes occur regarding Conditional Use Permits, the Commission is bound by existing rules and regulations; therefore he would have to support Staffs recommendation for denial. Commissioner Scully stated that while she sympathizes with the applicant for the economics of their business, she agrees with her fellow Commissioners in terms of that even though there may be violations within the area, two wrongs do not make a right. She stated she agrees that Staff has made sufficient findings that the project is not conducive to the P-M zone, and she will follow Staffs recommendation to deny the project. Commissioner Montgomery stated he appreciates the comments of his fellow Commissioners; however he disagrees and can take a broader view on the issue. City staff is phenomenal in providing information to the Commission but it is the Commission that makes the determinations that findings are appropriate. He stated he likes the idea that this project can provide services to the Carlsbad Police Department. Commissioner Montgomery believes he can make the findings required for the project. Knowing that the master association has endorsed the business. Commissioner Montgomery further stated he can make the findings to support the project. Vice Chairperson Black stated he would feel bad if the Commission made a decision tonight that impacted the business, however, the Commission has to look at the existing laws and regulations in order to approve the project. He stated he has to accept Staffs recommendation to deny the project. Commissioner Segall suggested that instead of denying the project, perhaps the Commission could table the item to a future date. Ms. Mobaldi stated that even assuming the Commission recommends approval of the proposed code amendments next month, and it is approved by the City Council, the code would not be amended until the Coastal Commission approves it. Even though this particular location is not in the coastal zone, the law will not change with regard to the applicant's business in time for it to be helpful. Ms. Mobaldi commented that the City Council has a little more leeway in terms of interpreting their policies than perhaps what the Commission is comfortable with. She stated that the best course would be to let the project go on to Council. Planning Commission Minutes March 20,2013 Page 7 MOTION ACTION: Motion by Commissioner Scully and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6949 denying Conditional Use Permit CUP 12-15 based on the findings and subject to the conditions contained therein. VOTE: 4-1-1 AYES: Commissioner Black, Commissioner L'Heureux, Commissioner Scully and Commissioner Segall NOES: Commissioner Montgomery ABSENT: Commissioner Schumacher ABSTAIN: Chairperson Siekmann Vice Chairperson Black closed the public hearing on Agenda Item 2. Chairperson Siekmann returned to the dais and asked Mr. Neu to introduce the next item. 3. CUP 12-14 - PROLIFIC ATHLETES - Request for a Conditional Use Permit to allow Prolific Athletes to operate a specialty fitness gym in an existing vacant 15,164 square foot warehouse building on property located at 2077 Las Palmas Drive in the P-M zone and in Local Facilities Management Zone 5. Mr. Neu introduced Agenda Item 3 and stated Assistant Planner Austin Silva would make the staff presentation. Chairperson Siekmann opened the public hearing on Agenda Item 3. Mr. Silva gave a brief presentation and stated he would be available to answer any questions. Chairperson Siekmann asked if there were any questions of Staff. Commissioner L'Heureux asked why this project is not considered a retail use. Mr. Silva stated that this project is not selling any goods or products, rather they are providing a service to anyone that wants athletic training. Mr. Neu commented that in the P-M zone, there is a use entry which states "athletic clubs, gymnasiums, health clubs and physical conditioning businesses." The general plan policies allow or address what