HomeMy WebLinkAbout2018-02-07; Planning Commission; ; AMEND 2017-0023 (DEV15001) – CULVER BEER CO
The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION
Item No.
Application complete date: December 21, 2017
P.C. AGENDA OF: February 7, 2018 Project Planner: Chris Garcia
Project Engineer: Jason Geldert
SUBJECT: AMEND 2017-0023 (DEV15001) – CULVER BEER CO – Request for approval of an
amendment to Conditional Use Permit CUP 15-01 to modify the hours of operation for
the brewery tasting room on property located at 2719 Loker Avenue West, Suite D, in
Local Facilities Management Zone 5. The City Planner has determined that the project
belongs to a class of projects that the State Secretary of Resources has found do not have
a significant impact on the environment, and is therefore categorically exempt from the
requirement for the preparation of environmental documents pursuant to Section 15301
(Existing Facilities) of the State CEQA guidelines.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 7288 APPROVING Conditional
Use Permit Amendment AMEND 2017-0023 based on the findings and subject to the conditions contained
therein.
II. PROJECT DESCRIPTION AND BACKGROUND
The application is a request for an amendment to an existing Conditional Use Permit (CUP 15-01) for a
brewery tasting room that was recommended for approved by the Planning Commission on May 20, 2015,
and approved by the City Council on June 30, 2015. Original condition number 18 of Planning Commission
Resolution No. 7100 identifies the approved hours of operation for the tasting room. The current permit
restricts the hours to the following: Monday/Tuesday: Closed, Wednesday: 4 pm – 8 pm, Thursday: 4
pm – 9 pm, Friday: 4 pm – 10 pm, Saturday: 11 am – 10 pm, Sunday: 11 am – 10 pm. The applicant is
requesting to modify original condition number 18 (now condition 14) to allow the brewery tasting room
to operate between 11 am and 10 pm daily. In addition, original condition number 14 (now condition
number 11) is proposed to be modified to clarify that alcohol consumption is not permitted outdoors
except when approved by a special event permit issued by the city.
The brewery and tasting room operates 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 Planned Industrial (P-M)
Zone. 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 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.
The 3,280 square foot brewery is broken down into 1,847 square feet (s.f.) of warehouse, 541 s.f. of
manufacturing, a 650 s.f. retail tasting room and a small 242 s.f. deli area. A deli is a permitted land use
within the P-M Zone. The 650 s.f. tasting room is 19.8 percent of the gross floor area of the suite and
therefore complies with the 20 percent maximum size requirement.
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AMEND 2017-0023 (DEV15001) – CULVER BEER CO
February 7, 2018
Page 2
III. ANALYSIS
The approved brewery and tasting room continues to be in compliance with all applicable city codes,
policies and plans including the General Plan, Zoning, Parking Ordinance, Conditional Use Permit
Regulations and the Growth Management Ordinance as discussed in the attached Planning Commission
staff report dated May 20, 2015.
There have been no issues raised in any of the annual reviews for Culver Beer Co. since it opened in 2016.
An adjacent building owner expressed concerns about parking. However, the brewery and tasting room
is not physically expanding and complies with all city parking requirements. Street parking is also available
on Loker Avenue West. Furthermore, the Carlsbad Police Department has reviewed the request and does
not object to the proposed expansion to the hours of operation. The project is conditioned to obtain and
keep a valid license from the California Department of Alcoholic Beverage Control.
A few other brewery tasting rooms have been permitted in the city with specific hours of operation. Some
tasting rooms have been permitted prior to the requirement for a Conditional Use Permit and therefore
do not have hours of operation associated with them. Attachment number 4 outlines the current
permitted hours of operation for other brewery tasting rooms located within the city’s industrial zones.
Carlsbad Municipal Code (CMC) Section 21.54.125 give the Planning Commission authority to amend a
Conditional Use Permit that was originally approved by the City Council. Since the tasting room meets all
applicable policies, staff recommends that the Planning Commission approve the proposed modifications
to the hours of operation and the clarification regarding consumption of alcohol outside with a special
event permit.
IV. ENVIRONMENTAL REVIEW
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
CEQA Section 15301 (Existing Facilities) of the State CEQA guidelines. A Notice of Exemption will be filed
upon project approval.
ATTACHMENTS:
1. Planning Commission Resolution No. 7288
2. Location Map
3. Disclosure Statement
4. Permitted Hours of Carlsbad Brewery Tasting Rooms
5. Promontory Business Park Owners Association letter dated January 2, 2017
6. Planning Commission Staff Report dated May 20, 2015 (without attachments)
7. Planning Commission Resolution No. 7100
8. Reduced Exhibits
9. Full Size Exhibits “A” – “B” dated February 7, 2018
INNOVATION
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CUP 15-01
Palomar Brewing Company
ATTACHMENT 2
*** Business hours listed are approximate and subject to change at any time.
Business Hours of Promontory Business Park ***
2711 Loker Avenue West – Imagination Design Studio
Monday – Friday 9:00 AM – 5:00 PM
2713 Loker Avenue West – Torrey Pines Scientific
Monday – Thursday 8:00 AM – 5:00 PM
Friday 8:00 AM – 4:30 PM
2715 Loker Avenue West – Verdezyne
Monday – Friday 9:00 AM – 5:00 PM
2717 Loker Avenue West #A – Verdezyne
Monday – Friday 9:00 AM – 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 9:00 AM – 5:00 PM
2719 Loker Avenue West #A – Palomar Brewing Company Proposed Hours:
Monday – Tuesday Closed
Wednesday 4:00 PM – 8:00 PM
Thursday 4:00 PM – 9:00 PM
Friday 4:00 PM – 10:00 PM
Saturday 1:00 PM – 10:00 PM
Sunday 1:00 PM – 7:00 PM
2719 Loker Avenue West #D – Island Batik Monday – Friday 9:00 AM – 5:00 PM
2721 Loker Avenue W West – Vacant
ATTACHMENT 4
6 Orchard, Suite 200 509 N. Coast Highway
Lake Forest, California 92630 Oceanside, California 92054
t 949.379.6888 f 949.916.3805 t 760.529.5211 f 760.453.2194
3111 Camino Del Rio N., Suite 400
San Diego, California 92108
t 619.327.9026 f 760.453.2194
Mark T. Guithues, Esq.
Edward W. Burns, Esq.
Michael J. Alti, Esq.
