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HomeMy WebLinkAbout2013-05-14; City Council; 21232; Approving Appeal Gunther's Retail CUP 12-15CITY OF CARLSBAD - AGENDA BILL AB# 21,232 APPROVING APPEAL AND OVERTURNING DECISION OF THE PLANNING COMMISSION REGARDING GUNTHER'S RETAIL (CUP 12-15) DEPT. DIRECTOR MTG. 5/14/13 APPROVING APPEAL AND OVERTURNING DECISION OF THE PLANNING COMMISSION REGARDING GUNTHER'S RETAIL (CUP 12-15) CITY ATTY. ( kl DEPT. CA APPROVING APPEAL AND OVERTURNING DECISION OF THE PLANNING COMMISSION REGARDING GUNTHER'S RETAIL (CUP 12-15) CITY MGR. 4Mfb^^ RECOMMENDED ACTION: Adopt Resolution 2013-117 approving the appeal and overturning the decision of the Planning Commission to deny Conditional Use Permit CUP 12-15 and directing the refund of appeal fees. ITEM EXPLANATION: Staff has prepared the attached resolution to reflect the April 30, 2013 City Council decision to grant the appeal and overturn the decision of the Planning Commission to deny Conditional Use Permit CUP 12-15. The attached resolution will allow the applicant to convert up to 1,359 square feet of warehouse and office area to a retail use for the sale, transfer, and storage of firearms and firearm-related products within the planned industrial zone on property located at 2717 Loker Avenue West, Suite 8, in Local Facilities Management Zone 5. At the public hearing on April 30, 2013, staff had initially prepared a draft resolution denying the appeal. After the public hearing, the City Council voted 3-2 to grant the appeal and directed staff to prepare a new resolution. Staff believes the attached draft resolution accurately reflects the City Council discussion and decision. If so, the Resolution may be adopted. FISCAL IMPACT: There are no fiscal impacts to the City other than administrative staff costs associated with the processing of this appeal. ENVIRONMENTAL IMPACT: This project is exempt from CEQA pursuant to Section 15301, Existing Facilities, of the State CEQA Guidelines. The City Planner will file a Notice of Exemption for the project. EXHIBITS: 1. Resolution 2013-117 DEPARTMENT CONTACT: Celia Brewer 760-434-2891 attorney@carlsbadca.gov FOR CLERK USE. COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER - SEE MINUTES • AMENDED • REPORT RECEIVED • 1 RESOLUTION NO. 2013-117 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN APPEAL AND 3 OVERTURNING THE DECISION OF THE PLANNING COMMISSION TO DENY CONDITIONAL USE PERMIT CUP 12- 4 15 TO CONVERT UP TO 1,359 SQUARE FEET OF WAREHOUSE AND OFFICE AREA TO A RETAIL USE FOR THE 5 SALE, TRANSFER, AND STORAGE OF FIREARMS AND FIREARM-RELATED PRODUCTS 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 2 CASE NO.: CUP 12-15 follows: WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on March 20, 2013, hold a duly noticed public hearing as prescribed by law to consider Conditional Use Permit CUP 12-15 and adopted Planning Commission Resolution No. 6949, denying Conditional Use Permit CUP 12-15; and WHEREAS, the City Council of the City of Carlsbad, on the 30th day of April, 2013, held a duly noticed public hearing to consider an appeal of the denial of Conditional Use Permit CUP 12-15, received a presentation from city staff, took public testimony; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating to the appeal of a Conditional Use Permit denial. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Councii of the City of Carlsbad as follows: 24 2. That the recommendation of the Planning Commission for the denial of Conditional Use Permit (CUP 12-15) is hereby overturned and that CUP 12-15 is approved 25 subject to the findings and conditions of the City Council contained herein. 2^ 3. That the appellant's fees be refunded. 27 28 1 Findings: 2 1. That the requested use (retail sale of firearms and firearm-related products) is 3 necessary or desirable for the development of the community, and is in harmony with the Planned Industrial (PI) General Plan land use designation in that the use will 4 provide firearms and firearm-related products for security purposes in close proximity to the owners of the businesses within the surrounding P-M zone. 5 Furthermore, security firms are a compatible land use in the Planned Industrial land use designation and are permitted In the P-M zone. 6 That the requested use (retail sale of firearms and firearm-related products) 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 use is compatible with the existing ^ surrounding office/industrial uses and the existing project (PIP 88-02) has been designed to accommodate all required parking on-site and provides for adequate ^ traffic circulation. Furthermore the retail sale of firearms is proposed to be located within an existing building suite and only tenant improvements to the interior are required for the use. " That the site for the proposed conditional use is adequate in size and shape to j2 accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the planning director, planning commission or city council, in order to integrate the use with other uses in the neighborhood in that the retail firearms facility will occupy only 1,359 square feet of an existing 13,925 square foot office/Industrial building with existing onsite landscaping as previously-approved pursuant to Planned Industrial Permit (PIP 88-02) and requires no site alterations or additional amenities. Furthermore, the project complies with all of the required development standards of the P-M Zone and the proposed 1,359 square feet is adequate in size and shape to accommodate the retail sale of firearms, as shown on Exhibits "A"- j7 "E" dated March 20, 2012. 15 16 18 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that the project site is provided access from Loker 19 Avenue West, a local street, and is located off of Palomar Airport Road, a primary arterial street, which are currently operating at an acceptable level of service. The 20 original project (PIP 88-02) was previously-analyzed for traffic generation and the street system was designed to properly handle all traffic generated by the 21 office/industrial park. The limited additional average daily trips associated with this proposed retail firearms facility can be accommodated by the existing street 22 system. 23 5. That the City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the 24 environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301 - "Existing 25 Facilities" of the state CEQA Guidelines. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do 26 not apply to this project. 27 28 -2- 1 6. The City Council has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are 2 imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by 3 the project. 