HomeMy WebLinkAbout2017-08-22; City Council; ; Project Name: Village Master Plan Amendment For Distilleries and RestaurantsProject No: AMEND 2017-0005 (DEV2017-0023)#6
CA Review C/3
e CITY COUNC I L
Staff Report
Meeting Date:
To:
From:
Staff Contact:
Subject:
Project Name:
Project No.:
August 22, 2017
Mayor and City Council
Kevin Crawford, City Manager
Teri Delcamp, Principal Planner
teri.delcamp@carlsbadca.gov or 760-602-4611
Approve a resolution reflecting the action of the City Council on July 25,
2017, approving a modification to an applicant-proposed amendment to
the Village Master Plan and Design Manual to allow restaurants as a
provisional use within Land Use District 6 (outside of the Coastal Zone) of
the Village Review Zone.
Village Master Plan Amendment For Distilleries and Restaurants
AMEND 2017-0005 (DEV2017-0023)
Recommended Action
That the City Council adopt a resolution reflecting the 4-0-1 vote on July 25, 2017, to approve
an amendment to the Village Master Plan and Design Manual to allow restaurants as a
provisional use within Land Use District 6 (outside the Coastal Zone) of the Village Review Zone
and not to allow distillery uses.
Discussion
The applicant, Nicholas Hammond, sought approval of an amendment to the Village Master
Plan and Design Manual to allow distilleries and restaurants as provisional uses within Land Use
District 6 (outside the Coastal Zone) of the Village Review Zone and to add special provisional
use standards for distilleries to the Master Plan.
On June 21, 2017, the Planning Commission held a public hearing and voted 3-2-2 (Black and
Montgomery; Anderson and Goyarts absent) to recommend approval to the City Council. The
City Council considered the amendment at a public hearing on July 25, 2017. A total of 58
speakers addressed the City Council, 30 in favor and 28 opposed. Those in opposition were
concerned about the proposed distillery use's lack of compatibility with, and potential impacts
on, surrounding uses. No opposition was voiced about adding restaurants as a provisional use.
Those in favor felt the uses would enhance the variety and quality of uses and vitality in the
area. A motion to approve the application per the Planning Commission's recommendation
resulted in a tie vote of 2-2-1 (Mayor Hall absent). A motion was then made to modify and
approve the application to only add restaurants as a provisional use within Land Use District 6
(outside the Coastal Zone) of the Village Review Zone and not to allow distillery uses. That
motion passed by a vote of 4-0-1 (Mayor Hall absent). Staff was directed to prepare a
resolution reflecting the approval to be considered on consent at a future meeting -not a
continuation of the public hearing, but only to assure the resolution accurately reflects the City
Council's decision. The resolution is attached, and includes a revised exhibit showing only that
restaurants would be allowed as a provisional use in Land Use District 6.
Page 117
Fiscal Analysis
There are no anticipated fiscal impacts to the city resulting from the proposed Village Master
Plan Amendment.
Next Steps
City Council's action on this item is final.
Environmental Evaluation (CEQA)
Carlsbad Municipal Code Section 19.04.070 A.c.(1) states "minor zone or municipal code
amendments that do not involve physical modifications, lead to physical improvements beyond
those typically exempt, or which refine or clarify existing land use standards" are specific
actions considered not to have a significant effect on the environment.
Exhibit
1. City Council Resolution
Page 118
RESOLUTION NO. 2017-165
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AN AMENDMENT TO THE VILLAGE MASTER PLAN
AND DESIGN MANUAL TO ALLOW RESTAURANTS AS A PROVISIONAL USE
WITHIN LAND USE DISTRICT 6 (OUTSIDE THE COASTAL ZONE) OF THE VILLAGE
REVIEW ZONE FOR PROPERTY GENERALLY LOCATED IN THE CITY'S
DOWNTOWN AREA AND ZONED "VILLAGE REVIEW" (V-R) IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: VILLAGE MASTER PLAN AMENDMENT FOR
DISTILLERIES AND RESTAURANTS
CASE NO.: AMEND 2017-0005 (DEV2017-0023)
WHEREAS, Nicholas Hammond, "Developer," has filed a verified application with the City of
Carlsbad to amend the Village Master Plan and Design Manual that constitutes a request for a Master
Plan Amendment as provided in Zoning Ordinance Section 21.35.150; and
WHEREAS, the verified application does not affect properties within the Coastal Zone and
therefore does not require a local coastal program amendment; and
WHEREAS, the City Council of the City of Carlsbad, California has determined that pursuant to
the provisions of the Municipal Code, the Planning Commission did, on June 21, 2017, hold a duly
noticed public hearing as prescribed by law to consider a Village Master Plan Amendment No. AMEND
2017-0005, as referenced in Planning Commission Resolution No. 7245; and the Planning Commission
adopted Planning Commission Resolution No. 7245 recommending to the City Council that it be
approved; and
WHEREAS, the City Council of the City of Carlsbad held a duly noticed public hearing on July 25,
2017, to consider said Village Master Plan Amendment; 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 Village
Master Plan Amendment; and
WHEREAS, the City Council of the City of Carlsbad voted 2-2-1 (Councilmembers Packard and C.