Marc W. Thomas, Esq.
www.attorneyforhoa.com Please Respond To: Oceanside Office
January 2, 2017
Chris Garcia, Associate Planner chris.garcia@carlsbadca.gov
City of Carlsbad Planning Division
1635 Faraday Avenue
Carlsbad, CA 92008
Re: Objections to Proposed Conditional Use Permit Amendment (2017-0023)
Location: Tasting Room at 2719 Loker Avenue West, Suite D (the “Property”)
Our File No. 4370
Dear Mr. Garcia:
We represent the Promontory Business Park Owners Association (“Association”). The
Association provides certain management and maintenance services at the 6 building industrial
project known as Promontory Business Park (“Business Park”) located at 2711-2721 Loker
Avenue West just East of Palomar Airport. The Association’s Board of Directors (“Board”) has
received the “Early Public Notice” regarding the development application for Conditional Use
Permit Amendment 2017-0023 to expand the permitted brewery tasting room hours at the
Property (the “Project”).
On the Association’s behalf, we hereby object to the proposed Project because there is insufficient
parking in the Business Park to accommodate it. The expanded daytime hours and nature of the
use would render the tasting room more like a restaurant, and the City should treat it as such in
terms of required parking. The tasting room already impacts parking in the Business Park, and
the expanded hours would further impact the parking resources in the Business Park and
significantly disrupt other owners and users. Because of this disruption, and the lack of adequate
off-street parking, the Project would violate both the City’s Municipal Code and General Plan. For
these reasons, the City should not allow the proposed Project.
Nature of Project. The Property is one of 4 units in the Building located at 2719 Loker Avenue
West (“Building 2719”). Building 2719 is one of the 6 industrial buildings in the Business Park.
The Property currently contains a 3,280 square foot brewery which is broken down into a 1,847
square foot warehouse, 541 square feet of manufacturing, 242 square of office space, and a 650
square foot retail tasting room. Pursuant to the previously approved CUP 15-01, the permitted
hours of operation for the tasting room are Wednesdays from 4pm to 8pm, Thursdays from 4pm
to 9pm, Fridays from 4pm to 10pm, Saturdays from 11am to 10pm, and Sundays from 11am to
7pm. The tasting room is closed on Mondays and Tuesdays.
The proposed Project seeks to expand the hours of operation for the tasting room to be open from
11am to 10pm daily. This is a substantial expansion of the existing hours of operation, and
significantly, would include the very busy lunch and early afternoon hours. Because the Business
Park is industrial in nature, parking resources are most limited during the daytime hours on
weekdays. Allowing the tasting room to be open during these prime weekday business hours
would place a huge strain on already limited parking resources in the Business Park.
ATTACHMENT 5
City of Carlsbad Planning Division
January 2, 2018
Page 2
City General Plan and Municipal Code Requirements. The Land Use and Community Design
Element of the City’s General Plan contains specific policies to ensure that commercial and
industrial developments are designed to include adequate off-street parking (Policy 2-P.25, 2-
P.30). Section 21.34.080 of the City’s Municipal Code requires that all industrial projects provide
adequate off-street parking and “be compatible with existing and planned surrounding land uses
and with circulation patterns on adjoining properties. It shall not constitute a disruptive element
to the community.” Section 21.44.010 of the CMC requires that off-street parking be provided for
any change of use within an existing building, and all required parking shall be made permanently
available.
When the City approved CUP 15-01, it found that “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.” That Note states that “parking
for the accessory retail use shall be determined based on the parking requirement for the primary
use.” We understand that the City’s rationale at the time was that customers would visit the tasting
room for a few minutes, purchase something, and quickly leave. This is very different from the
anticipated reality of the proposed Project that customers would visit the tasting room, sit down
for a 60 to 90 minute lunch, and further burden the already overburdened parking resources in the
Business Park.
In light of the proposed expansion of hours for the tasting room, requiring only 1 parking space
per 400 square feet would violate the General Plan policies for ensuring adequate off-street
parking, and certainly “constitute a disruptive element to the community” in violation of CMC
Section 21.34.080. Operating during peak weekday lunch hours, when we understand food might
be available for service, would disrupt the other businesses in the Business Park that rely on the
limited parking resources.
Despite the language in Note 3 of Table A of Section 21.34.020, the proposed expanded hours
mean that the tasting room’s parking needs would be more akin to a restaurant, particularly
because it would be open at lunch. Section 21.44.020 of the CMC requires that restaurants of
less than 4,000 square feet in size have 1 space per 100 square feet of gross floor area. The
practical reality of the proposed tasting room (similar to a restaurant) means that the 650 square
foot tasting room should provide at least 7 off-street parking spaces in accordance with that
standard, not 1. As explained below, the governing documents for the Business Park only allocate
1 parking space to the tasting room.
Governing Documents. The Property is subject to the Declaration of Covenants, Conditions and
Restrictions and Grant of Easements for Promontory Business Park recorded on July 21, 2004 as
Document No. 2004-0681956 in the Official Records of San Diego County (the “CC&Rs”). The
CC&Rs allocate limited parking spaces among the various units within the Business Park. Article
1 of the CC&Rs defines “Allocated Parking Spaces” as “the total number of parking spaces within
the Common Parking Areas allocated to such Lot or Buildings … as shown on Exhibit ‘D.’” Section
8.2 of the CC&Rs requires that “in no event shall any Owner, Occupant or Permittee make use,
at any time, of more than the Allocated Parking Spaces for the applicable Lot.” Exhibit “D” as
reflected in the recorded Second Amendment to the CC&Rs shows that Building 2719 has a total
of 22 Allocated Parking Spaces.
Building 2719 itself is governed by the Enabling Declaration Establishing a Plan for Condominium
Ownership for the 2719 Loker Avenue West Owners Association recorded on October 24, 2006
as Document No. 2006-0753395 of Official Records (the “2719 Declaration”). The 2719
Declaration contains restrictions applicable to the 4 commercial and industrial condominium units
City of Carlsbad Planning Division
January 2, 2018
Page 3
in Building 2719. Per Section 1.7, the Common Area includes parking and driveway areas, and
Section 2.1 states that each of the 4 units is allocated an interest in the Common Area as shown
in Exhibit B. Most relevant here, Exhibit B shows that the Property at issue (Suite D) contains
approximately 3,285 sf and is allocated a 22.64% share in the Common Area. What this means
is that out of the 22 Allocated Parking Spaces attribute to Building 2719, only 22.64% (or 5 spaces)
are allocated to Unit D.
