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HomeMy WebLinkAbout1995-03-28; Housing & Redevelopment Commission; 267; Carlsbad Village Brewery & Public Housej&$#+.J - HOUSING AND F-3EVELOPMENT COMMISSl~-‘ - AGENDA BI / ,o ? AB# 267 TITLE: MAJOR REDEVELOPMENT PERMIT AND + MTG, 3128195 COASTAL DEVELOPMENT PERMIT FOR RESTAURAIWMICROBREWERY AT 571 e m DEPT. RED- CARLSBAD VILLAGE DRIVE ET 2 RECOMMENDED ACTION: That the Housing and Redevelopment Commission direct the City Attorney to prepare documents APPROVING RP 94-07 and CDP 94-08 based on the findings and subject to the conditions contained therein. ITEM EXPLANATION: RP 94-07 and CDP 94-08 represent requests for a Major Redevelopment Permit and Coastal Development Permit for a change in land use to permit a new restaurant/microbrewery at 571 Carlsbad Village Drive which is located on the southwest corner of Carlsbad Village Drive and Roosevelt Street in Subarea 1 of the Village Redevelopment Area. PROJECT DESCRIPTION AND BACKGROUND The site proposed for the new Carlsbad Village Brewery and Public House is most commonly known as the Wonder Bread building. The project proposal involves a change in land use from the existing retail bakery to a new restaurant/microbrewery. The project includes the remodehrevitalization of the existing building facade, new brick detailing, new canvas canopies over the entrances and an open wood trellis over the courtyard area to be added adjacent to the west side of the building. The site work will also include the creation of 34 on-site parking spaces, addition of landscaping and the removal of three driveways. Upon completion, the renovated building will also comply with the “Unreinforced Masonry Building Code”. The proposed project will essentially be a “brew pub” which means that it is a bona fide restaurant with a bar that brews beer on the premises. The restaurant/microbrewery will offer a full service menu for lunch and dinner and provide an assortment of handcrafted beers, fine wines and other non-alcohol beverages. PARKING FOR THE PROJECT It has been determined that a mixed ratio parking requirement is applicable to the project. For the restaurant use, one (1) parking space is required for each one hundred (100) square feet of the total three thousand eight hundred (3800) square feet of gross restaurant floor space within the proposed project which includes the dining area, kitchen area, storage, restrooms and the bar area; this results in a requirement of thirty-eight (38) parking spaces for the restaurant use. The Design Review Board, with staff’s recommendation, made a determination that the most comparable parking requirement for the microbrewery is that which is applied to a neighborhood commercial/retail operation which is one (1) parking space for each 300 square feet of gross floor space; this results in an additional parking requirement of three (3) parking spaces for the microbrewery use. As a result of the application of the mixed parking ratio described above, the project has a total parking requirement of forty-one (41) spaces for the total 4512 square feet of gross floor space proposed for the project. The site can accommodate thirty-four (34) parking spaces total. If the Housing and 2 i’ 2 0 Redevelopment Commission accepts the recommendation of staff and the Design Review Board, ii c’ g : 00 - AB# L?l57 Page 2 the remaining off-street parking requirement of seven (7) parking spaces will be satisfied through a public parking space sublease with the Carlsbad Redevelopment Agency. A condition has been placed on the project which requires the applicant to enter into a sublease agreement with the Carlsbad Redevelopment Agency to satisfy the off-street parking requirement prior to initiation of operations of the restaurant/microbrewery. The subject sublease agreement will be presented separately to the Housing and Redevelopment Commission for consideration and action. PUBLIC COMMENTS The public hearing before the Design Review Board was well-attended by a variety of persons including representatives for the Chamber of Commerce and the Village Business Association. There were approximately 100 people present during the hearing. Of the total number of persons present, only one person expressed opposition to the project. The opponent requested that the item be continued until the Alcohol Beverage Control (ABC) Board had an opportunity to take action on his protest regarding issuance of the license to sell alcoholic beverages on the premises. The DRB and staff received no other objections to approval of the subject permits prior to or during the subject hearing. As an additional note, it is staffs understanding that the noted opponent has recently withdrawn his protest with ABC and has expressed no further opposition to approval of the project. SUMMARY On March 1, 1995, the Design Review Board (DRB) unanimously