HomeMy WebLinkAbout2016-10-25; City Council; Resolution 2016-218Exhibit 1
RESOLUTION NO. 2016-218
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA,APPROVING A CONDITIONAL USE PERMIT TO ALLOW TWO
SEPARATE BREWERY TASTING ROOMS AS ACCESSORY USES IN TWO
SEPARATE ADJACENT INDUSTRIAL SUITES ON PROPERTY LOCATED IN THE
CARLSBAD CORPORATE CENTER AT 5840 EL CAMINO REAL, SUITES 100 AND
101, IN THE M -Q ZONE AND LOCAL FACILITIES MANAGEMENT ZONE 5.
CASE NAME:BREWERY IGNITER
CASE NO.:CUP 16-06
WHEREAS,the City Council of the City of Carlsbad, California has determined that pursuant to
the provisions of the Municipal Code, the Planning Commission did, on September 21, 2016, hold a
duly noticed public hearing as prescribed by law to consider Conditional Use Permit No.CUP 16-06, as
referenced in Planning Commission Resolution No.7196;and the Planning Commission adopted
Planning Commission Resolution No. 7196 recommending to the City Council that it be approved; and
WHEREAS,the City Council of the City of Carlsbad, held a duly noticed public hearing to consider
said Conditional Use Permit; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if
any,of all persons desiring to be heard,the City Council considered all factors relating to the
Conditional Use Permit.
NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Carlsbad, California,as
follows:
1.That the above recitations are true and correct.
2.That the recommendation of the Planning Commission for the approval of Conditional
Use Permit No.CUP 16-06,is approved,and that the findings and conditions of the Planning
Commission contained in Planning Commission Resolution No.7196 on file with the City Clerk and
incorporated herein by reference, are the findings and conditions of the City Council.
3.This action is final the date this resolution is adopted by the City Council.The Provisions
of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply:
Exhibit 1
"NOTICE TO APPLICANT"
The time within which judicial review of this decision must be sought is governed by Code of Civil
Procedure,Section 1094.6,which has been made applicable in the City of Carlsbad by Carlsbad
Municipal Code Chapter 1.16.Any petition or other paper seeking review must be filed in the
appropriate court not later than the ninetieth day following the date on which this decision becomes
final; however, if within ten days after the decision becomes final a request for the record is filed with
a deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time
within which such petition may be filed in court is extended to not later than the thirtieth day following
the date on which the record is either personally delivered or mailed to the party, or his attorney of
record, if he has one.A written request for the preparation of the record of the proceedings shall be
filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad,CA,92008.
PASSED,APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 25th day of October, 2016, by the following vote, to wit:
AYES:Hall, Wood, Schumacher, Blackburn.
NOES:Packard.
ABSENT:None.
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Brewery Igniter
CUP 16 -06
PLANNING COMMISSION RESOLUTION NO. 7196
1
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
2 CARLSBAD,CALIFORNIA,RECOMMENDING APPROVAL OF A
CONDITIONAL USE PERMIT TO ALLOW TWO SEPARATE BREWERY
3 TASTING ROOMS AS ACCESSORY USES IN TWO SEPARATE ADJACENT
INDUSTRIAL OFFICE AND WAREHOUSING SUITES ON PROPERTY LOCATED
4 IN THE CARLSBAD CORPORATE CENTER AT 5840 EL CAMINO REAL, SUITES
100 AND 101, IN THE M-Q ZONE AND LOCAL FACILITIES MANAGEMENT
5 ZONE 5.
CASE NAME:BREWERY IGNITER
6 CASE NO.:CUP 16-06
WHEREAS, H.G. Fenton Company, "Developer," has filed a verified application with the
8 City of Carlsbad regarding property owned by Fenton Carlsbad,LLC and H.G. Fenton Company, "Owners,"
9
described as
10
Parcel C of Minor Subdivision No. 98-11 in the City of Carlsbad, County
11 of San Diego, State of California, according to Parcel Map No. 18416,
filed in the Office of the County Recorder of San Diego County on
12 January 26, 2000 as File No. 2000-39031 of official records
13 ("the Property"); and
14 WHEREAS, said verified application constitutes a request for a Conditional Use Permit as
15 shown on Exhibits "A"—"C" dated September 21,2016,on file in the Planning Division,CUP 16-06 -
16 BREWERY IGNITER, as provided by Chapter 21.42 of the Carlsbad Municipal Code; and
17 WHEREAS,the Planning Commission did, on September 21, 2016,hold a duly noticed
18 public hearing as prescribed by law to consider said request; and
19
WHEREAS,at said public hearing,upon hearing and considering all testimony and
20
arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to
21
the CUP.
