HomeMy WebLinkAbout2015-06-30; City Council; 22021; Conditional Use Permit Brewery 2719 Loker Avenue West LCM Zone 5CITY OF CARLSBAD-AGENDA BILL
AB# 22.021 APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW DEPT. DIRECTOR ~
MTG. 6/30/2015 A BREWERY AND TASTING ROOM ON PROPERTY CITY ATIORNEY m
DEPT. CEO LOCATED AT 2719 LOKER AVENUE WEST, SUITE D, IN CITY MANAGER f (~f)
LOCAL FACILITIES MANAGEMENT ZONE 5
RECOMMENDED ACTION:
2015-170
Adopt Resolution No. approving Conditional Use Permit No. CUP 15-01 as recommended for approval
by the Planning Commission.
ITEM EXPLANATION:
Project Application(s) I Administrative Approvals I Planning Commission I City Council
CUP 15-01 I I I X
A= Approved
x = Final City decision-making authority
./ = requires Coastal Commission approval
On May 20, 2015, the Planning Commission recommended approval (4-2; Chairperson Scully and
Commissioner Anderson voted no; Commissioner Black absent) to allow a brewery and tasting room in an
existing office/industrial building on property located at 2719 Loker Avenue West, Suite D, in the Planned
Industrial (P-M) Zone and in Local Facilities Management Zone 5.
The project site consists of six buildings on individual lots with a common lot mostly containing parking areas
and landscaping. One of the six buildings is further subdivided into four air-space condominiums with the
brewery and tasting room proposed in one of the four air-space units. The entire project site consists of office
and industrial uses, with a retail gun store in an adjacent building.
Palomar Brewing Company is proposing a 650 square foot tasting room within a 3,280 square foot suite. The
remaining space would be a mix of office (242 s.f.), manufacturing (541 s.f.) and warehousing (1,847 s.f.). A
brewery is a permitted use in the P-M Zone. However, a brewery with an accessory tasting room is subject to
the approval of a Conditional Use Permit approved by the City Council. Tasting rooms are limited to 20% of the
gross floor area of the building/suite or 2,000 square feet, whichever is less. The proposed 650 square foot
tasting room is 19.8% of the gross floor area of the suite and therefore complies with the 20% maximum size
requirement.
The primary brewery use is considered a manufacturing use and the accessory tasting room has the same
parking requirement as the primary use according to the municipal code. The parking lot for the project site
has 220 parking spaces. All of the uses together, including the brewery, require a total of 209 spaces.
Therefore, there will be a surplus of 11 parking spaces on-site. Future tenant improvements and/or new uses
proposed for vacant suites on the site will be evaluated for parking compliance prior to issuance of a building
permit or business license.
DEPARTMENT CONTACT: Chris Garcia 760-602-4622 chris.garcia@carlsbadca.gov
FOR CITY CLERKS USE ONLY. ~ COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC D
DENIED D CONTINUED TO DATE UNKNOWN D
CONTINUED D RETURNED TO STAFF D
WITHDRAWN D OTHER-SEE MINUTES D
AMENDED D
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Palomar Brewing Company
June 30, 2015
Pagel o/2
The project applicant, Mr. Pressly Fairweather, spoke at the Planning Commission hearing. In addition, Mr.
Paul Danninger, representing the project site's owner's association, expressed concern about the potential loss
of parking on the site. No other members of the public spoke on the item.
Chairperson Scully commented that she is in support of the brewery, but cannot support the tasting room
because she feels that it is not a compatible use given its proximity to the existing gun store.
Commissioner Anderson commented that she is concerned there is not enough parking for all uses on the site.
without a shared parking agreement.
Commissioner L'Heureux commented that he cannot support the project without a condition of approval
limiting the hours of operation of the tasting room. A motion was made to add a condition of approval that
limits the hours of operation of the tasting room to Wednesdays 4 pm - 8 pm, Thursdays 4 pm - 9 pm, Fridays
4 pm -10 pm, Saturdays 11 am -10 pm, and Sundays 11 am -10 pm. The tasting room shall be closed on
Mondays and Tuesdays.
A full disclosure of the Planning Commission's actions and a complete description and staff analysis of the
proposed project is included in the attached minutes and Planning Commission staff report. The Planning
Commission and staff are recommending approval of the proposed Conditional Use Permit.
FISCAL IMPACT:
There are no fiscal impacts associated with the proposed Conditional Use Permit.
ENVIRONMENTAL IMPACT:
The City Planner has determined that this project is exempt from the requirements of the California
Environmental Quality Act (CEQA) per Section 15301, "Existing Facilities," of the State CEQA Guidelines and will
not have any adverse significant impact on the environment. A Notice of Exemption will be filed with the
County Clerk upon approval of this project.
PUBLIC NOTIFICATION:
Information regarding public notifications of this item such as mailings, public hearing notices posted in the
newspaper and on the City website are available in the Office of the City Clerk.
EXHIBITS:
1. City Council Resolution No. 2015-170
2. Location Map
3. Planning Commission Resolution No. 7100
4. Planning Commission Staff Report, dated May 20, 2015
5. Excerpts of Planning Commission Minutes, dated May 20, 2015
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RESOLUTION NO. 2015-170
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A
BREWERY AND TASTING ROOM ON PROPERTY LOCATED AT 2719 LOKER
AVENUE WEST, SUITED, IN LOCAL FACILITIES MANAGEMENT ZONE 5.
CASE NAME: PALOMAR BREWING COMPANY
CASE NO.: CUP 15-01
The City Council of the City of Carlsbad, California, does hereby resolve as follows:
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission
did, on May 20, 2015, hold a duly noticed public hearing as prescribed by law to consider Conditional
Use Permit No. CUP 15-01; and
WHEREAS, the City Council of the City of Carlsbad, on the __ 3_0_t_h __ day of June
2015, held a duly noticed public hearing to consider said Conditional Use Permit; 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 adoption of a Conditional Use Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad as
follows:
1. That the above recitations are true and correct.
2. That the recommendation of the Planning Commission for the approval of a
Conditional Use Permit is adopted and approved, and that the findings and conditions of the Planning
Commission contained in Planning Commission Resolution No. 7100 on file with the City Clerk and
incorporated herein by reference, are the findings and conditions of the City Council.
"NOTICE TO APPLICANT"
The time within which judicial review of this decision must be sought is governed by
Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by
Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the
appropriate court not later than the ninetieth day following the date on which this decision becomes
final; however, if within ten days after the decision becomes final a 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 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 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. ?J
1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
2 of Carlsbad on the 30th day of June, 2015, by the following vote to wit:
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AYES: Council Members Hall, Blackburn, Schumacher, Wood and Packard.
NOES: None.
ABSENT: None.
MA~f!U
ATTEST:
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SliE cmo
000
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NOT TO SCALE
Palomar Brewing Company
CUP 15-01 s
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PLANNING COMMISSION RESOLUTION NO. 7100
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A
CONDITIONAL USE PERMIT TO ALLOW PALOMAR BREWING TO
OPERATE A BREWERY AND TASTING ROOM ON PROPERTY LOCATED AT
2719 LOKER AVENUE WEST, SUITE D, IN LOCAL FACILITIES
MANAGEMENT ZONE 5.
CASE NAME:
CASE NO.:
PALOMAR BREWING COMPANY
CUP 15-01
WHEREAS, Pressly Fairweather, "Developer," has filed a verified application with the
City of Carlsbad regarding property owned by Angela Fairweather, "Owner," described as
Unit 1-2 of Module 1 of MS 05-24 which is a portion of Lot 3 of Parcel
Map 19517, in the City of Carlsbad, County of San Diego, State of
California, according to map thereof, filed in the office of the County
Recorder of San Diego County, June 30, 2004
("the Property"); and
WHEREAS, said verified application constitutes a request for a Conditional Use Permit as
shown on Exhibits "A"-"B" dated May 20, 2015, on file in the Planning Division, PALOMAR BREWING
COMPANY-CUP 15-01, as provided by Chapter 21.42 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on May 20, 2015, hold a duly noticed public
hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to
the CUP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A)
B)
Findings:
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of PALOMAR BREWING COMPANY-CUP 15-01, based on
the following findings and subject to the following conditions:
(Note: These findings are not applicable to 1st Amendment uses; see Section 21.42.030.B)
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1.
