HomeMy WebLinkAboutCUP 12-15; GUNTHER'S RETAIL 2; Admin Decision LetterNOTICE OF CONDITIONAL USE PERMIT EXTENSION
September 28, 2023
LISA GUNTHER
2717 LOKER AVENUE WEST, SUITE B
CARLSBAD, CA 92010
CCityof
Carlsbad
SUBJECT: CUP 12-15 -GUNTHER'S RETAIL 2 -CITY COUNCIL RESOLUTION NO. 2013-117
This notice is to inform you that CUP 12-15 -GUNTHER'S RETAIL 2 located at 2717 Loker Avenue West,
Suite B, and originally conditioned to expire on May 13, 2018 is hereby extended without an expiration
date by the City Planner pursuant to Section 21.42.110(0) of the Carlsbad Municipal Code.
On May 14, 2013, City Council adopted Resolution No. 2013-117 approving CUP 12-15 -GUNTHER'S
RETAIL 2 and allowing for the conversion of 1,359 square feet of warehouse and office area within Suite
B of the subject 13,932 square-foot building to a retail use for the sale, transfer, and storage of firearms
and firearm-related products.
On September 27, 2016, City Council adopted Resolution No. 2016-201 approving CUP 15-09 -GUNTHER
GUNS SHOOTING RANGE, allowing for a 16-lane indoor shooting range and a 321 square-foot expansion
to the existing 1,395 square foot retail gun store within the existing 13,932 square-foot.
On January 25, 2023, Lisa Gunther notifies city staff that Gunther Guns no longer wishes to pursue the
construction of a 16-lane shooting range and a 321 square foot retail expansion as originally approved per
CUP 15-09. As construction will not be initiated, this CUP will be allowed to expire.
Therefore, the original permit, CUP 12-15, is retroactively extended without an expiration date as
discussed above. While your Conditional Use Permit (CUP) no longer has an expiration date, the CUP will
continue to be reviewed by the Planning Division periodically (as needed) to ensure continued compliance
with the terms and conditions of the permit. If at any time the Planning Division determines that the use
may be out of compliance with the terms and conditions of the CUP, it retains the right to review this
action and recommend that the approval be reconsidered.
Should you have any questions, please contact the Planning Division at 442-339-2600.
Sincerely,
Eric Lardy
City Planner
Attachment:
1. CUP 12-15 -GUNTHER'S RETAIL 2 -CITY COUNCIL RESOLUTION NO. 2013-117
Cdmi,fffility Development Department
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-_~39-2600 www.carlsbadca.gov
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R!ct>MIYIENDED ACTl~N:
APPROVING APPEAL AND OVERTURNING DEPT. DIRECTOR
DECISION OF THE PLANNING COMMISSION CITY ATTY.
REGARDING GUNTHER'S RETAIL (CUP U-15} CITY MGR.
Adopt Resolution 2013-117 approving the appeal and overturning the decision of the Planning
Commission to deny Conditional Use Permit CUP 12-15 and directing the refund of appeal fees.
ITEM EXPLANATION:
9
Staff has prepared the attached resolution to reflect the April 30, 2013 City Council decision to grant the
appeal and overturn the decision of the Planning Commlssion to deny Condltional Use Permit CUP 12-15.
The attached resolution will allow the applicant to convert up to 1,359 square feet of warehouse and
office area to a retail use for the sale, transfer, and storage of firearms and firearm-related products
within the planned industrial zone on property located at 2717 Loker Avenue West, Suite B, in Local
Facilities Management Zone 5.
At the public hearing on April 30, 2013, staff had initially prepared a draft resolution denying the appeal.
After the public hearing, the City Council voted 3-2 to grant the appeal and directed staff to prepare a
new resolution. Staff believes the attached draft resolution accurately reflects the City Council discussion
and decision. If so, the Resolution may be adopted.
FISCAL IMPACT:
There are no fiscal impacts to the City other than administrative staff costs associated with the
processing of this appeal.