is referred to as recreation facilities. In terms of the compatibility of the zone with the general plan, that is the connection that has been made. Commissioner Segall asked how a project of this nature can fit into the P-M Zone and stated he cannot see a nexus between the proposed use and the allowed use for the P-M zone. Mr. Neu stated the applicant can address the proposed use. He commented that there are a number of gyms in the industrial parks and the zoning is pretty straightforward in that they are a conditional use subject to the Planning Commission making the findings. He further commented that he understands the Commission's difficulty with the industrial park populations because some of the other gyms that have been approved are much more of a general public facility where this proposed use is more of a specialized use. Staff feels that it can be viewed that industrial park employees and tenants could utilize the business for training for a full-time athletic career or to improve performance in an athletic activity. Commissioner Montgomery stated he has the same questions. Chairperson Siekmann asked if there were any further questions of Staff. Seeing none, she asked if the applicant wished to make a presentation. Dan Alexander, with Prolific Athletes, gave a brief presentation and stated he would be available to answer any questions. Chairperson Siekmann asked if there were any questions of the applicant. EXHIBIT 6 Citv of C APPEAL FORM I (We) appeal the decision of the ?\cx.v\y\\A^ ^SQYAm\56\QA to the Carlsbad City Council. Date of Decision you are appealing:. Subject of Appeal: BE SPECIFIC Examples: rf the action Is a City Engineer's Decision, please say so. If a project has multiple elements, (such as a General Plan Amendment, Negative Declaration, Specific Plan, etc.) please list them all. If you only want to appeal a part of the whole action, please state that here. Reason(s) for Appeal: • Pleas* Note • Failure to specify e reason may result In denial of the appeal, and you will be limited to the grounds stated here when presenting your appeal. BE SPECIFIC How did the decision maker en*? What about the decision is inconsistent with state or local laws, plans, or policy? SIGNATURE NAME (please print) DATE PHONE NO. y/n Uok^r Ave VAJ^sf ADDRESS: Street Name & Number Zip Code City, State, 1200 Carlsbad Village Drive • Carlsbad, California 92008-1989 - (619) 434-2808 30 C I I Y C) F CARLSBAD APPEAL FORM P-27 Development Services Planning Division 1635 Faraday Avehue (760) 602-4610 www.carlsbadca.gov Date of Decision you are appealing: Subject of the Appeal: BE SPECIFIC Examples: if the action is a City Planner's Decision, please say so. If a project has multiple applications, (such as a Coastal Development Permit, Planned Unit Development, Minor Conditional Use Permit, etc) please 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. VQ^-VS"^ Reason(s> for ttie Appeal: PLEASE NOTE: The appeal shall specifically state the reason(s) for the appeal. Failure to specify a reason nfiav result in denial of the appeal, and vou will be limited to ttie grounds stated here when presenting vour appeal. BE SPECIFIC How did the decision-maker err? What about the decision is inconsistent with local laws, plans, or policy? Please see Carlsbad Municipal Code (CMC) Section 21.54.140(b) for additional infomiation (attached). Please attach additional sheets or exhibits if necessary. ^ 2nv-| LoV:er fVj€Av>e.. VQjist. ^. C^rte>b^><^. NAME (Print): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: SIGNATURE: DATE: r^/xrVs \ogw\. CA <\-2uo \0 p-27 Page 1 of 1 Rev. 05/12 3 REC'D FROM CITY OF CARLSBAD 1635 FARADAY AVENUE CARLSBAD, CALIFORNIA 92 Cashier: (760) 602-2401 Water Utility Billing: (760) 602-2426 DATE ACCOUNT NO. DESCRIPTION AMOUNT 6LflfU0JL PTMMI on racycM p^w. NOT VAUD UNLESS VAUDATED BY CASH REGISTER TOTAL lit"! 