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NOW, THEREFORE,BE IT HEREBY RESOLVED by the Planning Commission of the City of
23
Carlsbad as follows:
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A)That the foregoing recitations are true and correct.
25
26 B)That based on the evidence presented at the public hearing,the Commission
RECOMMENDS APPROVAL of CUP 16-06 —BREWERY IGNITER,based on the following
27 findings and subject to the following conditions:
28
1
Findings:
2
1.That the requested use is necessary or desirable for the development of the community, and is in
3 harmony with the various elements and objectives of the general plan, including, if applicable, the
certified local coastal program, specific plan or master plan,in that the two proposed accessory
4 tasting rooms in conjunction with the two proposed breweries adjacent to each other will add
another popular use to Carlsbad that is enjoyed throughout the county. These uses will provide
5 a good balance by utilizing the industrial park space for manufacturing during typical working
hours and will provide a social environment on evenings and weekends when the industrial
6 park is less utilized.Furthermore, ancillary commercial (tasting rooms)is a compatible land use
7
under the Planned Industrial (PI)General Plan Land Use designation and is conditionally
permitted in the implementing Industrial with Qualified Development Overlay (M-Q) zone.
8 2.That the requested use is not detrimental to existing uses or to uses specifically permitted in the
9 zone in which the proposed use is to be located in that the two proposed accessory tasting rooms
in conjunction with two proposed breweries are compatible with the surrounding industrial
10 office and warehousing uses and the proposed uses will provide adequate parking that is
consistent with the city's parking requirements.The existing site has been designed to
11 accommodate all required parking on-site and provides for adequate traffic circulation.
Furthermore the tasting rooms are proposed to be located within an existing building.
12
3.That the site for the proposed conditional use is adequate in size and shape to accommodate the
13 yards,setbacks,walls,fences,parking,loading facilities,buffer areas,landscaping and other
development features prescribed in this code and required by the City Planner,planning
14 commission or city council,in order to integrate the use with other uses in the neighborhood,in
that the proposed brewery and tasting room uses will occupy a total of 4,125 square feet (Suite
15 100 -2,027 sq.ft.,Suite 101 -2,097 sq.ft.) of an existing 43,156 sq. ft. building with existing
onsite landscaping and parking and no site alterations or additional amenities are required.16 Furthermore, the project complies with all of the required development standards of the M-Q
17 Zone, including the requirement that an accessory tasting room be limited to 20%of the gross
floor area or 2,000 square feet, whichever is less.The 409 square foot accessory tasting room
18 proposed in Suite 100 is 20%of the 2,027 square foot tenant space, while the 420 square foot
accessory tasting room proposed in Suite 101 is 20% of the 2,097 square foot tenant space; all
19 of which are adequate in size and shape to accommodate the proposed uses as shown on
Exhibits "A"—"C". The brewery and tasting room uses require 12 parking spaces (6 spaces each)
20 where 16 parking spaces are available, creating an onsite surplus of 4 parking spaces.
21 4.That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the project is provided direct access from El Camino Real
22 via an existing dedicated right-turn lane into the site and Faraday Avenue.El Camino Real and
Faraday Avenue are arterial streets and can easily accommodate the 48 average daily trips
23 (ADT) (15 ADT net increase) associated with the two proposed brewery and tasting room uses.
24 5.That the City Planner has determined that the project belongs to a class of projects that the State
Secretary for Resources has found do not have a significant impact on the environment, and it is
25 therefore categorically exempt from the requirement for the preparation of environmental
documents pursuant to Section 15301— Existing Facilities of the state CEQA Guidelines.In making
26 this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the
state CEQA Guidelines do not apply to this project.
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PC RESO NO. 7196 -2-
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6.The Planning Commission has reviewed each of the exactions imposed on the Developer
2 contained in this resolution, and hereby finds,in this case, that the exactions are imposed to
mitigate impacts caused by or reasonably related to the project, and the extent and the degree
3 of the exaction is in rough proportionality to the impact caused by the project.
4 Conditions:
5 Note:Unless otherwise specified herein,all conditions shall be satisfied prior to building permit
issuance or implementation of either tasting room, whichever occurs first.
