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HomeMy WebLinkAbout2019-01-08; City Council; ; Consider an appeal of the Planning Commission's decision to approve a Minor Review Permit and Coastal Development Permit to allow 2,323 square feet of new additions to anCA Review ~ ~ CITY COUNCIL ~ Staff Report Meeting Date: To: From: Staff Contact: Subject: Project Name: Project No.: January 8, 2019 Mayor and City Council Scott Chadwick, City Manager Paul Dan, Associate Planner paul.dan@carlsbadca.gov or 760-602-4614 Consider an appeal of the Planning Commission's decision to approve a Minor Review Permit and Coastal Development Permit to allow 2,323 square feet of new additions to an existing 573-square-foot commercial building, and allow the operation of a hot glass blowing use located at 3060 Roosevelt Street. Barrio Glassworks RP 2018-0004/CDP 2018-0014 {DEV2018-0023) Recommended Action That the City Council hold a public hearing and adopt a resolution denying the appeal and upholding the Planning Commission's decision to approve RP 2018-0004/CDP 2018-0014. Executive Summary On September 5, 2018, the Planning Commission conducted a public hearing regarding a Minor Review Permit and Coastal Development Permit for applicant Barrio Glassworks. The permits would allow the construction of 2,323 square feet of new additions to an existing 573-square- foot building, demolition of a kiosk less than 100 square feet, and operation of a hot glass blowing use within District 1 of the Village Master Plan and Design Manual. The Planning Commission voted to approve the project 5-0-1 (Chairman Montgomery Absent). An appeal of the Planning Comm ission's decision was submitted on September 14, 2018, by Cameron Wetzler. Discussion Project Background and Description Located at 3060 Roosevelt Street, this 0.56-acre site is currently developed with two detached structures: a 573-square-foot commercial building, and a kiosk that is less than 100 square feet. The northern half of the lot is located with the Village Segment of the Local Coastal Program, thus requiring a Coastal Development Permit. Consequently, the project is reviewed in accordance with the Village Master Plan and Design Manual, not the Village & Barrio Master Plan since it is still under review by the California Coastal Commission. The commercial uses that were in operation at 3060 Roosevelt Street at the time of the Planning Commission hearing were a vape shop (e.g. electronic cigarettes) in the 573-square- January 8, 2019 Item #5 Page 1 of 44 foot building, and a skate shop within the smaller kiosk. Presently, neither use is operating onsite and the buildings are vacant. The proposed project is to allow the construction of 2,323 square feet of new additions to the 573-square-foot building, demolition of the kiosk, and the operation of a hot glass blowing use. The intended business operations of the hot glass blowing shop, or Barrio Glassworks, is to create and sell ornate glass pieces within the community and occasionally teach courses to patrons. The size of the shop and on site equipment will not pose a significant impact on the community when operating. Planning Commission Hearing The Planning Commission considered the Barrio Glassworks project on September 5, 2018. After staff's presentation but prior to public comment, the Commission asked the Assistant City Attorney Ron Kemp a clarifying question as to the Commission's standard of review for evaluating the project. Mr. Kemp responded that the Commission can only base the decision on whether the proposed project meets the standards of the Village Master Plan and Design Manual and that the Commission does not have the purview to make a decision based on civil issues between the property owner and the tenants. Of the 33 speakers during public comment, three people spoke in support, and 29 spoke in opposition to the project. The issues raised by the speakers in opposition to the project were overwhelmingly based on preserving the kiosk and allowing the skate shop to remain in operation. Again, approval of the project would demo the kiosk and ultimately remove the vape and skate shop from the site. Concerns were also raised regarding the emissions a glass blowing operation would produce. Staff addressed these concerns by stating this type of use is exempt per San Diego's Air Pollution Control District (APCD) Rules & Regulations 11 subsection (d) which lists equipment, operations, or processes not requiring a permit to operate. Ultimately, the Planning Commission voted to approve the project 5-0-1 with Vice Chairperson Anderson, and Commissioners Geidner, Luna, Meenes, and Segal voting yes, and Chairperson Montgomery absent. An appeal of the Planning Commission's decision was submitted on September 14, 2018, by Cameron Wetzler. Standard of Review for Appeals Carlsbad Municipal Code (CMC) Section 21.54.150 outlines procedures for appeals of Planning Commission decisions, and states Grounds for appeal shall be limited to the following: that there was an error or abuse of discretion on the part of the planning commission in that the decision was not supported by the facts presented to the planning commission prior to the decision being appealed; or that there was not a fair and impartial hearing. Section 21.54.150 goes on to state that the City Council's consideration is "de novo" (or "like new") but limits the consideration to "only the evidence presented to the Planning Commission for consideration in the determination or decision being appealed." Thus, no new information may be considered by the City Council that was not presented to the Planning Commission. The City Council may uphold, modify or overturn the Planning Commission's decision. January 8, 2019 Item #5 Page 2 of 44 Project Appeal and Response The appellant is basing their appeal on two reasons. The first reason states "public safety was overlooked and not properly investigated" at the time of approval because "there is no mention of an exhaust or the many harmful chemicals that will be release into the air & water of our direct community, short term/long term effects." The project was reviewed by Building and Safety and Fire Prevention and complies with the applicable codes and regulations. The applicant proposes to use an electric kiln that will not have an exhaust. In addition, as disclosed to the Planning Commission, such an operation is exempt per San Diego APCD Rules and Regulations. The project brought before the Commission is the proposed development and operation within the Village and whether it meets the standards of the Village Master Plan and Design Manual. The specifics of the chemicals used when in operation will be reexamined by Building and Safety and Fire Prevention when construction permits are submitted -if the appeal is denied. The Building and Safety and Fire Prevention Divisions regulate and mandate best practices of certain uses that exceed their code's thresholds of hazardous material and/or waste. The second reason for the appeal is that the project would not be "enhancing the vitality of the Village, but taking it away with the demolition of Elm Street Boardshop, its uplifting art and community involvement." The project will enhance the vitality of the Village by updating an older commercial building with a modern yet eclectic design that would be unique to the area, as well as improving the site's hardscape and landscape. The investment in the property aesthetically enhances the lot, and also provides a unique service to local residents that will draw customers from throughout the city. Staff recommended approval of the project and concurs with Planning Commission's decision on September 5, 2018 to approve the required permits. The project, Barrio Glassworks, meets the development standards of the Village Master Plan and Design Manual and will not produce any significant impacts to the public's health, safety and/or welfare. Therefore, staff recommends that the City Council uphold the Planning Commission's decision and deny the appeal. Fiscal Analysis If approved, all required improvements to serve this project will be funded and/or constructed by the developer. Next Steps City Council's action on this item is final. Environmental Evaluation (CEQA) The project qualifies as a CEQA Guidelines Section 15303 (New Construction of Small Structures) of the State CEQA Guidelines Class 3 Categorical Exemption. The 2,323-square-foot addition to the exiting 573-square-foot building is below the screening threshold of 900 MTCO2e, and is therefore not subject to the Climate Action Plan. January 8, 2019 Item #5 Page 3 of 44 Public Notification Information regarding public notification 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. Exh ibits 1. City Council Resolution 2. Location Map 3. Planning Commission Resolution No. 7309 4. Planning Commission Staff Report dated September 5, 2018 5. Planning Commission minutes dated September 5, 2018 6. Appeal Letter dated September 14, 2018 7. Letters from project applicant January 8, 2019 Item #5 Page 4 of 44 RESOLUTION NO. 2019-002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING THE APPEAL AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO APPROVE A MINOR REVIEW PERMIT AND COASTAL DEVELOPMENT PERMIT TO ALLOW 2,323 SQUARE FEET OF NEW ADDITIONS TO AN EXISTING 573-SQUARE-FOOT COMMERCIAL BUILDING, AND ALLOW THE OPERATION OF A HOT GLASS BLOWING USE LOCATED AT 3060 ROOSEVELT STREET IN LAND USE DISTRICT 1 OF THE VILLAGE MASTER PLAN AND DESIGN MANUAL, THE VILLAGE SEGMENT OF THE LOCAL COASTAL PROGRAM, AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: BARRIO GLASSWORKS CASE NO.: RP 2018-0004/CDP 2018-0014 (DEV 2018-0023) 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 September 5, 2018, hold a duly noticed public hearing as prescribed by law to consider Minor Review Permit RP 2018-0004 and Coastal Development Permit CDP 2018-0014, as referenced in Planning Commission Resolution No. 7309 approving the project; and WHEREAS, the Planning Commission voted 5-0-1 (Anderson, Geidner, Luna, Meenes, and Segal voting yes, and Montgomery absent); and WHEREAS, on September 14, 2018, the appellant Cameron Wetzler timely filed an appeal with the city as provided pursuant to Chapter 21.54 of the Carlsbad Municipal Code; and WHEREAS, the City Council of the City of Carlsbad held a duly noticed public hearing to consider the appeal of the Planning Commission's decision to approve said Minor Review Permit and Coastal Development Permit; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of the persons desiring to be heard, said City Council considered all factors relating to the appeal. 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 the appeal of the Planning Commission's decision is denied, that all matters not specified in the appeal have been supported by substantial evidence with findings and approved by the Planning Commission, and that the findings and conditions contained January 8, 2019 Item #5 Page 5 of 44 in Planning Commission Resolution No. 7309 on file in the City Clerk's office and incorporated herein by reference are the findings and conditions of the City Council. 3. That 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: "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. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 8th day of January, 2019, by the following vote, to wit: AYES: NOES: ABSENT: K. Blackburn, P. Bhat-Patel, C. Schumacher, B. Hamilton None. M. Hall. Cb~mar!~ ~RBARA ENGLESON, City Clerk {SEAL) ,,,,'~SBAd'',,, ,, ,..~ ........ C ,, ~c,iif~ ilJ.../ . _\_',-~ =O: . • ~-;:: =>-: . ' -:~= ;\;;:\ , /~~ -:.,v ··•... . .. /.