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Home My WebLink AboutCUP 12-15; Gunther's Retail 2; Conditional Use Permit (CUP) (2)CARLSBAD LAND USE REVIEW APPLICATION P-1 Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits 0 Administrative Permit 0 /Coastal Development Permit (*) M Conditional Use Permit (*) 0 Minor 0 Extension 0 Minor 0 Environmental Impact Assessment 0 Habitat Management Permit 0 Hillside Development Permit (*) 0 Planned Development Permit 0 Minor 0 Residential 0 Non-Residential 0 Planned Industrial Permit 0 Planning Commission Determination 0 Site Development Plan 0 Special Use Permit 0 Tentative Tract Map/Parcel Map D Variance D Administrative {FOR DEPT. USE ONLY) Legislative Permits {FOR DEPT. USE ONLY) 1~-IS 0 General Plan Amendment 0 Local Coastal Program Amendment (*) 0 Master Plan 0 Specific Plan 0 Zone Change (*) 0 Amendment 0 Amendment 0 Zone Code Amendment South Carlsbad Coastal Review Area Permits 0 Review Permit 0 Administrative 0 Minor 0 Major Village Review Area Permits 0 Review Permit D Administrative D Minor D Major (*) = eligible for 25% discount NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00P.M. ASSESSOR PARCEL NO(S).: c}oq -0~/-s~-Oo PROJECT NAME: BRIEF DESCRIPTION OF PROJECT: BRIEF LEGAL DESCRIPTION: LOCATION OF PROJECT: STREET ADDRESS ON THE: SIDE OF (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN AND (NAME OF STREET) (NAME OF STREET) P-1 Page 1 of 6 Revised 11/12 OWNER NAME (Print): ~+-L\.sc, (;uA-\~e,c-APPLICANT NAME (Print): ~--\-h~ ~ MAILING ADDRESS: 21\1 Lo~ (\-.Je. wes+ MAILING ADDRESS: '2.-l\( l-o\L€..-\ ,A-J·'€. Wes+ CITY, STATE, ZIP: CA,c\s b~ 1 c_A: qw\o CITY, STATE, ZIP: C.o...:c-\s bc...d_ ~ L-P. q "2..o \D TELEPHONE: I~QQ-41b-q~?:>~ ~H~ TELEPHONE: I CoO-l-\] b-S ~ 'X~~~ EMAIL ADDRESS: ~\s"'-~---8v"'%e.r~~ EMAIL ADDRESS: l \s"-@.: ~ vY'. 0\~ I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE. ~ THE BEST OF MY KNO~ LAM \'2-S"" -\2-l'L~--\'-lA3d SIGNATURE DATE SIGNA~-.,.. 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. 1/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 SUCCE SORS IN INTEREST. \ FOR CITY USE ONLY P-1 Page 2 of6 RECEIVED DEC 0 5 2012 CITY OF CARLSBAD PLANNING DIVISION DATE STAMP APPLICATION RECEIVED RECEIVED BY: Revised 11/12 Indemnification and Insurance Requirement for Village Area Administrative Permit Certification Statement: I Certify that I am the Legal Business Owner of the subject business and that all of the above information is true and correct to the best of my knowledge. I agree to accept and abide by any conditions placed on the subject project as a result of approval of this application. I agree to indemnify, hold harmless, and defend the City of Carlsbad and its officers and employees from all claims, damage or liability to persons or property arising from or caused directly or indirectly by the installation or placement of the subject property on the public sidewalk and/or the operation of the subject business on the public sidewalk pursuant to this permit unless the damage or liability was caused by the sole active negligence of the City of Carlsbad or its officers or employees. I have submitted a Certificate of Insurance to the City of Carlsbad in the amount of one million dollars issued by a company which has a rating in the latest "Best's Rating Guide" of "A-" or better and a financial size of $50-$100 (currently class VII) or better which lists the City of Carlsbad as "additional insured" and provides primary coverage to the City. I also agree to notify the City of Carlsbad thirty days prior to any cancellation or expiration of the policy. The notice shall be delivered to: City Planner City of Carlsbad 1635 Faraday Avenue Carlsbad The insurance shall remain in effect for as long as the property is placed on the public sidewalk or the business is operated on the public sidewalk. This agreement is a condition of the issuance of this administrative permit for the subject of this permit on the public sidewalk. I understand that an approved administrative permit shall remain in effect for as long as outdoor displays are permitted within the Village Review Area and the permittee remains in compli ermit. Signature ~ Date: \'"2....