6
1.If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
7 and maintained over time, if any of such conditions fail to be so implemented and maintained
8 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
9 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
10 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 Conditional Use Permit.
11
2.Staff is authorized and directed to make, or require the Developer to make, all corrections and
12 modifications to the Conditional Use Permit documents,as necessary to make them internally
consistent and in conformity with the final action on the project.Development shall occur
13 substantially as shown on the approved Exhibits.Any proposed development, different from this
approval, shall require an amendment to this approval.
14
3.Developer shall comply with all applicable provisions of federal,state,and local laws and
15 regulations in effect at the time of building permit issuance.
16 4.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 law on this Project are challenged,17 this approval shall be suspended as provided in Government Code Section 66020.If any such
18 condition is determined to be invalid,this approval shall be invalid unless the City Council
determines that the project without the condition complies with all requirements of law.
19
5.Developer/Operator shall and does hereby agree to indemnify,protect,defend,and hold
20 harmless the City of Carlsbad,its Council members,officers,employees,agents,and
representatives, from and against any and all liabilities,losses, damages, demands, claims and
21 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 Conditional Use Permit,(b)City's approval or
22 issuance of any permit or action, whether discretionary or nondiscretionary, in connection with
the use contemplated herein,and (c)Developer/Operator's installation and operation of the
23 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.This
24 obligation survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
25
6.This project shall comply with all conditions and mitigation measures which are required as part
26 of the Zone 5 Local Facilities Management Plan and any amendments made to that Plan prior to
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the issuance of building permits.
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PC RESO NO. 7196 -3-
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7.This approval shall become null and void if building permits are not issued for this project or the
2 tasting rooms are not implemented within 24 months from the date of project approval.
3 8.Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD
4 #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section
5.09.040.Developer shall also pay any applicable Local Facilities Management Plan fee for Zone
5 5,pursuant to Chapter 21.90.All such taxes/fees shall be paid at issuance of building permit.If
the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall
6 become void.
7 9.Developer shall submit to the City a Notice of Restriction executed by the owner of the real
8 property to be developed.Said notice is 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
9 that the City of Carlsbad has issued a Conditional Use Permit by Resolution No. 7196 on the
property.Said Notice of Restriction shall note the property description,location of the file
10 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
11 to execute and record an amendment to the notice which modifies or terminates said notice upon
a showing of good cause by the Developer or successor in interest.
12
10.CUP 16-06 shall be reviewed by the City Planner annually to determine if all conditions of this
13 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:
14 1)the Conditional Use Permit was obtained by fraud or misrepresentation; or 2)the use for which
such approval was granted is not being exercised; or 3)the Conditional Use Permit is being or
15 recently has been exercised contrary to any of the terms or conditions of approval or the
conditions of approval have not been met; or 4) the use for which such approval was granted has
16 ceased to exist or has been suspended for one year or more; or 5) the use is in violation of any
17 statute, ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is
being or has been so exercised as to be detrimental to the public health, safety or welfare or so
18 as to constitute a nuisance, the City Planner shall recommend that the Planning Commission hold
a public hearing and after providing the permittee the opportunity to be heard,the Planning
19 Commission may revoke and terminate the Conditional Use Permit in whole or in part, reaffirm
the Conditional Use Permit, modify the conditions or impose new conditions.
20
11.This Conditional Use Permit is granted without an expiration date. This permit may be revoked at
21 any time after a public hearing, if it is found that the use has a substantial detrimental effect on
surrounding land uses and the public's health and welfare, or the conditions imposed herein have
22 not been met.
23 12.No outdoor storage of materials, including but not limited to barley, hops and spent grain, shall
occur on-site.If at a future date outdoor storage is desired,a Consistency Determination
24 application shall be submitted and approved by the City Planner and Fire Marshal.
25 13.Spent grain and other by-products of the brewing process shall be removed from the site and
26 properly disposed of in a timely manner so as not to cause unpleasant odors off-site.
27 14.All alcohol consumed on-site shall be limited to the 409 square foot tasting room area of Suite
100 and the 420 square foot tasting room area of Suite 101 as shown on the approved exhibits.
28 No alcohol consumption is permitted outdoors at any time.
PC RESO NO. 7196 -4-
1
15.No live music or other entertainment,as defined in Carlsbad Municipal Code (CMC) Section
2 8.09.020, is permitted unless an entertainment license is approved subject to the requirements
of CMC Chapter 8.09.
