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HomeMy WebLinkAboutCUP 12-02; Gunther's Retail; Conditional Use Permit (CUP) (2)CITY OF CARLSBAD LAND USE REVIEW APPLICATION P-1 development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Pennits (FOR DEPT USE ONLY) Leaislative Permits O Administrative Pemiit • General Plan Amendment (FOR DEPT USE ONLY) I I Coastal Development Permit (*) [J Minor ^ Conditional Use Pennit (*) I I Minor IZ] Extension I I Environmental Impact Assessment I I Habitat Management Permit CH Minor I I Hillside Development Permit (*) I I Planned Development Pennit I I Residential LH Non-Residential r~l Planned Industrial Permit I I Planning Commission Determination I I Site Development Plan I I Special Use Permit I I Tentative Tract Map I i Variance D Administrative C^J?m^ I I Local Coastal Program Amendment (*) I I Master Plan L] Amendment r~l Specific Plan H] Amendment • Zone Change (*) I I Zone Code Amendment List other applications not specified • • n n = eligible for 25% discount NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRINO ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P.M, ASSESSOR PARCEL NO(S).: PROJECT NAME: BRIEF DESCRIPTION OF PROJECT: BRIEF LEGAL DESCRIPTION: LOCATION OF PROJECT LoVer fwev\oe^ uJj2sV, Co^<-\.sWA.^ CA STREET ADDRESS ON THE: SIDE OF (NORTH, SOUTH. EAST. WEST) 3ETWEEN AND (NAME OF STREET) (NAME OF STREET) (NAME OF STREET) P-1 Paqe 1 of 5 Revised 07/10 Lisa. (SvnfAer OWNER NAME (Print): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: 7^0-^76Xlll EMAILADDRESS: APPLICANT NAME (Print): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: V5 I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. A: SIGNATURl I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE SESI OF MY KNOWLEDGE. DATE SIGNATURE DATE APPLICANT'S REPRESENTATIVE (Print): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND ANY SUOfcESSORS IN INTEREST. ERTY OWNER SIGNATURE FOR CITY USE ONLY RbCElVED FEB 1 3 2012 CITY OF CARLSBAD PLANNING DIVISION DATE STAMP APPLICATION RECEIVED RECEIVED BY: P-1 Page 2 of 5 Revised 07/10 City of Carlsbad Faraday Center Faraday Cashiering 001 120440M 02/13/2012 32 Mon, Feb 13, 2012 02:33 PH Receipt Ref Nbr: Rl204401-1/0042 PERMITS - PERMITS Tran Ref Nbr; 120440101 0042 0046 Trans/Rcpt#: R0088383 SET #: CUP12002 Ainount: 1 @ $4,519.55 Item Subtotal: $4,519.55 Item Total; $4,519.55 1 ITEM(S) TOTAL: $4,519.55 Credit Card (Auth# 09330G) $4,519.55 Total Received; $4,519.55 Have a nice day! **************[;USTOMER COPY************* City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 lilllllllllllllllil Applicant: GUNTHER LISA Description CUP12002 2717 LOKER AV WEST CBAD Amount 4,519.55 Receipt Number: R0088383 Transaction Date: 02/13/2012 Transaction ID: R0088383 Pay Type Method Description Amount Payment Check 4,519.55 Transaction Amount: 4,519.55 ^ DISCLOSURE Development Services < I STATEMENT Planning Division "^CITYOF P1/A) 1635 Faraday Avenue PARI SRAD (760)602 4610 ^—L_ JL/AALy www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which wiil require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information IVIUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any indiviclual, firm, co-partnership, joint venture, association, social club, fratemal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political sutxJivision or any other group or combination acting as a unit' Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separat^e^m^y b^.U|ched if necessary.) <iVs I wc. Person Gx^-vV^^^T" Corp/Part LASOL. CJL/^r^•V^^e^• Title Pc^N^vy-y Title CTo Address 2-^16" Coo«V (W^- Address -Z^sn^ Co^s-V pc>^. 2. OWNER (Not the owner's agent) Provide the COIVIPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person (3r«gy\ 6rwv4V<2/r Corp/Part U\So>. (S^VWeir Title Pngs'^Aevc^ Title CJf^ Address LoV-er /V/g- U^sV Address "Z-1\~7 UoWer PTN^. LO^S^ p-1 (A) Page lof 2 Revised 07/10 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust Title Title Address Address Have you had more than $500 worth of business transacted with any member of City Staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? / I I Yes 2 No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Signature of owner/date Signature of applicant/date Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent p-1 (A) Page 2 of 2 Revised 07/10 ^ PROJECT Development Services <r DESCRIPTION Planning Division P-1(B) www.carlsbadca.gov c I T Y O F p 4(a\ 1635 Faradav Avenue CARLSBAD ' PROJECTNAME: G\J y\ VUer APPLICANTNAME: Uv^<3^ 6ruv\-VW Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: 5ee 2> ^^^^ l<2^ifef- (LiJi^ E--VB>-2x^l2_ P-1(B) Page 1 of 1 Revised 07/10 ^ HAZARDOUS WASTE Development Services <A AND SUBSTANCES Planning Division ^ CITY OF STATEMENT 1535 Faraday Avenue CARLSBAD p.^c^ (760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Govemment Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the Califomia Environmental Protection Agency and hereby certify that (check one): The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Govemment Code. I I The development project and any altematives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT PROPERTY OWNER Name: L^xSc^. CSv>^v\^W C Name; Address: 2n\1 U?V^r fVve. VA^-esV Address: ^QJ^^ Phone Number: 'lirD ^ 3RD-MSS]g? <l€l\phone Number: Address of Site: Z-TV"? Lok^r (\rs]^ UJ^si-, SU"^ "V^ ^ O^rlsV)^^ CA Local Agency (City and Countv): CAV^ Ov-rV«ra\ocx-A. Assessor's book, page, and parcel number: ^ccrce\ A<Q . 2-0*^—~3>^-"0D Specify list(s):. Regulatory Identification Number. Date of List: Applicant Signature/Date Property Owner Signature/Date The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1 (C) Page 1 of 2 Revised 07/10 2/13/2012 '/..^f Dear Planning Commission: Gunther Gifts Inc. has been proudly conducting business in Carlsbad since 1999. As you know, we specialize in personalized gifts and have recently expanded our product line to include firearms. We thank you very much for approving our company to stock and sell firearms online in the City of Carlsbad. On February 2, 2012, Robert Sison, Senior Investigator with the U.S. Department of Justice, Bureau of Alcohol, Tobacco & Firearms, toured Gunther Gifts' facility and conducted a 4-hour interview with all parties concerned. The following week, Gunther Gifts Inc. and its facility were approved and issued a Federal Firearms License (FFL) by the U.S. Department of Justice. He mentioned that this is the first license ever issued to a Carlsbad business or individual by the ATF. Although the U.S. Department of Justice has approved Gunther Gifts Inc. DBA Gunther Guns to transfer, sell and store firearms, we cannot conduct business within the planned industrial zone without express permission from the City of Carlsbad. We hereby respectfully request a Conditional Use