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RP 14-09; Carruth Cellars Carlsbad; Redevelopment Permits (RP) (2)
CITY Oh CARLSBAD LAND USE REVIEW APPLICATION P-1 j.iilllBMSlLJl.i.L^J.'^. ^~ * Planning Division 1635 Faraday Avenue (760) 602-4610 www.carisbadca.gov APPUCATIONS APPLIED FOR: (CHECK BOXES) Develooment Permits I I Coastal Development Permit (*) | [Minor I I Conditional Use Permit {*) I [Minor [ jExtension (FOR DEPT. USE ONLY) Legislative Permits I joeneral Plan Amendment I ^ocal Coastal Program Amendment (*) (FOR DEPT. USE ONLY) I I Day Care (Large) Environmental Impact Assessment Habitat Management Permit Hillside Development Permit (*) Minor Minor Nonconforming Construction Permit Planned Development Permit LI}*"" I Non-Residentiai esidential Planning Commission Determination Site Development Plan j [Minor [ [ Special Use Permit [ [ Tentative Parcel Map (Minor Sutxiivision) Tentative Tract Map (Major Subdivision) Variance [ [ Minor Master Plan Specific Plan Zone Change (*) Zone Code Amendment Amendment Amendment South Carlsbad Coastal Review Area Permits [Review Permit Administrative [ ^inor [ [Major ViUaae Review Area Permits l/TReview Permit ^Administrative [ [Minor [ [Major (*) = eligible for 25% discount NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMnTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMnTED PRIOR TO 4:00 P.M. C^tyMVv U\^^ QM^US^f^ BRIEF DESCRIPTION OF PROJECT; \ ,UA)d.Va \N iVVVVJj V>^^ P^V/lU'd|- ASSESSOR PARCEL NO(S). PROJECT NAME: BRIEF LEGAL DESCRIPTION; L4^ ^^ '\b\ 6^ l^WX '^!)-J* "-f Ca.A'>\)9~i, Co^^[\^ ;)( _ STREETADDRESS W-^'^ LOCATION OF PROJECT; ON THE; BETWEEN (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) SIDE OF AND (NAME OF STREET) (NAME OF STREET) p-1 Page 1 of 6 Revised 12/13 OWNF^ NAME (Print): ^|^\/\^ \k)C^^ MAiLiNG ADDRESS; 32^5 ^^^kM' CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: APPLICANT NAME (Print)^ PcKOSNj CAYVMY^ MAILING ADDRESS;^2ui)^ >6;drO<> Ave^M^^ CITY. STATE, ZIP; f5?)\A\A/jLj3(:d(^ C4 ^ZTIS TELEPHONE; ^6 2^6? EMAILADDRESS: A^^dVA^&Ct^lrrHP^U.IAl^C /L I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INfOF«lATION IS TRUE ^D/C0R9ECT TO THE BEST OF MY KfiOWLSPGE, \ SIGNATUR I CERTIFY THAT I AM THE LE? ANDTI^TALL THE AE THEyBESTpf^MYKA L REPRESENTATIVE OF THE OWNER N IS TRUE AND CORRECT TO DATE DATE [ y APPLICANT'S REPRESENTATIVE (Print); PfW^^^jj^ H-^V^V^^ t ^QVI MAILING ADDRESS: CITY, STATE. ZIP; TELEPHONE: EMAILADDRESS; t3 I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRe5? TO THE BEST OFWY 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 TQ-HIS RROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THELANDVND BIND^NY jljCCESIORS IN INTEREST ROPERTY OWNER SIGNATURE FOR^ITY USE ONLY RECEIVED CITY OF CARLSBAD PLANNING DIVISION DATE STAMP APPLICATION RECEIVED RECEIVED BY: p-1 Page 2 of 6 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 infomiation 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 Vll) 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 fop'^long as outdoor di^ofeys are pennitted within the Village Review Area and the permittee remains in complfaji^ with th&8(^»Bt.aj^oved permit. / / Signature / /^^/""'^^ C-^l^^'Vi Date: ^/^^ /IH Certification Statement: I Certify that I am the Legal Propertv 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 pemiit shall remain in effect for as long as outdoor displays are permitted within the Village Review Area and the permittee remains in compliance with the subject approved permit. Signature Date: p-1 Page 3 of 6 Revised 12/13 DISCLOSURE Develooment Services STATEMENT planning Division ' ITY or P-1(A) 1635 Faraday Avenue www.ca risbadca .gov CARLSBAD (760) 602-4610 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 reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, 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 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 separate page may be attached if necessary.) Person tepage may be attached if necessary.) . i Mfiw\ UVWVA Coro/Part (JKYW(\\ (r\hnA Title A^kCiW;t Title Address '520 S.6^U5S|/\\Tf,UOD Address 2. OWNER (Not the owner's agent) Provide the COMPLETE. 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.) Perso oAAWy '^Y<^)CA ^ Corp/Part Title Uf)\K]V\<Ol^ Title Address 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 ofthe. 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? • ves • 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^st of my knowledge Signature of owner/date Print or type name of owner Signature of applicant/date Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type| name of ^ rner/applicant's agent P-1(A) Page 2 of 2 Revised 07/10 PROJECT Development Services DESCRIPTION Planning Division ^ CITY OF P-1(B) 1635 Faraday Avenue CARLSBAD P-1(B) (760) 602-4610 www.carlsbadca .gov PROJECT NAME: 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(B) Page 1 of 1 Revised 07/10 ^ HAZARDOUS WASTE Development Ser^,ice. <i0^- AND SUBSTANCES planning Division CITY OF QTATPMFNT 1635 Faraday Avenue P-1(C) wwwcansbadcagov 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): ^ 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 Government Code. I I The development project and any alternatives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 ofthe State Government Code. APPLICANT PPOPERTY OWNER Name Address: Addres ^\ii\r.