Since the tasting room comprises only 650 square feet within Unit D, its parking allocation from
the 5 spaces allocated to all of Unit D (3,285 sf) is only 1 parking space. One (1) space is certainly
not enough to accommodate the Project’s proposed expansion of its operating hours, and would
inevitably cause it to violate the restriction at Section 8.2 in the CC&Rs that no owner or their
permittees use more than their “Allocated Parking Spaces.”
Conclusion. The Association is gravely concerned with the proposed Project’s impacts on parking
resources in the Business Park. The inevitable reality is that the expanded operating hours into
the lunch and afternoon hours would require numerous parking spaces which are simply not
available. The Project would therefore not only violate the applicable recorded governing
documents, but it would also violate the City’s General Plan and Municipal Code requirements.
Because the tasting room is more like a restaurant, its heightened parking needs would therefore
“constitute a disruptive element to the community” (CMC, § 21.34.080).
For these reasons, we respectfully request that the City deny the proposed Project. Please do
not hesitate to call with any questions.
Very truly yours,
COMMUNITY LEGAL ADVISORS INC.
Michael
Michael J. Alti, Esq.
The City of Carlsbad Planning Division
A REPORT TO THE PLANNING COMMISSION
Item No.
Application complete date: March 23, 2015
P.C. AGENDA OF:May 20, 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.
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ATTACHMENT 6
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.
West Planned Industrial – PI Planned Industrial – PM
Office, Manufacturing,
Warehousing, Retail Shopping
Center.
III. 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 permitted 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 PI land 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 26 ADT 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
ATTACHMENTS:
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
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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: PALOMAR BREWING COMPANY
CASE NO.: 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)That the foregoing recitations are true and correct.
B)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:
Findings:
(Note: These findings are not applicable to 1st Amendment uses; see Section 21.42.030.B)
PLANNING COMMISSION RESOLUTION NO. 7100
ATTACHMENT 7
PC RESO NO. 7100 -2-
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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 PI land 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.
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.
5. That the City Planner has determined that the project belongs to a class of projects that the
State Secretary for Resources has found do not have a significant impact on the 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.
PC RESO NO. 7100 -3-
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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 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
Conditional Use Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Conditional Use Permit documents, as necessary to make them internally
consistent and in conformity with the final action on the project. Development shall occur
substantially as shown on the approved Exhibits. Any proposed development, different from
this approval, shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this Project 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.
5. 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.
6. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 5 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
7. 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 -4-
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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
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.
11. 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.
12. 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.
13. 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.
14. 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 -5-
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15. 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.
16. 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.
17. Prior to occupancy, a Certificate of Occupancy Permit for a change of use shall be issued per
Carlsbad Municipal Code Section 21.60.010.
18. 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.
Engineering:
19. 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.
20. 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
following:
21. 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.
22. 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.
23. The project shall comply with the latest nonresidential disabled access requirements pursuant
to Title 24 of the California Building Code.
24. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
PROMONTORY BUSINESS PARK OWNERS ASSOCIATION
OBJECTIONS TO AMENDMENT OF CONDITIONAL USE PERMIT CUP 15-01
ITEM NO. 3 -CARLSBAD PLANNING COMMISSION HEARING
FEBRUARY 7, 2018
Description Exhibit No.
Picture of Culver Beer's Tasting Room (From its Instagram 1
Page)
Building Permit for Delicatessen adjacent to Tasting Room 2
(1/12/2018)
Excerots from Carlsbad General Plan 3
Carlsbad Municipal Code Section 21.02.010 (purpose of 4
zoning ordinance)
Carlsbad Municipal Code Section 21.54.125 (amending a 5
permit)
Carlsbad Municipal Code Section 21.42.010 (purpose of 6
CUPs)
Carlsbad Municipal Code Section 21.42.030 (findings to 7
annrove CUP)
Carlsbad Municipal Code Section 21.42.040 (Conditions that 8
may be imposed)
Carlsbad Municipal Code Section 21.34.080 (design criteria 9
in P-M zone)
Carlsbad Municipal Code Section 21.44.010 required 10
off-street parking)
Carlsbad Municipal Code Section 21.44.020 (off-street 11
parking reauired)
Carlsbad Municipal Code Section 21.44.080 (joint use of off-12
street parking)
Carlsbad Municipal Code Section 21.56.010 (provisions to be 13
minimum requirements)
Minutes from May 20, 2015 Planning Commission Hearing 14
on CUP 15-01
Second Amendment to Promontory CC&Rs (rec. 2/17 /17) 15
'
EXHIBIT 1
2/7/2018 Culver Beer Co. on lnstagram: "Than ~• everyone who came out tonight! The festivities will -"\tinue tomorrow with a free bbq from 1-4pm~a ...
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Culver Beer Company
culverbeer Thanks to everyone who came out
tonight! The festivities will continue tomorrow
with a free bbq from 1-4pm~8 D open till
lOpm!
penny_gaga See you tomorrow!!!
mrs_pippin Woohoo! Such a rad opening!
Stoked for y'all!
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EXHIBIT 2
'
-",---
Commercial Permit
Ccityof
Carlsbad
Print Date: 01/25/2018 Permit No: CBC2017-0426
Job Address:
Permit Type:
Parcel No:
Valuation:
Occupancy Group:
# Dwelling Units:
Bedrooms:
Project Title:
Description:
Applicant:
2719 Loker Ave W, D
BLDG-Commercial
2090813902
$6,697.44
Work Class:
Lot#:
Reference#:
Construction Type:
Bathrooms:
Orig. Plan Check#:
Plan Check#:
Tenant Improvement
LOCALLY TOASTED DELICATESSEN: T.I, 144 SF TASTING ROOM TO DELI WITHIN SUITED
Owner:
Status:
Applied:
Issued:
Permit
Finaled:
Inspector:
Final
Inspection:
Contractor:
Issued -Active
08/08/2017
01/12/2018
Tfraz
PRESSLY BENJAMIN FAIRWEATHER ANGELEA FAIRWEATHER
2719 Loker Ave W
CARLSBAD, CA 92010
DUKES CUSTOM CONSTRUCTION
760-84S-6S24
BUILDING PERMIT FEE $2000+
BUILDING PLAN CHECK FEE (BLDG)
ELECTRICAL BLDG COMMERCIAL NEW/ADDITION/REMODEL
PLUMBING BLDG COMMERCIAL NEW/ADDITION/REMODEL
PUBLIC FACILITIES FEES -inside CFO
SB1473 BUILDING STANDARDS FEE
SEWER BENEFIT AREA FEES -G
SEWER CONNECTION FEE (General Capacity all areas)
STRONG MOTION-COMMERCIAL
TRAFFIC IMPACT Commercial-Industrial w/in CFO
Total Fees: $6,SS9.24 Total Payments To Date: $6,SS9.24
2769 Loker Ave W
Carlsbad, CA 92010-6601
760-622-7117
Balance Due:
Please take NOTICE that approval of your project includes the "Imposition" of fees, dedications, reservations, or other exactions hereafter
collectively referred to as "fees/exaction." You have 90 days from the date this permit was issued to protest imposition of these
fees/exactions. If you protest them, you must follow the protest procedures set forth in Government Code Section 66020(a), and file the
protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section
3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their
imposition.