$;-~ ,., ······· ...... .,,, ' * , ,, ... l,,,: ! l ! : t t '· ... '· January 8, 2019 Item #5 Page 6 of 44 PLANNING COMMISSION RESOLUTION NO. 7309 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MINOR REVIEW PERMIT AND COASTAL DEVELOPMENT PERMIT TO ALLOW 2,323 SQUARE FEET OF NEW ADDITIONS TO AN EXISTING 573-SQUARE-FOOT COMMERCIAL BUILDING. THE EXISTING USE WOULD BE CONVERTED TO A HOT GLASS BLOWING OPERATION LOCATED AT 3060 ROOSEVELT STREET IN LAND USE DISTRICT 1 OF THE VILLAGE MASTER PLAN AND DESIGN MANUAL, THE VILLAGE SEGMENT OF THE LOCAL COSTAL PROGRAM, AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: BARRIO GLASSWORKS CASE NO: RP 2018-0004/CDP 2018-0014 (DEV2018-0023l Exhibit 3 WHEREAS, Mary Devlin, "Applicant," has filed a verified application with the City of Carlsbad regarding property owned by Marguerite Montabano, "Owner," described as Parcel 1 of Parcel Map No. 2420, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, March 8, 1974 as file no. 74-058989 of official records. ("the Property"); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibit(s) "A" -"D" dated September 5, 2018, attached hereto and on file in the Carlsbad Planning Division, RP 2018-0004/CDP 2018-0014 -BARRIO GLASSWORKS, as provided in Chapter 21.201.030 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on September 5, 2018, hold a duly noticed public hearing as prescribed by law to consider said request; 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 Coastal Development Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES of RP 2018-0004/CDP 2018-0014-BARRIO GLASSWORKS, based on the following findings and subject to the following conditions: Findings: Minor Review Permit, RP 2018-0004 1. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the city's General Plan, and the development standards of the Village Review January 8, 2019 Item #5 Page 8 of 44 RP 2018-0004/CDP 2018-0014 (DEV2018-0023) -BARRIO GLASSWORKS September 5, 2018 Pa e 2 Ill. ANALYSIS The proposed project is subject to the following ordinances, standards, and policies: A. Village (V) General Plan Land Use Designation; B. Village Review (VR) Zone (CMC Chapter 21.35), Land Use District 1, Carlsbad Village Center (Village Master Plan and Design Manual); C. Coastal Development Regulations for the Village Segment of the Local Coastal Program (CMC Chapter 21.81 and Village Master Plan and Design Manual); D. Growth Management Ordinance (CMC Chapter 21.90), Local Facilities Management Plan Zone 1. 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 and policies is discussed in the sections below. A. Village (V) General Plan Land Use Designation The General Plan Land Use designation for the property is Village (V). The following Table 2 identifies General Plan goals and policies relevant to the proposed project and describes how the project is in compliance with those goals and policies. TABLE 2 -GENERAL PLAN COMPLIANCE Element Goal/Policy Compliance with Goal/Policy Land Use Goal 2-G.29: Maintain the Village as a center for residents The proposal to construct 2,323 square and visitors with commercial, residential, feet of additions to an existing 573 dining, civic, cultural, and entertainment square foot existing commercial building activities. will enhance the vitality of the Village by providing a unique service to local Goal 2-G.30: residents and draw customers from Develop a distinct identity for the Village by throughout the city, generating revenue encouraging a variety of uses and activities, and jobs, and an entertainment use that such as a mix of residential, commercial is characteristic to the downtown core office, restaurants and specialty retail shops, area. The project will complement the which traditionally locate in a pedestrian-existing uses within the Village by oriented downtown area and attract visitors providing an additional commercial use and residents from across the community by that is distinct from surrounding uses. creating a lively, interesting social This project also reinforces the environment. pedestrian orientation desired for the downtown area by providing a use that is Policy 2-P.70: within close proximity to residences and Seek an increased presence of both mixed uses. The project's proximity to residents and activity in the Village with new existing bus routes and mass transit will development, particularly residential, help to further the goal of providing new including residential as part of a mixed-use economic development near development, as well as commercial, transportation corridors. entertainment and cultural uses that serve both residents and visitors. Overall, the commercial project will contribute to the revitalization of the Village area. January 8, 2019 Item #5 Page 16 of 44 RP 2018-0004/CDP 2018-0014 (DEV2018-0023) -BARRIO GLASSWORKS September 5, 2018 Pa e 3 Mobility Goal 3-G.2: Improve connectivity for residents, visitors The proposed project has been designed and businesses. to meet all of the circulation requirements, which includes vehicular access off Roosevelt Street. The proposed project is located approximately a quarter of a mile from the train/coaster station which provides service throughout the day. Furthermore, the project supports walkability and mobility by locating the project near existing goods and services within the Village. In addition, the project site provides adequate pedestrian connectivity by an existing sidewalk along Roosevelt Street. Public Policy 6-P.6 Safety Enforce the requirements of Titles 18, 20, The proposed building is designed to be and 21 pertaining to drainage and flood in conformance with drainage, flood control when reviewing applications for control and seismic design standards. In building permits and subdivisions. addition, adequate fire access is provided at all points around the building. Policy 6-P.34 Enforce the Uniform Building and Fire codes, To help promote public safety, specific adopted by the city, to provide fire building elements will be added to the protection standards for all existing and structure including lighting, transparent proposed structures. entry doors, addressing, and security- locked entry/exit doors. Policy 6-P.30 Encourage physical planning and community design practices that deter crime and promote safety. B. Village Review (VR) Zone (CMC Chapter 21.35), Land Use District 1, Carlsbad Village Center (Village Master Plan and Design Manual) The subject property is located within Land Use District 1, Carlsbad Village Center, of