(i •Ba.ciA CA(^'2JO1& CjhlihiKA^ OAqzoo^ Phone Number: Phone Number: Address of Site: Local Agency (City and County):. Assessor's book, page, and parcel numb^ Specify list(s): Regulatory Identification Number:. Dateqf List: Applicant Bignature/Date Ppoerty 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 infonnation about the location of hazardous materials release sites. P-1(C) Page 1 of 2 Revised 02/13 Date Filed: (g-^(Y ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) (To be completed by City) Application Number(s): / ^-O^ General Information 1. Name of project Ciw^ Cjivi^h^ Name of developer or project sponsor: O^lV^ Vl'tVV C^AAAA^^ Address: City, State, Zip Code: PhoneNumber: '^•20^--^2^ Name of person to be contacted conceming this project: Address: \\[k\/) UMHVVXA??^ City, State. Zip Code. _ Phone Number: Address of Project: Assessor's Parcel Number: ^O^' CfSI OT) 5. 6. 7. 8. 9. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: Existing General Plan Land Use Designation: Existing zoning district: Existing land use(s): f^\}^V^^^^ Proposed use of site (Project for which this form is filed): Project Description 10. Site size: 11. Proposed Building square footage 12: Number of floors of construction: . 13. Amount of off-street parking provided: 14. Associated projects: P-1(D) Page 2 of 4 Revised 07/10 15. If residential, include the number of units and schedule of unit sizes: 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: 17. If industrial, indicate type, estimated employment per shift, and loading facilities: 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: "TW^m UiUkv-tUvx %vACv>(i\m/d iz) c3lUvO P-1(D) Page 3 of4 Revised 07/10 Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes No 20. Change In existing features of any bays, tidelands, beaches, or hills, or substantial • E alteration of ground contours. ] 21. Change in scenic views or vistas from existing residential areas or public lands or • roads. 22. Change in pattem, scale or character of general area of project. • 23. Significant amounts of solid waste or litter. • 24. Change in dust, ash, smoke, fumes or odors in vicinity. • 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or Q alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. Q 27. Site on filled land or on slope of 10 percent or more. Q 28. Use of disposal of potentially hazardous materials, such as toxic substances, O ^ flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, • \J2 etc.). ^ 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). O |^ 31. Relationship to a larger project or series of projects. • Environmental Setting Attach sheets that include a response to the following questions: 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing stmctures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knojt^ge and belief. Date: For: P-1 (D) Page 4 of 4 Revised 07/10 ^ TIME LIMITS ON i,,'veioDmeni ^eri/ztes • DISCRETIONARY ^ Planning Division ^ ' T \ ) r PRO IFf^TQ 1635 Faraday Avenue CARI SRAD n^/CX (760)602^610 \..,r\t\l„...JKJr%imii^ P~1(C| www.carisbadca.gov PLEASE NOTE: Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirem^ or whether all reqiijrements are necessary for your particular application) please call (769)^^02-4610. Applicant Signature: Staff Signature: Date: (76pr602-461O. To be stapled with receipt to the application P-1(E) Page lofl Revised 07/10 This submittal is to request an amendment to the Carlsbad Village Master Plan to accomplish the following: 1. Affow for wineries in District 5 and 6 as a provisional use 2. Allow for limited outdoor production of wine up to 8 days per year are ?>dDmittTng lhe beAow juslifficalion lor our reques/ls. Winery bv Provisional Use in District 5 & 6: The Village and the Ban^io are schedijfed to begtn a process to develop a new ViHage/Barrio master pian this spring. The new master plan will create a new vision for the area as well as new development rules to implement the vision. The master plan process is scbftdJjJed ta be completed \withia 12 to 18 months. One of the eletxvaots. that has. been identified is a district or area within the Village that focuses on specialty food production and tasting such as bread, olive oils, spices, mustards, wine, beer, coffee roasting, etc. One area of the Village identified for this element is Tyler Street from Oak to Walnut. The proposed Carruth Cellars is in this area and would be the type of use that we envision would be permitted in the new master plan. Outdoor Production of Wine: We are asking for approval for limited wine production occun-ing outside. Only 3% of the