Permit Level 2 for Retail. Currently, business owners and building owners operating in the planned industrial community have to travel outside Carlsbad to transfer or purchase a firearm. This CUP will allow these clients to be serviced within the City of Carlsbad for the first time. Gunther Gifts Inc. DBA Gunther Guns is currently licensed by the Federal Government and approved by the City of Carlsbad to buy, sell and transfer firearms online within the United States. Oddly enough, without a CUP 2, the only people in the nation that will not be able to purchase from our company are the citizens and business owners of Carlsbad's planned industrial community. Therefore, we are formally requesting the City of Carlsbad to allow retail sales of firearms and accessories in addition to internet sales of firearms at 2717 Loker Avenue West, Suite B, Carlsbad, California. To summarize why a CUP is needed: a. We are the only business in Carlsbad that has been granted a FFL (Federal Firearms License) after inspection by the ATF. No others have qualified (this was stated to us by the ATF Senior Investigator that visited/approved us). b. Local business owners should not have to leave Carlsbad in order to purchase, transfer or ship firearms. They should be able to do so within the City of Carlsbad. c. In order to assist members of the planned industrial zone in the purchase, transfer or shipping of a firearm, it is necessary to have a FFL. Conditions of the FFL state that all paperwork and firearm storage must be done in a secure and fully documented fashion on the premises. By federal law, if a person in the industrial area wants to purchase a firearm on our website or over the phone, he must walk-in to present his identification and fill out a form to go through a background check and 10-day waiting period. After that time passes and his background check is acceptable, he is required to pick up the firearm at this location because this location has the FFL and it is federal law. Currently, the City of Carlsbad has approved us for online firearm sales. That works perfectly when a customer is outside the state of California. In that case, we ship to the nearest FFL holder to our out-of-state customer and our customer has to complete federal paperwork, local background checks and do final pickup with that FFL holder in his home state. Without the granting of a Conditional Use Permit for retail sales, a member of the industrial park can purchase a firearm online or over the phone but he cannot physically take possession of it. If the city does not allow him to walk into the building to complete the transaction as is required by federal law, the firearm has to be shipped or transported to a FFL in San Marcos or Oceanside (which would be a direct competitor) and ask them to complete the transaction. The transaction needs to be permitted to be completed in the City of Carlsbad in order for us to serve the planned industrial zone. d. No traffic impact from local businesses is expected. In 21.34.020 Permitted Uses ofthe Carlsbad, California Code of Ordinances, it states that a particular use is permitted if "it is specifically listed in Table A ofthis chapter as permitted or conditionally permitted". Table A lists "Retail uses" as permitted with a CUP 2. e. In that same table A, a deli is permitted under a CUP 1. We do not expect to come close to the traffic a deli generates throughout the day while serving the immediate area. f. Gunther Guns would operate discretely and no additional signage would be needed on the building as it already says "Gunther" in large blue letters on the building. Also, the front entrance to the retail area does not face the street (Loker Ave). g. No new construction is needed. h. Retail area would take up a maximum of 1359 square feet. i. Per Kelly Telleson from Spectrum Management (property manager of this 6 building park) 2717 Loker has 30 allocated parking spaces. With the current usage and proposed retail usage, we require 28 parking spaces. We are within our allocated amount of parking spaces so parking will not be an issue. Calculations of square footage are attached. "Exhibit D" from Kelly stating our allocated parking spaces is attached. We will be happy to address any questions the City of Carlsbad or members of the planned industrial zone may have in regards to this matter. We are very excited and proud to be the only business ever approved in Carisbad by the U.S. Department of Justice and look forward to serving the planned industrial zone of the City of Carisbad. Sincerely, Gregg Gunther 32° President of Gunther Gifts Inc. Lisa Gunther CFO of Gunther Gifts Inc. (5) (D © vjs^ c.^u<^ouivrio)0 t t /V/2^ (?) T Q> (D G Mr^e df^^'^^^ h^ifdrrs^ }S -H^-Ul I^^^S' s^.-P-h Ca.ic^i^-^'^''^ ^'3^ uses f^c?/^ /v^Y 6 /^r^ef^s ^^^^ ^-A^^'^^ :::: 300 fi,l>U/^!> Tt> :2-«^ f>g(t "^Xtf/^/T b" fr^^M Kelly T^/I^so^ -f'^"'^ EXHIBIT "D" Maximum Buildiag Area, Allocable Share, aud Allocated Parking Spaces Maximum Allocable Share Building Area Allocated of Common Building Number Lot Number (Square Feet) Parking Spaces Expenses N/A Lot 1 N/A N/A N/A 2717 Lot 2 13,932 30 17.3% 2719 Lots 14,512 22 18.0% 2721 Lot 4 16,672 29 20.7% 2715 Lots 11,449 37 14.2% 2713 Lot 6 9,418 24 11.7% 2711 Lot 7 14,600 59 . 18.1% Totals 80,583 Sq. Ft 201** 100% ** Note that as of the date of this Declaration there are 24 unallocated parking spaces within the Project, which unallocated parking spaces are for the use of all ofthe Lots as set forth in Section 8.2 ofthis Declaration. -LOSAl :89449.v3 ^ ^ ni f* AAFV CITY OF I^Uh VcARLSBAD Planning Division www.carlsbadca.gov PLANNING COMIVIISSION NOTICE OF DECISION July 5, 2012 Lisa Gunther 2717 Loker Ave. West, Ste.B Carlsbad, CA 92010 SUBJECT: CUP 12-02 - GUNTHER'S RETAIL At the July 3, 2012 Planning Commission meeting, your application was considered. The Commission voted 4-0-1 to deny your request. The decision of the Planning Commission will become final on July 13, 2012. 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 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings is made accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Planner, Don Neu, Secretary of the Planning Commission, 1635 FaradayAvenue, Carisbad, CA 92008. If you have any questions regarding the final dispositions of your application, please contact your project planner Chris DeCerbo at (760) 602-4611 or chris.decerbo(5)carisbadca.gov. Sincerely, DON NEU, AlCP City Planner DN:CD:bd c: Data Entry File enc: Planning Commission Resolution No. 6891 1635 FaradayAvenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © FILE COPY <iW^^ CITY OF Cs-91-J:} V CARLSBAD Community & Economic Development www.carlsbadca.gov NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the Planning Commission of the City of Carisbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, July 3, 2012, to consider a request for the following: CASE NAME: CUP 12-02 - Gunther's Retail PUBLISH DATE: June 22, 2012 DESCRIPTION: 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. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. Copies of the staff report will be available online at http://www.carisbadca.Rov/cityhall/meetings/Pages/meeting-videos.aspx on or after the Friday prior to the hearing date. If you have any questions, or would like to be notified of the decision, please contact Chris DeCerbo in the Planning Division at (760) 602-4611, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00 p.m. at 1635 Faraday Avenue, Carlsbad, California 92008. APPEALS The time within which you may judicially challenge these projects, if approved, is established by State law and/or city ordinance, and is very short. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. • Appeals to the City Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission. CITYOFCARLSBAD PLANNING DIVISION Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® WOT ro SCALE SITE MAP Gunther's Retai CUP 12-02 City of Carlsbad Faraday Center Faraday Cashiering 001 1219801-2 07/16/2012 9B Mon, Jul 16, 2012 08:00 Receipt Ref Nbr: R1219801 -?/0n04 MISC - MISC FINANCIAL Fran Ref Nbr: 121980102 0004 0004 Name: THE LQFTLIN FIRM LLP Amoutit: 1 tl $17.56 Item Subtotal: $17,55 Item Total: $17.55 i ITEM(S) roiAL: |i7.b5 OfitCK (Cnk# 002728) $lf.55 Tu'*"ai Received; $!;.55 iiave a nice day! ^ CITYOFCARLSBAD ^ 1635 FARABI^ AVENUE CARLSBAD, CALMRNIA 92008 Cashier: (760) 602-2401 Water Utility Billing: (760) 602-2420 REC'D FROM v DATE ACCOUNT NO. DESCRIPTION AMOUNT 061- .^^10' ^y^/j nMad on (scycM paper. NOT VAUD UNLE^SyALiDATED BY CASH REGISTER TOTAL n S6 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbacl will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, August 28, 2012, to consider an appeal of a Planning Commission denial of 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 and more particularly described as: Lot 2 of Carlsbad Tract No. 03-12 in the City of Carlsbad, County of San Diego, State of California, According to Parcel Map Thereof No. 19517, Filed in the Office of the Coun- ty Recorder of San Diego County, June 30, 2004 Whereas, on July 3, 2012 the City of Carlsbad Planning Commission voted 4-0 to deny a Conditional Use Permit 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. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after August 24, 2012. If you have any questions, please contact Chris DeCerbo in the Planning Division at (760) 602- 4611 or chris.decerbo@carlsbadca.gov. If you challenge the Conditional Use Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: CUP 12-02 CASE NAME: GUNTHER'S RETAIL PUBLISH: AUGUST 17, 2012 CITY OF CARLSBAD/CITY COUNCIL a Gunther's Retail CUP 12-02 e NOT TO SCALF City of Carlsbad Office ofthe City Clerk 1200 Carlsbad Village Drive Carisbad, California 92008-1949 CITY OF CARLSBAD PROJECT PLANNER ^ ^ w RLE COPY VcARLSBAD Community & Economic Development www.carlsbadca.gov EARLY PUBLIC NOTICE "] PROJECT NAME: Guntlner CUP PROJECT NUMBER: CUP 12-02 This early public notice is to let you know that a development application for a Conditional Use Permit (CUP) to convert (approximately 10%) existing office/warehouse area of an existing business (Gunther Gifts) into retai! as an ancillary use. This use is within your neighborhood and iias been submitted to the City of Carisbad on February 13, 2012. The project application is undergoing its initial reviews by the City. LOCATION: 2717 Loker Avenue West PROJECT DESCRIPTION: The applicant is proposing to convert (approximately 10%) existing office/warehouse area of an existing business (Gunther Gifts) into retail as an ancillary use. A portion of the new business would also include the transfer, sales, and storage of firearms, as well as the existing assorted gift business. Please keep in mind that this is an early public notice and that the project design could change as a result of further staff and public review. A future public hearing notice will be mailed to you when this project is scheduled for public hearing before the Planning Commission. CONTACT INFORMATION: If you have questions or comments regarding this proposed project please contact Dan Halverson, Assistant Planner by email at: Daniel.Halverson(a)carisbadca.gov ,or by phone at: 760-602-4631, or at the City of Carisbad Planning Division, 1635 FaradayAvenue, Carlsbad, CA 92008. Planning Division 1635 Faraday Avenue, Carisbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® OF CARLSBAD PROOF OF PUBliKSAIiOi (2010 & 2011 CC.1>.7 STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a of the County aforesaid: I am over thc eighteen years and not a party to or inte the above-entitled matter. I am the princi of the printer of North County Times Formerly known as the Blade-Citizen c Times-Advocate and which newspapers ha adjudicated newspapers of general circuli the Superior Court of the County of Sar State of California, for the City of Oceans the City of Escondido, Court Decree 171349, for the County of San Diego, t notice of which the annexed is a printed c( in type not smaller than nonpariel), ha published in each regular and entire issue newspaper and not in any supplement the the following dates, to-wit: June22"^ 2012 This space is for the County Clerk's Filing Stamp PLANNING COMMISSION PUBLIC HEARING IS HEREBY GIVEN to you, because your interest may be affected, that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, July 3, 2012, to consider the following: 1) 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 Ave-nue West, Suite B, in Local Facilities Management Zone 5. The project is exempt from the California Environmental Quality Act. 2) CUE 204(E1X1: SAINT PATRICK PARISH SCHOOL - Request for a retroactive five (5) year extension of CUP 204(E) to allow the continued operation of Saint Patrick Parish and School uses, which Include a church, parish center, house, playground, parking lot, nine mobile classroom buildings, and a Garage Thrift Store on property generally located north of Tamarack Avenue, south of Magnolia Avenue, east of Pio Pico Drive and west of Adams Street, within Local Facilities Management Zone 1. The project is exempt from the California Environmental Quality Act. 3) RP 12-13/ CDP 12-04 : ARMY & NAVY ACADEMY ATHLETIC FACILITY - Request for a recommendation of ap-proval of a Major Review Permit an^ Coastal Development Permit to allow for the demolition of all existing structures on site and the construction of a new two-story athletic facility, press box with stadium seating, maintenance building, and the installation of a new artificial turf field, lights and a new perimeter fence on the property located at 2605 Carisbad Boulevard in Land Use District 9 of the Village Review Zone. The project is exempt from the California Environmental Quality Act. This project is not located within the appealable area of the Califomia Coastal Commission. 