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That the requested use is necessary or desirable for the development of the community, and is
in harmony with the various elements and objectives of the general plan, including, if
applicable, the certified local coastal program, specific plan or master plan, in that the proposed
brewery and. tasting room will add to Carlsbad another popular use that is enjoyed
throughout the county. The use will provide a good balance by utilizing the industrial park
space for manufacturing during typical working hours and will provide a social environment
on evenings and weekends when the industrial park is less utilized. Furthermore, per
Industrial Implementing Policy C.9 of the General Plan Land Use Element, ancillary
commercial (tasting room) is a compatible land use in the PI land use designation and are
conditionally permitted in the implementing P-M zone.
That the requested use is not detrimental to existing uses or to uses specifically permitted in
the zone in which the proposed use is to be located in that the proposed brewery and tasting
room is compatible with the surrounding office/industrial park uses and the proposed use will
provide adequate parking that is consistent with the city's parking requirements. The existing
site has been designed to accommodate all required parking on-site and provides for
adequate tr~ffic circulation. Furthermore the brewery and tasting room is proposed to be
located within an existing building 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 accommodate
the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other
development features prescribed in this code and required by the City Planner, planning
commission or city council, in order to integrate the use with other uses in the neighborhood, in
that the brewery and tasting room will occupy 3,280 square feet of an existing building with
existing onsite landscaping and parking and requires no site alterations or additional
amenities. Furthermore, the project complies with all of the required development standards
of the P-M Zone including that a tasting room is limited to 20% of the gross floor area or 2,000
square feet, whichever is less. The proposed 650 square foot tasting room is 19.8% of the
proposed 3,280 square foot space, which is adequate in size and shape to accommodate the
use as shown on Exhibits "A-B." The brewery and tasting room requires 6 parking spaces.
Including Palomar Brewing Company, the property has an excess of 11 parking spaces for all
existing uses and therefore meets all parking requirements.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the project is provided access from Loker Avenue West,
a local street which is currently operating at an acceptable level of service and accessed from
Palomar Airport Road and El Fuerte Street. The 26 average daily trips associated with this
proposed brewery and tasting room can be accommodated by the existing street system.
That the City Planner has determined that the project belongs to a class of projects that the
State Secretary for Resources has found do not have a significant impact on the environment,
and it is therefore categorically exempt from the requirement for the preparation of
environmental documents pursuant to Section 15301 -Existing 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 not apply to this project.
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 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. r;f
PC RESO NO. 7100 -2-
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Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building permit
issuance or occupancy, whichever occurs first.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the City shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or
further condition all certificates of occupancy issued under the authority of approvals herein
granted; record a notice of violation on the property title; institute and prosecute litigation to
compel their co.mpliance with said conditions or seek damages for their violation. No vested
rights are gained by Developer or a successor in interest by the City's approval of this
Conditional Use Permit.
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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 proposed development, different from
this approval, shall require an amendment to this approval.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged,
this approval shall be suspended as provided in Government Code Section 66020. If any such
condition is determined to be invalid, this approval shall be invalid unless the City Council
determines that the project without the condition complies with all requirements of law.
Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly,
from (a) City's approval and issuance of this Conditional Use Permit, (b) City's approval or
issuance of any permit or action, whether discretionary or nondiscretionary, in connection with
the use contemplated herein, and (c) Developer/Operator's installation and operation of the
facility permitted hereby, including without limitation, any and all liabilities arising from the
emission. by the facility of electromagnetic fields or other energy waves or emissions. This
obligation survives until all legal proceedings have been concluded and continues even if the
City's approval is not validated.
This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 5 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
This approval shall become null and void if building permits are not issued for this project or an
occupancy permit is not issued within 24 months from the date of project approval.
PC RESO NO. 7100 -3-
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8. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and
CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code
Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee
for Zone 5, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building
permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan
and shall become void.
9. Developer shall submit to the City a Notice of Restriction executed by the owner of the real
property to be developed. Said notice is to be filed in the office of the County Recorder, subject
to the satisfaction of the City Planner, notifying all interested parties and successors in interest
that the City of Carlsbad has issued a Conditional Use Permit by Resolution No. 7100 on the
property. Said Notice of Restriction shall note the property description, location of the file
containing complete project details and all conditions of approval as well as any conditions or
restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority
to execute and record an amendment to the notice which modifies or terminates said notice
upon a showing of good cause by the Developer or successor in interest.
10. CUP 15-01 shall be reviewed by the City Planner annually to determine if all conditions of this
permit have been met and that the use does not have a substantial negative effect on
surrounding properties or the public health, safety and general welfare. If the City Planner
determines that: 1) the Conditional Use Permit was obtained by fraud or misrepresentation; or
2) the use for which such approval was granted is not being exercised; or 3) the Conditional Use
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· Permit is being or recently has been exercised contrary to any of the terms or conditions of
approval or the conditions of approval have not been met; or 4) the use for which such approval
was granted has ceased to exist or has been suspended for one year or more; or 5) the use is in
violation of any statute, ordinance, law or regulation; or 6) the use permitted by the Conditional
Use Permit is being or has been so exercised as to be detrimental to the public health, safety or
welfare or so as to constitute a nuisance, the City Planner shall recommend that the Planning
Commission hold a public hearing and after providing the permittee the opportunity to be
heard, the Planning Commission may revoke and terminate the Conditional Use Permit in whole
or in part, reaffirm the Conditional Use Permit, modify the conditions or impose new
conditions.
This Conditional Use Permit is granted without an expiration date. This permit may be revoked
at any time after a public hearing, if it is found that the use has a substantial detrimental effect
on surrounding land uses and the public's health and welfare, or the conditions imposed herein
have not been met.
No outdoor storage of materials, including but not limited to barley, hops and spent grain,
shall occur on-site. If at a future date outdoor storage is desired, a Consistency Determination
application shall be submitted and approved by the City Planner.
Spent grain and other by-products of the brewing process shall be removed from the site and
properly disposed of in a timely manner so as not to cause unpleasant odors off-site.
All alcohol consumed on-site shall be limited to the 650 square foot tasting room area as
shown on the approved exhibits. No alcohol consumption is permitted outdoors at any time.
PC RESO NO. 7100 -4-
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No live music or other entertainment, as defined in Carlsbad Municipal Code (CMC) Section
8.09.020, is permitted unless an entertainment 'license is approved subject to the
requirements of CMC Chapter 8.09.
A valid license to operate a brewery and tasting room shall be obtained from the California
Department of Alcoholic Beverage Control and kept current during the life of the brewery.
Prior to occupancy, a Certificate of Occupancy Permit for a change of use shall be issued per
Carlsbad Municipal Code Section 21.60.010.
The permitted hours of operation for the tasting room shall be Wednesdays 4 pm - 8 pm,
Thursdays 4 pm -9 pm, Fridays 4 pm -10 pm, Saturdays 11 am-10 pm, and Sundays 11 am -
10 pm. The tasting room shall be closed on Mondays and Tuesdays.
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This project is approved upon the express condition that building permits or occupancy permit
will not be issued for the development of the subject property, unless the district engineer has
determined that adequate water and sewer facilities are available at the time of permit
issuance and will continue to be available until time of occupancy.
Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but are
not limited to pollution control practices or devices, erosion control to prevent silt runoff during
construction, general housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices or devices to prevent or reduce the
discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the
maximum extent practicable. Developer shall notify prospective owners and tenants of the
above requirements.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
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Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section
13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and
floor area contained in the staff report and shown on the site plan are for planning purposes
only.
Approval of this request shall not excuse compliance with all applicable sections of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building permit or
occupancy permit issuance, except as otherwise specifically provided herein.
The project shall comply with the latest nonresidential disabled access requirements pursuant
to Title 24 of the California Building Code.
Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
PC RESO NO. 7100 -5-
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25. Any signs proposed for this development shall at a minimum be designed in conformance with
the City's Sign Ordinance and shall require review and approval of the City Planner prior to
installation of such signs.