production occurs outside (8 days divided by 260 possible production days) as demonstrated by the below steps to wine production at Carruth Cellars Carlsbad: • Grapes are received at site 6 to 8 days each year "in September and October. • Grapes are processed through a destemmer/crusher/press 6 to 8 days a year on the days in September and October that the grapes are received. • Juice is placed in fermentation bins for 8 to 10 days. The bins are Slored rnside Vne buiftcSTng m lemperature-corrtro^teti arrea. • The fermented juice is placed in stainless steel aging tank if it Is white wine or in oak ban'els for red wine to be aged and become wine. Carruth Cellars proposes to have one sfarrrtess steei aging tanhc outside. Red wine barrels are stored within the building. • Depending on the grape varietal the wine is aged from 6 to 24 months fceScff© 'iiictt.'ivrvg. Potential issues associated with outdoor production: • Noise from production. The oniy production days that produce any noise are the 6 to 8 days a year when the grapes are received, destemmed and crushed. The noise is moderate on those days. There are another IQ to 20 days a year when the juice is pumped from a fermenting bin to aging storage. The only sound on these days is that of a small pump motor. • Odor during production. The only odor produced by the production is during the 6 to 8 days a year that the grapes are received and destemmed/crushed. The odor from this is of fresh fruit. Starting with step 3 above the juice is within the building and any odor is m inor and controlled by filters. The stainless steel aging tank that is proposed to be outdoors is completely sealed and produces no odor. • Productfon occurs outside. The onfy productron thaf takes piace outdoor is the 6 to 8 days a year when grapes are received and destemmed/crushed. All other production, which is minor, occurs in the Paricing: The Carisbad Village Master Plan states "Outside the Coastal Zone onty, wh&n rron^esidentiai space is converted from one approved use to another approved use with a higher parking requirement, then additional parking should be provided as follows: 1) the additional on-site parking (or some portion thereof) shall be provided to the extent feasible giveri the existing building and site configuration; or 2) if no additional parking can feasibly be accommodated on-site as determined by the appropriate decision-making authority, then the existing available parking shall satisfy the total parking requirement for the new use." Retail Liquor Store Parking Requirement (allowed by right, change of use in process with City of Carisbad): • 1 space per 300 SF of net floor space o 1384 SF net floor space / 300 = 5 pari<ing spaces required wrnery Parkfng Requfrement: • 1 space per 125 SF of net floor space in the tasting room • 1 space per 300 SF of net floor space for all other uses: o NSF = 1394 o Tasting Room = 455SF /125 = 4 spaces o Remaining = 929SF/300 = 3 spaces o Ws did not aofcf panlcing for /nrrrteof outdoor prodtxction Based on the lot and building configuration, we have determined that the m-av^'fiViWiVi Tvjmber feastote parkvrvg space© cars prwvde vs 7 based ws ^Pie below layout, which we request be reviewed and accepted by Engineering. The below layout has been generated to demonstrate that feasibility. Therefore under (1) above, the application for this winery shaJJ allow for seven (7) parking spaces. Outdoor Fermentation Tanks outside: The only part of the process that is outside is the aging of white wine in the stainless steel aging tank. The wine is not being stored outside. It is simply aging for up to 6 months before it is bottled and stored within the building. Red wine is stored in oak barrels within tne building until ready for bottling and then the bottles are stored within the building. We would like the City's formal approval to place outdoor fermentation tanks on srte. Master Plan. We look forward to receiving you comments and draft of the revisions. Please note that we would like to have this amendment approved by August of 2014 so we can produce wine in the faii 2014 crush season {generalty starts in September). We appreciate your consideration in processing this amendment in a timely manner. Sincerely, Angefa IVferriff Von 619-454-7829 City of Carlsbad Faraday Center Faraday Casshiering 001 1415301-2 06/02/2014 149 Mon, Jun 02, 2014 09:09 AM Receipt Ref Nbr: R1415301-2/0007 PERMITS - PERMITS Tran Ref Nbr; 141530102 0007 0007 Trans/Rcpt#: R0101760 SET #: RP140009 Amount; 1 @ $435.00 Item Subtotal: $435.00 Item Total; $435.00 1 ITEM(S) TOTAL; $435.00 Check (Chk# 001157) $435.00 Total Received: $435.00 Have a nice day! *+***:j;********CUSTOMER COPY************* City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92001 Applicant: MERRILL ANGELA Description RP140009 32 93 ROOSEVELT ST CBAD Amount 435.00 Receipt Number: R0101760 Transaction Date: 06/02/2014 Transaction ID: R0101760 Pay Type Method Description Amount Payment Check 1157 435.00 