4) SDP 12-01 : VISTA LA COSTA APARTMENTS - Request for approval of a Site Development Plan to allow for the development of a 19-unlt residential apariment project on a 0.88-acre infill site generally located on the north side of Gibraltar Street, south of the La Costa Golf Course, between Jerez Court and Romeria Street, and In Local Facilities Management Zone 6. I certify (or declare) under penalty of perj theprojed is exempt from the California Environmental Quality Act. the foregoing is true and correct. Dated at Escondido, California On This T^f^'^T^sy June 2012 Jane Allshouse NORTH COUNTY TIMES Legal Advertising If you challenge these projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to fhe public hearing. Copies of the environmental documents are available at the Planning Division at 1635 Faraday Avenue during regular business hours from 7:30 am to 5:30 pm Monday through Thursday and 8:00 am to 5:00 pm Friday. Those persons wishing to speak on these proposals are cordially invited to attend the public hearing. Copies of the staff reports will be available online at http://carisbad.oranicus.com/ViawPiiblisher.php7view id=6 on or after the Fnday pnor to the hearing date. If you have any questions, please call the Planning Division at 760-602-4600. PUBLISH: June 22, 2012 CITY OF CARLSBAD PLANNING DIVISION not 2317450 <£f^f^ CITY OF V (CARLSBAD Planning Division LE www.carlsbadca.gov June 13, 2012 Lisa Gunther 2717 Loker Avenue West, Suite B Carlsbad, CA 92010 SUBJECT: CUP 12-02 - GUNTHER'S RETAIL The preliminary staff report for the above referenced project will be sent to you via email on Wednesday, June 20, 2012, after 8:00 a.m. This preliminary report will be discussed by staff at the Development Coordinating Committee (DCC) meeting which will be held on June 25, 2012. A twenty (20) minute appointment has been set aside for you at 9:00 AM. If you have any questions concerning your project you should attend the DCC meeting. It is necessary that you bring the following required Information with you to this meeting or provide it to your planner prior to the meeting in order for your project to go forward to the Planning Commission: 1. Unmounted colored exhibit(s) of your site plan and elevations 2. A PDF of your colored site plan and elevations The colored exhibits must be submitted at this time to ensure review by the Planning Commission at their briefings. If the colored exhibits are not available for their review, vour proiect could be rescheduled to a later time. The PDF of your colored site plan and elevations will be used in the presentation to the Planning Commission and the public at the Planning Commission Hearing. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) and the PDF here by the scheduled time above. Should you wish to use visual materials in your presentation to the Planning Commission, they should be submitted to the Planning Division no later than 12:00 p.m. on the day of a Regular Planning Commission Meeting. Digital materials will be placed on a computer in Council Chambers for public presentations. Please label all materials with the agenda item number you are representing. Items submitted for viewing, including presentations/digital materials, will be included in the time limit maximum for speakers. All materials exhibited to the Planning Commission during the meeting (slides, maps, photos, etc.) are part of the public record and must be kept by the Planning Division for at least 60 days after final action on the matter. Your materials will be returned upon written request. If you need additional information concerning this matter, please contact your Planner, Dan Halverson at (760) 602-4631. Sincerely, DON NEU, AlCP City Planner DN:DH:sm c: File Copy Clyde Wickham, Project Engineer 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® CITYOFCARLSBAD ^'*'^« REVIEW AND COMIVIENT MEMO DATE: FEBRUARY 13, 2012 PROJECT NO(S): ^12-02 REVIEW NO: 1 PROJECT TITLE: GUNTHER APPLICANT: LISA GUNTHER TO: ^ Land Development Engineering - Terie Rowley ^ Police Department - J. Sasway Fire Department - Greg Ryan Building Department - Will Foss I I Recreation - Mark Steyaert I I Public Works Department (Streets) - Nick Roque I I Water/Sewer District ^ Landscape Plancheck Consultant - PELA I I School District I I North County Transit District - Planning Department I I Sempra Energy - Land Management I I Caltrans (Send anything adjacent to 1-5) I I Parks/Trails - Liz Ketabian *ALWAYSSEND EXHIBITS FROM: PLANNING DEPARTMENT Please review and submit written comments and/or conditions to the f LANNING TRACKING DESK in the Planning Department at 1635 FaradayAvenue, bv 3/5/12. Ifyou have "No Comments," please so state. If vou determine that there are items that need to be submitted to deem the application "complete" for processing, please immediatelv contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS: Signature Date PLANS ATTACHED Review & Comment 03/10 CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: FEBRUARY 13, 2012 PROJECT NO(S): mUP 12-02 REVIEW NO: 1 PROJECT TITLE: GUNTHER APPLICANT: LISA GUNTHER TO: M • • • • • • • • Land Development Engineering-Terie Rowley Police Department - J. Sasway Fire Department - Greg Ryan Building Department - Will Foss Recreation - Mark Steyaert Public Works Department (Streets) - Nick Roque Water/Sewer District Landscape Plancheck Consultant PELA School District North County Transit District - Planning Department Sempra Energy - Land Management Caltrans (Send anything adjacent to 1-5) Parks/Trails - Liz Ketabian *ALWAYS SEND EXHIBITS FROM: PLANNING DEPARTMENT Please review and submit written comments and/or conditions to the KiiANNING TRACKING DESK in the Planning Department at 1635 Faraday Avenue, bv 3/5/12. Ifyou have "No Comments," please so state. If vou determine that there are items that need to be submitted to deem the application "complete" for processing, please immediatelv contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS: S^u&MiT fci^T^F^^ Cmt^CyirdF (To^off^A-Kscuj ^e^'/T- Signature Date PLANS ATTACHED Review & Comment 03/10 PROJECT NUMBER: BUILDING ADDRESS: Discretionary Review Checklist CUP 12-02 2717 LOKER AV WEST GUNTHER. PROJECT DESCRIPTION: FIREARMS SALES (RETAIL) ASSESSOR'S PARCEL NUMBER: 209-081-38-00 FIRE DEPARTMENT APPROVAL The item you have submitted for review has been approved. The approval is based on plans, information and/or specifications provided in your submittal; therefore, any changes to these items after this date, including field modifications, must be reviewed by this office to insure continued conformance with applicable codes. Please