--s--\"""2- Certification Statement: I Certify that I am the Legal Property Owner for the subject business location and that all of the above information is true and correct to the best of my knowledge. I support the applicant's request for a permit to place the subject property on the public sidewalk. I understand that an approved administrative permit shall remain in effect for as long as outdoor displays are permitted within the Village Review Area and the permittee remains in complian~ved permn. Signature ~ Date: \L----'5""" -\L..-- P-1 Page 3 of6 Revised 11/12 • (~ '~ ~.:. "·-.• ~ CITY 0 F DISCL.OSURE STATEMENT P-1(A) Development Services Plan~lns Division 1635 Faraday Avenue (760) 602-4610 www .carlsbadca.gov CARLSBAD Applicant's statement or disclosure of certain ownership interests on all ·applications which will require discretionary action on the part of the City Council or any appointed Board, Commission . or Committee. · The following information MUST be disclosed at the time of application submittal. Your project cannot be re.viewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnershlpj jolntventur&t association; sociaf-'ciUbi fraternal. organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision 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 niust 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 corooratlon or partnership, include the names, titles, addresses of all individuals owning more than 1 0% 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 publicly--owned corporation, include the names, titles, and addresses of the corpora~e officers. (A separat~~i!Y ~~~c~;t.lf .necess~ry.) ~+'M-r Gi ~+s \V\c.. Person G:c~ GyY"~e-,.-Corp/Part USc\ ~4-e.r- Title 'P<"'e?;c;)e_V\.~ ntle ___ ...;:c:;...~~·------- Address 2..\"1«5' ·ecOJSt-f>Ne.. · Address 2X1S" ·co---s-\--fW.e· . So.."" Mo..rc.cs CA 'tl-01(" s~Y\ M.P-oer:.cc.,· c.A-C\"U>"1gl 2. OWNER (Not the owner's a~ent) . . P-1(A) Provide the COMPLETE. LEGAL names and addresses of & 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, ~tc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of alt' 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 publicly·owned corporation, include the names, titles, and addresses of the corporate officers. {A separate page may be attached if necessary.) . Gv'l\oo\-~~ LL..C . . ~~ex-\...\..C... Person . G:c~ ~~or · Corp/Part LASt>. ~~e-c- Title Qa2s\de"'--+ Title. ___ . ..:;;.C=:;.fb:a...... _______ _ Address -z.. "7 \"1 t..o'?e-r ~e W4s+ Address· -z..-1 \ i l-o~ r ~Vtl-• We~ · Sv\+e. S . Sv\tt.S fur\s'oo.d, Cfr '\""U>-ri' Co..r\~loeo..d, CA-C\'2..o1<f Page 1 of2 Revised 07/1 0 ' e ( 3. NON-PROFIT ORGANIZATION OR TRUST 4. 