recommended approval of the requested permits. The DRB and staff both support this project because 1) it will eliminate a blighting influence in the Village; 2) restore a building with local historical significance; and 3) it will add an exciting new use to a very focal corner within the Village. FISCAL IMPACT: The complete project will generate new tax increment funds for the Carlsbad Redevelopment Agency as well as sales tax revenue for the City of Carlsbad. It is estimated at this time that upon completion of the improvements to the subject property the net increase in value shall be approximately $678,000. This would result in additional tax increment revenue in the amount of $6,780 per year; 20% of these funds would be deposited into the Housing Set-Aside Fund. It is estimated that the restaurant/microbrewery will gross $100,000 in sales per month or $1.2 million per year; this would result in additional sales tax revenue to the City of approximately $12,000. In addition to the tax increment and sales tax revenue to be generated, the project is expected to provide nineteen (19) new employment opportunities within the Village. EXHIBITS: l- Location Map. 2- Design Review Board Resolution Nos. 221 and 222 recommending approval of RP 94-07 and CDP 94-08, respectively. 3- Design Review Board Staff Report, dated March 1, 1995 with attachments. 4- Draft minutes from the Design Review Board Meeting of March 1, 1995. PUBLIC PARKING I I I I . I . ! -1 0: $: g I-: z 2 : 2 2 : 0 n i 1 : 5 - l a $: . . . . . I GRAND AVENUE CARLSBAD VILLAGE DRIVE l-L CITY OF CARLSBAD ........ ........ ........ ........ ........ ........ L ........ ........ ....... ........ ....... ........ ....... Site 4J EXHIBIT 1 PUBLIC PARKING N w +-I+ E S CARLSBAD BREWERY & PUBLIC HOUSE RP 9407/CDP 94-08 Hi m 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EWIBIT 2 DESIGN REVIEW BOARD RESOLUTION NO. 221 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A MAJOR REDEVELOPMENT PERMIT TO ALLOW A LAND USE CHANGE FROM A RETAIL BAKERY TO A RESTA URANTIMXROBREWERY ON PROPERTY LOCATED ON THE SOUTHWEST CORNER OF ROOSEVELT STREET AND CARLSBAD VILLAGE DRIVE. CASE NAME: CARLSBAD ViLLAGE BREWERY AND PUBLIC HOUSE APN: 203-306-02, 12 CASE NO: RP 94-07 WHEREAS, a verified application has been filed with the City of Carlsbad and referred to the Design Review Board; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Design Review Board, on the 1st day of March, 1995, did hold a duly noticed public hearing to consider said application on property described as: The northeasterly 80 feet of lots 17 thru 19 in Block 33 and all of lots 20, 21, 22 in Block 33 of City of Carlsbad, County of San Diego, State of California, according to Map Nos. 775 and 535, filed in the Office of the County Recorder February 15, 1894 and May 2, 1888, respectively. WHEREAS, at said public hearing upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Design Review Board considered all factors relating to Major Redevelopment Permit 94-07. NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as follows: . n-r\ * 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 uKl3 Page Resolution 2 . . . . 1. That the foregoing recitations are true and correct. 2. No. 221 That based on the evidence presented at the public hearing, the Design Review Board hereby recommends APPROVAL of a Major Redevelopment Permit, RP 94-07, based on the following findings and subject to the following conditions: FINDINGS: 1. The Design Review Board fmds that the environmental effects of the subject project have already been considered in conjunction with previously certified environmental document for the Village Redevelopment Plan. An Environmental Impact Review (EIR) document for the Redevelopment Plan was completed and certified in 1979. The EIR for the Redevelopment Plan considered all potential impacts of the policies, procedures and land uses proposed within the Redevelopment Plan and outlined appropriate mitigation measures to address any anticipated adverse impacts, The proposed project has been developed pursuant to, and is consistent with, the Village Redevelopment Plan and any applicable mitigation measures outlined within the EIR for this Plan. No new circumstances, as set forth in the California Environmental Quality Act Sections 15162 or 15163, have been identified which would require a subsequent Environmental Impact Review (EIR) for the subject project or a supplement to the certified EIR for the Redevelopment Plan. No additional environmental review or documents are required for this project nor Public Resources Code 21081 findings are required. 