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collecti'Jely referred to for convenience as "fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If you
7 protest them, you must follow the protest procedure set forth in Government Code Section 66020(a),
and file the protest and any other required information with the City Manager for processing in
8 accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will
bar any subsequent legal action to attack, review, set aside, void, or annul their imposition.
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You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the
statute of limitations has previously otherwise expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on May 20, ~015 by the following vote, to wit:
AYES: Commissioners L'Heureux, Montgomery, Segall and Siekmann
NOES: Chairperson Scully and Commissioner Anderson
ABSEN)": Commissioner Black
ABSTAIN:
lA SCULLY, Chairperson
CARLSBAD PLANNING COMMISSION
ATIEST:
QL71w
DON NEU
City Planner
PC RESO NO. 7100 -6-
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The City of Carlsbad Planning Division
A REPORT TO THE PLANNING COMMISSION
ltemNo. G)
P.C. AGENDA OF: May 20,2015
Application complete date: March 23, 2015
Project Planner: Chris Garcia
Project Engineer: Jason Geldert
SUBJECT: CUP 15-01-PALOMAR BREWING COMPANY-Request for a Conditional Use Permit to
allow Palomar Brewing Company to operate a brewery and tasting room in an existing
office/industrial building on property located at 2719 Loker Avenue West, Suite D, in the
P-M Zone and in Local Facilities Management Zone 5. The City Planner has determined
that this project is exempt from the requirements of the California Environmental
Quality Act (CEQA) per Section 15301, "Existing Facilities," of the State CEQA Guidelines
and will not have any adverse significant impact on the environment. A Notice of ·
Exemption shall be filed with the County Clerk upon approval of this project.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 7100 RECOMMENDING
APPROVAL of CUP 15-01, based upon the findings and subject to the conditions contained therein.
II. PROJECT DESCRIPTION AND BACKGROUND
This application is a request for a Conditional Use Permit to allow a brewery and tasting room to operate
in a 3,280 square foot suite (Suite D) within an existing office/industrial building on property located at
2719 Loker Avenue West, in the P-M Zone. Interior tenant improvements are proposed for this project
and there are no proposed improvements to the exterior of the building. The General Plan Land Use
designation for the site is Planned Industrial (PI) and the Zoning designation for the site is Planned
Industrial (P-M). The project site consists of six buildings on individual lots with a common lot mostly
containing parking areas and landscaping. One of the six buildings is further subdivided into four air-
space condominiums with the brewery and tasting room proposed in one of the four air-space units.
The entire project site consists of office and industrial uses, with a retail gun store in an adjacent
building. Please see Attachment 4 for a list of current businesses on-site and their operating hours.
The proposed 3,280 square foot brewery is broken down into 1,847 s.f. of warehouse, 541 s.f. of
manufacturing, 242 s.f. of office and a 650 s.f. retail tasting room. The proposed hours of operation of
the tasting room are as follows: Wednesdays 4 pm - 8 pm, Thursdays 4 pm - 9 pm, Fridays 4 pm -10
pm, Saturdays 1 pm -10 pm, Sundays 1 pm-7 pm and closed Mondays and Tuesdays.
The project is compatible with the surrounding uses in that a brewery is a manufacturing use that is
permitted by right use in the Planned Industrial zone. A brewery with an accessory retail sales and
tasting room area is a conditionally permitted use subject to City Council approval. However, as stated
above, the hours of operation for the retail tasting room are largely outside of the typical business hours
for other industrial and office uses at the site and in the surrounding area. Although a retail gun store
on the site will also be open during these hours, each use has satisfied the required parking on-site and
will be able to operate simultaneously. Additionally, there is no separation requirement between a
retail gun store and a brewery with a tasting room. The project has been conditioned to obtain and
keep a valid license from the California Department of Alcoholic Beverage Control.
CUP 15-01-PALOMAR BREWING COMPANY
May 20, 2015
Page 2
Table A below includes the General Plan designations, zoning and current land uses of the project site
and surrounding properties.
TABLE A-GENERAL PLAN, ZONING AND LAND USE
Location General Plan Designation Zoning Current Land Use
Site Planned Industrial-PI Planned Industrial-PM Office, Manufacturing,
Warehousing, Retail.
North Planned Industrial-PI Planned Industrial-PM Office, Manufacturing,
Warehousing.
South Planned Industrial-PI Planned Industrial-PM Office, Manufacturing,
Warehousing.
East Planned Industrial-PI Planned Industrial-PM Office, Manufacturing,
Warehousing.
Office, Manufacturing,
West Planned Industrial-PI Planned Industrial-PM Warehousing, Retail Shopping
Center.
Ill. ANALYSIS
The proposed project is subject to the following plans, ordinances, standards, and policies:
A. Planned Industrial (PI) General Plan Land Use Designation;
B. Planned Industrial (P-M) Zone (C.M.C. Chapter 21.34);
C. Parking Ordinance (C.M.C. Chapter 21.44);
D. Conditional Use Permit Regulations (C.M.C. Chapter 21.42); and
E. Growth Management Ordinance (C.M.C. Chapter 21.90).
The recommendation for approval of this project was developed by analyzing the project's consistency
with the applicable regulations and policies. The project's compliance with each of the above
regulations is discussed in the sections below.
A. General Plan Compliance {Planned Industrial Land Use Designation)
The site has a General Plan Land Use designation of Planned Industrial (PI) and the project complies with
the General Plan. Carlsbad General Plan Land Use Element, Industrial Implementing Policy C.9, states
the following: "Include provisions in the Planned Industrial (P-M) zone for ancillary commercial/retail,
office, places of worship, recreational, and other service uses. These include, but are not limited to,
commercial/retail services which are accessory to the primary use, conference facilities, churches,
daycare centers, recreational facilities, educational facilities and short-term lodging". The proposed
brewery is a permitted use in the Planned Industrial zone and the tasting room is considered a retail
service that is accessory to a brewery and is allowed by a Conditional Use Permit (CUP) in the Planned
Industrial zone subject to City Council approval.
B. Planned Industrial (P-M) Zone (C.M.C. Chapter 21.34)
The proposed project site is zoned Planned Industrial (P-M) and is therefore subject to the provisions of
Chapter 21.34 of the Zoning Ordinance. Breweries are permitt~d in the P-M Zone. However, breweries
with accessory tasting rooms are subject to the approval of a Conditional Use Permit. Tasting rooms are
limited to 20% of the gross floor area of the building/suite or 2,000 square feet, whichever is less. The \~
CUP 15-01-PALOMAR BREWING COMPANY
May 20,2015
Page 3
proposed brewery and tasting room will occupy an existing 3,280 square foot suite and does not
propose any additions or exterior improvements to the existing building. The proposed tasting room is
650 square feet which is 19.8% of the gross floor area of the suite and therefore complies with the 20%
maximum size requirement. Parking compliance is discussed in section C below.
C. Parking Ordinance (C.M.C. Chapter 21.44}
The parking lot for the project site has 220 parking spaces, or 1 space per 367 square feet of building
space. The primary brewery use is considered a manufacturing use and has a required parking ratio of 1
parking space per 400 square feet of manufacturing space. Furthermore, the accessory tasting room has
the same parking requirement as the primary use (1 parking space per 400 square feet) according to
Note 3 of Table A, Section 21.34.020 of the Carlsbad Municipal Code. The office portion of the proposed
brewery has a required parking ratio of 1 parking space per 250 square feet of office space. The
warehouse portion has a required parking ratio of 1 parking space per 1,000 square feet of warehouse
space. Based upon the aforementioned mentioned parking ratios, the use requires 6 parking spaces.
The remaining suites and buildings are comprised of office, manufacturing, warehousing and retail. All
of the uses together, including the brewery, require a total of 209 spaces. Therefore, there will be a
surplus of 11 parking spaces. Future tenant improvements and/or new uses proposed for vacant suites
on the site will be evaluated for parking compliance prior to issuance of a building permit or business
license.