the Village Master Plan. Hot glass operations are a provisional use permitted in Land Use District 1. The specific development standards for new development within Land Use District 1 and the project's compliance with these standards is shown in Table 3 below. No variances or standards modifications are requested for the project. Therefore, the project complies with the guidelines specific to District 1 and the Coastal Zone. January 8, 2019 Item #5 Page 17 of 44 RP 2018-0004/CDP 2018-0014 (DEV2018-0023) -BARRIO GLASSWORKS September 5, 2018 Pa e4 TABLE 3 -COMPLIANCE WITH VILLAGE MASTER PLAN, LAND USE DISTRICT 1 STANDARD REQUIRED/ ALLOWED PROPOSED Front Yard For non-residential projects, there 9 feet 6 inches Setback shall be no minimum or maximum setback for the first at grade floor. Side Yard No minimum or maximum 40 feet Setback requirement Rear Yard No minimum or maximum 25 feet Setback requirement Building 45 feet 16 feet 2 inches Height Building 100% 12% Coverage Roof Pitch 50% of the total roof structure must At least 50% of the roof structure has a have a 5:12 roof pitch 5:12 roof pitch Open Space 20% (4,878 sq. ft.) 20%of landscape planters and outdoor seating Total-4,878 sq. ft.* Parking One space per 300 square feet of net 14 parking spaces are provided onsite. floor space (2,896/300 = 10 spaces) COMPLY Yes Yes Yes Yes Yes Yes Yes Yes *Project is conditioned to meet the 20% open space requirement prior to approval of building permit. C. Coastal Development Regulations for the Village Segment of the Local Coastal Program (CMC Chapter 21.81 and Village Master Plan and Design Manual) The site for the proposed project is located within the Village Segment of the Coastal Zone. Consistency with the Local Coastal Program is required for this project. The Village Master Plan and Design Manual functions as the Local Coastal Program for the Village area. Therefore, as long as the project is consistent with the Village Master Plan and Design Manual, the project is consistent with the Local Coastal Program. Staff finds the proposed project, as discussed in the prior section, to be consistent with the Village Master Plan and Design Manual and, therefore, the Local Coastal Program. D. Growth Management Ordinance (CMC Chapter 21.90), Local Facilities Management Plan Zone 1 The proposed project is located within Local Facilities Management Zone 1 in the Northwest 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 4 below. TABLE 4-GROWTH MANAGEMENT COMPLIANCE STANDARD IMPACTS COMPLIANCE City Administration N/A Yes Library N/A Yes Waste Water Treatment 0.7 EDUs Yes Parks N/A Yes Drainage Basin A Yes Circulation S0ADT Yes Fire Station 1 Yes Open Space N/A N/A Schools N/A Yes Sewer Collection System 120 GPD Yes Water 290 GPD Yes January 8, 2019 Item #5 Page 18 of 44 RP 2018-0004/CDP 2018-0014 {DEV2018-0023) -BARRIO GLASSWORKS September 5, 2018 Pa e 5 IV. ENVIRONMENTAL REVIEW The project qualifies as a CEQA Guidelines Section 15303 {New Construction of Small Structures of the State CEQA Guidelines Class 3 Categorical Exemption. The project is consistent with the Village Master Plan as well as the General Plan, the project site is within the city limits, and is surrounded by urban uses; there is no evidence that the site has value as habitat for endangered, rare, or threatened species; approval of the project will not result in significant effects relating to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and public services. The project is exempt from further environmental documentation pursuant to Section 15303 of the State CEQA Guidelines. A Notice of Exemption will be filed by the City Planner upon final project approval. ATTACHMENTS: 1. Planning Commission Resolution No. 7309 2. Location Map 3. Disclosure Statement 4. Reduced Exhibits 5. Full Size Exhibits "A" -"D" dated September 5, 2018 January 8, 2019 Item #5 Page 19 of 44 Planning Commission Minutes -Amended September 5, 2018 Page2 Structures of the State CEQA Guidelines and will not have any adverse significant impact on the environment. City Planner Neu introduced Agenda Item 1 and stated Associate Planner Dan would make the staff presentation. Associate Planner Dan made the presentation and stated he would be available to answer any questions. Vice Chair Anderson asked if any members of the Commission have any ex pa rte communications to disclose for this item. DISCLOSURES: Commissioner Segall disclosed that he drove by the site. Commissioner Meenes disclosed that he drove by the site. Commissioner Luna disclosed that she drove by and walked around the site. Commissioner Geidner disclosed that she drove and walked around the site. Commissioner Anderson disclosed that she drove by the site. Vice Chair Anderson asked if there were additional questions of staff. Seeing none, she asked if the applicant would like to make a presentation. Mary Devlin, the applicant, made the presentation and stated she would be available to answer questions. Vice Chair Anderson asked if there were questions for the applicant. Commissioner Geidner asked the applicant several clarifying questions. Will the roof structure and the solar panels be at the same angle so the panels are mounted parallel to the roof? She also asked if there will be exhaust or fumes? Ms. Devlin stated the solar panels will be parallel to the roof. She addressed the question on fumes. She stated that they are not manufacturing. They do have a furnace that is electric. The manufacturer of the equipment has assured her there is no exhaust or combustion. There are safety features included with shut off values if there are temperature variations. Vice Chair Anderson asked if there were additional questions for the applicant. Seeing none, she asked if there were any members of the public who wished to speak on the project and opened public testimony. January 8, 2019 Item #5 Page 27 of 44 Planning Commission Minutes -Amended September 5, 2018 Page3 PUBLIC COMMENT: Elizabeth Birnbaum, a Leucadia resident, stated that she is in support of the project and staff's