2. The project is consistent with the goals and objectives of the various elements of the General Plan because it creates a distinct identity for the Village Redevelopment Area by encouraging activities that traditionally locate in a pedestrian-oriented downtown area, including offices, restaurants and specialty retail shops. The project will also protect, preserve and enhance a structure with local historical significance within the Village Redevelopment Area. . . . . . . . . . . . . . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DRB Resolution No.221 Page 3 A key implementing policy and action program for the Village, as outlined within the Carlsbad General Plan, is to provide a variety of commercial and tourist recreational activities in connection with special entertainment facilities, restaurants and other uses which will foster a community concept. In addition to providing a new commercial use to add to the variety in the Village, the project will offer a special entertainment opportunity that will foster the desired connnunity concept because local musicians and artists will be invited to “showcase” their talents within the business establishment. 3. By inclusion of appropriate conditions on the project, the Design Review Board is satisfied that the requirements of the Public Facilities Element of the General Plan has been met insofar as they apply to sewer service for this project. Building permits will not be issued for the project unless the City Engineer determines that sewer service is available and remains available for the project. In addition, all necessary public improvements have been provided or will be required within the conditions of approval. The applicant has also agreed and is required to pay a public facilities fee to ensure the adequate provisions of public facilities. 4. The project is consistent with the City’s Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local facilities Managmeent Plan for Zone 1. The applicant is by condition, required to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by the Local Facilities Management Plan prepared for Zone 1 pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 5. The project is consistent with the Carlsbad Village Area Redevelopment Plan and the Village Design Manual because it will provide a permitted and encouraged use within Subarea 1 of the Village Redevelopment Project Area. The uses allowed in this area are the same as those allowed within the C-l, C-2 and R-P zones with a bona fide restaurant permitted by right. The project is located with the “special treatment area - Carlsbad Village Drive” for Subarea 1. Therefore, special attention has been . . . . . . . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DRB Resolution No. 221 Page 4 given to circulation for the project and design features. The project provides for improved parking and circulation on-site and will eliminate a current “eyesore” or “blighting condition” through renovation of the exterior of the existing building and occupation of a vacant building with local historical significance. 6. By inclusion of appropriate conditions on the project, the use complies with the requirements for the on-premises sale of liquor within a bona fide public eating place because the project has specifically designated parking spaces that are sufficient for the use; traffic flow on public streets or in parking areas will not cause congestion or be detrimental to other nearby neighborhood commercial uses; and, all measures have been taken to insure compatibility with the use to the surrounding neighborhood. 7. By inclusion of appropriate conditions on the project and consistent with the Carlsbad Parking Ordinance, the Design Review Board finds that adequate off-street parking will be provided for the project. The Board has determined that the restaurant space within the building shall be parked at a 1: 100 square foot ratio and that the microbrewery space shall be parked at a 1: 300 square foot ratio which is comparable to the parking requirement for a neighborhood commercial/retail establishment within Subarea 1 of the Village Redevelopment Area. 8. The project is in accordance with the applicable provisions of the Carlsbad Municipal Code as demonstrated by the processing of the appropriate discretionary permits, maintenance of compatibility with surrounding land uses, and the provision of adequate parking and landscaping. GENERAL AND PLANNING CONDITIONS: 1. Approval is granted for RP 94-07, as shown on Exhibits “A” - “G”, dated January 10, 1995, incorporated by reference and on file in the Housing and Redevelopment Department. Development shall occur substantially as shown unless otherwise noted in these conditions, and approved by the Housing and Redevelopment Director or City Engineer. 2. The applicant/developer shall provide the City with a reproducible 24” X 36”, mylar copy of the site plan as approved by the Housing and Redevelopment Commission. The site plan shall reflect the conditions of approval by the City. The plan copy shall be submitted to the Housing and Redevelopment Director and approved prior to building permit approval. . I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DRB Resolution No.221 Page 5 3. 