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 ProfiVTrust 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? ~0 If yes, please indicate person(s):. __________ _ Oves NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. ~ 2{"1''-\~,-frv ~ o-s OWV\"'f' Signature of own.er/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) Page2 of2 Revised 07110 ' ... ~<~ '-.,.,;; ·~ CITY 0 F CARLSBAD PROJECT DESCRIPTION P-1(8) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECTNAME: --~L2~u_n~~h_t_~_r_A?t~~~fa_,~·~------------------------- APPLICANT NAME: ------------'-------------- 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: P-1(8) Page 1 of 1 Revised 07/10 12/5/2012 Objective: Retail CUP-2 for an online business (Gunther Guns) selling firearms, ammunition and related gear at a portion of 2717 Loker Avenue West, Carlsbad, CA 92010 which will not exceed 10% of building square footage. Summary: 1. Carlsbad has already granted a business license to Gunther Guns for online firearm sales in 2011. 2. In order to conduct business, the following wording is required on the business license to satisfy the State of California Department of Justice: "Valid for Retail Sales of Firearms". 3. A retail CUP-2, as noted as a permitted use with CUP in Table A Chapter 21.34.020 of the Carlsbad Zoning Ordinance, is required for the proper wording on the business license. 4. Gunther Guns meets requirements for Retail CUP-2 in the P-M Zone: i. Access to firearms is a concern/use that is desireable to the individuals and businesses in the vicinity as an added option for security. It is currently lacking in the P-M zone and even the Carlsbad Police Department cannot purchase firearms and necessary ammunition within the city. ii. Gunther Guns will be members only (like gyms in the area) to limit/discourage public access and as an added security measure. iii. The proposed retail site of approximately 1359 square feet maximum (less than 10% of building square footage) has adequate parking and building facilities for proposed use. N i 21t7 L,.o~G:lZ-HI/ t: w t?S- CA--tzL-st3nD, c~ 9z.oto O'fr\C~ (£> B\o ~""'t> ® @ v..>Aa.El t\0'-'SE: or~\~ ® ft2.0foSESl> (Ur\Pc\L. ® ~ v.>A~ t\ov $6' CD RECEIVED , ! I";;' DEC 0 5 hit CITY OF CARLSBAD PLANNING DIVISION \\\ --,..,,....l SCALE':. ~ - Pt~A-® 0~~\C.E. (.\ (';i.) ll'1rt ··")(~-&)( ~.~) 1' su-\e.e (I~ ··~Ui·)(~)(~+) - t ~\u ( \2 .f.t )( rz. .f.\) == 't \ o-;sq - ~ \o\~ d"('"C..v.J\ Vlo!) sco· f+ Pt-{2E p.. ~ 0.\ c.t=E ( I ~ i•) (_I 1ti-1>\) ( u; !+-) ( ~ ~) -I I 1 2. s t · -f+ (sz. ~)(2~ f-\-J ~ ,,.,~ 0,0>-W\>'I.~ (ho ft) (;" ~) t feA... bl~. O..co..w'"' t e e o/fice.. 6'11 office.. /t7Z- - f.er /a.r-1e-clrtAWi"J b...-dd,~ ;s fofp._/ /312-S"' sg. -{2-f. fVI y CG<-1 C,.V I ()L f-i .. " 5 s h (} tfo} .,.. f ,_, <1. .s /'{ z. ~I 5$ . -Pf . tYl'f CA{<Wfa.fr"Oi15 a.re.. .::l% hi:Jh bvt" ,;er-1 c/o.s.e... • EXHffilT"D" ~aximum Building Area, Allocable Sha_re, and Allocated Parking Spaces- Maximum Allocable Share Building Area Allocated· of Common Building Number Lot Number (Square Feet) Parking Spaces Expenses N/A Loti N/A N/A N/A 2717 Lot2 13,932 30 17.3% 2719 Lot3 14,512 22 18.0% 2721 Lot4 16,672 29 20.7% 2715 LotS 11,449 37 14.2% 2713 Lot6 9,418 24 11.7% 2711 Lot7 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 of the Lots as set forth in Section 8.2 of this Declaration. · · -LOSAI :89449.v3 f fl!l-Jt:-!fJ6-•sf'.4Ct?5 jl)bGD~ Fof2-IJV!t-DIIVG-/3!r5Et> t/;J U.SE5 pot<. ft'ty 6 /}/Zffl.S / OPO S?J · f+. WAre hl)vse.. -I / tt (" ~ i17.J - 3 ()() $~. /-f r~ ~A-t' I ~ I fa. rfe-,·,J i .,d f Y't J viA. / z,-o 7p' ff office.. =-I fa.. y fo-i i'\j 3otJ .sz. ft· /3!0 (2...rD -I f A r 1:-r':J --b• !77 -- /JIZ-:;...----::::::-lf. {, 7 Z-9 @ zo63 c,, ~&" -----3oo (J) 2-lf'Z--0 :::: 2.,'12---;otPo _5~AC€... 