recommendation to approve the project. She thinks this project will complement and enhance the City of Carlsbad. Sean Dominquez, a resident, stated he is opposed to the project. He stated he helped set up the skateboard shop. He asked Commission to consider if this business is viable and is concerned about the exhaust impacts. He would like to see the small skateboard shop remain at this location. Cameron Wetzler, a resident, stated that he is the owner of the world's smallest skateboard shop, Elm Street Board Shop with murals, which will be torn down if this proposal passes. He had the opportunity to take a vacant building five months ago and turned it into the current shop. He is opposed to the glassblowing shop, because he thinks it emits dangerous chemicals into our atmosphere in a residential and restaurant area. Chelsea Cullinan, a resident, stated she is opposed to the project and supports the skateboard shop. Alex Whittingham, a resident, stated he is opposed to the project and supports the skateboard shop. Jace Mullen, a resident, stated he is opposed to the project and supports the skateboard shop. He stated his concern of a collapse of the business on the current site. Cole Keller, a resident, stated he is opposed to the project and supports the skateboard shop. He stated his concern of health risk of the glass facility. Alex Pickard, an Oceanside resident, stated he is opposed to the project and supports the skateboard shop. Judy Devlin, an Encinitas resident, stated she is in support of the project and supports the skateboard shop. Mary Birnbaum, a Vista resident, stated she is in support of the project and supports the skateboard shop. Maria Hrisanthoponles, a resident, stated she is opposed to the project. She likes having the skateboard shop in the village. She stated that the other two skateboard parks are located at Alga Norte Community Park and on Faraday Avenue and is hard for them to get there. Stephanie Wohlfiel, a resident and a business owner, stated she is opposed to this project. She would like to see a skate park in the village. January 8, 2019 Item #5 Page 28 of 44 Planning Commission Minutes -Amended September 5, 2018 Page4 Vice Chair Anderson stated that this is all the speaker slips that were submitted to the Minutes Clerk, and asked if any person in the audience wished to speak on the project that did not fill out a speaker slip. The following additional speakers spoke who were opposed to the item: Samantha Parker, an Oceanside resident. Jake Genewich, a resident in 8th grade. Cameron Wexler's mother (name not stated). Huckleberry Garcia, a resident and a high school student. Bertha Sterling, a resident. Priscilla Lopez, a Carlsbad resident and business owner. Oscar Aparicio, a resident. Steve (inaudible), a Vista resident. Ian Levy, a resident. Adam Bright, an Oceanside resident. Josh (inaudible), a resident. Jack Packard, a resident. Brock (inaudible), a resident. Brian Rodriguez, a resident and middle school student. Amanda (inaudible), an Oceanside resident. Astrid Denija, a non-resident (City not stated). Marco (inaudible) a resident. Blake Vogel, an Oceanside resident. Joshua (last name not stated), a former resident. Julie Adjour, a resident stated she is opposed to the project and supports the skateboard shop because it does not cause a parking problem. Vice Chair Anderson closed public testimony and asked if the applicant would like to respond. Mary Devlin addressed the parking concern and stated it will not be a problem with her business either. There is plenty of parking there. She stated that the building is not 26 feet it is 16 feet. The building is not two stories. She stated that she thinks this business fits within the Village Barrio Master Plan and has worked with the city planners. She stated that her business does have the resources to keep it around for the next 5 years and has a long-term plan. Vice Chair Anderson asked if staff would like to respond . Assistant City Attorney Kemp stated that he does not see a legal issue to comment on at the moment. He stated that the Commission has an application before them that they need to take an action on. Commissioner Meenes asked the Assistant City Attorney to provide some clarity and some background regarding the city's responsibility and the commission's responsibility in reviewing this application. January 8, 2019 Item #5 Page 29 of 44 Planning Commission Minutes -Amended September 5, 2018 Page 5 Assistant City Attorney Kemp stated that it is not the purview of the commission to weigh the merits of one business versus another. It would be a private decision for the land owner to decide what business he wants there as long as the application before you fits into the master plan which staff is recommending that it does. He stated that the city has an Economic Development Department that does help businesses in the city to find locations and depending on the Commission's decision would be able to assist the skateboard shop on relocating. He stated that the issue of emissions and that the decision the Commission makes has to be based on findings of fact and you need to have evidence that a business proposed would not be a polluting business. Commissioner Geidner stated she had the same question on emissions and what research staff had done. Associate Planner Dan stated he contacted an engineer at the San Diego District Air Quality Control District (AQCD) and explained the proposed project and the square footage of the building and how many glass blowers typically are going to be operating in the structure. The conclusion from the engineer was that it does not exceed any of the thresholds that AQCD currently has. He stated that the engineer guided him to their Title 11 under exemptions and Section D that glassblowing and an electrical furnace is exempt from AQCD permits. He stated that he also reached out to another glassblowing private business that is currently in operation in San Marcos and asked them if they had any permits that were required to be in operation and they