review carefully ali comments attached, as failure to comply with instructions in this report can result in suspension of permit to build. By: <y. Rya4^' Date 3/2/2012 DENIAL Piease see the attached report of deficiencies marked with 13. Make necessary corrections to plans or specifications for compliance with applicable codes and standards. Submit corrected plans and/or specifications to this office for review. By: By: By: Date Date: Date: ATTACHMENTS FIRE DEPARTMENT CONTACT PERSON NAME: Gregory L Ryan Deputy Fire Marshal ADDRESS: 1635 Faraday Ave Carlsbad, CA 92008 PHONE: (760) 602-4663 CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: FEBRUARY 13, 2012 PROJECT NO(S): CUP 12-02 REVIEW NO: 1 PROJECTTITLE: GUNTHER APPLICANT: LISA GUNTHER TO: Land Development Engineering-Terie Rowley Police Department-J. Sasway Fire Department - Greg Ryan 1^ Building Department - Will Foss I I Recreation - Mark Steyaert I I Public Works Department (Streets) - Nick Roque I I Water/Sewer District ^ Landscape Plancheck Consultant - PELA I I School District I I North County Transit District - Planning Department I I Sempra Energy - Land Management I 1 Caltrans (Send anything adjacent to 1-5) I I Parks/Trails - Liz Ketabian *ALWAYSSEND EXHIBITS FROM: PLANNING DEPARTMENT Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the Planning Department at 1635 FaradayAvenue, by 3/5/12. Ifyou have "No Comments," please so state. If you determine that there are items that need to be submitted to deem the application "complete" for processing, please immediatelv contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you ,^ /l ys- ^ COMMENTS: H ^' Signature Date PLANS ATTACHED Review & Comment 03/10 CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: FEBRUARY 13, 2012 PROJECT NO(S): CUP 12-02 REVIEW NO: 1 PROJECTTITLE: GUNTHER APPLICANT: LISA GUNTHER TO: M M • • • • • • • • Land Development Engineering-Terie Rowley Police Department - J. Sasway Fire Department - Greg Ryan Building Department - Will Foss Recreation - Mark Steyaert Public Works Department (Streets) - Nick Roque Water/Sewer District Landscape Plancheck Consultant - PELA School District North County Transit District - Planning Department Sempra Energy - Land Management Caltrans (Send anything adjacent to 1-5) Parks/Trails - Liz Ketabian •ALWAYS SEND EXHIBITS FROM: PLANNING DEPARTMENT Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the Planning Department at 1635 Faraday Avenue, by 3/5/12. If you have "No Comments," please so state. If you determine that there are items that need to be submitted to deem the application "complete" for processing, please immediately contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS: Signature PLANS ATTACHED Review & Comment 03/10 The Loftin Firm LLP Attorneys at Law Via Email (chris. decerbo(a),carlsbadca.sov; don.neu(a),carlsbadca.eov) Personal Delivery & Facsimile (760-602-8559) July 12,2012 Don Neu, AlCP City Planner 1635 Faraday Avenue Carlsbad, CA 92008 Re: CUP-02 - Gunther's Retail Notification of Appeal Request for Costs Related to Preparation of Record Your Correspondence dated July 5,2012 Dear Don Neu: This office has been retained by Gunther's Retail to appeal the Planning Commission decision to the City Council and to prepare a Writ if that appeal is unsuccessful. The purpose of this correspondence is to request the preparation of the record of the proceedings and a cost estimate for the preparation ofthe record ofthe proceedings. Based upon your correspondence the deadline for requesting the record and paying the fee is July 23, 2012. Thank you for your attention to this matter. Sincerely, THE LOJTIN FIRM LLP L. Sue Loftin, Esq cc: Client End: Copy of Appeal 5760 Fleet Street, Suite 110* Carlsbad • California • 92008 T: 760.431.2111 • F: 760.431.2003 • www.loftinfirm.com • sloftin@loftinfirm.com M:\Gunther Gifts, lncM50 Clty\Ltr to Neu.7-12-l2.docx Client / File No GG-450 ^ CITY OF CARLSBAD APPEAL FORIVI P-27 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Date of Decision you are appealing: July 3, 2012 Subiect of the Appeal: BE SPECIFIC Examples: if the action is a City Planner's Decision, please sa) applications, (such as a Coastal Development Permit, Planned Unit Developm Permit, etc) please list all of them. If you only want to appeal a part of the whole action, please state that here. Please see fee schedule for the current fee. Case name: Gunther's Retail Case No.: CUP 12-02 Planning Commission cienial, PC Reso. No 6891 Reason(s) for the Appeal: PLEASE NOTE: The appeal shall specifically state the reason(s) for the appeal. Failure to specify a reason mav result In denial of the appeal, and you will be limited to the grounds stated here when presenting your appeal. BE SPECIFIC How did the decision-maker en-? What about the decision is inconsistent with local laws, plans, or poiicy? Please see Carlsbad Municipal Code (CMC) Section 21.54.140(b) for additional information (attached). Piease attach additional sheets or exhibits if necessary. Please see attached letter. NAME (Print): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: SIGNATURE: DATE: The Loftin Firm LLP 5760 Fleet Street, Suite 110 Carlsbad, CA 92008 (760) 431-2111 Sloftin@loftinfirm.com P.27 Page 1 of 1 Rev. 05/12 The Loftin firm LLP Attorneys at Law Via Hand Delivery & U.S. Mail July 12, 2012 Planning Division, Development Services CityofCarlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Re: APPEAL FORM P-27 CASE NAME: Gunther's Retail CASE NO: CUP 12-02 SUBJECT: Planning Commission Denial of Request for CUP, July 3,2012, Resolution No. PC - 6891 Dear Planning Division and related Departments: GENERAL INFORMATION This office has been retained to represent Gunther Gifts Inc., the owner of the property located at 2717 Loker Avenue West, Carlsbad and operator of the current sales of engraved tactical knives, assorted retail gifts online and via a printed catalog. Gunther Gifts, Inc. has been in business in Carlsbad since 1999 and is struggling to remain in business in Carlsbad. Due to the downturn in the economy, Gunther Gifts, Inc., must expand its business with additional merchandise to survive and to retain ownership of the building. The natural expansion item to the general merchandize currently offered by Gunther Gifts, Inc. is firearm sales. CURRENT ZONING AND LICENSES 1. ZONING: The property is zoned P-M zone which permits "ancillary commercial (retail) uses ...to support industrial developments with a CUP-2. See, ORD. 21.34.020, Table A, Retail; Land Use Element, p. 39, Amended September 14, 2010. 2. CARLSBAD BUSINESS LICENSE TO SELL FIRE ARMS: CityofCarlsbad granted Gunther Gifts Inc., a business license to transfer, sell and store firearms at the Loker site for online sales. 