5f1AC€_ .Sf fA.C e._ 5fa.c..e.. e e ferz ''E'f.ff/811 D" Ftu/A Ke/1'1 7€./{eSoY'I -fr-cm s ~c -fy-v"" /Vl Ml "'} e yr1 e" f ( t:JV r f ror!r+ I WI fA >1 ":) e r) J 2717 ~~ ··\ ... HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Service~, Plannin1 Division 1635 Faraday Avenue (760) 602-4610 www .carlsbadca.gov -~ CITY OF CARLSBAD Consultation of lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites list compiled by the California Environmental Protection Agency and hereby certify that (check one): u1' The development project and any alternatives proposed in this application am not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. D The development project and any alternatives proposed in this application D contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name:_-:k~\So...::IQCI..........,;G-v:::.::;..;;:;;..Y\.:....:...::-\-:...:k~r~--- PROPERTY OWNER Name: _________ _ · Address: 2"1 0 Lo¥fc f\Ye-W"ls\-Address: ..c:/. V't\-JG.; l ""v=;:s ~c.~'-veT u.. .. \~'oo,A CA: q2oro o::::~P ~' Phone Number: 7/d)-3F\D-4~ cel\Phone Number: _________ _ 7bO·-L\lb-'-t\3\ 1'\\~~c.JL Address of Site: 'Z.-1\"1 Lok..er A-v~ ~~~ Sv\~ "\\ 1 local Agency (City and County): C\\-'\ of C.O....-r\c;,'q"-d Assessor's book, page, and parcel number: ~~~c.e..\ (\a. '2-o5-0~\ -!,~-0p Specify list(s): _____________________________ _ Regulatory Identification Number:. ____________________ _ Date of List ___________________________ _ ~~ 2-\3-\J,.-. Applicant Signature/Date ~2.--G-l'L 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 of2 Revised 07110 • CITY OF CARLSBAD A 1635 FAR~ ~AVENUE CARLSBAD, CALliiORNIA 92008 Cashier: (760) 602-2401 Water Utility Billing: (760) 602-2420 REC'D FROM ___ __,dat.L-I....Lt--=S:...::.A...::..._~C~ull!l....L..Jnu.f-6~.e:::..=.r ______ DATE ACCOUNT NO. <t) Printed on recycled paper. DESCRIPTION NOT VALID UNLESS VALIDATED BY CASH REGISTER TOTAL 3-e::~~ -13 AMOUNT /36ct 65 Faraday Center 1 Faraday Cashiering Date Time: 03/25/2013 10:25:AM CARD NBR: **** **** **** 8860 EXP DATE: 01/15 TRANS TYPE: PURCHASE AMOUNT: $1359.55 AUTH#: 06265G PAYFILE/CUST: 1308401-2/2 SIGN: __________ _ **************CUSTOMER COPY************* .. City of Carlsbad Faraday Center Faraday Cashiering 001 1308401-2 03/25/2013 98 Man, Mar 25, 2013 10:23 AM Receipt Ref Nbr: R1308401-2/0002 MISC -MISC FINANCIAL Tran Ref Nbr: 130840102 0002 0002 Name: LISA GUNTHER Amount: Item Subtota 1 : Item Tot a 1: POSTAGE -POSTAGE 1 @ $1,342.00 $1,342.00 $1,342.00 Tran Ref Nbr: 130840102 0002 0003 Name: LISA GUNTHER Amount: Item Subtota 1 : Item Tot a 1: 2 ITEM(S) TOTAL: 1 @ $17.55 $17.55 $17.55 $1,359.55 Credit Card (Auth# 06265G) $1,359.55 Total Received: $1,359.55 Have a nice day! **************CUSTOMER COPY************* _4f~_A. CITY OF VcARLSBAD • Community & Economic Development PLANNING COMMISSION NOTICE OF DECISION March 21, 2013 Lisa Gunther Suite B 2717 Loker Avenue West Carlsbad, CA 92010 SUBJECT: CUP 12-15-GUNTHER'S RETAIL 2 • Mad ?J(vi/D F\LE COPY www.carlsbadca.gov At the March 20, 2013 Planning Commission meeting, your application was considered. The Commission voted 4-1 to deny your request. The decision of the Planning Commission is final on the date of adoption unless a written appeal to the City Council is filed with the City Clerk within ten {10) calendar days in accordance with the provisions of Carlsbad Municipal Code section 21.54.150. The written appeal must specify the reason or reasons for the appeal. If you have any questions regarding the final dispositions of your application, please contact your project planner Shannon Werneke at {760) 602-4621 or shannon.werneke@carlsbadca.gov. Sincerely, ~~ DON NEU, AICP City Planner DN:SW:bd c: Data Entry File enc: Planning Commission Resolution No. 6949 Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 e PROOF OF PUBLICATION (2010 & 201~~__,__-__, STATE OF CALIFORNI County of San Diego MAR 13 2013 PLANNING DEPARTMENT I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in . the above-entitled matter. I am the principal clerk ' of the printer of North County