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HomeMy WebLinkAbout2012-07-03; Planning Commission; ; CUP 12-02 - GUNTHER'S RETAIL The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION Item No. Application complete date: March 14, 2012 P.C. AGENDA OF: July 3, 2012 Project Planner: Dan Halverson Project Engineer: Clyde Wickham SUBJECT: CUP 12-02 – GUNTHER’S RETAIL – Request for a Conditional Use Permit to allow for a 965 square foot retail use within an existing office/warehouse business within the Planned Industrial zone on property located at 2717 Loker Avenue West, Suite B, in Local Facilities Management Zone 5. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6891 DENYING Conditional Use Permit CUP 12-02 based on the findings and subject to the conditions contained therein. II. INTRODUCTION The proposal involves the conversion of an existing industrial office space into a retail use within the Planned Industrial zone. The use would consist of approximately 10% (965 square feet) of the floor space of an existing on-line gift store being converted to a retail use which would consist of the sales of assorted gifts in addition to the transfer, sales, and storage of firearms. The use would be subordinate to the on-line sales of gifts which is allowed within the Planned Industrial zone. Staff finds that the proposed use is not consistent with the General Plan in that the retail use (the sales of assorted gifts and goods such as personalized license plates frames, glass vases, jewelry boxes, money clips, jewelry, liquor flasks, zippo lighters, and most recently firearms) is not clearly oriented to support the industrial office developments or their populations and therefore is recommending denial of the Conditional Use Permit. III. PROJECT DESCRIPTION AND BACKGROUND The project site is located at 2717 Loker Avenue West, Suite B, and is one of six buildings in an existing industrial office complex. The building, which fronts on Loker Avenue West, is 13,926 square feet in size, of which Gunther Gifts, an existing on-line sales business in operation since 1999, occupies approximately 9,650 square feet of the building. Gunther’s space is currently being used as office and warehouse space and is currently selling on-line assorted gifts and goods and more recently firearms. The applicant is now requesting a CUP to allow for a retail use within the existing office/warehouse. The retail use would be 10% of their business area and would consist of the retail sales of gifts including the transfer, sale, and storage of firearms. A letter, received by the City on April 18, 2012 from the applicant, addressing staffs letter of concern, describes the intended retail use and is attached to this report for reference (Attachment 5). 4 CUP 12-02 – GUNTHER’S RETAIL July 3, 2012 PAGE 2 The site and the surrounding area have a General Plan Land Use and Zoning designation of Planned Industrial (PI/P-M). The property is surrounded by industrial office buildings with the exception of a retail center located on the corner of Palomar Airport Road and Loker Avenue West. Vehicular access to the site is provided off of Loker Avenue West. Staff has reviewed the project extensively, and although it is able to meet all design standards, the project is not consistent with the intent of the P-M zone and the policies of the General Plan Land Use Designation of Planned Industrial (PI) as described in the analysis below. IV. ANALYSIS The proposed project is subject to the following plans, ordinances, standards, and policies: A. Planned Industrial (PI) General Plan Land Use designation; B. Carlsbad Airport Business Center Specific Plan – SP 200(B); C. Planned Industrial (P-M) Zone (CMC Chapter 21.34); D. Parking Ordinance (C.M.C. Chapter 21.44); E. Conditional Use Permit Regulations (CMC Chapter 21.42); and, F. Growth Management Ordinance (CMC Chapter 21.90) and the Zone 5 Local Facilities Management Plan. The recommendation for denial of this project was developed by analyzing the project’s consistency with the applicable policies and regulations listed above. The following analysis section discusses the reasoning for the denial with each of these regulations/policies. A. Planned Industrial (PI) General Plan Land Use designation The project site has a Planned Industrial (PI) General Plan Land Use designation. The General Plan Land Use Element states that the PI land use includes those areas currently used for, proposed as, or adjacent to industrial development, including manufacturing, warehousing, storage, research and development, and utility use. The Planned Industrial Implementing Policy (C.9) of the General Plan Land Use Element allows, by Conditional Use Permit, ancillary commercial, office, and recreational uses when clearly oriented to support industrial development and their populations. Traditional examples of ancillary commercial uses which clearly support the industrial park and their populations would include office supply retail, office equipment, blueprinting, copy and duplicating services, dry cleaning, deli’s, and personal grooming services. Accordingly, the proposed retail gift store use is not clearly oriented to support industrial office, manufacturing, and warehousing uses and therefore cannot be found consistent with the Planned Industrial (PI) General Land Use designation. For historical reference, there have been no CUP’s approved within the City for stand-alone retail uses within the PI Land Use designation. B. Carlsbad Airport Business Center Specific Plan – SP 200(B) Specific Plan SP 200 was first adopted in September 1986 and later amended in October 2002 (SP200B). SP 200B includes Planned Industrial as both the land use and zoning for all properties within the SP 200B boundaries. Primary uses allowed by right are those listed in Section 21.34.020 (Table A) of the Carlsbad Municipal Code (CMC). Because support services are CUP 12-02 – GUNTHER’S RETAIL July 3, 2012 PAGE 3 needed in the area, SP 200B identifies Auxiliary Uses as industrial support, business and professional office support, and certain retail uses which are allowed with a CUP. Additionally, SP 200B identified four lots, Lots 1, 15, 23, and 24 (currently known as Lots 44- 47, 49, 28, and 29) as being appropriate for the type of mixed support uses because they were located at the primary entrances and within the industrial park. These lots have been developed with industrial office uses and only Lot 44-47 (formerly Lot 1) has been developed with a supporting commercial center, which does include retail uses. The project is located on Lot 38 (formerly Lot 21) and was not identified in the Specific Plan as a desirable lot for permitting a mix of industrial support uses. Nonetheless, the proposed retail gift store use does not clearly support the industrial park users and therefore cannot be approved. All the development standards of the Specific Plan are the same as those found in the Planned Industrial Section of the CMC. These standards and their consistency will be discussed in Section C below. C. Planned Industrial (P-M) Zone (CMC Chapter 21.34) The site is zoned Planned Industrial (P-M) and is therefore subject to the provisions of Chapter 21.34 of the Zoning Ordinance. The intent and purpose of the Planned Industrial Zone is to allow the location of business and light industries engaged primarily in research and development, compatible light manufacturing, business and professional offices when engaged in activities associated with corporate offices or in activities whose primary purpose is not to cater directly to the general public and certain commercial uses that will cater to and be ancillary to the other uses, including industrial-office, which are allowed in the zone by right. The project is proposing to be located in an existing building that meets all development standards of the P-M zone. The current use, Gunther Gifts, an on-line assorted merchandise store, is a listed allowed use because it is storage, wholesale, and distribution facility which does not generate any general public pedestrian or automobile traffic to the site. CMC Section 21.34.020 Table A lists retail uses as allowed with the approval of a Conditional Use Permit approved by Planning Commission. This retail use would need to meet the purpose and intent of the zone for a CUP to be approved (as discussed in Section E below). Although the existing building and the on-line retail use meets the development standards, staff is recommending denial of the CUP due to the projects inconsistency with the purpose and intent of the P-M zone and Industrial General Plan Policy C.9 as described above. D. Parking Ordinance (C.M.C. Chapter 21.44) The allotted parking for the site was based on the assumption that all buildings would consist of a combination of office, manufacturing, and warehouse land uses. The project when approved (CT 03-12/PUD 03-08); was built with 215 parking spaces for the 80,548 square feet of building area divided into six buildings on site. Based on the assumption when built, this building (13,926 square feet) would require 30 parking spaces (5,163 office space = 21 spaces and 8,763 warehouse = 9 spaces). Based on the applicants current uses in the building, and when rounding up of fractional parking spaces, the total number of required parking spaces needed for this project with the City’s current standards would be 29 parking spaces. CUP 12-02 – GUNTHER’S RETAIL July 3, 2012 PAGE 4 The applicant’s proposal to use 965 square feet of the existing office space as a retail use is consistent with the City’s Parking Ordinance. Per Section 21.44.020 of the Carlsbad Municipal Code, office uses are parked at a higher rate, 1 space per 250 square feet, than the individual retail use at 1 space per 300 square feet. Since the applicant has 30 parking spaces and the retail use would require less parking than the current office use, the project is consistent with the City’s parking standards. E. Conditional Use Permit Regulations (CMC Chapter 21.42) The purpose of a 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. Retail is a conditionally allowed use within the Planned Industrial zone subject to the approval of the Planning Commission when it does not cater to the general public. This project site is within a planned industrial office complex which is adjacent to Loker Avenue West. There is office, manufacturing, and warehouse uses surrounding the site except for the commercial retail center on the corner of Palomar Airport Road and Loker Avenue West, which is permitted by the Carlsbad Airport Business Center