Transaction Amount: 435.00 A5 ip- FILE COPY cbisS ADMINISTRATIVE REVIEW PERMIT NOTICE OF FINAL ACTION DATE: August 20, 2014 APPLICATION NUMBER AND NAME: RP 14-09 - CARRUTH CELLARS CARLSBAD PROJECT DESCRIPTION: Request to operate a winery in an existing 1,668 square foot building with six (6) parking spaces and to place a 15 foot tall stainless steel fermentation tank on the property at the rear ofthe building. LOCATION: 3293 Roosevelt Street APN: 204-081-15 The proposed development is located within the City of Carlsbad's Village Review Area. No formal public hearing was required for this application. The City Planner has made a final decision to APPROVE administrative Review Permit No. RP 14-09. However, an appeal of this decision to the Planning Commission mav be submitted to the City within 10 calendar days of the date of this notice. Written comments to this proposed development should be addressed to the City Planner, City of Carlsbad Planning Division, 1635 Faraday Avenue, Carlsbad, CA 92008. If you have any questions, comments or concerns regarding this application please contact Austin Silva, at the City of Carlsbad Planning Division, (760) 602-4631, Monday through Thursday - 7:30 a.m. - 5:30 p.m., or 8:00 a.m. - 5:00 p.m. Friday. Community & Economic Development Planning Division 1635 FaradayAvenue I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8560 fax Easy Peel® Labels Use Avery® Teniplate 5160®/8160™ JAVIER A /JOHN A URETA 3280 ROOSEVELT ST CARLSBAD CA 92008 Bend along line to j expose Pop-up Edge™ J JESSICA DU SHAUNE 3150 ROOSEVELT ST CARLSBAD CA 92008 AVERY® 6240™ I 1 MATTHEW HALL PMB #334 CARLSBAD, CA 92008 KONONCHUK FAMILY TRUST 10-10-08 1348 SEA VILLAGEDR CARDIFF CA 92007 B A L-R A M L L C 10112 CIRCLE PLN ESCONDIDO CA 92026 LUPE C HERRERA 371 REDWOOD AVE CARLSBAD CA 92008 ALVARADO FAMILY TRUST OF 2002 3337 TYLER ST #R CARLSBAD CA 92008 CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DR CARLSBAD CA 92008 PUBLIC STORAGE OF CARLSBAD INC 701 WESTERN AVE GLENDALE CA 91201 HELMUTH FAMILY 1996 TRUST 01-24-96 12118 OBISPO RD SAN DIEGO CA 92128 DAVID & PAMELA BASILA 3950 N HILLWOOD CIR TUCSON AZ 85750 CHIT WEI & RACHEL S SAW 13809 SE51ST PL BELLEVUE WA 98006 BARBARA L ANDRES 519 PINE AVE CARLSBAD CA 92008 JANICE B MULLIGAN 1620 CHESTNUT AVE CARLSBAD CA 92008 DAVID & MARTHA N MCCHESNEY 825 CAPE BRETON VISTA CA 92084 RUBEN I & MARGE GASTELUM 1975 MAGNOLIA AVE CARLSBAD CA 92008 JOIN HANDS-SAVE A LIFE 3530 MADISON ST CARLSBAD CA 92008 BRETT SAVAGE 3255 ROOSEVELT ST CARLSBAD CA 92008 DIANE K DOWLING 3258 TYLER ST CARLSBAD CA 92008 FELIPE & MARIA URLYDICHE S BETANCOURT 3903 JAMES DR CARLSBAD CA 92008 KAREN E HEMINGWAY 11835 W OLYMPIC BLVD #1090 LOS ANGELES CA 90064 JENNIFER J VOGEL 1 BELLA VITA SAN MARCOS CA 92078 JESS JOHNSTON 1025 1/2 IRVING RD EUGENE OR 97404 JOSE A & SYLVIA M VALADEZ 3234 ROOSEVELT ST CARLSBAD CA 92008 WILLIAM & ELLEN SCHNEIDER P O BOX 891 CARLSBADCA 92018 JOEL A & LUCE MARGARET J URETA 3280 ROOSEVELT ST CARLSBAD CA 92008 TREJO FAMILY TRUST 07-16- 02 3383 ADAMS ST CARLSBAD CA 92008 HERNANDEZ FAMILY 1998 TRUST 10-30-98 3820 POLLY LN CARLSBAD CA 92008 GENTRY G TERHUNE 645 FRONT ST #1312 SAN DIEGO CA 92101 RAMON A & SMITH PAMELA W KHALONA 3267 MADISON ST CARLSBAD CA 92008 Etiquettes faciles h peler j Utilisez le gabarit AVERY® 5160®/8160'*' ] • Sens de charai>m(>nt Repliez i la hadiure afin de j reveler le rebord POD-UD"' I vvww.avery.coin I-SOO-GO-AVERY Easy Peel® Labels Use Avery® Tenjplate 5160®/8160™' SUZANNE H NGUYEN 879 LE COMPTE PL SAN JOSE CA 95122 Bend along line to < exDOse Pop-up Edge™ ' i AVERY® 6240™ I 1 WAHLRAB FAMILY TRUST 11- 27-07 3228 MADISON ST CARLSBAD CA 92008 MUNOZ M GUADALUPE F 3250 ROOSEVELT ST CARLSBAD CA 92008 GUADALUPE MARTINEZ 3274 ROOSEVELT ST CARLSBAD CA 92008 MONICA P MIER P O BOX 4301 CARLSBAD CA 92018 NICOLE C LEFFLER 511 WALNUT AVE CARLSBAD CA 92008 lANA CASTRO 3309 ROOSEVELT ST CARLSBAD CA 92008 ENRIQUE & ANGEL-ARREOLA LUPE ARREOLA-QUINONES 878 GRANADA DR OCEANSIDE CA 92056 ANGEL FAMILY REVOCABLE TRUST 08-31-10 3329 ROOSEVELT ST CARLSBAD CA 92008 SOO FAMILY TRUST 02-08-00 2361 VIA SUBRIA VISTA CA 92084 MAUGA FAMILY REVOCABLE TRUST 3347 ROOSEVELT ST CARLSBAD CA 92008 SANDFORD LIVING TRUST 10-16-08 1966 PRIMROSE AVE S PASADENA CA 91030 BRENT EMERY 3359 ROOSEVELT ST CARLSBAD CA 92008 OFELIA E ESCOBEDO 1611 JAMES DR CARLSBAD CA 92008 SUSAN M SMITH 3320 ROOSEVELT ST CARLSBAD CA 92008 MARANDOLA FAMILY TRUST 03-03-86 2380 CORDERO RD DEL MAR CA 92014 PETERSON FAMILY TRUST 09-08-03 3315 MADISON ST CARLSBAD CA 92008 DIETRICH FAMILY TRUST 12- 06-01 365 LA MESA AVE ENCINITAS CA 92024 A notice has been mailed to all property owners/occupants listed herein, ^i i . Date: f/Z S/H Signature Etiquettes faciles h peler j Utilisez le gabarit AVERY® 5160®/8160"' J • Sens de rharnAmnnt Repliez i la hachure afin de { r^v^ler le rebord POD-UD"' I www.avery.coin 1-800-GO-AVERY City of Carlsbad ADMINISTRATIVE REVIEW PERMIT NOTICE OF PENDING DECISION DATE: August 7, 2014 APPLICATION