Times Formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by ,. the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: March 08th, 2013 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Escondido, California On This , ay arch 2013 Jane Allshouse NORTH COUNlY TIMES Legal Advertising BEST COPY -~~~CITY OF ~PCARLSBAD FILE COPY ..3·(9·13 ... Community & Economic Development www .carlsbadca.gov NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you 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 Wednesday, March 20, 2013, to consider a request for the following: CASE NAME: CUP 12-15-Gunther's Retail 2 PUBLISH DATE: March 8, 2013 DESCRIPTION: Request for a Conditional Use Permit to convert up to 1,359 square feet of warehouse and office area to a retail use for the storage, sale, and transfer of firearms 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.carlsbadca.gov/cityhallfmeetings/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 Shannon Werneke in the Planning Division at (760) 602-4621, Monday through Thursday 7:30a.m. to 5:30p.m., Friday 8:00 a.m. to 5:00p.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. o 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. CITY OF CARLSBAD PLANNING DIVISION .. ; Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® ... ,., .. SITE MAP • ~DO OCJO PALOMAR AIRPORT RD • N NOT TO SCALE Gunther's Retail 2 CUP 12-15 • • (t~ CITY OF ~CARLSBAD FILE COPY 1·1'-1· ra Community & Economic Development www.carlsbadca.gov I EARLY PUBLIC NOTICE PROJECT NAME: GUNTHER'S RETAIL 2 PROJECT NUMBER: CUP 12-15 This early public notice is to let you know that a development application to convert 1,359 square feet of warehouse and office area to retail for the storage, sale and transfer of firearms within your neighborhood was submitted to the City of Carlsbad on December 5, 2012. The project application is undergoing its initial review by the City. LOCATION: 2717 Loker Avenue West, Suite B PROJECT DESCRIPTION: The applicant is requesting approval of a Conditional Use Permit to convert up to 1,359 square feet (1 0% of gross floor area) currently utilized for warehousing and office uses related to the primary engraving business (Gunther Gifts) to retail area to store, sell and transfer firearms. 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 Shannon Werneke, Associate Planner at shannon.werneke@carlsbadca.gov, (760) 602-4621, City of Carlsbad Planning Division, 1635 Faraday Avenue, Carlsbad, CA 92008. Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 I ® . ~ . SITE MAP 0 ~DO 000 PALOMAR AIRPORT RD • N NOT TO SCALE Gunthers Retail 2 CUP12-15 • CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: DECEMBER 5, 2012 PROJECT NO(S): CUP 12-15 ~~~-iB!.~~11,ft~lf~\'r:l PROJECT TITLE: GUNTHER'S RETAIL 2 APPLICANT: GUNTHER'S GUNS/GREGG & LISA GUNTHER TO: 1Zl Land Development Engineering-Administration IZI Police Department-J. Sa sway IZI Fire Department-Greg Ryan •· Building Department-Will Foss 0 Recreation-Mark Steyaert 0 Public Works Department (Streets)-Nick Roque REVIEW NO: 1 ~· 0 Water/Sewer District 0 Landscape Plancheck Consultant-PELA 0 School District 0 North County Transit District-Planning Department 0 Sempra Energy-Land Management 0 Caltrans (Send anything adjacent to 1-5) 0 Parks/Trails-Liz Ketabian *ALWAYS SEND EXHIBITS FROM: PLANNING DEPARTMENT ---~IW.~~llt:&~$"1~!f Please review and submit written comments and/or conditio~, .. , J~J!~~~K in the Planning Department at 1635 Faraday Avenue, by 26 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. Shannon Werneke From: Sent: To: Cc: Della Russell Monday, May 20, 2013 2:18PM Shannon Werneke Julie Lopez; Colette Wengenroth Subject: RE: Gunther's Retail, 2717 Loker Avenue West Thank you! ~oella From: Shannon Werneke Sent: Monday, May 20, 2013 2:12PM To: Della Russell Cc: Gina Ruiz Subject: Gunther's Retail, 2717 Loker Avenue West Hi Della, I've confirmed that the Building Department collected the development impact fees for the change of use from warehouse to retail (5/17/13, CO 13-18). Planning is ok with the issuance ofthe business license for Lisa Gunther. Thanks, Shannon ~ ~···CITY OF CARLSBAD Planning Division Shannon Werneke Associate Planner 1635 Faraday Avenue Carlsbad, CA 92008 www .carlsbadca .gov P: 760-602-4621 Shannon.Werneke@carlsbadca.gov 1 Mark T. Guithues Edward W. Bums Melissa Rodriquez www.altDmeyforhoa.com Jane Mobaldl Assistant City Attorney City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 ----------------------------- April26,2013 Subject CUP 12-15 II First Amendment to the Declaration of Covenants, Conditions and Restrictions and Grant of Easements for Promontory Business Park Dear Ms. Mobaldl: We are writing to you on behalf of the Board of Directors for the Promontory Business Park Owners Association (the •AssoctatJon•). This letter follows our teleconference earlier this week. At a properly noticed and agendized open meeting of the Board of Directors for the Association, the ballots sent to members were opened and counted by Paul Dannlnger, the Association's manager, acting as inspector of election. The membership approved passage of the First Amendment to its CC&Rs to eliminate the prohibition against munitions related manufacturing and storage activities, allowing Ms. Gunther to locate a gun shop within the community. We expect to record this First Amendment In one week, In accordance with the notice provided your office as required In Article 16 of the CC&Rs. We will be sending you a copy of the final approved amendment within 30 days after recordation. Please contact the undersigned with any questions. Sincerely, COMMUNITY LEGAL ADVISORS INC. Mark Mark T. Guithues Orange County 27156 Burbank, Suite 100 Foothill Ranch, CA 92610 t 949 379 6888 f 949 916 3805 San Diego County 1155 Sportflsher Dr., Suite 120 Oceanside, Callfomla 92054 t7605295211 f7604532194 CARLSBAD OAKS BUSINESS CENTER C/0 MERIT PROPERTY MANAGEMENT 5473 KEARNY VILLA ROAD, SUITE 200 April 17,2013 Gunther Gifts Inc. C/0 Lisa Gunther 2717 Loker Avenue West, Suite B Carlsbad, CA. 92010 SAN DIEGO, CA 92123 (858) 657-2185 Re: 2717 Loker Avenue West, Suite B, Carlsbad, CA. 92008 Architectural Submittal-Conditionally Approved Dear Lisa Gunther, We are pleased to inform you that your plans for the use of the location at 2717 Loker A venue West, Suite B to be used for the online and retail sales of firearms has been approved with the following condition. A copy of your request is enclosed. • There will be no conversion ofthe location at 2717 Loker Avenue without first receiving the proper permits and approval from the City of Carlsbad. This submission has been reviewed and approved as to conformance with the standards of the Development Regulations covering this' property. The review was for purposes of checking conformity to those standards and it was not a review of the technical adequacy of the proposed improvements. Thank you for your submission. Should you have any questions, please contact Rachel Morgan ofMerit Property Management, Inc. at 858-657-2169 or via email at rmorgan@meritpm.com. Sincerely, CARLSBAD OAKS BUSINESS CENTER FAX NO. Feb. 15 2013 10: S9AM P2 2/15/13 Dear Board Members of Carlsbad Oaks, I am request1n1 a letter in writing stating that you approve my small retail use at 2717 Loker Avenue West, Suite B, Carlsbad, CA 92010. I currently