ENVIRONMENTAL IMPACT:
This project is exempt from CEQA pursuant to Section 15301, Existing Facilities, of the State CEQA
Guidelines. The City Planner will file a Notice of Exemption for the project.
EXHIBITS:
1. Resolution 2013-117
DEPARTMENT CONTACT: Celia Brewer 760-434-2891 attorney@carlsbadca.gov
FOR CLERK USE.
COUNCIL ACTION: APPROVED ~ CONTINUED TO DATE SPECIFIC □ DENIED CONTINUED TO DATE UNKNOWN □ CONTINUED □ RETURNED TO STAFF □
WITHDRAWN □ OTHER -SEE MINUTES □
AMENDED □ REPORT RECEIVED □
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follows:
RESOLUTION NO. 2013-117
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA; APPROVING AN APPEAL AND
OVERTURNING THE DECISION OF THE PLANNING
COMMISSION TO DENY CONDITIONAL USE PERMIT CUP 12-
15 TO CONVERT UP TO 1,359 SQUARE FEET OF
WAREHOUSE AND OFFICE AREA TO A RETAIL USE FOR THE
SALE, TRANSFER, AND STORAGE OF FIREARMS AND
FIREARM-RELATED PRODUCTS WITHIN THE PLANNED
INDUSTRIAL ZONE ON PROPERTY LOCATED AT 2717 LOKER
AVENUE WEST, SUITE 8, IN LOCAL FACILITIES
MANAGEMENT ZONE 5.
CASE NAME: GUNTHER'S RETAIL 2
CASE NO.: CUP 12-15
The City Council of the City of Carlsbad, California, does hereby resolve as
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on March 20, 2013, hold a duly noticed public hearing as prescribed by law to
consider Conditional Use Permit CUP 12-15 and adopted Planning Commission Resolution No.
6949, denying Conditional Use Permit CUP 12-15; and
WHEREAS, the City Council of the City of Carlsbad, on the 30th day of April,
2013, held a duly noticed public hearing to consider an appeal of the denial of Conditional Use
Permit CUP 12-15, received a presentation from city staff, took public testimony; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, the City Council considered all factors
relating to the appeal of a Conditional Use Permit denial.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City
of Carlsbad as follows:
1. That the above recitations are true and correct
2. That the recommendation of the Planning Commission for the denial of
Conditional Use Permit (CUP 12-15) is hereby overturned and that CUP 12-15 is approved
subject to the findings and conditions of the City Council contained herein.
3. That the appellant's fees be refunded.
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Findings:
1. That the requested use (retail sale of firearms and firearm-related products) is
necessary or desirable for the development of the community, and is in harmony with the
Planned Industrial (Pl) General Plan land use designation in that the use will
provide firearms and firearm-related products for security purposes In close
proximity to the owners of the businesses within the surrounding P-M zone.
Furthermore, security firms are a compatible land use in the Planned Industrial
land use designation and are permitted in the P-M zone.
2. That the requested use (retail sale of firearms and firearm-related products) is not
detrimental to existing uses or to uses specifically permitted in the zone in which the
proposed use is to be located in that . the use is compatible with the existing
surrounding office/industrial uses and the existing project (PIP 88-02) has been
designed to accommodate all required parking on-site and provides for adequate
traffic circulation. Furthermore the retail sale of firearms is proposed to be
located within an existing building suite and only tenant improvements to the
interior are required for the use.
3.
4.
5.
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
planning director, planning commission or city council, in order to integrate the use with
other uses in the neighborhood in that the retail firearms facility will occupy only
1,359 square feet of an existing 13,925 square foot office/Industrial building with
existing onsite landscaping as previously-approved pursuant to Planned
Industrial Permit (PIP 88-02) and requires no site alterations or additional
amenities. Furthermore, the project compiles with all of the required development
standards of the P-M Zone and the proposed 1,359 square feet is adequate in size
and shape to accommodate the retail sale of firearms, as shown on Exhibits "A"-
"E" dated March 20, 2012.