Specific Plan (SP 200(B)). Due to the projects inconsistency with the General Plan, as stated above, the project does not satisfy finding number 1 below and therefore staff cannot recommend support for approval of the CUP. The four findings to approve a CUP are described 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. The proposed retail use is not in harmony with the Land Use Element of the General Plan in that the General Plan Land Use Industrial Implementation Policy C.9 states that the conditional use must be clearly oriented to support industrial development and their populations. As discussed in Section “A” above, the project does not comply with this General Plan Land Use Policy and therefore cannot be supported. Furthermore, the proposed retail use is not consistent with Specific Plan 200(B) as discussed in Section “B” above. 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. The proposed retail business does meet or exceed the zoning development regulations, is architecturally compatible with the surrounding industrial buildings, and the site is adequately designed to accommodate the current on-line operations. The project does not meet the intent and purpose of the zone, whose primary purpose is to cater to the industrial populations in the area and not to cater directly to the general public. Only retail commercial uses which will cater to and/or be ancillary to the other uses and populations in the zone are allowed. Therefore, the retail use is not consistent in supporting the neighboring industrial zone users and will be detrimental to surrounding industrial office uses and cannot be supported. 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 CUP 12-02 – GUNTHER’S RETAIL July 3, 2012 PAGE 5 the City Planner, Planning Commission or City Council, in order to integrate the use with other uses in the neighborhood. The retail use is proposed in an existing building that is adequate in size and shape and meets all development standards and parking regulations. The project cannot be supported due to its public serving nature which does not integrate with the industrial office 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. The proposed use will not increase ADT’s significantly (approximately 8 ADT increase) and the street system is adequate to handle any traffic generated by the use. F. Growth Management Ordinance (CMC Chapter 21.90) and the Zone 5 Local Facilities Management Plan The project is located within Local Facilities Management Zone 5 in the northeast quadrant of the City. The impacts on public facilities created by this project, and its compliance with adopted performance standards, are minimal to no impact. The small ancillary retail use would create approximately 8 additional ADT’s but no other impacts to the zone are created. V. ENVIRONMENTAL REVIEW Pursuant to Section 15270 of the California Environmental Quality Act (CEQA), CEQA does not apply to projects which a public agency rejects or disapproves. ATTACHMENTS: 1. Planning Commission Resolution No. 6891 2. Location Map 3. Disclosure Statement 4. Background Data Sheet 5. Applicant’s letter dated April 17, 2012 6. Exhibit A PAL OM A R AI R PORT RD LOKER AV WEST CUP 12-02Gunthers Retail SITE MAP SITE EL CAMINO R E A L LA COSTA AV A L G A R D C A R L S B A D B L Revised 01/06 BACKGROUND DATA SHEET CASE NO: CUP 12-02 CASE NAME: GUNTHER’S RETAIL APPLICANT: Lisa Gunther REQUEST AND LOCATION: Request for a Conditional Use Permit to allow for a 965 square foot retail use within an existing office/warehouse business within the Planned Industrial zone on property located at 2717 Loker Avenue, Suite B, in Local Facilities Management Zone 5. LEGAL DESCRIPTION: Lot 2 of Carlsbad Tract Map No. 03-12, in the City of Carlsbad, County of San Diego, State of California, According to Parcel Map No. 19517, Filed in the office of the County Recorder of San Diego County, June 30, 2004 APN: 209-081-38 Acres: 5.38 Proposed No. of Lots/Units: N/A GENERAL PLAN AND ZONING Existing Land Use Designation: Planned Industrial (PI) Proposed Land Use Designation: N/A Density Allowed: N/A Density Proposed: N/A Existing Zone: Planned Industrial (P-M) Proposed Zone: N/A Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site Planned Industrial(P-M) Planned Industrial (PI) Industrial Office/warehouse North Planned Industrial(P-M) Planned Industrial (PI) Industrial Office/warehouse South Planned Industrial(P-M) Planned Industrial (PI) Industrial Office/warehouse East Planned Industrial(P-M) Planned Industrial (PI) Industrial Office/warehouse West Planned Industrial(P-M) Planned Industrial (PI) Industrial Office LOCAL COASTAL PROGRAM Coastal Zone: Yes No Local Coastal Program Segment: N/A Within Appeal Jurisdiction: Yes No Coastal Development Permit: Yes No Local Coastal Program Amendment: Yes No Existing LCP Land Use Designation: N/A Proposed LCP Land Use Designation: N/A Existing LCP Zone: N/A Proposed LCP Zone: N/A Revised 01/06 PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): N/A ENVIRONMENTAL IMPACT ASSESSMENT Categorical Exemption, Negative Declaration, issued Certified Environmental Impact Report, dated Other, Pursuant to Section 15270 of the California Environmental Quality Act (CEQA), CEQA does not apply to projects which a public agency rejects or disapproves.