NUMBER AND NAME: RP 14-09 - CARRUTH CELLARS CARLSBAD PROJECT DESCRIPTION: Request to operate a winery in an existing 1,668 square foot building with six (6) parking spaces and to place a 15 foot tall stainless steel fermentation tank on the property at the rear of the building. LOCATION: 3293 Roosevelt Street APN: 204-081-15 The proposed development is located within the City of Carlsbad's Village Review Area. No formal public hearing is required for this application. However, anv written comments on this application must be submitted to the City within 10 calendar davs of the date of this notice. Failure to submit comments may result in loss ofthe ability to appeal any action taken by the City on the Administrative Review Permit application. The Citv Planner will make a decision on this application 10 calendar days after the date of this notice. Written comments to this proposed development should be addressed to the City Planner, City of Carlsbad Planning Division, 1635 FaradayAvenue, Carlsbad, CA 92008. Ifyou have any questions, comments or concerns regarding this application please contact Austin Silva, at the City of Carlsbad Planning Division, (760) 602-4631, Monday through Thursday - 7:30 a.m. - 5:30 p.m., or 8:00 a.m. - 5:00 p.m. Friday. Community & Economic Development Planning Division 1635 FaradayAvenue I Carlsbad, CA92008 I 760-602-4600 I 760-602-8560fax wor ro SCALE SITE MAP Carruth Cellars Carlsbad RP 14-09 Easy Peel® Labels Use Avery® Template 5160®/8160TM SUZANNE H NGUYEN 879 LE COMPTE PL SAN JOSE CA 95122 • I Paper Bend along line to exDose Pop-up Edge'" WAHLRAB FAMILY TRUST 11- 27-07 3228 MADISON ST CARLSBAD CA 92008 AVERY® 6240™ 1 A MUNOZ M GUADALUPE F 3250 ROOSEVELT ST CARLSBAD CA 92008 GUADALUPE MARTINEZ 3274 ROOSEVELT ST CARLSBAD CA 92008 MONICA P MIER POBOX 4301 CARLSBADCA 92018 NICOLE C LEFFLER 511 WALNUT AVE CARLSBAD CA 92008 lANA CASTRO 3309 ROOSEVELT ST CARLSBAD CA 92008 ENRIQUE & ANGEL-ARREOLA LUPE ARREOLA-QUINONES 878 GRANADA DR OCEANSIDE CA 92056 ANGEL FAMILY REVOCABLE TRUST 08-31-10 3329 ROOSEVELT ST CARLSBAD CA 92008 SOO FAMILY TRUST 02-08-00 2361 VIA SUBRIA VISTA CA 92084 MAUGA FAMILY REVOCABLE TRUST 3347 ROOSEVELT ST CARLSBAD CA 92008 SANDFORD LIVING TRUST 10-16-08 1966 PRIMROSE AVE S PASADENA CA 91030 BRENT EMERY 3359 ROOSEVELT ST CARLSBAD CA 92008 OFELIA E ESCOBEDO 1611 JAMES DR CARLSBAD CA 92008 SUSAN M SMITH 3320 ROOSEVELT ST CARLSBAD CA 92008 MARANDOLA FAMILY TRUST 03-03-86 2380 CORDERO RD DEL MARCA 92014 PETERSON FAMILY TRUST 09-08-03 3315 MADISON ST CARLSBAD CA 92008 DIETRICH FAMILY TRUST 12- 06-01 365 LA MESA AVE ENCINITAS CA 92024 ' • notice has been mailed to all property owners/occupants listed herein. / / t Dflte:^ e/O/N .^-NI ^ i *• Signatun Etiquettes fadles d peler | Utilisez le gabarit AVERY® 5160®/8160""'= J • Sens de charaement Repliez h ia hachure afin de j reveler le rebord Pop-up"' J www.avery.com 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 5160®/8160™ JAVIER A /JOHN A URETA 3280 ROOSEVELT ST CARLSBAD CA 92008 Bend along line to i exDose Pop-up Edge™ J JESSICA DU SHAUNE 3150 ROOSEVELT ST CARLSBAD CA 92008 AVERY® 6240TM I 1 MATTHEW HALL PMB #334 CARLSBAD, CA 92008 KONONCHUK FAMILY TRUST 10-10-08 1348 SEA VILLAGEDR CARDIFF CA 92007 B A L-R A M L L C 10112 CIRCLE PLN ESCONDIDO CA 92026 LUPE C HERRERA 371 REDWOOD AVE CARLSBAD CA 92008 ALVARADO FAMILY TRUST OF 2002 3337 TYLER ST #R CARLSBAD CA 92008 CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DR CARLSBAD CA 92008 PUBLIC STORAGE OF CARLSBAD INC 701 WESTERN AVE GLENDALE CA 91201 HELMUTH FAMILY 1996 TRUST 01-24-96 12118 OBISPO RD SAN DIEGO CA 92128 DAVID & PAMELA BASILA 3950 N HILLWOOD CIR TUCSON AZ 85750 CHIT WEI & RACHEL S SAW 13809 SE51ST PL BELLEVUE WA 98006 BARBARA L ANDRES 519 PINE AVE CARLSBAD CA 92008 JANICE B MULLIGAN 1620 CHESTNUT AVE CARLSBAD CA 92008 DAVID & MARTHA N MCCHESNEY 825 CAPE BRETON VISTA CA 92084 RUBEN I & MARGE GASTELUM 1975 MAGNOLIA AVE CARLSBAD CA 92008 JOIN HANDS-SAVE A LIFE 3530 MADISON ST CARLSBAD CA 92008 BRETT SAVAGE 3255 ROOSEVELT ST CARLSBAD CA 92008 DIANE K DOWLING 3258 TYLER ST CARLSBAD CA 92008 FELIPE & MARIA URLYDICHE S BETANCOURT 3903 JAMES DR CARLSBAD CA 92008 KAREN E HEMINGWAY 11835 W OLYMPIC BLVD #1090 LOS ANGELES CA 90064 JENNIFER J VOGEL 1 BELLA VITA SAN MARCOS CA 92078 JESS JOHNSTON 1025 1/2 IRVING RD EUGENE OR 97404 JOSE A & SYLVIA M VALADEZ 3234 ROOSEVELT ST CARLSBAD CA 92008 WILLIAM & ELLEN SCHNEIDER P O BOX 891 CARLSBADCA 92018 JOEL A & LUCE MARGARET J URETA 3280 ROOSEVELT ST CARLSBAD CA 92008 TREJO FAMILY TRUST 07-16- 02 3383 ADAMS ST CARLSBAD CA 92008 HERNANDEZ FAMILY 1998 TRUST 10-30-98 3820 POLLY LN CARLSBAD CA 92008 GENTRY G TERHUNE 645 FRONT ST #1312 SAN DIEGO CA 92101 RAMON A & SMITH PAMELA W KHALONA 3267 MADISON ST CARLSBAD CA 92008 Etiquettes faciles h peler | Utilisez le gabarit AVERY® 5160®/8160"'^ J • Sens de charaement Repiiez k la hachure afin de | reveler le rebord Pop-up"' j www.avery.coni 1-800-GO-AVERY ATTACHMENT "1" I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. APPLICATION NAME AND NUMBER APPLICANT OR APPLICANT'S REPRESENTATIVE BY DATE RECEIVED BY DATE: p-21 Page 3 of 6 Revised 07/10 > _ Nl ® ® — © 5 © g OD r — —^ ^ - iQ ^ iQ ^ |» — N) _ ll - OJ o CHESTNU AVE lESTNUT -I > O 2 3/9 ST s CLSD tfl >'' m m sr. UU I -I ~ (Jl liT^'p Pr IP -Tl 0|— ^ .