That the street system serving the proposed use is adequate to property handle all traffic
generated by the proposed use in that the project site is provided access from Loker
Avenue West, a local street, and is located off of Palomar Airport Road, a primary
arterial street, which are currently operating at an acceptable level of service. The
original project (PIP 88-02) was previously-analyzed for traffic generation and the
street system was designed to properly handle all traffic generated by the
office/industrial park. The limited additional average daily trips associated with
this proposed retall firearms facility can be accommodated by the existing street
system.
That the City Planner has determined that the project belongs to a class of projects that
the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15301 -uExisting
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.
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6. The City Council has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are
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.
Conditions~
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to Issuance of a
business license and/or building permit or building occupancy permit, whichever
occurs first.
1.
2.
3.
4.
5.
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 pennits; 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
Staff is authorized and directed to make, or require the Developer to make, all
corrections and modifications to the Conditional Use Permit documents, as necessary
to make them internally consistent and in conformity with· the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any
proposed development, different from this approval, shall require an amendment to this
approval.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code
Section 66020. If any such condition is determined to be invalid, this approval shall be
invalid unless the City Council determines that the project without the condition complies
with all requirements of law.
Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands,
claims and costs, including court costs and attorney's fees incurred by the City arising,
directly or indirectly, from (a) City's approval and issuance of this Conditional Use
Permit, (b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the facility
of electromagnetic fields or other energy waves or emissions. This obligation survives
until all legal proceedings have been concluded and continues even if the City's approval
Is not validated.
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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 a building permit or business license is not
issued for this project within 24 months from the date of project approval.
8. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFO #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. Prior to the issuance of the building permit, Developer shall submit to the City a Notice of
Restriction executed by the owner of the real property to be developed. Said notice is to
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 City Council Resolution No. 2013-117
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 12-15 shall be reviewed by the City Planner annually to determine if all conditions
of this permit have been met and that the use does not have a substantial negative
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 CUP 12-15 is granted for a period of five (5) years from
May 14, 2013 through May 13, 2018. 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. This permit may be extended for a reasonable period of time
not to exceed five (5) years upon written application of the permittee made no less than
90 days prior to the expiration date. The Planning Commission may not grant such
extension, unless it finds that there are no substantial negative effects on surrounding
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land uses or the public's health and welfare. If a substantial negative effect on
surrounding land uses or the public's health and welfare is found, the extension shall be
denied or granted with conditions which will eliminate or substantially reduce such
effects. There is no limit to the number of extensions the Planning Commission may
grant.
12. CUP 12-15 is approved subject to the following restrictions:
13.
a. The only on-site retail sales activity allowed by this CUP is the sales, transfer
and storage of firearms, arid firearm-related products. No on-site retail sales
of any other products is permitted; and
b. No additional signage regarding the sales, transfer or storage of firearms and
firearm related products is allowed on-site.
Prior to issuance of the business license for the retail use, the applicable
development impact fees shall be paid in accordance with the city's current fee
schedule, to the satisfaction of the City Engineer and Building Official.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
14. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and
Section 13.1 0 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.
15. · Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
16. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
"NOTICE TO APPLICANT"
The time within which judicial review of this decision must be sought is governed
by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of
Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review
must be filed in the appropriate court not later than the ninetieth day following the date on which
this decision becomes final; however, if within ten days after the decision becomes final a
request for the record is filed with a deposit in an amount sufficient to cover the estimated cost
or preparation of such record, the time within which such petition may be flied in court is
extended to not later than the thirtieth day following the date on which the record is either
personally delivered or mailed to the party, or his attorney of record, if he has one. A written
request for the preparation of the record of the proceedings shall be filed with the City Clerk,
City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008.
Ill
Ill
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the 14th day of May, 2013, by the following vote to wit:
AYES: Council Members Wood, Blackbum and Douglas.
NOES: Council Members Hall and Packard.
ABSENT: None.
ATTEST: