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HomeMy WebLinkAboutRP 14-09; Carruth Cellars Carlsbad; Redevelopment Permits (RP),, "~ ~CARLSBAD Community & Economic Development November 6, 2014 Adam Carruth 320 South Cedros Avenue Suite 400 Solana Beach, CA 92075 www.carlsbadca.gov SUBJECT: ADMINISTRATIVE REVIEW PERMIT NO. RP 14-09 -Request of an Administrative Review Permit (RP 14-09) to allow for the change in use of an existing building from retail to an urban winery at 3293 Roosevelt Street, in District 5 of the Village Review Zone and Local Facilities Management Zone 1. Dear Adam, The City Planner has completed a review of your application for an Administrative Review Permit RP 14- 09 to allow for the change in use of an existing building from retail to an urban winery at 3293 Roosevelt Street. A notice was sent to property owners within a 300' radius of the subject property requesting comments regarding the above request. No comments were received within the ten day notice period (ending on August 18). It is the City Planner's determination that the project, RP 14-09-Carruth Cellars Carlsbad, is consistent with the Carlsbad Village Master Plan and Design Manual and with all other applicable city ordinances and policies. Therefore, the City Planner APPROVES this request based on the following findings and conditions: Findings: 1. The City Planner has determined that the project is consistent with the policies, goals and action programs set forth within the Carlsbad General Plan in that the urban winery use provides employment opportunities and a visitor serving use that complements the existing commercial and residential uses in the pedestrian-oriented downtown Village. 2. The winery will not have a negative impact on Village residents in that the production and delivery hours for the winery will occur during the hours of7:00 AM and 7:00PM on weekdays, and between 8:00AM and 6:00PM on weekends, which limits the potential noise impacts. The proposed outdoor fermentation tank will be equipped with a filter to help reduce any odors emanating from the site. The proposed 15 foot tall stainless steel fermentation tank is approximately the same height as the existing structure, which limits the visual impact as seen from surrounding properties. Additionally, the tank will be screened with landscaping upon installation. 3. The exterior design of the facility and signage are appropriate to the Village and compatible with adjacent uses in that the applicant is proposing to improve the appearance of the building by adding wood trim around entry door and windows along the Roosevelt Street elevation and enhance the landscaping in front of the building including the addition of Boston Ivy to give the building a · · .. Planning Division ~~'----~----------------------------------------------;: 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 RP 14-09-CARRUTH CELLARS CARLSBAD November 6, 2014 Pa e 2 "European Cottage" feel. New signage will be installed with a subsequent approval which will conform to the standards for signs set forth within the Village Master Plan and Design Manual. 2. The City Planner has determined that the project is consistent with Chapter 21.35 (Village Review Zone) of the Carlsbad Municipal Code and all applicable development standards and land use policies set forth within the Village Master Plan and Design Manual in that the site can accommodate the number of required parking spaces and there are no anticipated impacts to the surrounding commercial and residential uses. 3. That the total cost of the proposed development is less than $60,000. 4. That the City Planner has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15303, Class 3, of the State CEQA Guidelines as the project involves the conversion of an existing small structure from one use to another where only minor modifications are made to the structure and will not have any adverse significant impacts on the environment. 5. The City Planner has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exaction are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of building permits. 1. Approval is granted for RP 14-09 as shown on Exhibits "A"-"B" dated November 6, 2014 on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Administrative Review Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Administrative Review Permit RP 14-09 documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this· approval shall require an amendment to this approval. 4. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and RP 14-09-CARRUTH CELLARS CARLSBAD November 6, 2014 Pa e 3 against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Administrative Review Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, ·including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. 5. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unled the City Council determines that the project without the condition complies with all requirements of law. 6. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 7. RP 14-09 shall be reviewed by the City Planner on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health, safety and general welfare. If the City Planner determines that: 1) the Administrative Review Permit was obtained by fraud or misrepresentation; or 2) the use for which such approval is granted is not being exercised; or 3) the conditions of approval have not been met; or 4) the Administrative Review Permit is being or recently has been exercised contrary to any of the terms or conditions of approval; or 5) the use for which such approval was granted has ceased to exist or has been suspended for one year or more; or 6) the use is in violation of any statute, ordinance, law or regulation; or 7) the use permitted by the Administrative Review Permit is being or has been so exercised as to be detrimental to the public health, safety or welfare or so as to constitute .a nuisance, the City Planner shall hold an informal public hearing and after providing the permittee the opportunity to be heard, the City Planner may revoke and terminate the minor conditional use permit in whole or in part, reaffirm the minor conditional use permit, modify the conditions or impose new conditions. 8. Within 30 days of the date of this letter, owner/applicant shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued an Administrative Review Permit on the real property owned by the owner/applicant. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice, which modifies or terminates said notice upon a showing of good cause by the owner/applicant or successor in interest. 9. The project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to the Plan prior to the issuance of building permits. RP 14-09-CARRUTH CELLARS CARLSBAD November 6, 2014 Pa e4 10. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner of an Outdoor Storage Plan, and thereafter comply with the approved plan. 11. Deliveries shall not occur during hours that would negatively impact residents within the vicinity of the winery's location. The hours for deliveries and outdoor wine production shall only occur between the hours of7:00 AM and 7:00PM on weekdays, and between 8:00AM and 6:00PM on weekends. 12. Delivery trucks shall access the site from Tyler Street only and there shall be no idling of truck engines during deliveries. 13. Outdoor production shall be limited to a maximum of 10 days per calendar year. On an annual basis the operator shall present a schedule to the City Planne~ indicating the 10 days on which outdoor production will take place. 14. Electric forklifts shall be used on the premises in order to lessen the noise impacts to nearby residents. 15. Any equipment associated with wine production shall be screened from public view and adequately buffered from adjacent residential uses to mitigate noise, odor or aesthetic impacts. Upon installation, the outdoor fermentation tank shall be screened with three Cypress trees as shown on the approved plans. 16. Outdoor wine fermentation tanks shall be installed with a carbon filter as noted on the approved plans to reduce the odor emanating from the winery site. 17. Surrounding grounds, including parking areas, shall be maintained in a neat and orderly condition at all times. 18. Refuse, including grape stems, shall be removed from the winery site within 24 hours of the de- stemming process. Code Reminders: 19. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 20. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. ,,