4. 5. 6. 7. 8. 9. 10. This project is approved upon the express condition that building permits will not be issued for development on the subject property unless the District Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. This project is also approved under the express condition that the applicant pay the public facilities fee adopted by the City Council on July 28, 1987 (amended July 2, 1991) and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system of facilities and improvement plan and to fulfil1 the subdivider’s agreement to pay the public facilities fee dated November 9, 1994, a copy of which is on file with the City Clerk and is incorporated by this reference. If the fees are not paid, this application will not be consistent with the General Plan and approval for this project will be void. The project shall comply with all conditions and mitigation measures which may be required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits for this project. 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, 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 unless the Housing and Redevelopment Commission determines that the project without the condition complies with all requirements of the law. Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance. This approval shall become null and void if building permits are not issued for this project within 18 months from the date of project approval. Approval of RP 94-07 is granted subject to the approval of CDP 94-08. The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. 8 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DRB Resolution No. 221 Page 6 11. Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to city standards. Location of said receptacles shall be approved by the Housing and Redevelopment Director. The enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Housing and Redevelopment Director. 12. 13. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Housing and Redevelopment and Building Directors. The project is classified as a bona fide public eating establishment. In order to be classified as such, and maintain this classification, the establishment which engages in the sale of beer, wine or distilled spirits for consumption on the premises shall meet the following requirements: (a) Be designed and operated in such a way that the sale of alcoholic beverages is incidental to the primary restaurant operation; 09 On any day the restaurant is open to the public for business and engaged in the incidental sale of alcoholic beverages, restaurant services shall be available to the public for the evening meal for a period of not less than five hours, or for not less than four hours, if the morning or noon meal is also served to the public for a period of not less than two hours. cc> Restaurant service shall include, but not be limited to, an offering of a varied menu of foods or not less than five main courses with appropriate non-alcoholic beverages, desserts, salads, and other attendant dishes; Cd) The sale of any food prepared for consumption off the premises shall be occasional only and clearly incidental and subordinate to the on-premises restaurant operation; . . . . . . . . . . . . . . . . . . . . 1 2 3 4 5 6 7 E s 1c 11 1: 1: 11 l! l( 1' Ii 11 21 2: 2, 2' 2, 2 2 2 2 5 1 1 L ! 3 % 5 s 7 9 9 0 1 2 3 4 5 6 7 8 - DRB Resolution No. 221 Page 7 14. 15. 16. 17. (e) (g) U-0 No more than twenty-five percent (25%) of the interior area of the restaurant shall be designed, arranged or devoted to a use commonly associated with a bar or other establishment primarily engaged in the on-premise sale of alcoholic beverages. The interior area shall include only those portions of the establishment devoted to regular use by the public; A minimum of twenty percent (20%) of the gross floor area of the establishment shall be used solely for food storage, preparation, maintenance and storage of eating utensils, dishes and glassware and shall include refrigeration, cooking, warming and dishwashing equipment, and any other equipment necessary for a fully equipped restaurant kitchen; During the above specified minimum hours for restaurant services, there shall be not less than one employee per two hundred and fifty square feet of floor area devoted to food service use. Said employees shall be on the job during the specified minimum hours for the restaurant service as described in subsection (b) of this condition. Failure to meet the requirements of these subsections relating to the definition of bona fide public eating establishment (CMC 21.04.056) results in a land use classification of bar or cocktail lounge (CMC 21.04.041). An exterior lighting plan including parking areas shall be submitted for approval by the Housing and Redevelopment Director. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. No outdoor storage of material shall occur onsite unless required by the Fire Chief. In such instance, a storage plan will be submitted for approval by the Fire Chief and the Housing and Redevelopment Director. The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Housing and Redevelopment Director prior to approval of grading or building plans, whichever occurs first. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash and debris. 1 2 3 4 F .C t ‘; t ! l( 1: 1: 1: L 1 1 1 1 1 2 2 2 2 2 2 2 2 2 : 5 i 1 3 > 1 1 2 3 4 5 6 7 8 9 0 1 2 3 4 ‘5 86 :7 DRB Resolution No. 221 Page 8 18. 19. 20. 21. 22. 23. 24. . . . . I... All landscape and irrigation plans shall be prepared to conform with the City’s Landscape Manual and submitted per the landscape plan check procedures on file in the Planning Department. The applicant shall pay a landscape plan check and inspection fee as required by Section 10.08.050 of the Carlsbad Municipal Code. The frost submittal of landscape and irrigation plans shall include building plans. Any signs proposed for this development shall at a minimum be designed in conformance with the City’s Sign Ordinance and shall require review and approval of the Housing and Redevelopment Director prior to installation of such signs. Building identification and/or addresses shall be placed on the existing building so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their background color. If a non-residential housing impact fee (or linkage fee) is established by the City Council by Ordinance or resolution and this project becomes subject to the fee, then the applicant for this project, or successor(s) in interest, shall pay the linkage fee. If the project is subject to the fee, the linkage fee shall be paid at the time of issuance of building permits. If linkage fees are required for this project, and they are not paid, this project will not be consistent with the General Plan and approval for this project will become null and void. The off-street parking requirement for the project shall be forty-one (1) spaces total. This requirement was established based on the fact that thirty-eight hundred (3800) square of gross floor space will be provided for the restaurant and related operations and seven hundred twelve (712) square feet of gross floor space will be provided for the microbrewery use within the building. A mixed ratio (restaurant/retail) parking requirement was applied to the project. This parking shall be applicable to the project and must be satisfied for the entire period in which a restaurant/micro- brewery is operated on the site. The project shall provide a total of thirty- four (34) spaces on-site and seven (7) spaces within an off-street parking lot to be located within three hundred (300) feet of the project site. II 1 2 3 4 fi Y t 5 E ! l( 1: 11 1: 1, 1 1 1 1 1 2 2 2 2 2 2 2 2 2 i r 3 3 1 L 2 3 4 5 6 7 8 9 0 1 12 13 14 :5 !6 !7 !a _- DRB Resolution No.221 Page 9 25. 26. 27. 28. 29. 30. 31. . . . . . . . . To satisfy the off-street parking requirement as outlined in condition no. 24 above, the applicant shall enter into a parking sublease agreement with the Carlsbad Redevelopment Agency prior to the Building Department issuing a Certificate of Occupancy for the building. If for any reason, the Carlsbad Redevelopment Agency is unable to initially sublease, or continue to sublease, parking spaces to the applicant to satisfy the off- street parking requirement for the project, the applicant shall be required to locate additional off-street parking within three hundred (300) feet of the site and guarantee its permanent availability and maintenance through an irrevocable agreement for the complete term of restaurant./ microbrewery operations at the project site. This redevelopment permit requires amendment if the microbrewery portion of the restaurant is removed from the building. The amendment may result in an additional parking requirement for any change in the operations of this or any future restaurant project on the site. If a Parking In-Lieu Fee program is established by the Carlsbad Housing and Redevelopment Commission for the Village Redevelopment Area and the subject project is eligible to participate in the program, the Applicant shall pay the applicable parking in-lieu fee as established by the City Council and/or Housing and Redevelopment to satisfy the off-street parking requirement, or continue to lease parking spaces for the duration of the project. No amendment to this redevelopment permit will be required to implement either of these options for satisfying the off-street parking requirements for the project. No dancing shall be permitted on the premises of the subject project. Entertainment within the building shall be permitted. There shall be no entertainment provided outside the building and there shall be no audible music or noise emitting from the premises which would disturb the neighboring tenants or property owners. With the exception of doors onto the patio, rear and side doors of the premises shall remain closed at all times during business hours, except for loading and unloading of supplies. There shall be no more than two (2) pool tables and no more than four (4) game machines on the premises at any time. 1 2 3 4 5 6 7 E S 1c 13 1: 1: 14 If U 1: l( l! 2( 2: 2; 2: 21 2! 