You are hereby FURTHER NOTlFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection
fees and capacity changes, 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 limitation has previously otherwise expired.
$0.00
1635 Faraday Avenue, Carlsbad, CA 92008-7314 I 760-602-2700 I 760-602-8S60 f I www.carlsbadca.gov
$88.3S
$61.84
$41.00
$49.00
$121.89
$1.00
$1,794.87
$2,328.41
$1.88
$2,071.00
EXHIBIT 3
-'-
City of Carlsbad
2-42
2-P.19 Ensure that all residential areas have convenient access to daily
goods and services by locating local shopping centers centrally
within their primary trade areas, as defined in Table 2-4. Such t rade
areas should minimize gaps between or overlaps with the trade
areas of other local shopping centers.
2-P.20 New master plans and residential specific plans and other large
development proposals shall evaluate whether there is a need to
include a local shopping center within the development.
2-P.21 Sites designated for "regional commercial" use should generally be
located where they are easily visible and accessible from highways
and freeways. Local shopping centers and uses may be adjacent to
or, as a secondary use, integrated into regional centers to also serve
the daily convenience needs of customers utilizing the regional
shopping center.
2-P.22 Sites designated for "general commercial" use should be limited to
locations where such uses are appropriate and desirable, provided
the development is designed t o be architecturally unified and does
not result in "strip commercial" development.
2-P.23 Sites designated for "visitor commercial" uses should generally
be located near major transportation corridors and proximate to
key tourist/visitor draws, such as hotels, the ocean, lagoons, the
Village, LEG OLAND and other recreation venues, McClellan-Palo·
mar Airport, and businesses in t he Palomar Airport Road corridor.
Regional, general and local shopping center uses may be adjacent
to or, as a secondary use, integrated into a visitor commercial center
to also serve the daily convenience needs of tourists, visitors and
residents.
2-P.24 Build and operate commercial uses in such a way as to complement
but not conf lict with adjoining residential areas. This shall be accom-
plished by:
a. Controlling lights, signage, and hours of operation to avoid
adversely impacting surrounding uses.
b. Requiring adequate landscaped buffers between commercial
and residential uses.
c. Providing bicycle and pedestrian links between commercial
centers and surrounding residential uses, and providing bicycle-
parking racks.
d. Ensuring building mass does not adversely impact surrounding
residences.
2-P.25 Ensure that commercial development is designed to include:
a. Integrated landscaping, parking, sig ns, and site and building
design
b. Common ingress and egress, safe and convenient access and
internal circulation, adequate off-street parking and loading
facilities. Each commercial site should be easily accessible by
pedestrians. bicyclists, and automobiles to nearby residential
development.
c. Architecture that emphasizes establishing community identity
while presenting tasteful, dignified and visually appealing
designs compatible with their surroundings.
d. A variety of courtyards and pedestrian ways, bicycle facilities,
landscaped parking lots, and the use of harmonious architecture
in the construction of buildings.
2-P.26 When "community" tenants (see Table 2-4, earlier) are included
in a local shopping center, they must be fully integrated into the
overall function and design of the center, including the architecture,
internal circulation and landscaping. The inclusion of such tenants
should complement, not supplant the principal function of the
center, which is to provide local goods and services.
a. No community "anchor" tenant may be built as a stand-alone
building. It must share (or appear to share) walls and its building
facade with other tenant s in the center.
b. No community "anchor" tenant or secondary tenant may feature
corporate architecture or logos (excluding signage) that is not
integrated into the overall design of the center.
Industrial and Office
2-P.27 Limit general industrial development within the community to those
areas and uses with adequate transportation access. These areas
should be compatible with surrounding land uses including residen-
tial neighborhoods. ·
2-P.28 The physical development of industrial areas shall ensure compati-
bility among a diverse range of industrial establishments.
2-P.29 Include provisions in the Zoning Ordinance to allow service and
support uses in areas designated Planned Industrial; such uses may
include but are not limited to commercial/retail uses that support
planned industrial uses, office uses, places of worship, recreation
facilities, education facilities, conference facilities, daycare centers,
short-term lodging, and other service uses.
2-P.30 Require new industrial development to be located in modern,
attractive, well-designed and landscaped industrial parks in which
each site adequately provides for internal traffic, parking, loading,
storage, and other operational needs.
2-P.31 Regulate industrial land uses on the basis of performance standards,
including, but not limited to noise, air quality, odor, and glare.
2-P.32 Require privat e industrial developers to provide adequate outdoor
dining/eating areas for employees.
2-P.33 Do not permit general or medical office uses on sites designated
for industrial use. unless the site is re-designated through a General
Plan amendment to the office or a commercial land use designation;
General Plan
2-43
EXHIBIT 4
Title 21 ZONING
Chapter 21 .02 PURPOSE
21 .02.010 Designated.
An official land-use plan for the city is adopted and established to serve the public health, safety
and general welfare and to provide the economic and social advantages resulting from an orderly
planned use ofland resources. (Ord. 9060 § 100)
21.02.020 Short title.
This title shall be known as "The Zoning Ordinance." (Ord. 9060 § 101)
EXHIBIT 5
0 0
Carlsbad Municipal Code
21.54.125 Amendments to development permits.
A. For purposes of this section, "development permit" means any permit, entitlement or
approval required pursuant to Title 21 of this code, or pursuant to any applicable master, specific,
or redevelopment plan.
B. Any approved development permit may be amended by following the same procedure
required for the approval of said development permit ( except that if the city council approved the
original permit, the planning commission shall have the authority to act upon the amendment),
and upon payment of the application fee contained in the most recent fee schedule adopted by the
city council.
C. If an approved development permit was issued pursuant to the provisions of Section
21.54.042 of this title, any amendment to said permit shall be acted on by the decision-making
authority that approved the original permit, except that if the city council approved the original
permit, the planning commission shall have the authority to act upon the amendment.