D. Conditional Use Permit Regulations (C.M.C. Chapter 21.42)
The proposed project is a use which is allowed in the Planned Industrial Zone (P-M) subject to the
approval of a Conditional Use Permit by the City Council. Chapter 21.42 of the Carlsbad Municipal Code
requires that four findings be made in order to approve a conditional use permit. All of these findings
can be made for this project as discussed 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, in that the proposed brewery
and tasting room will add to Carlsbad another popular use that is enjoyed throughout the
county. The use will provide a good balance by utilizing the industrial park space for
manufacturing during typical working hours and will provide a social environment on evenings
and weekends when the industrial park is less utilized. Furthermore, per Industrial
Implementing Policy C.9 of the General Plan Land Use Element, ancillary commercial (tasting
room) is a compatible land use in the Piland use designation and are conditionally permitted
in the implementing P-M zone.
2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the
zone in which 'the proposed use is to be located in that the proposed brewery and tasting room
is compatible with the surrounding office/industrial park uses and the proposed use will
provide adequate parking that is consistent with the city's parking requirements. The existing
site has been designed to accommodate all required parking on-site and provides for
adequate traffic circulation. Furthermore the brewery and tasting room is proposed to be
located within an existing building and only tenant improvements to the interior are required
for the use.
\~
CUP 15-01-PALOMAR BREWING COMPANY
May 20,2015
Page 4
3. That the site for the proposed conditional use is adequate in size and shape to accommodate
the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other
development features prescribed in this code and required by the City Planner, planning
commission or city council, in order to integrate the use with other uses in the neighborhood, in
that the brewery and tasting room will occupy 3,280 square feet of an existing building with
existing onsite landscaping and parking and requires no site alterations or additional
amenities. Furthermore, the project complies with all of the required development standards
of the P-M Zone including that a tasting room is limited to 20% of the gross floor area or 2,000
square feet, whichever is less. The proposed 650 square foot tasting room is 19.8% of the
proposed 3,280 square foot space, which is adequate in size and shape to accommodate the
use as shown on Exhibits "A-B." The brewery and tasting room requires 6 parking spaces.
Including Palomar Brewing Company, the property has an excess of 11 parking spaces for all
existing uses and therefore meets all parking requirements.
4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the project is provided access from Loker Avenue West,
a local street which is currently operating at an acceptable level of service and accessed from
Palomar Airport Road and El Fuerte Street. The 26 average daily trips associated with this
proposed brewery and tasting room can be accommodated by the existing street system.
E. Growth Management Ordinance (C.M.C. Chapter 21.90}
The proposed project is located within Local Facilities Management Zone 5 in the southwest quadrant of
the City. The impacts on public facilities created by the project, and its compliance with the adopted
performance standards, are summarized in Table B below:
TABLE B-GROWTH MANAGEMENT
STANDARD IMPACTS COMPLIANCE?
City Administration N/A N/A
Library N/A N/A
Waste Water Treatment .36 EDU Yes
Parks N/A N/A
Drainage N/A N/A
Circulation 26ADT Yes
Fire Station No. 5 Yes
Open Space N/A N/A
Schools N/A N/A
Sewer Collection System .36 EDU Yes
Water 79.2 GPD Yes
IV. ENVIRONMENTAL REVIEW
The City Planner has determined that this project is exempt from the requirements of the California
Environmental Quality Act (CEQA) per Section 15301, "Existing Facilities," of the State CEQA Guidelines
and will not have any adverse significant impact on the environment. A Notice of Exemption shall be
filed with the County Clerk upon approval of this project.
CUP 15-01-PALOMAR BREWING COMPANY
May 20,2015
Page 5
ATIACHMENTS:
1. Planning Commission Resolution No. 7100
2. Location Map
3. Disclosure Statement
4. Business Hours of Promontory Business Park
5. Reduced Exhibits
6. Exhibits "A"-"B" dated May 20, 2015
0
SITE MAP
SITE'-----+-----\
Om:J
000
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NOT TO SCALE
Palomar Brewing Company
CUP 15-01
Ccicyof
Carlsbad
DISCLOSURE STATEMENT
P-1(A)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
1. APPLICANT (Not the applicant's agent)
2.
P-1(A)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership,
include the names, titles, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
PersonPressly Fairweather corp/Part. __________ _
Title Owner/President Title ---------------------------
Address3885 Nautical Dr. Address -------------------------
OWNER (Not the owner's agent)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the nature of the legal
ownership (i.e., partnership, tenants in co~mon, non-profit, corporation, etc.). If the
ownership includes a corporation or partnership, include the names, titles, addresses of
all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW. If a publicly-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
PersonAngela Fairweather corp/Part #My )(/cYJ") L~ tJ
TitleOwner Title ~~ciJ/~/Jl! aJ ~~
Address937 Prism Dr.
San Marcos, Ca 92078
Page 1 of 2
;(?/9 ~ P Kl!~ ,.t;o/c=
Revised 07/10 \0
(
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 N/ A Non Profit/Trust._N_/_A _______ _
Title ___________ _ Title _____________ _
Address _________ _ Address ___________ _
4. Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve (12)
months?
DYes lvl No If yes, please indicate person(s): ___________ _
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge.
1/!5/;5
Signature of applicant/date
Angela Fairweather Pressly Fairweather
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 \0\
Business Hours of Promontory Business Park ***
2711 Loker Avenue West-Imagination Design Studio
Monday-Friday 9:00AM-5:00PM
2713 Loker Avenue West-Torrey Pines Scientific
Monday-Thursday 8:00AM-5:00PM
Friday 8:00AM -4:30 PM
2715 Loker Avenue West-Verdezyne
Monday-Friday 9:00AM-5:00PM
2717 Loker Avenue West #A-Verdezyne
Monday-Friday 9:00AM-5:00 PM
2717 Loker Avenue West #B-Gunther Guns
Monday-Closed
Tuesday-Sunday 10:00 AM -6:00 PM
2719 Loker Avenue West #A-Carlsbad Custom Cabinets
Monday-Friday 9:00AM-5:00 PM
2719 Loker Avenue West #A-Palomar Brewing Company Proposed Hours:
Monday-Tuesday Closed
Wednesday 4:00PM-8:00PM
Thursday 4:00 PM -9:00 PM
Friday 4:00 PM -10:00 PM
Saturday
Sunday
1:00PM-10:00 PM
1:00 PM-7:00PM
2719 Loker Avenue West #D-Island Batik
2721 Loker Avenue W West-Vacant
Monday-Friday 9:00AM-5:00 PM
*** Business hours listed are approximate and subject to change at any time.
ATTACHMENT 4
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Exisiting Zoning -Planned Industrial (P-M)
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Assessor's Parcel Number-209-081-39-02
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OFFICE
SPACE
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............................... -..~ D c TASTING ROOM WAREHOUSE/STORAGE
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PRESSLY FAIRWEATHER
3885 NAUTICAL DRIVE
CARLSBAD, CA 92008
(760)845-5624
ANGELA FAIRWEATHER
387 PRISM DRIVE
SAN MARCOS, CA 92078
(760)519-5286
MANUFACTURING: 541 SQ. FT.
TASTING ROOM: 650 SQ. FT.
OFFICE SPACE: 242 SQ. FT.
CEILING HEIGHT 27FT
Proposed Seating :
High Tables 4with 16 seats
Barstools -15
2719 LOKER AVENUE WEST SUITED
CARLSBAD, CA 92010
CUP*
15-01
"' .... , . ....
Planning Commission Minutes May 20, 2015 Page4
Commissioner L'Heureux suggested posting a sign with contact information. Mr. Peterson stated that will
be done.
Chairperson Scully asked if there were any other questions of the applicant or of staff. Seeing none,
Chairperson Scully asked if there were any members of the audience who wished to speak on the item.
Seeing none, she opened and Glosed public testimony on Agenda Item 2.
DISCUSSION
Commissioner Segall stated he can support the project and the minor variance.
Commissioner Montgomery commented the architecture is well done, and he can support the project.
Commissioner Black stated he can support the project.
Commissioner L'Heureux can also support the project and the variance.
Commissioner Anderson stated she can support the project.