4 Conditions: Note: Unless othen/vise specified herein, all conditions shall be satisfied prior to issuance of a 5 business license and/or building permit or building occupancy permit, whichever occurs first. 6 1. If any of the following conditions fail to occur, or if they are, by their terms, to be ^ implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to ^ revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy ^ issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said 1^ conditions or seek damages for their violation. No vested rights are gained by Developer ^ ^ or a successor in interest by the City's approval of this Conditional Use Permit. ^2 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any j4 proposed development, different from this approval, shall require an amendment to this approval. 15 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 16 regulations in effect at the time of building permit issuance. 17 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project 18 are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be 19 invalid unless the City Council determines that the project without the condition complies with all requirements of law. 20 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 21 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, 22 claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Conditional Use 23 Permit, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 2^^ (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility 2^ of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval 2" is not validated. 27 28 -3- 1 6. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 5 Local Facilities Management Plan and any amendments made to 2 that Plan prior to the issuance of building permits. 3 7. This approval shall become null and void if a building permit or business license is not 4 issued for this project within 24 months from the date of project approval 8. Developer shall pay the citywide Public Facilities Fee imposed by City Councii Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section . 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable y Local Facilities Management Plan fee for Zone 5, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this g approval will not be consistent with the General Plan and shall become void. 9 9. Prior to the issuance of the building permit. Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to 10 be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of 11 Carlsbad has issued a Conditional Use Permit by City Council Resolution No. 2013-117 on the property. Said Notice of Restriction shall note the property description, location of 12 the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City 13 Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or 14 successor in interest. 15 10. CUP 12-15 shall be reviewed by the City Planner annually to determine if all conditions of this permit have been met and that the use does not have a substantial negative 16 effect on surrounding properties or the public health, safety and general welfare. If the City Planner determines that: 1) the Conditional Use Permit was obtained by fraud or 17 misrepresentation; or 2) the use for which such approval was granted is not being exercised; or 3) the Conditional Use Permit is being or recently has been exercised 18 contrary to any of the terms or conditions of approval or the conditions of approval have not been met; or 4) the use for which such approval was granted has ceased to exist or 19 has been suspended for one year or more; or 5) the use is in violation of any statute, ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is 20 being or has been so exercised as to be detrimental to the public health, safety or welfare or so as to constitute a nuisance, the City Planner shall recommend that the 21 Planning Commission hold a public hearing and after providing the permittee the opportunity to be heard, the Planning Commission may revoke and terminate the 22 Conditional Use Permit in whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose new conditions. 23 11. This Conditional Use Permit CUP 12-15 is granted for a period of five (5) years from May 14, 2013 through May 13, 2018. This pemiit may be revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time not to exceed five (5) years upon written application of the permittee made no less than 27 90 days prior to the expiration date. The Planning Commission may not grant such extension, unless it finds that there are no substantial negative effects on surrounding 28 -4- 1 land uses or the public's health and welfare. If a substantial negative effect on surrounding land uses or the public's health and welfare is found, the extension shall be 2 denied or granted with conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the Planning Commission may 3 grant. 4 12. CUP 12-15 is approved subject to the following restrictions: a. The only on-site retail sales activity allowed by this CUP is the sales, transfer 5 and storage of firearms, and firearm-related products. No on-site retail sales of any other products is permitted; and 6 b. No additional signage regarding the sales, transfer or storage of firearms and firearm related products is allowed on-site. 7 13. Prior to issuance of the business license for the retail use, the applicable 8 development impact fees shall be paid in accordance with the city's current fee schedule, to the satisfaction of the City Engineer and Building Official. 9 10 The project is subject to all applicable provisions of local ordinances, including but not limited to 11 the following: 12 14. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily 13 Trips (ADT) and floor area contained in the staff report and shown on the site plan are for planning purposes only. 14 15. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. Ij 16. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. Code Reminders: "NOTICE TO APPLICANT" 18 19 The time within which judicial review of this decision must be sought is governed 20 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 21 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 the decision becomes final a 22 request for the record is filed with a deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is 23 extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written 24 request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008. 25 26 27 28 /// /// 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, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 14*^ day of May, 2013, by the following vote to wit: AYES: NOES: Council Members Wood, Blackburn and Douglas. Council Members Hall and Packard. ABSENT: None. ATTEST: 6ARgW Clerk =dk ''^^••--^ (SEAD^