D. In granting an amendment, the decision-making authority may impose new conditions
and may revise existing conditions. (Ord. CS-178 § CIX, 2012)
EXHIBIT 6
0 0
Carlsbad Municipal Code
21.42.010 Purpose.
The purpose of the minor conditional use permit or conditional use permit is to allow special
consideration for certain uses to be located in zones other than those in which they are classified
as permitted because of their particular characteristics.
Such uses may only be suitable in specific locations in a zoning classification or only if sucH
uses are designed or laid out in a particular manner on the site or are subjected to s eci:fio
'Conditions to assure com atibili~ within the zone and its surroundings Since it would be
impractical and detrimental to the peace, health, safety and general welfare to permit such uses in
all areas of the city in any one or more zones, the peace, health, safety and general welfare will
be promoted if such uses are authorized only by minor conditional use permit or conditional use
permit in accordance with the standards hereinafter set forth.
The privileges and conditions of a minor conditional use permit or conditional use permit are a
covenant that runs with the land, and, in addition to binding the permittee, bind each successor in
interest. (Ord. NS-791 § 1, 2006)
EXHIBIT 7
0 0
Carlsbad Municipal Code
21.42.030 Findings of fact.
A. A minor conditional use permit or conditiQnal use permit may be granted only if the
following facts are found to exist in regard thereto:
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;
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;
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;
4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use.
B. When the subject of the application for minor conditional use permit or conditional use
permit is protected by the First Amendment to the United States Constitution, or Article I,
Section 2 of the California Constitution, then only the definite objective guidelines and standards
of this chapter and of any other chapter of this code applicable to the property shall apply. The
general health, safety and welfare requirements of this subsection shall not apply and any
requirements of this code which may not be constitutionally applied shall be severed from the
requirements which may be constitutionally applied and those applicable shall remain in full
force and effect. (Ord. CS-178 § LXXII, 2012; Ord. CS-164 § 10, 2011; Ord. NS-791 § 1, 2006)
EXHIBIT 8
0 0
Carlsbad Municipal Code
21.42.040 Conditions which may be added prior to granting permit.
A. In granting a minor conditional use permit or conditional use permit, any and all
conditions necessary to protect the public health, safety and welfare, may be added thereto,
including but not limited to the following:
1. Regulation of use;
2. Special yards, open space, and buffers;
3. Fences and walls;
4. Dedicating and improving public improvements;
5. Regulation of points of vehicular ingress and egress;
6. Requiring placement and maintenance of landscaping;
7. Regulation of signage, noise, vibration, odors, etc.;
8. Regulation of time for certain uses on the subject property;
9. Time schedule for developing the proposed use;
10. Time period during which the proposed use may be continued;
11 . Any other conditions necessary for the development of the city in an orderly and efficient
manner and in conformity with the intent and purpose set forth in this chapter. (Ord. NS-791 § 1,
2006)
EXHIBIT 9
Carlsbad Municipal Code
21.34.080 Design criteria.
All industrial projects shall comply with the following design criteria:
1. The overall plan shall be comprehensive, imaginative and innovative, embracing land,
buildings, landscaping and their relationships, and shall conform to adopted plans of all
governmental agencies for the area in which the proposed development is located.
2. The plan shall provide for adequate open space, circulation, off-street parking and other
pertinent amenities. Buildings, structures and facilities in the parcel shall be well integrated,
oriented and related to the topographic and natural landscape features of the site.
3. The proposed development shall be compatible with existing and planned surrounding
land uses and with circulation patterns on adjoining properties. It shall not constitute a disruptive
element to the community.
4. The internal street system shall not be a dominant feature in the overall design; rather, it
should be designed for the efficient and safe flow of vehicles without creating a disruptive
influence on the activity and function of the development.
5. The design of buildings and surrounding environment shall be architecturally integrated
and compatible with each other.
6. Screening walls for storage spaces, loading areas and equipment shall be architecturally
integrated with the surrounding building design.
7. Building placement shall be designed to create opportunities for plazas or other
landscaped open spaces within the project. (Ord. 9693 § I, 1983)
EXHIBIT 10
Carlsbad Municipal Code
21.44.010 Required off-street parking.
A. Off-street parking, designed in accordance with the requirements of this chapter, shall be
provided for:
1. All newly constructed buildings;
2. Additions to existing buildings, except for:
a. An existing single family residence which does not meet the required parking standard
(i.e. a two-car garage) may expand floor area ifa minimum of two off-street parking spaces are
provided on-site in a location consistent with Section 21.44.060.
3. Any change of use within an existing building.
B. All required parking shall be made permanently available and be permanently maintained
for parking purposes.
C. When calculating the required number of parking spaces, if the calculation results in a
fractional parking space, the required number of parking spaces shall always be rounded up to
the nearest whole number. (Ord. CS-050 § III, 2009; Ord. NS-834 § I, 2007)
EXHIBIT 11
Carlsbad Municipal Code
21.44.020 Off-street parking spaces required.
A. The number of off-street parking spaces required for the uses or structures designated in
this section shall be no less than as set forth in Table A, below.
B. In the case of multiple uses in a building or on a lot, the total requirements for off-street
parking facilities shall be the sum of the requirements for the various uses computed separately,
except as otherwise noted. Off-street parking facilities for one use shall not be considered as
providing required parking facilities for any other use except as specified in Section 21.44.080
for joint use.
EXHIBIT 12
Carlsbad Municipal Code
21.44.080 Joint use of off-street parking facilities.
A. Joint use of off-street parking facilities shall be allowed for uses or activities listed in
subsection A. I of this section, subject to the requirements of subsection A.2 of this section.
I. Uses or Activities.
a. Up to fifty percent of the parking facilities required by this chapter for a use considered to
be primarily a daytime use may be provided by the parking facilities of a use considered to be
primarily a nighttime use;
b. Up to fifty percent of the parking facilities required by this chapter for a use considered to
be primarily a nighttime use may be provided by the parking facilities of a use considered to be
primarily a daytime use;
c. Up to one hundred percent of the parking facilities required by this chapter for a church
or for an auditorium incidental to a public or parochial school may be supplied by parking
facilities of a use considered to be primarily a daytime use;
d. Up to fifty percent of the parking facilities required by this chapter for a church may be
jointly utilized by an on-site, accessory, child day care center provided there is no substantial
conflict in the principal operating hours of the church and child day care center;
e. The following uses are typical daytime uses: banks, business offices, retail stores,
personal service shops, clothing or shoe repair or service shops, manufacturing or wholesale
buildings and similar uses;
f. The following uses are typical of nighttime uses: dance halls, theaters and bars.