5760 Fleet Street, Suite 110* Carlsbad • California • 92008 T: 760.431.2111 • F: 760.431.2003 • www.loftinfirm.com • sloftin@loftinfirm.com M:\Gunther Gins\450 CityVAppeal to City Council 7-12-12.docx Client / File No GG-450 THE LOFTIN FIRM LLP Carlsbad Plsmning Coinmission APPEAL FORM P-27 July 12, 2012 Page 2 of3 3. STATE OF CALIFORNIA "CERTIFICATE OF ELIGIBILITY". The State of Califomia, after extensive background checks and FBI investigation, issued Gunther Gifts, Inc., the Certificate of Eligibility to sell firearms. 4. FEDERAL FIREARMS LICENSE (FFL): Gunther Gifts Inc. is the first corporation granted a FFL in the City of Carlsbad. The reason for the requested CUP-2 is that the State and Federal licenses require a "retail" outlet as part of their licensing requirements to sell to local persons/customers. BASIS FOR APPEAL 1. Finding No. 1: The Appellant contends that the proposed use is in harmony with the Land Use Element of the General Plan and the General Land Use Industrial Implementation Policy C.9 and is consistent with Specific Plan 200(B), all contrary to the asserted finding. 2. Finding No. 2: The Appellant contends that the project does meet the intent and purpose of the zone and is ancillary to the industrial use located at the site; is consistent with supporting the neighboring industrial zone uses; and will not be detrimental to the surrounding industrial uses, all contrary to the asserted finding. 3. Finding No. 3: The Appellant contends that the limited public serving nature of the proposal does integrate with the industrial uses in the neighborhood, all contrary to the asserted finding. CONCLUSION To preserve business and employment opportunities within this Industrial neighborhood and in recognition of the other and varies retail and/or public serving uses in this zone, we respectfully request the City Council approve this request for a CUP. Sincerely, THE LOFTIN FIRM LLP/ L. Sue Loftin, Esq. cc: City Council; Client End: Appeal Form P-27; Filing Fee, $1,011.00, dated 7/11/2012, check 003333, Noticing fee, $17.55, check 2728 5760 Fleet Street, Suite 110 • Carlsbad • California • 92008 T: 760.431.2111 • F: 760.431.2003 • www.loftinfirm.com • sloftin@loftinfirm.com M:\Gunther Gifts\450 CityVAppea] to City Coundl 7-I2.|2.docx Client / File No GG-450 RECEIVED JUN 2 5 2012 CITY OF CARLSBAD Dear Dan Halverson and Clyde Wickham: PLANNING DIVISION June 23, 2012 1 am in receipt of "A Report to the Planning Commission" which was sent via email on 6/21/12 by Bridget Desmarais. We have comments on the findings and wording included in said report 1. Section I recommends that our CUP be denied. It should be approved in the spirit of furthering business success in the PM Zone and in the City of Carlsbad. 2. As stated in our attached letter dated April 17, 2012, "our primary business is selling engraved tactical knives and assorted retail gifts online and via a printed catalog". Section 11 should be rewritten as: 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) ofthe floor space of an existing business which primarily sells engraved tactical knives and assorted retail gifts online and via a printed catalog. The retail use would also include private party transfers and sales of firearms. The use would be subordinate to and complimentary to the online tactical knife business along with the expansion into firearms. Retail is allowed in the General Plan in the Industrial zone with a CUP- 2. Staff finds that the proposed use is consistent with the General Plan in that it would support the industrial office developments or their populations by offering knives and firearms in a convenient location within the Planned Industrial Zone. Every warehouse in the Planned Industrial Zone is in need of knives in their daily operations of packing and unpacking boxes. Every business has a need for security and firearms are another means of security for personal and business purposes. This use is clearly oriented to support the Planned Industrial Zone. 3. In section 111, it is not necessary to say "is currently selling on-line assorted gifts and goods and more recently firearms" as that is covered in II. Same with "The retail use would be 10% of their business area and would consist of the retail sales of gifts including the transfer, sales, and storage of firearms." As per letter dated April 18, 2012, the primary focus of Gunther Gifts is sales of engraved tactical knives and assorted retail gifts online. 4. Additionally, section H's second paragraph mentions "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". This is does not emphasize the incredibly close vicinity of Gunther to existing retail. Gunther is located at 2717 Loker Avenue West Staples (a large retail store) is located at 2712 Loker Avenue West Gunther's location is literally steps (41 feet) away from a large retail store and a retail center. Section H's second paragraph states that 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". This does not stress the reality ofthe extremely close proximity of retail to Gunther's location. It implies that 2717 Loker is surrounded by industrial. It is not 2717 Loker has industrial its right and left sides and retail opposite its location at 2712 Loker. This should be rewritten with this emphasis. Section II mentions that the "Staff has reviewed the project extensively". This should be removed as it is not measurable or relevant Staff has not even visited the proposed retail location. 5. Section IV could be rewritten as discussing the "reasoning for the approval" instead of denial if the City Planners choose to be pro-small business. 6. IV-A states "traditional examples of ancillary commercial uses which clearly support the industrial park and their populations would included office supply retail, office equipment blueprinting, copy and duplicating services, dry cleaning, deli's and personal grooming services". This should be rewritten as positive. Accordingly, the proposed retail space is clearly oriented to support industrial office, manufacturing, and warehousing uses and therefore can be found consistent with the Planned Industrial (PI) General Land Use designation. All industrial offices, manufacturing and warehousing uses would find knives useful in their daily operation. The retail space would offer knives along with firearms which are useful to each and every business and building owner within the Planned Industrial Zone for additional security methods. 7. IV-A states "For historical reference, there have been no CUP's approved within the City of stand-alone retail uses within the Pl Land Use designation". This does not apply to the proposed Gunther retail space. Gunther is not seeking a "stand-alone retail" space. It is a small proposed retail space which would consist of only 10% of an existing building located at 2717 Loker Avenue West 8. IV-B, Paragraph 3 incorrectly states "the proposed retail gift store use does not clearly support the industrial park users and therefore cannot be approved." Retail knives and firearms clearly do support the industrial park users and therefore can be approved. 