Schumacher opposed, Mayor Hall absent) on a motion to approve AMEND 2017-0005 as recommended
by the Planning Commission, said tie vote resulting in a failure of the motion; and
WHEREAS, the City Council of the City of Carlsbad voted 4-0-1 (Mayor Hall absent) on a motion
to approve AMEND 2017-0005 as modified to only add restaurants, but not distilleries, as a provisional
use within Land Use District 6 (outside the Coastal Zone) of the Village Review Zone as shown on Exhibit
"A" dated August 22, 2017, attached hereto, and directed staff to return with a resolution reflecting
the action.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That based on the evidence presented at the public hearing, the City Council approves
AMEND 2017-0005-VILLAGE MASTER PLAN AMENDMENT FOR RESTAURANTS based on the following
findings and subject to the following conditions:
Findings:
1. The City Council finds that the proposed amendment as modified to only add
restaurants as a provisional use in Land Use District 6 of the Village Review Zone is in
conformance with the Elements of the City's General Plan, based on the facts set forth
in the public hearing on July 25, 2017, including, but not limited to the following:
a. Goal 2-G.29: Maintain and enhance the Village as a center for residents and visitors
with commercial, residential, dining, civic, cultural, and entertainment activities.
b. Goal 2-G.30: Develop a distinct identity for the Village by encouraging a variety of
uses and activities, such as a mix of residential, commercial office, restaurants and
specialty retail shops, which traditionally locate in a pedestrian-oriented downtown
area and attract visitors and residents from across the community by creating a
lively, interesting social environment.
The proposed amendment is consistent with the General Plan in that it will allow for
more dining opportunities in the Village which would be within walking distance to
hotels and housing in the Village and Barrio.
2. The proposed amendment satisfies the goals and objectives of the Village Master Plan
and Design Manual, including those listed below. The proposed amendment
implements Master Plan policies by encouraging new commercial uses.
a. Goal 1 -Establish Carlsbad Village as a quality shopping, working, and living
environment.
b. Objective 1.3 -Attract additional tourist-serving uses.
c. Objective 1.9 -Provide a variety of commercial, tourism, and recreation activity,
especially close to the beach, in conjunction with special entertainment facilities,
restaurants and other uses which will foster a village concept and not detrimentally
impact residential usage.
Allowing restaurants as a provisional use in Land Use District 6 will further improve
the Village as a shopping and tourist destination for both residents and visitors.
Restaurants will complement the existing commercial businesses in the area and will
enhance the quality of the residential living environment. By allowing restaurants
as a provisional use, conditions can be placed on the land use permit so they are
compatible with surrounding uses.
3. The proposed amendment is exempt from environmental review in that Carlsbad
Municipal Code Section 19.04.070 A.c.(1) states "minor zone or municipal code
amendments that do not involve physical modifications, lead to physical improvements
beyond those typically exempt, or which refine or clarify existing land use standards"
are specific actions considered not to have a significant effect on the environment.
The proposed revision to the Master Plan is similar to a minor Zoning Ordinance
amendment and, therefore, is exempt from environmental analysis. The proposed
change would lead to development typically found exempt from environmental review.
Restaurants would typically be exempt from environmental analysis because in most
cases, they locate within an existing building that is repurposed where minor
improvements to the interior and exterior of the building are made. Such projects are
exempt pursuant to CEQA Guidelines Section 15301 "Existing Facilities."
Conditions:
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the city shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on
the property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the city's approval of this Master Plan Amendment.
2. 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 Master Plan
Amendment, (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.
3. This action is final the date this resolution is adopted by the City Council. The Provisions
of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply:
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 22nd day of August, 2017, by the following vote, to wit:
AYES: K. Blackburn, M. Schumacher, C. Schumacher, M. Packard.
NOES: None.
ABSENT: M. Hall
N, Mayor Pro Tern
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