3
16.A valid license to operate a brewery tasting room in Suite 100 and Suite 101 shall be obtained
4 from the California Department of Alcoholic Beverage Control and kept current during the life
of each tasting room.
5
17.Prior to occupancy,a Certificate of Occupancy Permit for a change of use shall be issued per
6 Carlsbad Municipal Code Section 21.60.010.
7 18.The permitted hours of operation for the tasting rooms shall be Monday through Thursday,3
8 p.m. to 9 p.m.; Friday,3 p.m. to 10 p.m.; Saturday, 12 p.m. to 10 p.m.; and Sunday, 12 p.m. to
8 p.m.
9 Engineering:
10
19.Developer shall comply with the City's Stormwater Regulations,latest version,and shall
11 implement best management practices at all times.Best management practices include but are
not limited to pollution treatment practices or devices, general housekeeping practices, pollution
12 prevention and educational practices, maintenance procedures, and other management practices
or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or
13 stormwater conveyance system to the maximum extent practicable.Developer shall notify
prospective owners and tenants of the above requirements.
14
20.This project is approved upon the express condition that building permits will not be issued for
15 the development of the subject property,unless the district engineer has determined that
adequate water and sewer facilities are available at the time of permit issuance and will continue16tobe available until time of occupancy
17 Code Reminders:
18 The project is subject to all applicable provisions of local ordinances, including but not limited to the
19 following:
20 21.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 or
21 occupancy permit issuance, except as otherwise specifically provided herein.
22 22.The project shall comply with the latest nonresidential disabled access requirements pursuant to
Title 24 of the California Building Code.
23
23.Premise identification (addresses)shall be provided consistent with Carlsbad Municipal Code
24 Section 18.04.320.
25 24.Any signs proposed for this development shall at a minimum be designed in conformance with
26 the City's Sign Ordinance and shall require review and approval of the City Planner prior to
installation of such signs.
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PC RESO NO.7196 -5-
1
NOTICE
2
Please take NOTICE that approval of your project includes the "imposition"of fees,dedications,
3 reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."
4 You have 90 days from date of final approval to protest imposition of these fees/exactions.If you protest
5 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
6 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.
7
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
8 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
9 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.
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PC RESO NO.7196 -6-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
2
the City of Carlsbad, California, held on September 21, 2016, by the following vote, to wit:
3
AYES:Chairperson Anderson, Goyarts, L'Heureux, Segall and Siekmann
4
NOES:
5
ABSENT:Commissioners Black and Montgomery
6
7 ABSTAIN:
8
de.t.i19›3
10 VELYN ANDERSON, Chairperson
CARLSBAD PLANNING COMMISSION
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12 ATTEST:
13 )t
14 DON NEU
City Planner
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PC RESO NO. 7196 -7-
The City of Carlsbad Planning Division
A REPORT TO THE PLANNING COMMISSION
Item No.
Application complete date:July 1,2016
P.C. AGENDA OF:September 21, 2016 Project Planner:Jason Goff
Project Engineer:Tecla Levy
SUBJECT:CUP 16-06 -BREWERY IGNITER -Request for a Conditional Use Permit to allow two
separate brewery tasting rooms as accessory uses in two separate adjacent industrial
office and warehousing suites on property located in the Carlsbad Corporate Center at
5840 El Camino Real,Suites 100 and 101,in the M-Q Zone and Local Facilities
Management Zone 5.The City Planner has determined that this project is exempt from
the requirements of the California Environmental Quality Act (CEQA) per Section 15301,
"Existing Facilities," of the State CEQA Guidelines and will not have any adverse significant
impact on the environment.A Notice of Exemption shall be filed with the County Clerk
upon approval of this project.
I.RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No.7196 RECOMMENDING
APPROVAL of CUP 16-06, based upon the findings and subject to the conditions contained therein.
II.PROJECT DESCRIPTION AND BACKGROUND
This application is a request for a Conditional Use Permit to 1)allow for a 409 square foot accessory tasting
room to operate in conjunction with a 2,027 square foot permitted brewery use proposed in Suite 100;
and 2) allow for another 420 square foot accessory tasting room to operate in conjunction with another
2,097 square foot permitted brewery use proposed in the adjacent Suite 101; all of which are situated
within an existing 43,136 square foot multi-tenant industrial office and warehousing building (Building
"D") on property located at 5840 El Camino Real in the Carlsbad Corporate Center.The General Plan Land
Use designation for the site is Planned Industrial (PI)while the Zoning designation is Industrial with a
Qualified Development Overlay (M-Q).