9. IV-C, Paragraph 2 is the first paragraph that makes a positive statement: "The project is proposing to be located in an existing building that meets all development standards of the P-M zone." Yes, 21.34.020 Table A lists retail uses as allowed with a CUP-2. The next sentence could positively state that "This retail use meets" instead of "This retail use would need to meet...." It is not proper to state "staff is recommending denial.... due to the project's inconsistency...." as the project is consistent with the purpose and intent of the P-M zone. 10. IV-D demonstrates that the proposed Gunther retail space is consistent with the City's Parking Ordinance. 11. IV-E, Paragraph 1 states that "the project does not satisfy finding number 1 below and therefore staff cannot recommend support for approval of the CUP." Please rewrite Finding 1 to state "the project does comply" and "therefore can be supported". Also "Furthermore, the proposed retail use is consistent with Specific Plan 200(B) as discussed in Section "B" above. 12. Finding 2 should read that "The project does meet the intent and purpose..." and "Therefore, the retail use is consistent in supporting the neighboring industrial zone users and will not be detrimental to surrounding industrial office, manufacturing and warehousing uses and thus can be supported." 13. Finding 3 incorrectly states "The project cannot be supported due to its public serving nature". As stated earlier, the retail knife and firearm store would serve the P-M zone. Gunther's primary and existing business is nearly completely online and this CUP is sought to serve the P-M zone which we are in. Currently, we find it odd to exist in the P-M zone since 1999 yet not serve it We have knives and tools which are desirable to the P-M zone. 14. The City of Carlsbad Planning Department has included "Planning Commission Resolution No. 6891" which is written such that the Planning Commission has denied Gunther's retail CUP. July 3, 2012 is in the future but the Planning Commission appears to have already denied the CUP without hearing all evidence or even held the public hearing. This does not make sense. How can the Planning Commission have already made a determination? Is not the purpose of the public hearing to allow for further clarification to the Planning Commission so that each member may know all facts and place a vote at that time? It appears that their vote has already been determined before they have even received the Planning Department's report Sincerely, Lisa Gunther CFO, Gunther Gifts Inc. FROM. :J A FfiX NO. : Apr. 18 2012 9:47AM Pl 4/18/12 to: DAN HALVERSON fax 760-602-8559 from: LISA GUNTHER Dan, please see attached 3 pages. They have been revised and are ready for you to submit so we can move forward on our CUP. Thank you for your help. Please email me at lisa@gunthergifts.cx)m so I know you have received these pages and are proceeding with the CUP process. Hg^fi^reat day, Lisa Gunther I i RECEIVED APR 1 8 2012 CITY OF CARLSBAD PLANNING DIVISION FROM. FAX NO. Ipr. 18 2012 9:48AM P2 April 17, 2012 Sunther Gifts Inc. 2717 Loker Avenue West Carlsbad, CA 92010 Chris DeCerbo CityofCarlsbad, Planning Division 1635 Faraday Avenue Carlsbad, CA 92008 Dear Mr. DeCerbo, RECEIVED APR 1 8 2012 CITY OF CARLSBAD PLANNING DIVISION In response to the letter dated March 14, 2012, from the City of Carlsbad Plannmg Division, there is an issue of concern noted as 'The proposal to conduct what appears to be primary retail business for the general public and to "transfer, sell, and store firearms" in the Planned Industrial (P-M) zone does not comply with the intent ofthe P-M zone." We would like to address this concern: 1. Gunther Gifts inc. has been conducting business in Carlsbad's P-M zone since 1999. Our primary business is selling engraved tactical knives and assorted retail gifts online and via a printed catalog. Firearm sales would be ancillary to our current knife business. We own the building located at 2717 Loker Avenue West and need to expand our business into retail due to the downturn in the economy at the end of 2008 which forced us to layoff 30% of our workers. We are not a new company seeking to pay low rent for a retail location within the P-M zone. We are an existing Carlsbad company that is looking for additional Income streams to support our $15,000 per month current building payment. The retail location would be ancillary to our existing business as well as our new venture into firearms. 2. The City of Carlsbad has already granted Gunther Gifts Inc. a business license to transfer, sell and store firearms at our Carlsbad warehouse for online sales. This is our main focus (and has been since 1999 with our existing business). Our primary retail business is online. 3. In 21.34,020, permitted uses are Iisted in the Table A. Retail Uses are allowed with a CUP-2. "Land Use Element" page 39, Amended September 14, 2010 in C.9 allows for "ancillary commerdal... uses when clearly oriented to support industrial developments". A small retail area (approximately 10% of our overall space) would be ancillary to our current busmess which has been in operation since 1999. A CUP-2 would allow us to serve the local business park, the law enforcement community and the new range/training center in Carlsbad. FROM, :5 FAX NO. : ^|pr. 18 2012 9:48ftM P3 4. A secondary side issue has come up that a CUP-2 Is needed from the City of Carlsbad to allow a member ofthe PM zone to be able to do the following: a. Purchase a firearm. b. Transfer /sell a firearm. c. Ship a firearm to a manufacturer or service center if repair or warranty is needed. d. Members of the P-M zone should be able to purchase firearms for business, recreation or personal security within the City of Carlsbad, namely within the P-M zone. Security is a concern for any business. e. Members of the P-M zone are currently not being served anywhere within the city of Carlsbad in regards to any firearms related issues. Since we are located in the P-M zone and have a Federal Firearms License from the US Department of Justice and approval from the Califomia Department of Justice, we would like to fill the needs ofthe P-M zone for firearm related issues. f. Gunther Gifts Inc. is not buried within the heart ofthe industrial zone but rather right on the fringe. The retail Staples Center is right across the street. Across Palomar Airport Road is another commercial zone which includes Stater Bros. We are on the edge ofthe P-M zone and practically in the commercial zone as it is. The small ancillary retail space we are seeking is meant to accommodate any incidental walk-ins that may occur and seem to already be presently occurring with other businesses in the P-M zone. 5. For the first time, the Carlsbad Police Department would be able to purchase firearms and related equipment and accessories within Carlsbad. We are eager to provide support to the local police department. The Gunther family is "true blue" with police officers in ourfamily for over 85 years. We would be proud to serve the Carlsbad Police. 