-11 o M775 OAA/ 1^ LOT 7 LOT 8 Oo LOT 8 LOT 9 /04 i© LOT 9" R©5 99.9.4. J/9 r^. LOT 10 so © y—X ® — So NSf27s LOT II PINE N55 26'56"E 119.48 03 -.-0 : O : O : PM 0 TJT mS(RQS) ^ «9.77(ROS) 70 /VSS*2S -^cn ro NJ (^') cn \Z/ 3f¥(R0SJ "•70 ^ |sj N55'3f'irE 1J9.72 ^ 2 00 \^ -4A £ /i K) 1 7 C£5 ljp5'31'4fE 139.68 \ OJ WALNUT 4<? NT* 7^ v4 CHESTNU' AVE lESTNUT "TO /^a is v >r 1 ID © ^_©s CD r WD v.- " V ^ ©<^ — —l- ^ ©^ : : Nl — ^ : : Nl — ^ 0? 3 0> OJ 0 J4^ •7rrmTTr~ -I > o o 2 J CARLSBAD FIRE DEPARTMENT FIRE PREVENTION BUREAU Discretionary Review Checklist PROJECT NUMBER: RP14-09 BUILDING ADDRESS: 3293 ROOSEVELT ST PROJECT DESCRIPTION: RETAIL WINE STORE WITH TASTING ROOM ASSESSOR'S PARCEL NUMBER: 240-081 -15-00 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 all comments attached, as failure to comply with instructions in this report can result in suspension of pemiit to build. DENIAL Please see the attached report of deficiencies marked with \Ei. 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: G. RYAN Date: 08.06.2014 By: By: By: Date: Date: Date: ATTACHMENTS FIRE DEPARTMENT CONTACT PERSON NAME: ADDRESS: PHONE: 1635 Faraday Ave Carlsbad, CA 92008 (760) 602-4665 COMMENTS: APPLICANT SHALL PROVIDE A BARRIER OR DOOR BETWEEN HALLWAY AND BARREL STORAGE/SERVING AREA. CARLSBAD FIRE DEPARTMENT FIRE PREVENTION BUREAU Discretionary Review Ciiecklist PROJECT NUMBER: RP14-09 CARRUTH CELLARS CARLSBAD BUILDING ADDRESS: 3293 ROOSEVELT ST PROJECT DESCRIPTION: RETAIL WINE STORE WITH TASTING ROOM ASSESSOR'S PARCEL NUMBER: 204-081-15-00 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 all comments attached, as failure to comply with instructions in this report can result in suspension of permit to build. By: Date: DENIAL Please see the attached report of deficiencies marked with [El. 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: G. RYAN By: By: Date: 06.25.2014 Date: Date: ATTACHMENTS FIRE DEPARTMENT CONTACT PERSON NAME: ADDRESS: PHONE: 1635 Faraday Ave Carlsbad, CA 92008 (760) 602-4665 COMMENTS: Occupant load calculations are incorrect please revise o.l. numbers using CBC/CFC Table 1004.1.2. for Assembly w/o fixed seats - Standing; and for Mercantile - grade floor areas. CITY OF ^CARLSBAD Memorandum June 18, 2014 To: Austin Silva, Project Planner From: Steve Bobbett, Project Engineer Via: Jason Geldert, Senior Engineer Re: RP 14-09 CARRUTH CELI^RS CARLSBAD FIRST COMPLETENESS & ISSUES REVIEW Land Development Engineering (LDE) staff has completed a review ofthe above-referenced project for application completeness. The application and plans submitted forthis proposed project are complete. Below is a list of engineering issues to be resolved prior to resubmittal: 1. Please submit a completed Storm Water Standards Questionnaire E-34. The link to this questionnaire on the city's web site is: http://www.carlsbadca.gov/business/building/Documents/E-34.pdf. All city projects are required to have a completed copy ofthis questionnaire on file. Additional issues or comments may be identified during subsequent reviews. If you or the applicant has any questions, please either see or contact me at extension 2747. Steve Bobbett, P.E. Associate Engineer Land Development Engineering Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carisbadca.gov CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: JUNE 2. 2014 PROJECT NO(S): RP 14-09 fommtmmmssmmmM wssmmm. REVIEW NO: PROJEa TITLE: CARRUTH CELLARS CARLSBAD APPLICANT: CARRUTH CELLARS/ADAM CARRUTH TO: Land Development Engineering-Steve Bobbett • Public Works (Storm Drain) - Clayton Dobbs • Police Department - J. Sasway • Public Works (Wastewater) - Don Wasko Fire Department - Greg Ryan • Public Works (Water) - Eric Sanders Building Division - Will Foss • Water/Sewer District • Parks & Recreation (Parks/Trails) - Liz Ketabian • Landscape Plancheck Consultant - PELA • Parks & Recreation (Trees & Medians) - Morgan • School District Rockdale • Public Works Department (Streets) - Nick Roque • North County Transit District - Planning Dept. • Public Works Department (Traffic) - John Kim • Sempra Energy - Land Management • Public Works Department (Design) - Patrick Vaughan • Caltrans (Send anything adjacent to 1-5) • SANDAG (Any huge/major development) 401 B. Street, Suite 800, San Diego CA 92101-4231 *ALWAYSSEND EXHIBITS FROM: PLANNING DIVISION/AUSTIN SILVA Please review and submit written comments and/or conditions to the 35 Faraday ^you have "No Comments," please so state. If vou determine that there are items that neeaiobe 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 ATFACHED Review & Comment 4/14 •r J ' A C.O. " " FILE copy ViCARLSBAD Community & Economic