The Carlsbad Corporate. Center, for which these two uses are proposed, consists of four buildings on an
8.20 acre lot with a common parking field of 371 parking spaces with surrounding site and parking lot
landscaping.Building "D", which is located in the most northwesterly portion of the site,is a horse-shoe
shaped building divided into multiple tenant suites with the two breweries with accessory tasting rooms
proposed in the most northwest corner of the building.Building "D" was originally parked for 75% office
and 25% warehouse.Based on this ratio, the Suites 100 and 101 have a total of 16 parking spaces (8
spaces each) allocated to their tenant spaces.
The proposed 2,027 square foot brewery proposed in Suite 100 consists of 1,618 sq. ft. of manufacturing
and a 409 sq. ft. tasting room.The proposed 2,097 square foot brewery proposed in Suite 101 consists of
1,677 sq. ft. of manufacturing and a 420 sq. ft. tasting room.The proposed hours of operation for both
tasting rooms are Monday through Thursday,3 p.m. to 9 p.m.; Friday,3 p.m. to 10 p.m.; Saturday, 12 p.m.
to 10 p.m.; and Sunday, 12 p.m. to 8 p.m.
oifr
tore
CUP 16-06 —BREWERY IGNITER
September 21, 2016
Page 2
The concept of a Brewery Igniter,as described by the property owner,is a turn-key brewery suite for lease
that features a state of the art,fully functional brewing system and tasting room that craft brew
entrepreneurs can use to operate a brewery business, reduce their upfront capital investment, and get
beers on the market sooner.Additionally,a Brewery Igniter should not be confused with an incubator or
shared brewing space,as each unit is solely leased and occupied by the individual business owner.
The project is compatible with the surrounding uses in that a brewery is a manufacturing use that is
permitted by right in the M-Q zone.An accessory tasting room to a brewery is a conditionally permitted
use subject to City Council approval.However,as stated above, the hours of operation for the retail
tasting room are largely outside of the typical business hours for the other industrial office and
warehousing uses at the site and also in the surrounding area.Nevertheless, each use has satisfied the
required parking on-site and will be able to operate simultaneously.The project has been conditioned to
obtain and keep a valid license from the California Department of Alcoholic Beverage Control.
Table "A" below includes the General Plan Land Use designations, zoning and current land uses of the
project site and surrounding properties.
TABLE A
Location General Plan Designation Zoning Current Land Use
Site Planned Industrial (PI)Industrial with a Qualified Office and WarehousingDevelopment Overlay (M-Q)
North Planned Industrial (PI)Industrial with a Qualified Warehousing and
Development Overlay (M-Q)Distribution
South Planned Industrial (PI)Heavy Commercial (C-M)El Camino Real and
Industrial Office
Industrial with a QualifiedEastPlanned Industrial (PI)Office and WarehousingDevelopment Overlay (M-Q)
West Planned Industrial (PI)Industrial with a Qualified Office, Manufacturing, and
Development Overlay (M-Q)Warehousing
III.ANALYSIS
The proposed project is subject to the following plans, ordinances, standards, and policies:
A.Planned Industrial (PI) General Plan Land Use Designation;
B.Industrial, Qualified Development Overlay (M-Q) Zone (C.M.C. Chapters 21.06 arid 21.32);
C.Parking Ordinance (C.M.C. Chapter 21.44);
D.Conditional Use Permit Regulations (C.M.C. Chapter 21.42); and
E.Growth Management Ordinance (C.M.C. Chapter 21.90).
The recommendation for approval of this project was developed by analyzing the project's consistency
with the applicable regulations and policies.The project's compliance with each of the above regulations
is discussed in the sections below.
CUP 16-06 —BREWERY IGNITER
September 21, 2016
Page 3
A.General Plan Compliance (Planned Industrial Land Use Designation)
The site has a General Plan Land Use designation of Planned Industrial (PI), which primarily allows for
corporate office, research & development and manufacturing, but also allows for ancillary commercial
uses.The brewery tasting room is consistent with the General Plan in that a tasting room is an ancillary
commercial use.The Industrial (M) Zone, which implements the Planned Industrial (PI) General Plan Land
Use designation, allows breweries by right and brewery tasting rooms as a conditionally permitted use
subject to City Council approval.