65 3P PROOF OF PUBLICATION (2010 & 2011 C.C.P.) This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: April 19*,2013 Proof of Publication of NOTICE oi?.W«lNW IIN6 i^ng at the Coun-rlve<. Carlsbad, -)13, to consider f Of fhe Plonning Use Permit to NOTICE IS HEREBV GIVEN to.you, Itecause your in qty of Carlsbad wiHjmHd<9 fi^lir' ^ , CM Chambers, 1200 Corl^barvilT Caiifornia, at 6.00 p.m. on Ttltielay, Ai denying an appeal and uph<mN^ti)f^L, Commission to deny a reqwst ft^ q CoiMlntwiiw rermn TO convert up to l;359 square feef of Wiiin^iQasd and'offlce area to a thi°^i)iS^3'".!!!f safe, ohdtran^r ^ •Jreanm™lthin the Planned Industrial zone m fgtnmfY focoted at 2717 Loker Thereof. No. 19517, Piled in theWTce of the Couhty Recorder of SanOiegoCounty, June 30,2004 riccuiuei UT Planning Com- «nS.'P?i^*tii:,\/'y^°"*^Sr*^ «*»J*Lo nw^uest for a Condi-tional Use Permit to convert up to 1,359 square feet of ware-house dnd toffice area to a retaU use for the stora^V sale and SS^AlSSSiSln'f'/onM''' """'"^ '=°^'"- IrJ^t^«S21 *>" tD'* proposal are cordially in-- to attend the public heiqrtfig. Ccnjes of the ogenda bill will be aval able on and after AprU 26, 2013. If you hdve any ques-I.*°/lin?'f!^^^?"*°^lS^°""°" Werneke in the Planning Division at (760> 602-462T or sliannon.wemeite<^eca-lslM|dco.9ov T If you challenge the appeal of fhe CondMonqi Use Permit in court, ypu may ^be limited to mmm onlylt^ i^titl you or tPr?S?1SS,'r*i?tIS'^ at th»DuWic heariftg d^Wlh this no-tice or in writtsi correspdndence deliversed tothe City of Carlsbad, Attn: City Clerk% Office, 1»0 Carlsbad Village Drive, Carlsbad, GA 92008, at or pFjorto the public hearing. ' CASE FiLE: CUP 12-15 CASE NAME : GUNTHER'S RETAIL2 CITY'OF CARLSBAD CITY COUNCIL Pub: 4/19/13 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Escondido, California On Thi5^19*Vtfay Af3ril, 2013 Jane Allshouse NORTH COUNTY TIMES Legal Advertising NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, April 30, 2013, to consider denying an appeal and upholding the decision of the Planning Commission to deny a request for a Conditional Use Permit to convert up to 1,359 square feet of warehouse and office area to a retail use for the storage, sale, and transfer of firearms within the Planned Industrial zone on property located at 2717 Loker Avenue West, Suite B, in Local Facilities Management Zone 5 and more particularly described as: Lot 2 of Carlsbad Tract No. 03-12 in the City of Carlsbad, County of San Diego, State of California, According to Parcel Map Thereof No. 19517, Filed in the Office of the County Recorder of San Diego County, June 30, 2004 Whereas, on March 20, 2013 the City of Carlsbad Planning Commission voted 4-1 (Montgomery) to deny a request for a Conditional Use Permit to convert up to 1,359 square feet of warehouse and office area to a retail use for the storage, sale, and transfer of firearms within the Planned Industnal zone on property located at 2717 Loker Avenue West, Suite B, in Local Facilities Management Zone 5. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after April 26, 2013. If you have any questions, please contact Shannon Werneke in the Planning Division at (760) 602-4621 or shannon.werneke(S)carlsbadca.gov. If you Challenge the appeal of the Conditional Use Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: CUP 12-15 CASE NAME: GUNTHER'S RETAIL 2 PUBLISH: April 19, 2013 CITY OF CARLSBAD CITY COUNCIL SITEMAP N NOT TO SCALE Gunther's Retail 2 CUP 12-15 Citv of C i Office of the Oity Olerk APPEAL FORM J CiTY OF CARLSBAD^ niTY CLERK'S QFFiCt:. I (We) appeal the decision of the ?