Chairperson Scully can also support the project.
MOTION
ACTION: Motion by Commissioner Anderson and duly seconded by Commissioner L'Heureux
that the Planning Commission adopt Planning Commission Resolution No. 7101
approving Coastal Development Permit COP 14-05 and Minor Variance AV 15-04
based upon the findings and subject to the conditions contained therein.
VOTE: 6-0
AYES: Chairperson Scully, Commissioner Anderson, Commissioner Black, Commissioner
L'Heureux, Commissioner Montgomery and Commissioner Segall
NOES: None
ABSENT: Commissioner Siekmann
ABSTAIN: None
Chairperson Scully closed the public hearing on Agenda Item 2, asked Mr. Neu to introduce the next item,
and opened the public hearing on Agenda Item 1.
Commissioner Siekmann returned to the dais.
1. CUP 15-01 -PALOMAR BREWING COMPANY-Request for a Conditional Use Permit
to allow Palomar Brewing Company to operate a brewery and tasting room in an existing
office/industrial building on property located at 2719 Loker Avenue West, Suite D, in the P-
M Zone and in Local Facilities Management Zone 5. The City Planner has determined that
this project is exempt from the requirements of the California Environmental Quality Act
(CEQA) per Section 15301 , "Existing Facilities," of the State CEQA Guidelines and will not
have any adverse significant impact on the environment. A Notice of Exemption shall be
filed with the County Clerk upon approval of this project.
Mr. Neu introduced Agenda Item 1 and stated Assistant Planner Chris Garcia would make the staff
presentation.
Commissioner Black recused himself from the dais due to a conflict of interest.
Mr. Garcia gave a brief presentation and stated he would be available to answer any questions.
Chairperson Scully asked if there were any questions of staff.
Planning Commission Minutes May 20, 2015 Page 5
Commissioner Siekmann asked if there is any other place in the City of Carlsbad where a place that serves
alcohol is next to a place that someone can buy a gun and ammunition. Mr. Garcia stated that to his
knowledge, the gun shop is the only place in the city to buy guns. He commented that a Big 5 sporting
goods store will be located in the shopping center across from Stagecoach Park, and that store typically
sells guns and ammunition. There is an existing restaurant in that shopping center that sells alcohol. Mr.
Garcia further commented that there is an ammunition store located on State Street in close proximity to
several bars. Commissioner Siekmann asked if the Police Department has any concerns with this proposed
project. Mr. Garcia stated that he did request a review by someone who typically reviews the ABC licenses
and there are no concerns at this time. Commissioner Siekmann asked if there are any plans to sell tobacco
products in the tasting room. Mr. Garcia stated that it was his understanding that tobacco sales are not
proposed.
Commissioner L'Heureux asked about the type of ABC license the business will need to obtain . Mr. Garcia
explained that the type of license the applicant will apply for is for a small brewery which does permit
consumption onsite as well as offsite sales. Commissioner L'Heureux asked about the hours of operation
for the tasting room . Mr. Garcia stated hours of operation for the tasting room are not proposed to be
restricted through a condition at this time.
Commissioner Siekmann asked about the proposed hours of operation as listed in Attachment No. 4. Mr.
Garcia stated that those are the hours the applicant is expecting the tasting room to be open.
Commissioner Anderson stated her concern about the tasting room being what seems to her to be like a
restaurant which would require more parking. Mr. Garcia stated that the municipal code was amended a
couple of years ago to allow accessory retail uses in the Planned Industrial zone to open up the business
park, and the amendment was brought forward to and approved by both the Commission and the City
Council. Parking is based on the primary use, which for this project is manufacturing, and not as accessory
retail which would be a higher parking rate. The applicant is complying with the parking requirements as
set forth in the municipal code.
Commissioner Segall asked if they would be able to be open on a holiday. Mr. Garcia stated that there are
currently no restrictions on the days of the week to be open. Commissioner Segall inquired about other
similar uses in the city and if there are restrictions for hours in the conditional use permits (CUP) for those
businesses. Mr. Garcia stated not to his knowledge. There are two smaller breweries that do not have
conditions of approval because a CUP was not required . Mr. Garcia added that he did ask the ABC if they
restrict hours of operations, which they said they follow the state mandated hours. Commissioner Segall
asked about food service in the tasting room. Mr. Garcia stated food service is not permitted in the tasting
room. Commissioner Segall commented that some breweries in other cities set up food service right outside
the brewery in the parking lot, and asked staff if that would be allowed with this project. Mr. Garcia stated
he was not sure the applicant was proposing that at this time. The city does have an ordinance about
parking food trucks for a limited amount of time.
Chairperson Scully asked if complimentary food service is allowed . Mr. Garcia stated in his opinion, if free
snacks were available, such as pretzels, it would be very minor and accessory in nature, and therefore
would be acceptable.
Commissioner L'Heureux asked what the difference between a deli, food service, and a restaurant. Mr.
Garcia explained that because of the CUP, staff would perform the ·annual review of the site as well as
handle any complaints that might be received. While Mr. Garcia stated he did not know the exact definition
of a deli or a restaurant, a deli is generally prepackaged foods with the warming of a precooked product.
Commissioner L'Heureux asked what would need to be done if the applicant wished to add food service in
the future. Mr. Garcia stated the applicant would need to apply for another CUP. Commissioner L'Heureux
asked if that would be a permit that is approved administratively. Jane Mobaldi, Assistant City Attorney,
urged the Commission to focus on the application that is before the Commission at this time and not
speculate about what the applicant could do in the future. The applicant is not proposing food service, they
are not asking for any kind of food service, deli or otherwise, so the distinctions are not relevant at this point
in time.
Chairperson Scully asked about the functions of the other businesses in the center. Mr. Garcia stated he
believes there is a mix of office, research and development, a gun retail store, a cabinet shop, and a fabric
Planning Commission Minutes May 20, 2015 Page 6
warehouse. There is mix of businesses that are permitted by right with the exception of the retail shop at
the gun store.
Commissioner Montgomery asked if the accessory use for the tasting room is the only reason this item is
before the Commission. Mr. Garcia stated yes and commented that the brewery is permitted by right.
Chairperson Scully asked if there were any further questions of staff. Seeing none , she asked if the
applicant wished to make a presentation.
Ben Fairweather, 385 Nautical Drive, Carlsbad, stated he would be available to answer any questions.
Chairperson Scully asked if there were any questions of the applicant.
Commissioner L'Heureux stated he is very concerned about the lack of hours of operation as conditions.
He asked if the applicant would be agreeable to a condition that sets the hours of operation. Mr. Fairweather
stated yes, and added that the ABC limits the hours of operation.
Commissioner Montgomery clarified that the hours of operation including the staff report are for the tasting
room only. Mr. Fairweather stated yes.
Commissioner Siekmann asked if there are any plans to expand the license to include tobacco sales. Mr.
Fairweather stated no. Commissioner Siekmann asked for the hours of operation from the ABC. Mr.
Fairweather stated closing at 10 p.m. on the weekends and not opening before 3 p.m. during the week. Mr.
Garcia added that he has talked with a planner from the City of Vista, and Vista restricts the hours of
operation to 3 p.m. to 10 p.m. Monday through Friday, and from 11 a.m. to 10 p.m. Saturday and Sunday,
and they have received very few complaints.
Commissioner Anderson stated she is concerned with the conflict with the other businesses and the amount
of parking. Mr. Fairweather stated that in addition to the 6 spaces they own, there are 11 excess spaces
within the complex. He stated he has talked with the Gunther's, and he is willing to pay for signs to be
made and installed in the 26 spaces the Gunther's own so there is no confusion and he would be amenable
to doing that for the other businesses as well.
Chairperson Scully asked if there were any other questions of the applicant or of staff. Seeing none, asked
if there were any members of the audience who wished to speak on the item .
Chairperson Scully opened the public testimony on Agenda Item 1.
Paul Danninger, association manager for the Promontory Business Park, representing the board of
directors for the business park, stated there are some concerns among the owners with the parking for this
proposed project. Mr. Danninger stated that the Board would like to file a formal complaint that the parking
for the CUP is woefully inadequate and not accurately represented.