2. Requirements for Joint Use of Off-Street Parking.
a. The owner or lessee of the subject property shall provide written evidence to the planning
division to demonstrate compliance with the provisions and requirements of this section.
b. The buildings or uses associated with the joint use of a parking facility shall be located
within one hundred fifty feet of such parking facility;
c. The application shall show that there is no substantial conflict in the principal operating
hours of the buildings or uses for which the joint use of a parking facility is proposed;
d. Parties involved in the joint use of a parking facility shall provide evidence of agreement
for such joint use by a proper legal instrument approved by the city attorney as to form and
content. Such instrument, when approved as conforming to the provisions of this title, shall be
recorded in the office of the county recorder and copies thereof filed with the city planner. (Ord.
CS-164 §§ JO, I I, 2011; Ord. CS-063 § VII, 2009; Ord. NS-834 § I, 2007)
EXHIBIT 13
Carlsbad Municipal Code
21.56.010 Provisions to be minimum requirements-Conflict of provisions.
In interpreting and applying the provisions of this title they shall be held to be the minimum
requirement for the promotion of the public health, safety, comfort, convenience and general
welfare. It is not intended by this title to interfere with or abrogate or annul any easement,
covenant or other agreement between parties, provided, however, for developments located in
the coastal zone, easements, covenants, or other agreements between parties may not annul the
requirements, restrictions or obligations placed on the zone. When this title imposes a greater
restriction upon the use of building or land, or upon the height of buildings, or requires larger
open spaces than are imposed or required by other ordinances, rules, regulations, or by
easements, covenants or agreements, the provisions of this title shall control. (Ord. NS-365 § 18,
1996; Ord. 9060 § 2100)
EXHIBIT 14
Planning Commission Minutes May 20, 2015 Page 4
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 closed 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:
VOTE:
AYES:
NOES:
ABSENT:
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 CDP 14-05 and Minor Variance AV 15-04
based upon the findings and subject to the conditions contained therein.
6-0
Chairperson Scully, Commissioner Anderson, Commissioner Black, Commissioner
L'Heureux, Commissioner Montgomery and Commissioner Segall
None
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 16~1 -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, MExisting 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 perfonn 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 pennit 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. Fahweather 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 1 0 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 oflen 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 particular1y
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 induded 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. Commissioner 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 -1 O pm, Saturdays 11 am -10 pm, and Sundays 11 am -1 O 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.
Planning Commission Minutes May 20, 2015 Page9
ADJOURNMENT
By proper motion, the Regular Meeting of the Planning Commission of May 20, 2015 was adjourned at 7:37
p.m.
~7l
DON NEU
City Planner
Bridget Desmarais
Minutes Clar1<
EXHIBIT 15
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
Mark T. Guithues, Esq.
Community Legal Advisors Inc.
509 N. Coast Highway
Oceanside, CA 92054
DOC# 2017-0092541
I HI 111 IMI l~I IB llfil lffll llll llll IHI IMI 11111 ID Ml
Feb 27, 2017 03:17 PM
OFFICIAL RECORDS
Ernest J. Dronenburg. Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $42.00
PCOR: N/A
PAGES: 5
SPACE ABOVE RESERVED FOR RECORDER'S USE
TITLES)
Second Amendment to the
Declaration of Covenants, Conditions and Restrictions and
Grant of Easements for Promontory Business Park
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
Promontory Business Park Owners Assn.
c/o Community Legal Advisors lnc.(MTG)
509 N. Coast Highway
Oceanside, CA 92054
(SPACE ABOVE FOR RECORDER'S USE) ,,
Second Amendment to the
Declaration of Covenants, Conditions and Restrictions and
Grant of Easements for Promontory Business Park
WHEREAS, all of the Lots within the Promontory Business Park Owners Association (the
'Association") are governed by the Declaration of Covenants, Conditions and Restrictions and
Grant of Easements for Promontory Business Park recorded on or about July 21, 2004, as
Document No. 2004-0681956, recorded in the.', Official Records of the San Diego County
Recorder's Office (the "Orlglnal Declaration"). The Original Declaration was amended by that
certain First Amendment to Declaration of Covenants, Conditions and Restrictions and Grant of
Easements for Promontory Business Park recorded on June 3, 2013 as Document No. 2013-
0346829 in the Official Records of the San Diego County Recorder's Office (the "First
Amendment''). The Original Declaration and First Amendment are collectively referred to herein
as the "CC&R's.' (Other capitalized terms in this Second Amendment have the same meaning
as defined terms in the CC&R's.)
WHEREAS, the property subject to the CC&R's and this Second Amendment is described as:
Lots 1 through 7, inclusive, of Parcel Map No. 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 on June 30, 2004 as File No.
2004-0614344.
WHEREAS, Exhibit "D" to the CC&R's is entitled 'Maximum Building Area, Allocable Share, and
Allocated Parking Spaces" and lists the Maximum Building Area, Allocated Parking Spaces, and
Allocable Share of Common Expenses for each of the Lots in the Project.
WHEREAS, Article 1 of the CC&R's states that "Allocable Share shall be subject to change
based upon any change Rentable Area of any Building, as determined by the Operator in its
reasonable discretion."
WHEREAS, Article 1 of the CC&R's states that the maximum square footage of Rentable Area
permitted to be constructed on a Lot is reflected in Exhibit "D" and Is "subject to modification
upon approval by Declarant or the Association.' ,,
WHEREAS, Article 1 of the CC&R's states that 'ihe number of such Allocated Parking Spaces
for each Lot (shown on Exhibit 'D') shall be subject to adjustment by the Operator, from time to
time, as set forth in and pursuant to Sections 3.10 and 8.2 below.'
WHEREAS, Section 3.4 of the CC&R's provides that the Operator has the power to determine
the Rentable Area of each Building, and to recompute such Rentable Area as well as the
Allocable Share for the Owners of the Lots.
WHEREAS, Section 3.10 of the CC&R's states "If the Rentable Area or use of any Building
changes or the number of parking spaces allocated to any Lot changes with Operator approval
in accordance with the terms of this Declaration, the applicable Allocable Share for such Lot and
all other Lots shall be correspondingly adjusted by the Operator." ,,
WHEREAS, Section 8.2(a) of the CC&R's provides that the Operator has the discretion to
reallocate parking spaces in the Project under certain circumstances.
WHEREAS, the square footage of the Maximum Building Area for Lot 4 (Building 2721) has
increased from 16,672 square feet to 19,330 square feet, and Lot 4 has acquired rights to 20
additional parking spaces from the Declarant.