hl'le a Retail Conditional Use Permit (OJP i2·15) makJn&lts way throuah the City of Carlsbad to alow the same. Once this makes It to City cound~ I expect a positive outcome as 1 hava support from several council members, the carlsbad Chamber of COmmerce and the Carlsbad Pollee Department, as wei as busfness/bulldlna owners fn the Immediate park (Promontory). The retail use Is for online and retail safes of firearms and accessories In an approximately 1300 square foot area of the 14,000 square foot bulldlftt here at 2717. Per 8.2.1 of the Master Carlsbad Oaks CC&R's, the retail use would be: 1. """of service to, and In harmony with, a quality Industrial park-" It would definitely be a service to the Carlsbad Pollee Department and all business owners within the park as the ability to buy, sell or trensfer firearms does not currently exist within the Otv of carlsbad. Thfs Is because there are no zones In Carlsbad where a store can lease and set up shop (except the PM Zone with a Retail CUP). r have verified this with Planning and an Independent commercial real estate broker. This small retail firearms store would be In hirmony with this quarltY Industrial park. There Is ample parkina in Promontory to support this retail use and this has been verified by the manasement company (Spectrum, at the time). Traditionally, fn nearby cities (Oceanside, San Marcos, for example), Industrial areas are where such uses 10 as tt Is a use that is not sultad for heavy walk-In traffic or a visible location that Invites such traffic. The entrance Is not visible from Loker Avenue and no additional slcnace would be requested. It would be a diSCrete, quiet and sman retail opefiltlon. 2. " ... will not create or emit offensive, hazardous or excessive quantities of dust, dirt, fly ash, smoke, noise, fumes, odors or vibrations, or create fire, explosion or other hazards." None of this will be an Issue. The carlsbad Fire Department has come out and Inspected the area and whole building and has no Issues and has approved this use. 3. "AI City, COunty, Stall or Federal laws, codes or ordinances shal be compiled With". Myself and husband Greg have passed finprprint checks, FBI checks, loeal backsround checks and Inspection by the Alcohol Tobacco Firearm aaeney of the US Department of ·FROM: FAX I'll. Feb. 15 2813 1121: S9FI1 F.3 Justice. We were Issued the first Federal Firearm Ueense In the City of Carlsbad. We are worklnc throush the proper channels with the City of Carlsbad to fallow local laws and ordinances. Once we are approved by the City and have the word "retail" deSisnated vn our business license, we wiD finally be able to conduct business. In summary, please provide a letter stating that you approve my small retail use at 2717 Loker Avenue West, Suite B, Carlsbad, CA 92010. Lisa Gunther Gunther Gffts Inc. 2717 Loker Avenue West, Suite B carlsbad, CA 92010 llsa@!suntherglfts.com 760-390-4556 cell Planning Division February 26, 2013 Lisa Gunther 2717 Loker Avenue West, Suite B Carlsbad, CA 92010 SUBJECT: CUP 12-15-GUNTHER'S RETAIL 2 LJ FILE www.carlsbadca.gov The preliminary staff report for the above referenced project will be sent to you via email on Wednesday, March 6, 2013, 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 March 11, 2013. A twenty (20) minute appointment has been set aside for you at 10:30 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; and 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, your project 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, Shannon Werneke at (760) 602-4621. ([)t DON NEU, AICP City Planner DN:SW:sm c: File Copy Jeremy Riddle, Project Engineer 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 '\ ~ t:JJ(• r_• r f' 1 1 J '1; ! \ /"""'. •.1\ . ll I ' /) •--v ' I J .4f~ CITY OF VcARLSBAD FILE COPY Community & Economic Development www.carlsbadca.gov January 3, 2013 Lisa Gunther 2717 Loker Ave. West, Ste. B Carlsbad, CA 92010 SUBJECT: 1ST REVIEW FOR CUP 12-15-GUNTHER'S RETAIL 2 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 12-15, 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, Shannon Werneke, at (760) 602-4621, to discuss or to schedule a meeting to discuss your application and to completely understand this letter. Sincerely, ~YL DON NEU, AICP City Planner DN:SW:bd c: Don Neu, City Planner Glen Van Peski, Engineering Manager Chris DeCerbo, Principal Planner File Copy Data Entry Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® . e • CUP 12-15-GUNTHER$ RETAIL 2 January 3, 2013 Page 2 ISSUES OF CONCERN Planning: 1. Pursuant to the Project Description submitted in conjunction with the application, the ability to purchase a firearm through Gunther Guns will be limited to members only. This added security measure (since the denial of CUP 12-02) is intended to limit and discourage public access. In addition to this feature, a retail showroom (up to 1,359 square feet and less than 10% of gross floor area) remains part of the proposal. Staff understands that a showroom is required to obtain a license to sell firearms. However, as you are aware, the inclusion of a retail showroom lends itself to a business which caters to the general public. While the membership may limit the amount of walk-in traffic, it does not eliminate the possibility for general walk-in traffic from people outside the surrounding industrial zone. Therefore, staffs position for the project remains unchanged since the denial of CUP 12-02 by the Planning Commission on July 3, 2012 and the City Council decision to uphold the denial on October 23, 2012. Specifically, the project does not meet the intent and purpose of the P-M zone which is to not cater directly to the general public. In addition, the project remains inconsistent with the General Plan Land Use Element in that it is not clearly oriented to support the industrial development and the supporting population. Consequently, staff cannot support the proposal for a retail component to sell firearms in the P-M zone. 2. As you are aware, the City Council has previously expressed concerns about the retail component of the business. Notwithstanding staffs recommendation as discussed above, please submit a detailed floor plan of the retail area as well as information, such as brochures or photos or any other applicable information, which describes how the retail area will function and what the operation will look like, including the type of cabinets that will be utilized to store the guns in the retail area. This information will be utilized to address any questions the Planning Commission may have and, if necessary, City Council. 3. Should the Planning Commission or City Council disagree with staffs recommendation and support the project, please be advised that staff has concerns about the size of the showroom, 1,359 square feet, which has increased in area by approximately 400 square feet since the prior Conditional Use Permit, CUP 12-02, was denied (965 square feet). As you are aware, there were some concerns expressed at City Council regarding the showroom component of this project. Specifically, Councilmember Douglas wanted to limit the size of the showroom area in order to discourage walk-in traffic and to cater to the appointment-only operation in which you were proposing. Staff, therefore, recommends that a justification be prepared for the size of the proposed retail area.