Commissioner Segall commented that most of the parking for this project would be during non-working
hours, and asked what the experience is with the current tenants and their hours. Mr. Danninger
commented that the businesses are run by small business owners who more often than not work late hours.
Commissioner Segall asked what parking is like about 6 p.m . and on weekends. Mr. Danninger stated that
during the week at 6 p.m., the parking is definitely thinner. The issue the association has is that they
purchased the buildings with parking rights. Commissioner Segall asked if there is street parking. Mr.
Danninger stated he believes parking is allowed on the street.
Commissioner L'Heureux asked if Mr. Danninger is stating the hours of operation will not cure the parking
issue because this tenant does not have a right to use just any open parking space. Mr. Danninger stated
that was correct. He further stated that many of the other associations he works with have reciprocal
parking agreements which he is in favor of.
Mr. Neu added that as Mr. Garcia previously stated, the municipal code was amended in 2013, and there
currently is a specific line item in the use table for breweries with an accessory use. The amendment to
the code specifically called out not increasing the parking requirement so this proposed use is being parked
using the rate for the primary use of the building. Mr. Neu stated the project does comply with the city
Planning Commission Minutes May 20, 2015 Page 7
standard for parking. There seems to be an issue amongst the association about whether different business
owners have rights to the parking lot. The parking rate that applies to this use does not require a shared
parking agreement with the other uses because it meets what the code requires. In this, it is Mr. Neu 's
impression that the association, if they had legal rights to tell the applicant he cannot use the other spaces
could do so or otherwise prevent it.
Chairperson Scully asked if there were any further questions. Seeing none, she asked if any other members
of the audience wished to speak on the item. Seeing none, Chairperson Scully closed public testimony.
Commissioner Segall asked for clarification regarding the CC&Rs and the 24 unallocated spots. Mr. Garcia
stated that those spaces are for all 6 buildings. Mr. Garcia stated that while he was not sure if he had the
latest version of the CC&Rs, but it appears that there are 24 parking spaces that have not been designated
for any specific business.
Ms. Mobaldi added that CC&Rs are private agreements between the owners and the city does not get
involved or enforce CC&Rs. She added that what Mr. Neu stated is more pertinent which is that the project
meets city standards.
Commissioner Siekmann asked about Mr. Garcia's observations regarding the parking during his recent
site visits. Mr. Garcia stated that he visited the site twice: once on a Tuesday morning at 10:45 which had
roughly 132 vacant parking spaces, and on May 4, 2015 at 4:40 he observed about 157 vacant spaces.
DISCUSSION
Commissioner Segall stated he wants to support the project but has a concern with the parking particularly
if business owners have rights or purchased rights to parking. He would like to have some sort of assurance
that if the project is approved people will not be parking in spaces that are not appropriate. He does not
want to approve the CUP only to find out later there is a horrific parking problem.
Mr. Neu stated that if there is a parking problem, the CUP could be revoked. This is not unique to this type
of use, there are restaurants and commercial centers in the city that are wildly successful. The parking rate
is not infallible by any means. In this case, staff was going from the standpoint of the code and the project
satisfied that. There was not a need to obtain any reciprocal parking agreements, which are very tough to
regulate. If the owners themselves find that the project is not compliant with the CC&Rs or it does not have
the parking, they could have the ability to limit the use. The city's only recourse if the project is approved
and there are problems would be for the Commission to review the project and conditions again.
Commissioner Segall asked if street parking is allowed. Mr. Neu stated that he is not sure. Commissioner
Segall asked if it would be possible to require mutual parking agreements. Mr. Neu stated that that has
been done in the past when it was necessary to meet a certain parking requirement. In this case, the way
the amendment was set up was to allow these accessory limited retail uses without increasing the parking
supply. The Commission's decision is a recommendation to Council.
Commissioner Montgomery stated he can support the project. He believes the applicant has a right to rely
on what the city codes allow and the applicant has a right to spend his funds as he chooses. Commissioner
Montgomery stated he does not like the idea of pulling the rug out from under the applicant when he is
relying completely on requirements in the code. Generally speaking, it appears that the hours of operation
will work out with plenty of parking available. He stated he can support the project and he supports the
applicant.
Commissioner Siekmann stated her concurrence with Commissioner Montgomery. She commented that
the applicant has done everything that he was supposed to do and followed everything he was supposed
to follow. She believes there are enough policies in place to ensure regulations are followed. Commissioner
Siekmann stated she can support the project.
Commissioner L'Heureux commented that he has a problem with no conditions of hours of operation being
included in the approving resolution. He feels that will cause too many problems in the future.
Commissioner L'Heureux thinks including operating hours will only benefit the applicant. He stated he
cannot support the project without the hours of operation being included as a condition.
Planning Commission Minutes May 20, 2015 Page 8
Commissioner Anderson stated she too is reluctant to support the project without restrictions on hours of
operation and without shared parking agreements in place.
Chairperson Scully commented she is in support of the brewery but cannot support the tasting room and
its proximity to the gun store. Chairperson Scully also stated that she feels that the use is not compatible.
Commissioner Segall asked if operating hours can be included as a condition. Mr. Neu stated yes. He can
support the project and he can support a condition for hours. He further added that he hopes the applicant
can work a mutual parking agreement with the other owners. Comm issioner Segall commented that most
of the parking in the evening hours will be available.
Ms. Mobaldi asked Commissioner Segall if he wanted to make a motion for the operating hours to mirror
the hours given by the ABC which is 3 p.m. to 10 p.m. weekdays, and 11 a.m. to 10 p.m. on weekends.
The applicant stated he has no issues with the hours and is agreeable to opening at 4 p.m. on weekdays.
Commissioner Anderson commented that without knowing the neighbors are willing to share the parking
the Commission is assuming there will be shared parking. It is her opinion that without the shared parking
agreement there will not be enough parking.
Chairperson Scully redirected the Commission as the focus is on the hours of operation for the project
because the project meets the parking requirements. Ms. Mobaldi stated that the Commission cannot
mandate or force a shared parking agreement. The Commission is adjusting the operating hours in part to
help ease concerns regarding parking. If there are parking issues in the future, the project can come before
the Commission for review.
A motion was made by Commissioner Siekmann which was duly second by Commissioner Montgomery to
include the allowed hours of operation as Wednesdays 4 pm - 8 pm , Thursdays 4 pm-9 pm, Fridays 4
pm-10 pm , Saturdays 11 am-10 pm, and Sundays 11 am-10 pm. The tasting room shall be closed on
Mondays and Tuesdays.
MOTION
ACTION: Motion by Commissioner Siekmann and duly seconded by Commissioner
Montgomery that the Planning Commission adopt Planning Commission Resolution
No. 7100 recommending approval of CUP 15-01, based upon the findings and
subject to the conditions contained therein including the condition to include
operating hours.
VOTE: 4-2
AYES: Commissioner L'Heureux, Commissioner Montgomery, Commissioner Segall and
Commissioner Siekmann
NOES: Chairperson Scully and Commissioner Anderson
ABSENT: Commissioner Black
ABSTAIN : None
Chairperson Scully closed the public hearing on Agenda Item 1, and thanked staff for their presentations.
COMMISSION COMMENTS
None
CITY PLANNER COMMENTS
None.
CITY ATTORNEY COMMENTS
None.
~l
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 Chamber, 1200 Carlsbad Village
Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, June 30, 2015, to consider approval of a
Conditional Use Permit to allow Palomar Brewing Company to operate a brewery and tasting
room in an existing office/industrial building on property located at 2719 Loker Avenue West, Suite
D, in the P-M Zone and in Local Facilities Management Zone 5 and more particularly described
as :
Unit 1-2 of Module 1 of MS 05-24 which is a portion of Lot 3 of Parcel
Map 19517, in the City of Carlsbad, County of San Diego, State of
California, according to map thereof, filed in the office of the County
Recorder of San Diego County, June 30, 2004
Whereas, on May 20, 2015 the City of Carlsbad Planning Commission voted 4-2 (Chairperson
Scully and Commissioner Anderson voted no ; Commissioner Black absent) to recommend
approval of a Conditional Use Permit to allow Palomar Brewing Company to operate a brewery
and tasting room in an existing office/industrial building on property located at 2719 Loker Avenue
West, SuiteD, in the P-M Zone and in Local Facilities Management Zone 5. The City Planner
has determined that this project is exempt from the requirements of the California Environmental
Quality Act (CEQA) per Section 15301 , "Existing Facilities," of the State CEQA Guidelines and
will not have any adverse significant impact on the environment. A Notice of Exemption shall be
filed with the County Clerk upon approval of this project.