\a.y\Y\\AA (COYAYA\56\QA to the Carlsbad City Council. Date of Decision you are appealing: Subject of Appeal: BE SPECIFIC Examples: if the action is a City Engineer's Decision, please say so. If a project has multiple elements, (such as a General Plan Amendment, Negative Declaration, Specific Plan, etc.) please list them all. if you only want to appeal a part of the whole action, please state that here. Reason(s) for Appeal: • Please Note • Failure to specify a reason may result in denial of the appeal, and you will be limited to the grounds stated here when presenting your appeal. BE SPECIFIC How did the decision maker err? What about the decision is inconsistent with state or local laws, plans, or policy? SIGNATURE NAME (please print) DATE PHONE NO. ADDRESS: Street Name & Number City, State, Zip Code 1200 Carlsbad Village Drive • Carlsbad, California 92008-1989 • (619) 434-2808 ^ Development Services APPEAL FORM planning Division riTY OF P-97 1635 Faraday Avenue - C I T Y O F r-Z / (7g0) 602-4610 CAR LSBAD www cansbadca gov Date of Decision you are appealing: Subiect of the Appeal: BE SPECIFIC Examples: if the action is a City Planner's Decision, please say so. If a project has multiple applications, (such as a Coastal Development Permit, Planned Unit Development, Minor Conditional Use Permit, etc) please 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. (^o9 V^-\B' Reasonfs) for the Appeal: PLEASE NOTE: The appeal shall specifically state the reason(s) for the appeal. Failure to specify a reason may result in denial of the appeal, and vou will be limited to the arounds stated here when presenting your appeal. BE SPECIFIC How did the decision-maker err? What about the decision is inconsistent with local laws, plans, or policy? Please see Carlsbad Municipal Code (CMC) Section 21.54.140(b) for additional information (attached). Please attach additional sheets or exhibits if necessary. ^ 1 /\ 4-\A.^ ^2::cyw€.. _ NAME (Print): L\^>o<- ^W C MAILING ADDRESS: -TTWn LoWer PcJ^ UJAvV S^\-Ve^ B> CITY, STATE, ZIP: r\ixrV£> \QgvV CA \0 TELEPHONE: -yCgC -3^0- 4^G"^ EMAIL ADDRESS: V\S6^ gvj>^^yera;^ SIGNATURE: KJ^^Y^^^^^^yJU^ DATE: 3^ 2-^-G> p-27 Pagel of 1 Rev. 05/12 AMaAV-09-008-1. lUO)'Aj3Ae'M/W/W CARLSBAD UNIFIED SCHOOL DISTRICT 6225 EL CAMINO REAL CARLSBAD CA 92011 [ Nidn-dod pjoqai a| jaj^A^j I ap ui^e 9jni|3ei| e| ^ Z3!|ds)| ap suas • SAN MARCOS SCHOOL DISTRICT STE 250 255 PICO AV SAN MARCOS CA 92069 J3|dd ^ sa|j3e^ sauanbni ENCINITAS SCHOOL DISTRICT 101 RANCHO SANTA FE RD ENCINITAS CA 92024 SAN DIEGUITO SCHOOL DISTRICT 710 ENCINITAS BLVD ENCINITAS CA 92024 LEUCADIA WASTE WATER DISTRICT TIMJOCHEN 1960 LA COSTA AV CARLSBAD CA 92009 OLIVENHAIN WATER DISTRICT 1966 OLIVENHAIN RD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 CITY OF VISTA 200 CIVIC CENTER DR VISTA CA 92084 STATE OF CAUFORNIA DEPT OF FISH AND WILDLIFE 3883 RUFFIN RD SAN DIEGO CA 92123 VALLECITOS WATER DISTRICT 201 VALLECITOS DE ORO SAN MARCOS CA 92069 REGIONAL WATER QUALITY STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 SD COUNTY PLANNING STE 310 5510 OVERLAND AV SAN DIEGO CA 92123-1239 SAN DIEGO LAFCO STE 200 9335 HAZARD WAY SAN DIEGO CA 92123 AIR POLLUTION CONTROL DISTRICT 10124 OLD GROVE RD SAN DIEGO CA 92131 SANDAG STE 800 401 B ST SAN DIEGO CA 92101 U.S. FISH & WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92011 CA COASTAL COMMISSION ATTN KANANI BROWN STE 103 7575 METROPOLITAN DR SANDIEGO CA 92108-4402 AIRPORT LAND USE COMMISSION SAN DIEGO CO. AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT- PROJECTENGIINEER CITY OF CARLSBAD PROJECT PLANNER MICHAEL MCSWEENEY - BIASD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 T wjLa6p3 dn^iod asodxa ®091.S ejeidiuai g,AjaAv asp Easy peel® Labels Use Avery® Template 5160® Bend along line to j expose Pop-up Edge^"* j AVERY® 624rM LOKER REALTY LLC 4 ALDGATEDRW MANHASSET NY 11030 COUNTY OF SAN DIEGO 1600 PACIFIC HIGHWAY SAN DIEGO CA 92101 KAISER ELECTRO-OPTICS INC 400 COLLINS RD NE CEDAR RAPIDS lA 52498 CARLSBAD OAKS NO 1 L P 1000 PIONEER WAY EL CAJON CA 92020 REALTY ASSOCIATES FUND VIII LP 1301 DOVE ST UNIT 860 NEWPORT BEACH CA 92660 CARLSBAD OAKS LTD L P 1000 PIONEER WAY EL CAJON CA 92020 GATEWAY COLORADO PROPERTIES INC P O BOX 4900 SCOTTSDALE AZ 85261 FENTON H G COMPANY 7577 MISSION VALLEY RD UNIT 200 SAN DIEGO CA 92108 CALIFORNIA BUTCHERS PENSION TRUST FUND 2777 LOKER AVE W CARLSBAD CA 92010 