B.Industrial and Qualified Development Overlay (M-Q) Zone (C.M.C. Chapter 21.06 and 21.32)
The existing developed site for the proposed uses is zoned Industrial combined with a Qualified
Development Overlay (M-Q).As such, the project is subject to the Zoning Ordinance provisions found in
both Chapter 21.06 -Qualified Development Overlay (Q) Zone, and Chapter 21.32 -Industrial (M) Zone of
the Carlsbad Municipal Code.However, the Q Zone's requirement to process a Site Development Plan
(SDP)is superseded by the requirement to process a Conditional Use Permit.The original project was
developed by SDP 97-08.While breweries are permitted in the M Zone, breweries with accessory tasting
rooms are subject to the approval of a Conditional Use Permit provided tasting rooms are limited to 20%
of the gross floor area of the building/suite or 2,000 square feet, whichever is less.In the case of Suite
100, the proposed brewery and tasting room will occupy a 2,027 square foot suite area and does not
propose any additions to the existing building.The proposed tasting room is 409 square feet which is 20%
of the gross floor area of Suite 100, and therefore, complies with the 20% maximum size requirement.In
the case of Suite 101, the proposed brewery and tasting room will occupy a 2,097 square foot suite area
and does not propose any additions to the existing building.The proposed tasting room is 420 square
feet which is 20%of the gross floor area of Suite 101, and therefore, complies with the 20% maximum
size requirement.Parking compliance is discussed in section C below.
C.Parking Ordinance (C.M.C. Chapter 21.44)
The Carlsbad Corporate Center was originally approved and parked for standalone industrial office and
also a combination of industrial office and warehousing uses.The common parking lot for the overall site
includes 371 parking spaces.Building "D," where Suites 100 and 101 are located,is parked for 75% office
(1 space/250 GFA)and 25% warehouse (1 space/1,000 GFA).Based on these parking ratios, Suites 100
and 101 are allocated 16 parking spaces total, or 8 spaces each.As proposed,a primary brewery use is
considered manufacturing and has a required parking ratio of 1 parking space per 400 square feet of
manufacturing space,plus 1 parking space for each vehicle used in conjunction with the use.The
accessory tasting room has the same parking requirement as the primary use (1 parking space per 400
square feet) according to Note 3 of Table A, Section 21.34.020 of the Carlsbad Municipal Code.Neither
of the proposed breweries with their accessory tasting rooms require the need for an extra vehicle in
conjunction with the use,in that the applicant has identified these as starter brewery uses not large
enough to handle distribution.Therefore, based upon the aforementioned, the two brewery uses with
each of their accessory tasting rooms require a total of 12 parking spaces or 6 spaces each.Where 16
spaces have been provided,there will be a surplus of 4 parking spaces on-site.Future tenant
improvements and/or new uses proposed for the remaining suites on the site will be evaluated for parking
compliance prior to issuance of a building permit or business license.
CUP 16-06 —BREWERY IGNITER
September 21, 2016
Page 4
D.Conditional Use Permit Regulations (C.M.C. Chapter 21.42)
The proposed accessory tasting room uses are allowed in the Industrial with a Qualified Development
Overlay (M-Q) Zone subject to the approval ofa Conditional Use Permit by the City Council.Chapter 21.42
of the Carlsbad Municipal Code requires that four findings be made in order to approve a Conditional Use
Permit.All of these findings can be made for this project as discussed below:
1.That the requested use is necessary or desirable for the development of the community, and is in
harmony with the various elements and objectives of the general plan, including, if applicable, the
certified local coastal program,specific plan or master plan,in that the two proposed accessory
tasting rooms in conjunction with the two proposed breweries adjacent to each other will add
another popular use to Carlsbad that is enjoyed throughout the county.These uses will provide a
good balance by utilizing the industrial park space for manufacturing during typical working hours
and will provide a social environment on evenings and weekends when the industrial park is less
utilized.Furthermore, ancillary commercial (tasting rooms)is a compatible land use under the PI
General Plan Land Use designation and is conditionally permitted in the implementing M-Q zone.
2.That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone
in which the proposed use is to be located in that the two proposed accessory tasting rooms in
conjunction with two proposed breweries are compatible with the surrounding industrial office and
warehousing uses and the proposed uses will provide adequate parking that is consistent with the
city's parking requirements.The existing site has been designed to accommodate all required
parking on-site and provides for adequate traffic circulation.Furthermore the tasting rooms are
proposed to be located within an existing building.