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 June 26, 2015. If you have any questions,
please contact Chris Garcia in the Planning Division at (760) 602-4622 or
chris.garcia@carlsbadca.gov.
If you challenge 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 15-01
CASE NAME: PALOMAR BREWING COMPANY
PUBLISH: June 19, 2015
CITY OF CARLSBAD
CITY COUNCIL
0
D o
SITE c=mo
CJDO
• N
NOT TO SCALE
Palomar Brewing Company
CUP 15-01
TO:
AFFIDAVIT OF MAILING
NOTICE OF PUBLIC HEARING
DATE OF PUBLIC HEARING: I I
SUBJECT:
LOCATION: Iaoo Grfs0q£ (/c (~ Awe .
DATE NOTICES MAILED TO PROPERTY OWNERS:----~~~---
P~r Bv~':J 6. G...J f' (S -of
NUMBER MAILED: --=-tf-_0..:::::...._. __ _
I declare under penalty of perjury under the laws of the State of California that I am
employed by the City of Carlsbad and the foregoing is true and correct.
CITY CLERK'S OFFICE
])~ /UJ r;:/ hvlSUL-tf ,h -/ ?-.;2 j!f/ 5
(Signature) ~ (Date) ' .
SENT TO FOR PUBLICATION VIA E-MAIL TO:~ .Union Tribune . 6-/.5-.;zo/5 .
~ 0 Coast News "'?-; / R--
PUBLICATION DATE: Union Tribune ~~,.. / 'f / 7/!5 --+,---~~,~--------
CoastNews ____ J7_·~,;j~~~-----------
I declare under penalty of perjury under the laws of the State of California that I am
employed by the City of Carlsbad in the City Clerk's Office and the foregoing is true and
correct. / / !5/ ~ ~ ~ ' -:;;,0._
4
7, · Date: !?(~S · ~re?
Attachments: 1) Mailing Labels ~
2) Notice w/ attachments
Ea5Y Peel® Labels
Use Avery® Temj)late 5160®
REALTY ASSOCIATES FUND VIII
C/0 TA ASSOCIATES REALTY
1301 DOVE_5T #860
NEWPORT BEACH CA 92660
----------
GATEWAY COLORADO PROP
C/0 TIA/E PROPERTY TAX
DEPT 207
I
PO BOX 4900
SCOTISDALE AZ 85261
----------
S&S PROP ACQUISITION LLC
501 SPECTRUM CIRCLE
OXNARD CA 93030
LOKER RIDGE LLC
C/0 MICHAEL JOVE
2742 LOKER AVE W
CARLSBAD CA 92010
I I ;
----------------
GUNTHER LLC
2717 LOKER AVE W
CARLSBAD CA 92010
JAABA LLC
2780 LOKER AVE W
CARLSBAD CA 92010
\ __ _
NODAL VENTURES LLC
2719 LOKER AVE W #B
CARLSBAD CA 92010
--------
CJ3 LLC
15843 PAUMA VALLEY DR
PAUMA VALLEY CA 92061
TPS HOLDINGS LLC
2713 LOKER AVE W
CARLSBAD CA 92010
SFT CARLSBAD LLC
C/0 DISCOTI CORP
6519 E BAR Z LN
PARADISE VALLEY AZ 85253
E~iquettes faciles a peler
Utilisez le gabarit AVERv® 5160®
... -FeedPaper-
I Bend along line to • expose Pop-up Edge™ J
I
CARLSBAD OAKS LTD LP ET AL
1000 PIONEER WAY
EL CAJON CA 92020
-------.----
FENTON HG COMPANY
C/0 HG FENTON CO
7577 MISSION VALLEY RD #200
SAN DIEGO CA 92108
FRANZ-ATRIUM II LP
2710 LOKER AVE W #100
CARLSBAD CA 92010
BLUE HAT LLC
6965 EL CAMINO REAL #105
CARLSBAD CA 92009
RHATIGAN THOMAS&KATHLEEN
1074 BEACON BAY RD
CARLSBAD CA 92011
-----------
LOKER REALTY LLC
4 ALDGATE DR W
MANHASSET NY 11030
CBL LLC
6183 PASEO DEL NORTE #280
CARLSBAD CA 92011
PROMONTORY BUSINESS PARK
C/0 PAUL DANNINGER
MAR WEST REAL ESTATE
PO BOX4029
TUSTIN CA 92781
BASILE PETER A REVOCABLE Ll
1520 GLORIETIA BLVD
CORONADO CA 92118
BLUE HAT LLC
6965 EL CAMINO REAL #105
CARLSBAD CA 92009
A
Sensde
rh::irn~ml!llnt
I
Repliez a Ia hachure afin de l
reveler le rebord Pop-upMC l
~ AVERY® 5160® 1
KAISER ELECTRO-OPTICS INC
400 COLLINS RD NE
MS 124-318
CEDAR RAPIDS, lA 52498
PACIFIC STARR ESSEX-CARLSB
C/0 JOHN F PIPIA
STE 100
650 SIERRA MADRE VILLA AV
PASADENA CA 91107
www.avery.com
1-800-GO-AVERY
I
CITY OF VISTA
200 CIVIC CENTER DR
VISTA CA 92084
STATE OF CALIFORNIA
DEPT OF FISH AND WILDLIFE
3883 RUFFIN RD
SAN DIEGO CA 92123
SAN DIEGO LAFCO
STE 200
9335 HAZARD WAY
SAN DIEGO CA 92123
I U.S. FISH & WILDLIFE
STE 250
2177 SALK AV
CARLSBAD CA 92011
CARLSBAD CHAMBER OF COMMERCE
5934 PRIESTLEY DR
CARLSBAD CA 92008
City Clerk
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
Etiquettes fadles a peler
11+:1: .. .,.., 1.,. .. ,. ... ,. .. :+ A\IICDv® 1::1,;:n®
A-Feed Paper -
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expose Pop-up Edge™ ~
--------
SAN MARCOS SCHOOL DISTRICT
STE 250
255 PICO AV
SAN MARCOS CA 92069
LEUCADIA WASTE WATER DISTRICT
TIM JOCHEN
1960 LA COSTA AV
CARLSBAD CA 92009
CITY OF SAN MARCOS
1 CIVIC CENTER DR
SAN MARCOS CA 92069-2949
VALLECITOS WATER DISTRICT
201 VALLECITOS DE ORO
SAN MARCOS CA 92069
REGIONAL WATER QUALITY CONTROL
BOARD
STE 100
2375 NORTHSIDE DR
SAN DIEGO CA 92108-2700
AIR POLLUTION CONTROL DISTRICT
10124 OLD GROVE RD
SAN DIEGO CA 92131
CA COASTAL COMMISSION
ATTN KANAN! BROWN
STE 103
7575 METROPOLITAN DR
SAN DIEGO CA 92108-4402
MICHAEL MCSWEENEY-BIA SD
STE 110
9201 SPECTRUM CENTER BLVD
SAN DIEGO CA 92123-1407
~ • Sensde Repliez a Ia hachure afin de
r<Rveler le rebord Poo-uoMC
I ~ AVERY® 5160® l
ENCINITAS SCHOOL DISTRICT
101 RANCHO SANTA FE RD
ENCINITAS CA 92024
OLIVENHAIN WATER DISTRICT
1966 OLIVENHAIN RD
ENCINITAS CA 92024
CITY OF OCEANSIDE
300 NORTH COAST HWY
OCEANSIDE CA 92054
·---------
I.P.U.A.