Development www.carlsbadca.gov November 6, 2014 Adam Carruth 320 South Cedros Avenue Suite 400 Solana Beach, CA 92075 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 ofthe Village Review Zone and Local Facilities Management Zone 1. Dear Adam, The City Planner has completed a review ofyour 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 of 7:00 AM and 7:00 PM on weekdays, and between 8:00 AM and 6:00 PM 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 Page 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) ofthe 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 ofthe 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, ofthe 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 bythe 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 ofCarlsbad, its Council members, officers, employees, agents, and representatives, from and RP 14-09 - CARRUTH CELLARS CARLSBAD November 6, 2014 Page 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 ofany 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 ofthe 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 ofthe 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 Page 4 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 of 7:00 AM and 7:00 PM on weekdays, and between 8:00 AM and 6:00 PM 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 Planner 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. RP 14-09 - CARRUTH CELLARS CARLSBAD November 6, 2014 Page 5 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days ofthe date ofthis letter. Appeals must be submitted in writing to the Planning Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $661.00. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Austin Silva at (760) 602-4631. Sincerely, CHRIS DeCERBO Principal Planner CD:AS:fn Angela Merrill Yon, 1616 Jerrilynn Place, Encinitas, CA 92024 Javier Ureta, 3293 Roosevelt Street, Carlsbad, CA 92008 Don Neu, City Planner Chris DeCerbo, Principal Planner Steve Bobbett, Project Engineer Michele Masterson, Senior Management Analyst File Copy DMS/Data Entry ''•^CARLSBAD FILE COPY Community & Economic Development www.carlsbadca.gov November 10, 2014 Adam Carruth Suite 400 320 South Cedros Avenue Solana Beach, CA 92075 SUBJECT: NOTICE OF RESTRiaiON - RP 14-09 - CARRUTH CELLARS Dear Applicant: Please find the enclosed Notice of Restriction that needs to be signed, notarized, and returned for recordation. This is to fulfill a condition of approval of the RP 14-09. Please ensure the following items are addressed priorto returning the Notice of Restriction: ^ Correct Notary Acknowledgement Required (Effective Januarv 1, 2008, all Certificates of Acknowledgement used by a California notarv on a document that will be recorded in the State of California must NOT HAVE "PERSONALLY KNOWN TO ME" in the acknowledgement. (Assembly Bill 886, Chapter 399)) ^ Document must be properly notarized. ^ Name on signature page and name on Notarial Acknowledgement must match. / Property owner's signatures/initials must be the same as on Notary Acknowledgement. ^ Notary seal cannot be blurry/too light (County will not record the document If any portion of the Notary Seal is blurry or too light) ^ Include property owner's name in the designated space above the owner's signature. ^ Please pay particular attention to the signature requirements at the bottom of the signature page. •/ Please do not fold documents. ^ Return original signed and notarized documents. It is our goal to assist you in getting the Notice of Restriction recorded as expeditiously as possible. If you have any questions or need additional assistance, please contact Michele Masterson, Senior Management Analyst at (760) 602-4615 or via email at michele.masterson(5)carlsbadca.gov. Sincerely, AUSTIN SILVA, AICP Assistant Planner c: Michele Masterson, CED Senior Managennent Analyst File Copy Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® CARLSBAD FILE COPY Community & Economic Development www.carlsbadca.gov August 21, 2014 Angela Merrill Yon 1616 Jerrilynn Place Encinitas, CA 92024 SUBJECT: RP 14-09 - CARRUTH CELLARS CARLSBAD - CAUFORNIA ENVIRONMENTAL QUAUTY ACT (CEQA) APPLICABIUTY/PROCESS DETERMINATION AND TARGET DECISION DATE CEQA Determination: This is to advise you that after reviewing the application for the project referenced above, the City has determined that the following environmental review process (pursuant to CEQA) will be required for the project: The project is exempt from the provisions of CEQA, pursuant to CEQA Categorical Exemption for "New Construction or Conversion of Small Structures" (Section 15303). No environmental review is required for the project. A Notice of Exemption will be filed after approval ofthe project with the San Diego County Clerk's Office which involves a filing fee. Please submit a check to the project planner in the amount of $50.00 made out to the San Diego County Clerk. The check should be submitted approximately one week prior to the City Planner decision