said no. Commissioner Segall inquired if staff had any findings on the chemicals or paints used at this glassblowing shop would generate any pollutants. Associate Planner Dan stated that he did not get into the specifics of chemicals or paints. It was more on dealing with the particulate matter and whether it exceeded 2.5 and it did not. Commissioner Segal asked if the Carlsbad Fire Department reviewed this from a safety standpoint. Associate Planner Dan stated that yes, the Carlsbad Fire Department had reviewed this project and did not provide any specific comments. Vice Chair Anderson asked Ms. Devlin if some part of your process involves gas. Is that natural gas that you're burning? When you are reheating the glass? Ms. Devlin stated that when you are reheating the glass it goes into a gloryhole which is gas operated. Commissioner Segall asked if there are any need for exhaust systems. Ms. Devlin stated that the two-major pieces of equipment include the furnace which is electric and the gloryholes which are gas and does not require an exhaust plus the design of the hot shop is such that the windows will all be open. It has a roll up door. There will be ventilation for how January 8, 2019 Item #5 Page 30 of 44 Planning Commission Minutes -Amended September 5, 2018 Page6 hot it gets inside. She stated that she has worked in a number of hot shops and there are no chemicals and no one is wearing masks. PLANNING COMMISSION DISCUSSION: Vice Chair Anderson opened the Commission discussion. Commissioner Geidner stated that it is not the Commissioners job to decide one business over another. She would like to see a creative solution for both businesses to go forward. She stated the reality is the property owner makes the decision between which tenant to rent to. Commissioner Segall concurs with Commissioner Geidner that it is a landowner issue between the people who own the property and what they want to do with that property. He stated that the Commission can only decide if the proposed business meets the standards of Carlsbad. He stated that the research that staff has done does meet that. He would like to see the skateboard shop relocated and it sounds like it has been great for the community. He stated that he supports this project but would also like to see opportunities for young people. He thanked Mr. Wetzler for bringing this community together. Commissioner Anderson thanked Mr. Wetzler for his entrepreneurial business spirit. She stated that the Commission cannot take away property owners rights who are asking to do something else with the property. MOTION: ACTION: Motion by Commissioner Segall and duly seconded by Commissioner Luna to Adopt Planning Commission Resolution No. 7309 APPROVING a Minor Review Permit (RP 2018-0004) and a Coastal Development Permit (CDP 2018-0014) and Errata Sheet dated 9-5-18, based upon the findings and subject to the conditions contained therein. VOTE: 5-0-1 AYES: Vice Chair Anderson, Commissioners Geidner, Luna, Meenes, and Segal NOES: None ABSENT: Chair Montgomery Vice Chair Anderson closed the public hearing on Agenda Item 1. RECESS Vice Chair Anderson called for a 5-minute recess at 7:25 p.m. MEETING CALLED TO ORDER Vice Chair Anderson called the meeting to order at 7:30 p.m. with all Commission present. January 8, 2019 Item #5 Page 31 of 44 Planning Commission Minutes -Amended September 5, 2018 Page? Vice Chair Anderson opened the public hearing on Agenda Item 2. 2. CT 2018-0003 (DEV2018-0010) -MAGNOLIA-BRADY -Request for approval of a Tentative Tract Map for the grading and subdivision of a 2.0-acre property at 1534 Magnolia Avenue into seven single-family lots and one detention basin lot within Local Facilities Management Zone 1. The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15332 "In-Fill Development Projects" of the State CEQA Guidelines and will not have any adverse significant impact on the environment. City Planner Neu introduced Agenda Item 2 and stated that Associate Planner Harker would make the staff presentation. Associate Planner Harker gave a brief presentation and stated she would be available for any questions. Vice Chair Anderson asked if any members of the Commission have any ex pa rte communications to disclose for this item. DISCLOSURES: Commissioner Segall stated that he drove by the site. Commissioner Meenes stated that he drove by the site. Commissioner Luna stated that she drove by the site. Commissioner Geidner stated that she drove by the site. Commissioner Anderson stated that she drove by the site. Commissioner Meenes asked about the fencing if it would be constructed prior to the construction of the dwellings on the lot. Associate Planner Harker stated that according to the applicant it would be constructed as part of the landscaping that is installed and concurrently with the development of the homes. Vice Chair Anderson asked if there were additional questions of staff. Seeing none, she asked if the applicant would like to make a presentation. Bob Ladwig, Ladwig Design Group, made the presentation and stated he would be available to answer questions. Vice Chair Anderson asked if there were questions for the applicant. Seeing none, she asked if there were any members of the public who wished to speak on the project. She opened public testimony. January 8, 2019 Item #5 Page 32 of 44 Planning Commission Minutes -Amended September 5, 2018 Page 8 Chris Swindull, a resident stated he is in support of the project but had some concerns and hoped to work with the applicant. He stated he was concerned about the dust from the construction, gopher infestation, and nails from the construction and getting flat tires. Vice Chair Anderson asked if the applicant would like to address the questions addressed by the public. Bob Ladwig stated he would like to know about any issues and gave his business card to the public speaker. Commissioner Segall asked about the gophers and how to mitigate them. Bob Ladwig stated that there are a lot of gophers on the property and he would ask his landscaper about this issue. Commissioner Meenes asked what the applicant's plans are for the construction of the homes. Bob Ladwig stated he did not want to spend a lot of time on the design before the approval. He has done some preliminary work on the architecture. Vice Chair Anderson asked staff to address the issues the speaker brought up on dust, gophers, and nails. Associate Planner Harker stated that there are construction measures in place that a developer needs to use water to control the dust during construction. She stated she is not a gopher relocation expert. Vice Chair Anderson asked if there were any additional questions for the applicant or staff. Seeing none she closed Commission discussion. She asked if there were any Commission comments. PLANNING COMMISSION COMMENTS: Commissioner Segall stated that he supports the project. MOTION: ACTION: Motion by Commissioner Segall and duly seconded by Commissioner Meenes to Adopt Planning Commission Resolution No. 7308 APPROVING Tentative Tract Map (CT 2018-0003) with Errata Sheet dated 9-5-18, based upon the findings and subject to the conditions contained therein. VOTE: 5-0-1 AYES: Vice Chair Anderson, Commissioners Geidner, Luna, Meenes, and Segall NOES: None ABSENT: Chair Montgomery Vice Chair Anderson closed the public hearing on Agenda Item 2. January 8, 2019 Item #5 Page 33 of 44 Planning Commission Minutes -Amended September 5, 2018 Page 9 CITY PLANNER COMMENTS: City Planner Neu reminded the Commission of the Boards & Commission appreciation event held on September 6, 2018. He also reminded the Commission that there will not be a Planning Commission meeting held on September 19, 2018 and the next meeting will be held on October 3, 2018. He stated the Planning Commission workshop will be held on October 5, 2018. CITY ATTORNEY COMMENTS: None. ADJOURNMENT: The Regular Meeting of the Planning Commission of September 5, 2018, was adjourned at 7:50 p.m. 'LLrt City Planner Michele Hardy-Minutes Clerk January 8, 2019 Item #5 Page 34 of 44 My name is Michael Hernandez. I am currently a Professor and Head of the Glass Program at Palomar College. Over the past 15 years, I have designed, built, and maintained glass facilities for public institutions and private enterprises, including the Glass Program at Ball State University (IN) and the Museum of Glass in Tacoma, WA. I have a great deal of experience of glass facility processes, equipment, materials, safety systems, etc. Over the past 18 months, I have been a consultant on the glass studio design of Barrio Glassworks. I would like to address some of the public safety issues that have been brought to your attention. As you can imagine, in glass studios, whether for private business or public institutions safety is always the first priority when designing and maintaining a facility. A concern was stated from the community on some toxic compounds of glass composition. Glass is comprised of a range of heavy metals and other potentially harmful compounds. However, all of these compounds are added to the glass prior to the initial melting stage and have no reasonable means for leaching, burning/gassing out, or otherwise becoming airborne outside of the factory where these glasses are manufactured. Because Barrio Glassworks will only be using pre-melted glass, this is simply not a concern. A recent environmental issue in operation at Bullseye, a manufacturer of glass located in Portland, OR, was mentioned by a community member in opposition to Barrio Glassworks as a factor of public safety. This was based on inadequate scrubbing/exhaust equipment from manufacturing glass from raw materials. This issue was corrected and their product, much like the glasses that Barrio Glassworks will use, and, as previously described, has no reasonable means to become harmful to the environment or Carlsbad community. As per manufacturer equipment specs, no air purification or filtration systems are needed. However, specs do call for fresh air to circulate through the work space 3-4 times per hour. A mechanical engineer will design the specific extraction/exhaust system to accomplish this. These minimums specs will be exceeded by use of the extraction system (exhaust fan), ceiling and roof exhaust vents, large number of windows and cross ventilation. Nothing discharged into the air is harmful, therefore there is no concern to the neighbors, community, environment. Electric furnace and annealing ovens use electric heating elements, and therefore, are non-combustive and do not require hood or exhaust system, only circulating fresh air 3-4 times per hour. Glass furnaces (glory holes) use same natural gas as local restaurants, and your own home and the service is regulated by SDG&E. It is the same as your gas ovens, only hotter. Again, no air purification or filtration system required for these January 8, 2019 Item #5 Page 37 of 44 as they are simply combusting in an insulated heating chamber. Safe work environment standards require only fresh air to circulate through work space 3-4 times per hour. Heated air arising from heating Spectrum System 96 glass in ovens is non-toxic and not harmful to the environment. Safety systems will be on furnace equipment and gas lines with auto shut-off features to protect users and the building. These are all installed by equipment manufacturers and/or licensed plumbers in regulation with fire and building codes. With a focus on ethical and conscientious studio practices, Barrio Glassworks will have a water extraction system installed. This is a sand filtration system that collects particles to prevent solids from entering the city sewer line. Any solids removed through this system are non-toxic, non-harmful, and can be put into the public refuse system, or isolated for recycling or other disposal. January 8, 2019 Item #5 Page 38 of 44 My family and I are the property owners of 3060 Roosevelt Street in Carlsbad Village since the early 1960s I would like to give you a little background on my family. We are a family of artists. My sister and I have grown up surrounded by art, discussions