SCHOOL OF PUBLIC ADMIN AND URBAN
STUDIES
SAN DIEGO STATE UNIVERSITY
SAN DIEGO CA 92182-4505
SD COUNTY PLANNING
STE 110
5510 OVERLAND AV
SAN DIEGO CA 92123-1239
SANDAG
STE 800
401 B ST
SAN DIEGO CA 92101
AIRPORT LAND USE COMMISSION
SAN DIEGO CO. AIRPORT AUTHORITY
PO BOX 82776
SAN DIEGO CA 92138-2776
www.avery.com
1-800.60-AVERY
I
PROOF OF PUBLICATION
{2010 & 2011 C.C.P.)
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 ?f
eighteen years and not a party to or i~te:ested rn
the above-entitled matter. I am the pnnCipal clerk
of the printer of
The San Diego Union Tribune
Formerly known as the North County Times and
UT North County and which newspaper has been
adjudicated as a newspaper of general circul~tion
by the Superior Court of the County of Sa~ Drego,
State of California, for the City of Oceansrde and
the City of Escondido, Court Decree numbers
171349 & 172171, for the County of San Diego,
that the notice of which the annexed is a printed
copy (set in type not smaller than non~ari.el), has
been published in each regular and entrre rssue of
said newspaper and not in any supplement thereof
on the following dates, to-wit:
June 19th, 2015
This space is for the County Clerk's Filing Stamp
Proof of Publication of
CD NOTICE OF PUBLIC HEARJNG
NOTICE IS HEREBY GIVEN to you, because your in-terest may be affected, that the City Council of the City of Carlsbad will hold a Public hearing at the Coun-
cil Chamber, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, June 30, 2015, to consider approval of a Conditional Use Permit to allow Palomar Brewing Company to operate a brewery and tasting room in an existing office/Industrial building on property located at 2719 Loker Ave-nue West, Suite D, In the P-M Zone and in Local Facilities Man-agement Zone 5 and more particularly described as:
Unit 1-2 of Module 1 of MS 05-24 which Is a PGrtlon of Lot 3 of Parcel Map 19517, In the City of Carlsbad, County of San Diego, State of California, according to map thereof, filed In the office of the County Recorder of San Diego County, June 30, 2004
Whereas, on May 20, 2015 the City of Carlsbad Planning Com-mission voted 4-2 (Chairperson Scully and Commissioner Ander-son voted no; Commissioner Black absent) to recommend ap-proval of a Conditional Use Permit to allow Palomar Brewing Company to operate a brewery and tasting room In an existing office/Industrial building on property located at 2719 Loker Ave-
' nue West, Suite D, In the P-M Zone and in Local Facilities Man-agement Zone 5. The City Planner has determined that this project Is exempt from the requirements of the California Envi-ronmental Quality Act CCEQA) per Section 15301, "Existing Facilities," of the State CEQA Guidelines and will not have any adverse significant impact on the environment. A Notice of Ex-emption shall be filed with the County Clerk UPOn approval of this prolect.
Those persons wishing to speak on this proPOsal are cordially in-·vited to attend the public hearing. Copies of the agenda bill will 'be available on and after June 26, 2015. If you have any ques---------------,--:----;---:--::-::~-:-:::&=-::;::;;~~h.;:;----tions, Please contact Chris Garcia In the Planning Division at I certify (or declare) under penalty of perjury that (760) 602-4622or chrls.garcla@carlsbadca.gov .
If you challenge the Conditional Use Permit in court, you mav th f O·rng .IS true and COrrect be limited to raising Only those issues YOU or someone else e Oreg • .raised at the PUblic hearing described in this notice or In written
Dated at Oceanside, California
On This , f June 2015
Jane Allshouse
The San Diego Union Tribune
Legal Advertising
.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 15-01
·CASE NAME : PALOMAR BREWING COMPANY
1CITY OF CARLSBAD CITY COUNCIL pub: 6119/15
Palomar Brewing Company
CUP 15-01
Location Map
INNOVATION WYPALOMAR AIRPORTRD
LO
KER
A
V
WEST
SITE MAP
PA LOMAR AIR P ORT RDELCAMREAL
L A COSTA AVCARLSBADBLELCAMINOREAL MELR
OSEDRAVIARAPY
RANC HO S A NTAFERDCOLLEGEBLCUP 15-01
Palomar Brewing Company
PALOMAR AIRPORT RD
L O K E R AV WEST
0 200 400100
Feet
CUP 15-01
Palomar Brewing Company
Project Information
•3,280 square foot industrial suite.
•650 square foot tasting room =19.8%of area.
Site Plan
2721
BUILDING C
(CO~CUfl: TILT-UP)
CltOSI PLOOI AJtL\ • II,IN !I P
JntU:Mr .....,_,
2715
BUILDING F
(C.~<.:ttrn. nLt-U'P)
CROll n.c>OI .tJ1EA ... ll 471: S P
JnSLOIIIf ,.....s.:. J1
Floor Plan
I
BARREL STORAGE
COLD STORAGE MANUFACTURING
BREWHOUSE/FERMENTATION
0 F F IcE ~iiiiiiiiiiiiiiiiiiiiiiiiiiiiil I I I c ~~~~~~~----~~------------------~
1----------ll
7 c TASTING ROOM
ENTRY 650 S.F.
c '
l1.__'__,:::::-PROPOSED RESTROOM
EXISTING RESTROOM
WAREHOUSE/ STORAGE
Parking
•Brewery –1:400 sq. ft. | 541/400 = 1.35
•Tasting Room –1:400 sq. ft. | 650/400 = 1.63
•Office –1:250 sq. ft. | 242/250 = .97
•Warehouse –1:1,000 sq. ft. | 1,847/1,000 = 1.85
•Total = 5.8 parking spaces = 6 parking spaces.
•220 total parking spaces / 209 required.
Tasting Room Hours of Operation
•Monday Closed
•Tuesday Closed
•Wednesday 4pm-8pm
•Thursday 4pm-9pm
•Friday 4pm-10pm
•Saturday 11am-10pm
•Sunday 11am-10pm
8
Project Consistency
•General Plan –Planned Industrial;
•Zoning –Planned Industrial;
•Parking Ordinance;
•Conditional Use Permit Regulations;
•Growth Management Ordinance;and
•California Environmental Quality Act (CEQA).
Recommendation
That the City Council ADOPT City Council
Resolution No.2015-170 APPROVING
Conditional Use Permit CUP 15-01,as
recommended for approval by the Planning
Commission.
..
-
2014 Economic Impact
........................
contributed
• • • •
6.5
BILLION
· · ;;t~ econotnY totbeS
from 2013
.,.,_ ... and paid more than SSG Ml' • 10M
in state and federal excise taxes.
!$881111D11Nswt AlllliDI. .a. run Ill SIS llliDIIIIDI.IIIliiEWill . . . . . . . . . . . . .
TH£ CRAFT BEER INDUSTRY CRlUID MORlliWI
4&000
-lOBS
Breweries/Brew pubs –
$299.5 million in 2011
Over $500 million in 2013
2014 Total Sales -$781.5 million –employed 2,279
More than half of these licenses have been issued since 2011
30 breweries and 8 brew pubs with more in planning
in North County employing 850 people
2013 –$272.3 million to local economy
1 Brewery Job = 5.2 supporting jobs
Tourism
Bookkeeping service (see note 1 below)
Brewerie with retail accessory use. Including tasting rooms. up to 20% of the gross floor area
of the building or suite (as applicable) or 2.000 square feet. whichever is less (see Note 3 below)
(applicable only to properties located outside of the coastal zone)
Building designers (see note 1 below)
Building inspection service (see note 1 below)
Burglar alarm systems (see note 1 below)
Business consultants (see note 1 below)
Business offices for professional and labor organizations (see note 1 below)
Campsites (overnight) (subject to Section 21.42.140(B)(40))
Cemeteries
Child day care center (subject to Chapter 21.83) (defined: Section 21.04.086
p CUP ACC
X
X
3
X
X
X
X
X
2
3
2
Primary use is manufacturing-Accessory is tasting
room
Conditions set by planning commission
Harmonious Use to the local businesses