6. California is only second to Texas in the amount of firearms in the state. This translates into many people wtthin the P-M zone that own firearms. There is a need for people to be able to sell, purchase and transfer firearms with Carlsbad's P-M zone. We would like to fill those needs. 7. As 40 year, long-term residents of North County, we believe that a firearms store is better suited to an industrial area than a retail area. This is the case with neighboring cities such as Oceanside and San Marcos as this issue has already come up. Oceanside has "Iron Sights" which is both a range and a retail establishment within an industrial zone. San Marcos has "North County Firearms" which is in an industrial zone and was granted a CUP in 2011 similar to what we are seeking. North County Firearms is located at 120 North Padfic Street #C1, San Marcos, CA 92069. 8. Gunther Gifts Inc. is the first corporation granted a Federal Firearms License (FFL) from the Department of Justice within the City of Carlsbad. PRpM, :i ^ FAX NO. : AP^- 1-8 2012 9:49AM P4 9. The state of California has also granted Gunther a "certificate of eligibility" after further background checks and FBI investigation. We have passed all necessary checks and received all required licenses on the state and federal levels. 10. These Federal and State licenses are meaningless without a CUP-2 from the City of Carlsbad. A CUP-2 is essential because any member ofthe P-M zone that purchases a firearm from Gunther Gifts Inc. must appear in person to take possession as per Federal and Slate law. 11. We would condua business differently from a regular gun store. Our primary business focus will still be online, but local people can pick up, sell their merchandise or send it back to factory for service from our store if they choose to. Our approach to local transactions will be by appointment only to offer a customer a different experience than he/she currently receives from established stores. Our focus will be to eliminate wait time at the counter. Our customers will set up an appointment, come in for paperwork and leave. Our intention is not to have people wait for service. It will be at a controlled pace to give the customer a personal, friendly experience that they are not currently receiving at any other store. 12. Allowing Gunther Gifts Inc a small retail area for ancillary use will enable us to hire back laid off employees. 13. Since the firearms business would follow a similar business plan as our existing businesses (which would be primarily online sales), we would expect a similar amount of random walk-Ins. In the case of a firearms store, we would anticipate 1-5 appointments per month from members ofthe P-M zone. The rest ofthe sales/activity would be online. 14. Please, give us the opportunity to address any of your concerns in person. We are confident that we can make a compelling case for a CUP-2. Gregg Gunther 32° Usa J. Gunther President CFO Oaniel Halverson From: Sent: To: Subject: Lisa Gunther GG/SKE/GW <lisa@gunthergifts.com> Wednesday March 28, 2012 10:01 AM Daniel Halverson Gunther - quick question Dan, Please see 21.42.030: 21.42.030 - Findings of fact. B. When the subject ofthe 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 ofthis 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. (Orel. NS-791 § 1 (part). 2006) Wouldn't the City of Carlsbad follow all the amendments to the U.S. Constitution? Not just specifically the 1^* Amendment. The 2"*^ Amendment ofthe U.S. Constitution gives people the freedom to keep and bear arms. Why are the people of the P-M Zone of Carlsbad currently required to go outside the city of Carlsbad in order to do this? Sincerely, Lisa Gunther %*CARLSBAD OFILE Planning Division www.carlsbadca.gov March 14, 2012 Lisa Gunther 2717 Loker Ave. West, Ste.B Carlsbad, CA 92010 SUBJECT: 1ST REVIEW FOR CUP 12-02 - GUNTHERS RETAIL Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your Conditional Use Permit application no. CUP 12-02, as to its completeness for processing. The application is complete, as submitted. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. The City may, in the course of processing the application, request that you clarify, amplify, correct or otherwise supplement the basic information required for the application. In addition, you should also be aware that various design issues may exist. These issues must be addressed before this application can be scheduled for a hearing. The Planning Division will begin processing your application as of the date of this communication. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Dan Halverson, at (760) 602-4631, to discuss or to schedule a meeting to discuss your application and to completely understand this letter. Sincerely, CHRIS DeCERBO Principal Planner CD:DH:bd c: Don Neu, City Planner Clyde Wickham, Project Engineer Chris DeCerbo, Principal Planner File Copy Data Entry 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® CUP 12-02 - GUNTHERS RETA March 14, 2012 Page 2 9 ISSUES OF CONCERN Planning: 1. Pursuant to Section 21.34.010 of the C.M.C. the intent of the Planned Industrial (P-M) zone is to allow for business and light industries and certain commercial uses which cater to and are ancillary to the uses allowed in the zone. Furthermore, the zone is not intended for activities that cater directly to the general public. The proposal to conduct what appears to be primary retail business for the general public and to "transfer, sell, and store firearms" in the Planned Industrial (P-M) zone does not comply with the intent of the P-M zone. To recommend approval of a Conditional Use Permit (CUP) for the ancillary retail uses as described in Section 21.34.010, staff has to make findings of fact. Finding number 1 of Section 21.42.030 of the C.M.C states that the requested use is necessary and desirable for the development of the community, and is in harmony with the various elements and objectives of the general plan. The General Plan Land Use Element Industrial section (C.9) reads that the City should allow, by conditional use permit ancillary commercial, office, and recreational uses when clearly oriented to support the industrial development and their populations. Staff cannot support the project because it does not meet the intent of the P-M Zone, the General Plan Land Use Element and staff cannot make the required findings for the Conditional Use Permit.