WHEREAS, Article 1 of the CC&R's states that the Association is the "Operator,' and Section
2. 7 of the CC&R's and Section 8.01 of the Assodl!tion's Bylaws grant the Board of Directors the
authority to act on the Association's behalf and enforce the CC&R's.
WHEREAS, the Association's Board of Directors, acting as the Operator, desires to replace
Exhibit "D" to the CC&Rs to reflect the increased Maximum Building Area and parking spaces
for Lot 4 (Building 2721) along with the corresponding changes in Allocable Shares for all the
Lots.
AMENDMENT
II
THEREFORE, the Board of Directors hereby deletes Exhibit "D" to the CC&R's in its entirety
and replaces it with a new Exhibit "D" as follows:
EXHIBIT"D"
Maximum Building Area, Allocable Share, and Allocated Parking Shares
Bullding Lot Maximum Building Area Allocated Allocable Share of
Number Number (Square Feet) • Parking Spaces Common Expenses
NIA 1 NIA NIA NIA
2717 2 13,932 30 16.7%
2719 3 14,512 22 17.4%
2721 4 19,330 49 23.2% "
2715 5 11,449 37 13.8%
2713 6 9,418 24 11.3%
2711 7 14,600 59 17.5%
Totals 83,241 Sq. Ft. 221·· 100.0%
-u Note that as of the date ofth1s Second Amend1nent there are 2 unallocaled parkmg spaces w1thm the Project,
which unallocated parking spaces are for the use of all of the Lots as set forth in Section 8.2 of this Declaration .
• • •
BE IT KNOWN FURTHER that:
,,
1) The balance of the CC&R's, as amended by this Second Amendment, shall remain in full
force and effect.
Certification by President and Secretary
By their signature below, the signatory certifies, under penalty of perjury, that this Second
Amendment has been approved by the Board of Directors of the Promontory Business Park
Owners Association. 11>
The Promontory Business Park Owners Association
~:~<Nam,~
Title: Secretary of the Board of Directors :i"itle: President of the Board of Directors
,,
"
A notary public or other officer completing this ceittficate verifies only the identity of
the individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF '=:::nn C) 1f80
ss.
onJu?"t'j 05 , 20~ before me, f{):lqb..•\ [,noc,0 , Notary Public, personally
appearer, 1-11'\Mv . who proved to me on the basis of satisfactory evidence to be the
person~ whose name!,} is/~ subscribed to the within instrument and acknowledged to me that
iytshe1ilid executed the same in hiMher/~ir authorized capaci1y(i9), and that by ~/her/t~r
signatut(~ on the instrument the person(J'l, or the entity upon behalf' of which the perso~s) acted,
executed the instrument.
l certify under PENAL TY OF PERJURY under th.Aaws of the Stale of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
. N 0ublic
" .,
, a MARIBEL FRANCO Not1ry Puollc -c11norni1
(Seal) · · San Diego County 't!'.' CommlHion II 2166637
· Mv Comm. Ex1ir11 Oct 30, 2020
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
)
) ss. i
"
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my ha
(Seal) ti IVONNE MARTINEZ
... Notary Public -California
~ San Diego Counly i
z Commission# 2'150645 ~ I •• ~ •• 1~1 somm. Expires Apr 26,.202£ l C O O i Q C O C C
PROMONTORY
BUSINESS PARK OA
Culver Beer Co. Parking Impact
Culver Beer Company
2/7/2018
1
Culver Beer Company
BUILDING E
BUILDINGC
BUILDING F
fCl*C..., .. ,._, 1#)
<:ulverbeer • follow
Culwf BttrC""'P"~
culve<beer Thanks to everyone who came out
tonight! The festivities will continue tomorrow
with a free bbq from 1-4pmt1:::e o open till
lOpm!
penny_gag,a See you tomonowil!
mr1__pippin Woohool Such a rad opening!
Stoked for y'alll
00
196 likes
h.A1 l._ 2'Dl•
Log in to I e or comment
225 Spaces
-201 original demand
-20 Exhibit D Amended
-1 ADA Ramp
-1 ADA Van Space
-12719 Roll up door
-12719 Man door
= 0 extra spaces
Cllllal 1\Nlti ,1.-.. • IIAll"II IF ,.,_ ,...,.._,,
2/7/2018
2
2/7/2018
Tuesday 2/6/18 at 5:30 PM
Friday 2/2/18 at 5:04 PM
Thursday, February 1, 2018 at 5:04pm
3
Week of December 4, 2017 after 5:00PM
Owner Complaint:
Unapproved Tents and Food truck located in parking spaces 3/18/16
Paul Danninger
Below see two tent structures In front of brl!Wl!ry and one white food truck parked horizontally.
I would like to be an anonymous complainer please,
2/7/2018
4
Owner Complaint: Potential hit & run 5/25/16
Wtd 5/25/2016 10:37 AM
Lisa < lisa@gu nthergifts.com>
RE: Culver Beer Co. exterior Improvement
To Patter S\rv61S
Cc Poul ~
0 You replied to thi, messag• on 5/25nol6 10,43 AM.
Parker,
I cannot confirm It as we do not have cameras outside.
My car was fine when I came to work .... And messed up at the end of the day.
We did have a customer bump someone's car once but they Immediately came Into the store to report It.
If you're drunk, you take off.
I can't prove It as I did not see It happen.
Tom had his car damaged from a brewery customer.
We have been In this park 11 years and aD of a sudden cars are getting damaged.
It Is cfrcumstantlal evidence .... But a very bad trend.
Onoe we get the range, we will have cameras outside.
Thanks,
Lisa Gunther
Owner Complaint: 7 /1/16
fri l/1/2015 7:G2 PM
Paul Danninger
Re: Brewery
To GG-GG: Patti.er S~
8 You rtplted to thd mess,ge on 7/5/2016 10:.28 AM.
Hi Greg,
Sony, please take picturet.. You ma)' nc:cd to ttflff towing can.
Thanla, Paul
Cell 858-775-49l7
Sent from my Cym10gen phone
On Jul I, 2016 5:51 PM, GG-GG wrott:
I'm plhed Paol ltafnday aDdUu·brewery cultClmtn Un taktm E\IER.YP.UXINO SPACE INTRO:"ll' Of MY BUILDING TIIERE IS NOT ONE SPACE A\"AllABLE FOR MY CUSTOMERS.