3.That the site for the proposed conditional use is adequate in size and shape to accommodate the
yards,setbacks,walls,fences,parking,loading facilities,buffer areas,landscaping and other
development features prescribed in this code and required by the City Planner, planning commission
or city council, in order to integrate the use with other uses in the neighborhood,in that the proposed
brewery and tasting room uses will occupy a total of 4,125 square feet (Suite 100 -2,027 sq. ft.,
Suite 101 -2,097 sq.ft.) of an existing 43,156 sq. ft. building with existing onsite landscaping and
parking and no site alterations or additional amenities are required.Furthermore, the project
complies with all of the required development standards of the M-Q Zone,including the
requirement that an accessory tasting room be limited to 20%of the gross floor area or 2,000 square
feet, whichever is less.The 409 square foot accessory tasting room proposed in Suite 100 is 20%of
the 2,027 square foot tenant space, while the 420 square foot accessory tasting room proposed in
Suite 101 is 20%of the 2,097 square foot tenant space; all of which are adequate in size and shape
to accommodate the proposed uses as shown on Exhibits "A"—"C." The brewery and tasting room
uses require 12 parking spaces (6 spaces each) where 16 parking spaces are available, creating an
onsite surplus of 4 parking spaces.
4.That the street system serving the proposed uses is adequate to properly handle all traffic generated
by the proposed uses, in that the project is provided direct access from El Camino Real via an existing
dedicated right-turn lane into the site and Faraday Avenue.El Camino Real and Faraday Avenue
are arterial streets and can easily accommodate the 48 average daily trips (ADT)(15 ADT net
increase) associated with the two proposed brewery and tasting room uses.
CUP 16-06 —BREWERY IGNITER
September 21, 2016
Page 5
E.Growth Management Ordinance (C.M.C. Chapter 21.90)
The proposed project is located within Local Facilities Management Zone 5 in the northeast quadrant of
the City.The impacts on public facilities created by the project, and its compliance with the adopted
performance standards, are summarized in Table B below:
TABLE B —GROWTH MANAGEMENT
STANDARD IMPACTS COMPLIANCE?
City Administration N/A N/A
Library N/A N/A
Waste Water Treatment 2.29 EDU Yes
Parks N/A N/A
Drainage N/A N/A
Circulation 48 ADT Yes
Fire Station No.5 Yes
Open Space N/A N/A
Schools N/A N/A
Sewer Collection System 2.29 EDU Yes
Water 948 GPD Yes
IV.ENVIRONMENTAL REVIEW
The City Planner has determined that this project is exempt from the requirements of the California
Environmental Quality Act (CEQA)per Section 15301, "Existing Facilities," of the State CEQA Guidelines
and will not have any adverse significant impact on the environment. A Notice of Exemption shall be filed
with the County Clerk upon approval of this project.
ATTACHMENTS:
1.Planning Commission Resolution No. 7196
2.Location Map
3.Disclosure Statement
4.Reduced Exhibits
5.Exhibits "A"—"C" dated September 21, 2016
Development Services
City of DISCLOSURE STATEMENT Planning Division
Carlsbad P 1(A)1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
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 publicly-owned
corporation,include the names,titles,and addresses of the corporate officers.(A
separate page may be attached if necessary.)
Person Corp/Part Fenton Carlsbad, LLC
Title Title
Address.Address 7577 Mission Valley Road, Suite 200, San Diego, CA
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 (Le.,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 publicly-owned corporation,include the names,titles,and
addresses of the corporate officers.(A separate page may be attached if necessary.)
Person Corp/Part Fenton Carlsbad, LLC
Title Title
Address Address 7577 Mission Valley Road, Suite 200
San Diego, CA 92108
P-1(A)Page 1 of 2 Revised 07/10
3.NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit.organization or a trust,
list the names and addresses of ANY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profit/Trust Non Profit/Trust
Title Title
Address Address
4,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?
Yes X No If yes, please indicate person(s):
NOTE:Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge.
Signat6re of o er/date Signature of applicant/date
•
t Y•C N
Print or type name of owner Print or type name of applicant
Signatu of owner/applicant's agent if applicable/date
Regina Ochoa
Print or type name of owner/applicant's agent
P-1(A)Page 2 of 2 Revised 07/10
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