of art, trips to museums all around the country, and more. All of this has influenced our lives. My father made his living as a commercial artist and in his personal time was a sculptor, my mother a fine artist, I worked as a graphic artist and in recent years got involved in woodturning, which is the art of making bowls, platters, enclosed forms, and other wooden objects. Members of our extended family are also deeply involved in the art field. Needless to say, we all have a true appreciation for various art forms. When Mary and her husband approached us with a proposal to set up a glass blowing studio on the property, it is an understatement to say that we were very excited. Glass blowing is not a familiar process to most people even though it has existed for about two thousand years. Glass blowing artists create absolutely stunning objects and the process is fascinating to watch. My family and I felt that this was a perfect "fit" for the Village. It would bring an exciting new form of art to the heart of the Village. This business is not going to be a behind the scenes process with the public only seeing the final product. It will be an environment that will attract the public to watch how-it's-done. Mary and Gary will have a viewing area in their working studio so people will be able to safely watch the process while it is taking place. They are enthusiastic about what they do and are interested in educating curious people and answering questions. They are also planning on inviting local glass artists as well as artists from other parts of the country to participate in events at their shop. There will also be a glass gallery where items will be for sale. The gallery will contain their own glass pieces as well as works of local Carlsbad and North County artists. In North County there are only two glass blowing locations that I am aware of, one is at Palomar College and another a private studio in San Marcos. This new location will be the third. My family and I believe that bringing this exciting art form to the Village will enrich the neighborhood. Marguerite Montalbano January 8, 2019 Item #5 Page 39 of 44 AFFIDAVIT OF MAILING NOTICE OF PUBLIC HEARING TO: CITY CLERK DATE OF PUBLIC HEARING: _ _____._,-=--l__;;'ifc........,_J_, __,C, ________ _ SUBJECT: ~ (\ 7(k £\-<)LA jr)/<JiS LocAT1ON: /2co ~,Q l), ilc'-f12-, ,0,JA_. DATE NoT1cEs MAILED To PROPERTY owNERs: 12/ axb x:: NUMBER MAILED: / 3 7 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 ~/!rrk1tl:.,__, (Signature) • (Date) SENT TO FOR PUBLICATION VIA E-MAIL TO: 0 Union Tribune [)(coast News PUBLICATION DATE: Union Tribune -------------- CoastNews_~/~J_/____._d:~8--./~f_'i? ______ _ 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. Date: /;;J/J.u/t? (Signature) Attachments: 1) Mailing Labels 2) Notice w/ attachments 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, January 8, 2019 to consider an appeal of the Planning Commission's decision to approve a Minor Review Permit and Coastal Development Permit to allow 2,323 square feet of new additions to an existing 573-square-foot commercial building, and allow the operation of a hot glass blowing use located at 3060 Roosevelt Street and more particularly described as: The Southwesterly 90.00 feet of the Northeasterly 140.00 feet of Lot 1 of Industrial Tract, in the City of Carlsbad, County of San Diego, States of California, according to Map thereof No. 1743, filed in the office of the County Recorder of San Diego County, January 3, 1923, and the Northeasterly 50.00 feet of Lot, Industrial Tract, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1743, filed in the office of the County Recorder of San Diego County, January 3, 1923 Whereas, on September 5, 2018 the City of Carlsbad Planning Commission voted 5-0-1 to Approve of a Minor Review Permit and Coastal Development Permit to allow 2,323 square feet of new additions to an existing 573-square-foot commercial building. This project is not located within the appealable area of the California Coastal Commission. The existing use would be converted to a hot glass blowing operation located at 3060 Roosevelt Street in Land Use District 1 of the Carlsbad Village Master Plan, the Village Segment of the Local Coastal Program, and within Local Facilities Management Zone 1. The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15303 New Construction of Small Structures of the State CEQA Guidelines and will not have any adverse significant impact on the environment. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after Thursday, January 3, 2019. If you have any questions, please contact Paul Dan in the Planning Division at (760) 602-4614 or paul.dan@carlsbadca.gov. If you challenge the Minor Review Permit and Coastal Development 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. 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L 8Z!S 1aqe1 -31 PRINTED - label size 1" x 2 5/8" compatible with Avery ®5160/8160 ..... Barrio Glassworks Paul Dan, Associate Planner January 8, 2019 RP 2018-0004/CDP 2018-0014 (DEV2018-0023) Location Map Existing Existing Proposed Elevations Proposed Site Plan r r I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I bl ~y~"I I I I I I I I I I I I I I I I ~ --- - --Q )-, --------L ______ _ ------ (E! PARKING LOT LEASED TO NEIGHBOR <BANK OF AMERICA! <E! CONCRETE FLAT~ I ,------I r--------~ • L ____________ !3}1?~'.?~ lJJ_ -_, ~-- L <E!CURB ·I I I ® I I w I I ;, I ,.',-~~ <E! SHUT OFF ,,v I~::! VALVE TO BE ""' REMOVED -u\ ® I Q!z I Project Analysis •Village (V) General Plan Land Use Designation; •Village Review (VR) Zone (CMC Chapter 21.35), Land Use District 1, Carlsbad Village Center; •Coastal Development Regulations for the Village Segment of the Local Coastal Program; •Growth Management (CMC Chapter 21.90). Appeal •Planning Commission, September 5, 2018; •Approved 5-0-1; and •Appealed September 14, 2018. Recommendation That the City Council adopt a resolution denying the appeal and uphold the Planning Commission’s decision to approve RP 2018-0004/CDP 2018-0014.