OrtgOuntbtt
2/7/2018
5
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Owner Complaint: 1/31/18
A Wtdli,1/l011~:0lPt.l
Caleb Willis <caleb@islandbatik.com>
Fwd: Pirking lol
10 ,n.Slt.WN
8 vo,i,1.,r.ci1othd1MUt'ii-onM/2018llUJAM,
Clic:thae todow,,,..d p1c:Ma. lo hdp p(ottct yo,.. pl'WKf, 0\/\loolP'~ l'.COmttl< ~ vi IClff'c pkt.1,11a WI tht1 ~
Fnm; Aorcll FIP,:at.ba c:J1pglber1J@uhpo CPO?
Dalt: Jan 31, 2011m 16:4-4
Te: Caleb Willil <sifk:h'!ialandbfrl-oom>
S.bjKt: .Ra: Parlr.iaa: Jot
No 1pCCial rr.-att, bur •Psc netdt m,uUcd, the cuatamrn doa't UIO'o'·thote .pot• me :rftel'\·ed Where iia the-boatd MfdtlPs tho.c donc:.1? llm wil! <11D1m-. 10 Nli'flC':11 w:iJe.1 ,ve J!d them in
place. Tbqb-.-r talked 1bouf it but ba\'!ll't imp~ed •. 1be.epeop~ ares1.'t mioo rradtn. J wtllm:niad Beato fCI a tip made farout!Mde hildocrtodirea pn.iqoa.ttn:ct but r.al)'OU
foUow up oa the OWDCfl aipJ.
On Jan 31, 2018. • 4:36 PM. Willil, Caleb <uldl!IHPslbmik com> \\TOCt:
11, .... ,la,
CalebWittlo w...-a.u1.
Checkoulour1ua,11a11aa,~u4tlainlhaie.uliblpt.odt,yl
Special Event: 7 /1/17
To Whom It May Concern:
Please be advised that lhe undersigned is writing on bchalfofCulver Beer Company(' ulver''), As you
may know, Culver's one-year anniversary is just around the comer, on July I, 2017. Culver has been planning a
celebration and anticipate a larger than nonnal crowd at their anniversary party on July I, 201 7, Pie find
enclosed a photograph of the proposed location for the beer garden, at the back of ulver. The AB allows for
such a parking 101 beer garden and has already given ulver approval. This area will be fenced off and
monitored at all times by the Culver slaffand comply with all necessary f'ire and safet codes. Since tl1is event
will take place on a Saturday, there should be minimal interruption to lhc other tenant in the area.
On behalf of everyone at Culver. we hope that you'll join us on July L 20 I 7 and enjoy complimentlll')I
beers and food as our gue t. In addition, we arc inviting all tenants to join us in celebrating Culver's one-ear
anniVCl'$8f)',
hould you have any questions, please do not hesitate to contacl lhc undersigned or the owners of
Cul er nt (760) 814-2355. W look forward to cing you and sharing some beers together on Jul I, 2017,
2/7/2018
6
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Special Event: 8/12/17 -Up to 90 Attendees
Tut 7/la/2017 7:0J PM
Mike Stevenson <mike@culverbeer.com>
Re: PBP: Culver -Request from the Association
To P.wbr Stewnlj ""-': Ste'fflllOn
Cc Be'lfawuthl!r
8 YO\I repl1tdtoth1s mHsege:on 7n!U2017 sa.c PM
iln1gt00l,png no OJ
Hey
Tickets arc on sale uow so uo rma1 bead COUDt. We're cappu,g the ticket, at 90, thcte will be a caterer, and last call will be at 10.
I will leach oU1 to the food n:ndor for that infoonation. He has a really small letup. If we cootain him inside the brewery do we need 10 get all that papcnvork?
lfyou could set that to the board that would be awesome ..
'lbanbl
Special Event: 12/15/17
Special Event: 12/21/17
A ',l,to11.1Yl01H:SHM
Ben Fairweather <ben@culverbeer.com>
Spe<Ja1Ewn4 ,, ,.b!t.--.
Cc NGU~
8 V.ufon,,,,dccfth&MtiUftOt1U/I.S,'lm1JL:UAM,
Hi Parker,
Tbl:lw (orc.alliai 111d kecpin,a me ia 1be loop,
35 Attendees
60-70 Attendees
Deumba ~• Wl)'moDlhlcwua.iaourUllin,a room ..-:e we teaMS 1obe1popular "l*Ctoho.t t.olid1y partael I ~l)·dM111.'t tblnkthll II woukl ffil\l,lt'tltptall f'\'ffll pemia, but I
uodcnt..d why and~ for DOC do-,to bcfo,1. I ~wirbtbeAlcobolicBe,.<ttl.Jf.COllltOlabout
Wehl,-e two p-,tiellcft Lbnmootb onc:ODFnday 12'1.5 IIOd OM: oo 12121. the ooc oa lbd5tb •,nu be 35 ,eopl,r from• local~ the 2h1 t11•iU be a.10. bd."cm 60-70 people from•
buMIX:t1 ~rd ool.oka-. n.tb~ located oo Loker we 1qul...,at the brewery and walkm:,c orthe tlfflC. Botli pan-iawill bt: from 12-l .-.d 1 will ICDd ,oemailtdlinatbcmlopwkoathe ......
I will ~kl tbcm abola u.tir Cood ,won .. .,.di. I 11111 IUff tht)· ba,-e tocnethma plmm«t but imNt if thq-are 1oina to be Joc.aztd ouuidc. Pieuc: R1 mi: 1n lha ialom..ion 10 yc,u, lomofTOW
MIIOOO.UI know.
Aho,pblt [orward mctbc: tptci<\ut formi!nctdtd iDadditioato this email
llw,b,
Btn
2/7/2018
7
21.04.106 Delicatessen:
"Delicatessen" means a type of restaurant, totaling less than one thousand six hundred
square feet in total floor area, selling ready-to-eat food and canned or bottled beverages
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toasted on the site. No stoves or ovens for the cooking or preparation of food nor
tableware or dishwashingfacilities (other than a standard sink) are permitted. No
waiters or waitresses are employed on the premises. (Ord. NS-791 § 3, 2006)
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21.04.106 Delicatessen:
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2/7/2018
9
21.04.106 Delicatessen:
Food is pre-cooked or prepared at another location and only heated or
toasted on the site. No stoves or ovens for the cooking or preparation of
food nor tableware ...
21.04.106 Delicatessen:
... or dishwashing facilities (other than a standard sink) are permitted.
2/7/2018
10
• CIII)' .tCarWi_. Pb-la1 Dh-W.•
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2/7/2018
11