FRANZ-ATRIUM II L P 2710 LOKERAVEW UNIT 100 CARLSBAD CA 92010 C B L L L C 6183 PASEO DEL NORTE UNIT 280 CARLSBAD CA 92011 RAM BUILDING OWNERS LLC 55 INDEPENDENCE CIR UNIT 201 CHICO CA 95973 LOKER RIDGE LLC 2742 LOKERAVEW CARLSBAD CA 92010 BLUE HAT LLC 6965 EL CAMINO REAL UNIT 105 CARLSBAD CA 92009 PACIFIC STARR ESSEX- CARLSBAD LLC 650 SIERRA MADRE VILLA AVE UNIT 100 PASADENA CA91107 GUNTHER LLC 2717 LOKERAVEW CARLSBAD CA 92010 THOMAS & KATHLEEN RHATIGAN 1074 BEACON BAY RD CARLSBAD CA 92011 JAABALLC 2780 LOKERAVEW CARLSBAD CA 92010 ADAM & MOIRA E DEWAR 2719 LOKERAVEW UNIT B CARLSBAD CA 92010 CJ3 LLC 15843 PAUMA VALLEY DR PAUMA VALLEY CA 92061 PETERABASILE 1520 GLORIETTA BLVD CORONADO CA92118 TPS HOLDINGS LLC 1780 LA COSTA MEADOWS DR UNIT 101 SAN MARCOS CA 92078 S F T CARLSBAD LLC 6519 E BAR ZLN PARADISE VALLEY AZ 85253 KINGS BAY INTERNATIONAL INVESTMENTS 2774 LOKERAVEW CARLSBAD CA 92010 EPQUEUE LLC 2772 LOKERAVEW CARLSBAD CA 92010 FREDERICK S BROWN 2770 LOKERAVEW CARLSBAD CA 92010 2768 LOKER LLC 2761 SATURN ST UNIT F BREA CA 92821 GLOBAL OPPORTUNITIES REALTY INC 2776 LOKERAVEW CARLSBAD CA 92010 2778 LOKER LLC 1454 LAUREN CT ENCINITAS CA 92024 LEE REVOCABLE TRUST 7337 MELODIATER CARLSBAD CA 92011 litiquettes fadles a peler • Sens de Repliez d la hachure afin de | ... . MC I www.avery.com i.nnn.r;n.A\/FRV Easy Peel® Labels j A — Bend along line to j AVERY® 624r«'! Use Avery® Template 5160® j Feed Paper ' •' expose Pop-up Edge^"* j \^ j LOT 23 BRESSI RANCH LLC PALOMAR AIRPORT ROAD LLC 221 15TH ST 50 S 10TH ST UNIT 300 DEL MAR CA 92014 MINNEAPOLIS MN 55403 Etiquettes faciles ci peler | ^ . Repliez a la hachure afin de | www.avery.com | Gunther’s Retail 2 Appeal CUP 12-15 Planning Commission March 20, 2013 Convert up to 1,359 SF warehouse/office area to retail CUP to store, sell and transfer firearms Background •July 3, 2012. Planning Commission denied (4-0) request to sell firearms at same location  Appeal filed by applicant •October 23 & November 27, 2012. City Council upheld PC decision to deny CUP  Denied without prejudice  Allows applicant to reapply for CUP •March 20,2013. Planning Commission denied 2nd request (4-1) Appeal filed March 22, 2013 Changes to CUP Request •Floor area has increased from 965 to 1,359 square feet; and •To limit walk-in traffic, applicant proposes that each prospective gun owner become a member of their business General Plan Land Use Element Planned Industrial Implementing Policy C.9 Allow, by conditional use permit, ancillary commercial, office, and recreational uses when clearly oriented to support industrial developments and their populations. These included but are not limited to commercial services, conference facilities, daycare centers, recreation facilities and short-term lodging. Carlsbad Airport Business Center Specific Plan •Four lots anticipated for mixed industrial support uses with a CUP Includes Staples shopping center to the southwest; does not include subject lot •Any other retail use, SP defers to P-M zone  CUP required for retail use in P-M zone •Retail uses required to support industrial park P-M Zone Intent and Purpose Allow the location of business and light industries….and professional offices when engaged in activities associated with corporate offices or in activities whose primary purpose is to not cater directly to the general public, and certain commercial uses which cater to and are ancillary to the uses allowed in this zone. Examples of Industrial Support Retail Uses •Office supply store •Deli/coffee shop •Dry cleaners •Hair salon •Blueprint/copying service •Bank Analysis Project is inconsistent with the following: •General Plan, Planned Industrial Policy C.9 •Planned Industrial (P-M) zone, Intent and Purpose •Specific Plan, SP 200(B) Recommendation That the City Council ADOPT Resolution No. 2013-096 DENYING the appeal and upholding the decision of the Planning Commission to DENY Conditional Use Permit CUP 12-15 based on the findings contained therein.