2( 2' 21 1 ) . ! 5 I 5 5 7 3 3 I L 2 3 I, 5 6 7 !3 DRB Resolution No.221 Page 10 32. The applicant shall obtain an Alcohol Beverage Control (ABC) license and maintain the license in good standing at all times for continued operation of the bar and microbrewery. ENGINEERINGCONDITIONS 33. 34. 35. 36. 37. 38. 39. . . . . Unless a standards variance has been issued, no variance from City standards is authorized by virtue of approval of this site plan. The applicant shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. The applicant shall be responsible for coordination with San Diego Gas and Electric, Pacific Bell Telephone, and Cable TV authorities. Prior to building permit issuance, the applicant shall pay all current fees and deposits required. The applicant shall comply with the City’s requirements of the National Pollutant Discharge Elimination System (NPDES) permit. The applicant shall provide best management practices to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be approved by the City Engineer prior to issuance of a building permit for the project. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, the applicant shall submit to and receive approval from the City Engineer for the proposed haul route. The applicant shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. Plans, specifications, and supporting documents for all public improvements shall be prepared to the satisfaction of the City Engineer. Prior to issuance of a building permit in accordance with City Standards, the applicant shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the site plans and the following improvements: (a) Removal of the existing driveway apron on Carlsbad Village Drive and replacement with sidewalk to match the existing sidewalk improvements. I i 2 1 I . 4 I 1 1 1 1 1 1 3 3 3 1 2 : i : : ; : : ; 1 I . ! * 3 II 5 6 7 8 9 0 .l 2 .3 .4 .5 .6 -7 !8 L9 20 21 ?3 24 25 26 27 28 DRB Resolution No.221 Page 11 ,... . . . . ..,. . . . . . . . . . . . . . . . . . . . . . . . . 09 Removal of the two existing driveways on Roosevelt Street and replacement with sidewalk. w Installation of a new driveway apron on Roosevelt Street. CARLSBAD MUNICIPAL WATER DISTRICT CONDITIONS: 40. The Developer shall be responsible for all fees, deposits and charges which will be collected before and/or after the time of issuance of the building permit. The San Diego County Water Authority capacity charge will be collected at issuance of application for meter installation. 41. Sequentially, the Developer’s Engineer shall do the following: (a) Meet with the City Fire Marshall and establish the fire protection requirements. Also, obtain G.P.M demand for domestic and irrigational needs from appropriate parties, Prepare a colored reclaimed water use area map and submit to the Planning Department for processing and approval. w Prior to the preparation of sewer, water and reclaimed water improvement plans, a meeting must be scheduled with the District Engineer for review, comment and approval of the preliminary system layouts and usages (i.e., GPM - EDU). 42. This project is approved upon the expressed condition that building permits will not be issued for development of the subject property unless the water district serving the development determines that adequate water service and sewer facilities are available at the time of application for such water service and sewer permits and will continue to be available until time of occupancy. 1 2 3 4 5 6 7 8 9 DRB Resolution No.221 Page 12 . * . . 43. The Water District anticipates the installation of a minimum 6” fire service to sprinkle the building and possible installation of a new water service to meet minimum requirements. All new connections shall be made off of Roosevelt Street. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Review Board of the City of Carlsbad, California, held on the 1st day of March, 10 1995 by the following vote to wit: 11 AYES: Noble, Welshons , Vessey , Marquez 12 19 20 21 22 23 24 25 26 27 NOES: None ABSENT: Savary ABSTAIN: None EVAN E. BECKER, HOUSING AND REDEVELOPMENT DIRECTOR 28 1 2 3 4 5 6 7 E S 1C 13 1x 1: 1L 1t It 1’: 11 l! 2( 2: 21 2: 24 21 24 2’ 21 DESIGN REVIEW BOARD RESOLUTION NO. 222 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A COASTAL DEVELOPMENT PERMIT TO ALLOW A LAND USE CHANGE FROM A RETAIL BAKERY TO A RESTAURANT/MICROBREWERY ON PROPERTY LOCATED ON THE SOUTHWEST CORNER OF ROOSEVELT STREET AND CARLSBAD VILLAGE DRIVE. CASE NAME: CARLSBAD VILLAGE BREWERY AND PUBLIC HOUSE APN: 203-306-02, 12 CASE NO: CDP 94-08 WHEREAS, a verified application has been filed with the City of Carlsbad and referred to the Design Review Board; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Design Review Board, on the 1st day of March, 1995, did hold a duly noticed public hearing to consider said application on property described as: The northeasterly 80 feet of lots 17 thru 19 in Block 33 and all of lots 20, 21, 22 in Block 33 of City of Carlsbad, County of San Diego, State of California, according to Map Nos. 775 and 535, filed in the Office of the County Recorder February 15, 1894 and May 2, 1888, respectively. WHEREAS, at said public hearing upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Design Review Board considered all factors relating to Coastal Development Permit 94-08. NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as follows: . . . . -. I\ I z 5 , 4 ! i 1 / / 1 1 1 1 1 1 1 1 1 1 i 2 2 i 2 2 2 : : 5 i 3 5 7 8 9 0 1 2 3 4 .5 .6 .7 .a -9 I !O !l !2 !3 !4 !5 26 27 28 . . . . DRB Resolution No. 222 Page 2 . . . . . . . . . . . . . . . . . . . . 1. That the foregoing recitations are true and correct. 2. That based on the evidence presented at the public hearing, the Design Review Board hereby recommends APPROVAL, of a Coastal Development Permit, CDP 94-08, based on the following fmdings and subject to the following conditions: FINDINGS: 1. The Design Review Board finds that the environmental effects of the subject project have already been considered in conjunction with previously certified environmental document for the Village Redevelopment Plan. An Environmental Impact Review (EIR) document for the Redevelopment Plan was completed and certified in 1979. The EIR for the Redevelopment Plan considered all potential impacts of the policies, procedures and land uses proposed within the Redevelopment Plan and outlined appropriate mitigation measures to address any anticipated adverse impacts. The proposed project has been developed pursuant to, and is consistent with, the Village Redevelopment Plan and any applicable mitigation measures outlined within the EIR for these Plans. No new circumstances, as set forth in the California Environmental Quality Act Sections 15162 or 15163, have been identified which would require a subsequent Environmental Impact Review (EIR) for the subject project or a supplement to the certified EIR for the Redevelopment Plan. No additional environmental ‘review or documents are required for this project nor Public Resources Code 21081 findings are required. 2. The project is consistent with the goals and objectives of the various elements of the General Plan because it creates a distinct identity for the Village Redevelopment Area by encouraging activities that traditionally locate in a pedestrian-oriented downtown area, including offices, restaurants and specialty retail shops. The project will also protect, preserve and enhance a structure with local historical significance within the Village Redevelopment Area. . 1 2 3 4 5 E 'i E I l( 1: 1: 1: 1, 1 1 1 1 1 2 2 2 2 2 2 2 2 2 DRB Resolution No.222 Page 3 . . . . . . . . . . . . . . . . . . . . A key implementing policy and action program for the Village, as outlined within the Carlsbad General Plan, is to provide a variety of commercial and tourist recreational activities in connection with special entertainment facilities, restaurants and other uses which will foster a community concept. In addition to providing a new commercial use to add to the variety in the Village, the project will offer a special entertainment opportunity that will foster the desired community concept because local musicians and artists will be invited to “showcase” their talents within the business establishment. 3. By inclusion of appropriate conditions on the project, the Design Review Board is satisfied that the requirements of the Public Facilities Element of the General Plan has been met insofar as they apply to sewer service for this project. Building permits will not be issued for the project unless the City Engineer determines that sewer service is available and remains available for the project. In addition, all necessary public improvements have been provided or will be required within the conditions of approval. The applicant has also agreed and is required to pay a public facilities fee to ensure the adequate provisions of public facilities. 