date. Target Decision Date: In the interest of expeditiously processing your application consistent with the State Permit Streamlining Act (California Government Code Section 65950 an administrative decision to approve or deny the project should be determined by October 19, 2014. Therefore, in the interest of achieving that decision date, all remaining project issues must be addressed by September 29, 2014. If all project issues are not resolved by the date listed above, you may formally request a one-time 90 application extension. Otherwise, you will need to withdraw the application. For additional information related to this CEQA applicability/process determination or should you have any questions regarding an application extension or would like to withdraw your application, please contact Austin Silva at (760) 602-4631 or by email at austin.silva@carlsbadca.gov. Sincerely, DON NEU, AICP City Planner DN:AS:fn c: Chris DeCerbo, Principal Planner Steve Bobbett, Project Engineer Michele Masterson, Senior Management Analyst File Copy Data Entry Planning Division 1635 FaradayAvenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 CTV CP ^ HiOOr, ViCARLSBAD Community & Economic Development www.carlsbadca.gov July 7, 2014 Angela Merrill Yon 1616 Jerrilynn Place Encinitas, CA 92024 SUBJECT: 1st REVIEW FOR RP 14-09 - CARRUTH CELLARS CARLSBAD Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your Administrative Review Permit, application no. RP 14-09, as to its completeness for processing. The application is incomplete, as submitted. Attached are two lists. The first list is information which must be submitted to complete your application. The second list is project issues of concern to staff. In order to expedite the processing of your application, the "incomplete" items and your response to the project issues of concern to Staff must be submitted directly to your staff planner; therefore, please contact your staff planner directly to schedule a re-submittal appointment. As part of your re-submittal package, please prepare and include with your re-submittal: (1) a copy of these lists, (2) a detailed letter summarizing how all identified incomplete items and/or project issues have been addressed; and (3) five (5) sets of revised plans. No processing of your application can occur until the application is determined to be complete. When all required materials are submitted, the City has 30 days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. In addition, please note that you have six months from the date the application was initially filed, June 2, 2014, to either resubmit the application or submit the required information. Failure to resubmit the application or to submit the materials necessary to determine your application complete shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn, a new application must be submitted. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Austin Silva, 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:AS:bd c: Adam Carruth, 320 S. Cedros Ave. #400, Solana Beach, CA 92075 Javier Ureta, 3293 Roosevelt Street, Carlsbad, CA 92008 Don Neu, City Planner Steve Bobbett, Project Engineer Chris DeCerbo, Principal Planner Michele Masterson, Senior Management Analyst File Copy Data Entry Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® L^I^S RP 14-09 - CARRUTH CELLARS CARLSBAD July 7, 2014 Page 2 LIST OF ITEMS NEEDED TO COMPLETE THE APPUCATION Planning: 1. The application cannot be considered complete until the Village Master Plan Amendment to allow wineries as a provisional use within District 5 is approved by City Council. ISSUES OF CONCERN Planning: 1. Please provide the size of the building in gross and net square feet on the cover sheet. Additionally, on the floor plan, please indicate the areas within the building that have been deducted from the gross square footage with a type of pattern (i.e. hatching) or shading. 2. Will outside fermentation tanks be located on site? If so, please indicate their location on the site plan and include the dimensions of the tanks. Please note there is a 5-10 foot setback requirement for the side and rear yards. 3. Please note that wineries are not a permitted use within District S of the Village Review zone. Staff is processing your request to amend the Village Master Plan and Design Manual to allow wineries as a provisional use within District 5 and to add special provisional use standards for wineries to the plan. Additional standards may be included throughout the public hearing process. If this is the case, the plans will need to be revised to address any provisional use Standards that have been added. 4. The minimum parking space size is 170 square feet with a minimum width of 8 feet 6 inches. Please increase the size ofthe parking spaces so they meet the standard. 5. Please add a brief legal description to the plans. Engineering: 1. Please check the street improvements per drawing number DWG 122-10. Please refer to the redlined plans.