4. The project is consistent with the City’s Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local facilities Managmeent Plan for Zone 1. The applicant is by condition, required to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by the Local Facilities Management Plan prepared for Zone 1 pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 5. The project is consistent with the Carlsbad Village Area Redevelopment Plan and the Village Design Manual because it will provide a permitted and encouraged use within Subarea 1 of the Village Redevelopment Project Area. The uses allowed in this area are the same as those allowed within the C-l, C-2 and R-P zones with a bona fide restaurant permitted by right. The project is located with the “special treatment area - Carlsbad Village Drive” for Subarea 1. Therefore, special attention has been ‘- -2 1 2 1 G 4 ! t ? I d l( 1' 1 1 1 1 1 1 1 1 2 2 i 2 i i : : : DRB Resolution No. 222 Page 4 . . . . given to circulation for the project and design features. The project provides for improved parking and circulation on-site and will eliminate a current “eyesore” or “blighting condition” through renovation of the exterior of the existing building and occupation of a vacant building with local historical significance. 6. By inclusion of appropriate conditions on the project, the use complies with the requirements for the on-premises sale of liquor within a bona fide public eating place because the project has specifically designated parking spaces that are sufficient for the use; traffic flow on public streets or in parking areas will not cause congestion or be detrimental to other nearby neighborhood commercial uses; and, all measures have been taken to insure compatibility with the use to the surrounding neighborhood. 7. By inclusion of appropriate conditions on the project and consistent with the Carlsbad Parking Ordinance, the Design Review Board finds that adequate off-street parking will be provided for the project. The Board has determined that the restaurant space within the building shall be parked at a 1: 100 square foot ratio and that the microbrewery space shall be parked at a 1:300 square foot ratio which is comparable to the parking requirement for a neighborhood commercial/retail establishment within Subarea 1 of the Village Redevelopment Area. 8. The project is in accordance with the applicable provisions of the Carlsbad Municipal Code as demonstrated by the processing of the appropriate discretionary permits, maintenance of compatibility with surrounding land uses, and the provision of adequate parking and landscaping. CONDITIONS: 1. Approval is granted for CDP 94-08, as shown on Exhibits “A” - “G”, dated January 10, 1995, incorporated. by reference and on file in the Housing and Redevelopment Department. Development shall occur substantially as shown unless otherwise noted in these conditions, and approved by the Housing and Redevelopment Director or City Engineer. . . . . ..*. . . . . . . . . . . . . . . . . ‘- DRB Resolution No. 222 Page 5 2. Approval of CDP 94-08 is subject to approval of RP 94-07. All conditions of RP 94-07 as contained in Design Review Board Resolution No. 221 dated March 1, 1995, on file in the Housing and Redevelopment Department, are incorporated herein by reference. 3. Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance, the Village Design Manual, and all other applicable City ordinances in effect at the time of building permit issuance. PASSED, APPROVED, AND ADOFI’ED at a regular meeting of the Design Review Board of the City of Carlsbad, California, held on the 1st day of March, 1995 by the following vote to wit: AYES: Noble, Welshons, Vessey, Marquez NOES: None ABSENT: Savary ABSTAIN: None CHAIRPERSON ATTEST: / ” EVAN E. BECKER, HOUSING AND REDEVELOPMENT DIRECTOR - EXHIBIT 3 -- Application Complete Date: January 11. 1995 Staff: Debbie Fountain Brian Hunter Ken Quon Date: March 1, 1995 TO: DESIGN REVIEW BOARD FROM: HOUSING AND REDEVELOPMENT DEPARTMENT SUBJECT: RI’ 94-07/CDP 94-08 - CARLSBAD VILLAGE BREWERY AND PUBLIC HOUSE - Request to approve a Major Redevelopment Permit and Coastal Development Permit to allow a use change from retail to restaurant for a 4,512 square foot building on the southwest corner of Carlsbad Village Drive and Roosevelt Street in Sub-Area 1 of the Village Redevelopment Area. I. STAFJ? RECOMMENDATION Staff recommends that the Design Review Board APPROVE Resolution No.221 and 222 recommending approval by the Housing and Redevelopment Commission of a Major Redevelopment Permit and Coastal Development Permit to allow a use change from retail to restaurant for a 4,512 square foot building on the southwest comer of Carlsbad Village Drive and Roosevelt Street. II. PROJECT DESCRIPTION AND BACKGROUND The site proposed for the new Carlsbad Village Brewery and Public House is known as the Wonder Bread building. According to local records, the building on the site was originally constructed in 1932 as an automobile dealership and was converted to a retail bakery in 1951. The current project proposal involves a change in land use from the retail bakery to a restaurant/microbrewery. The project includes the remodel/revitalization of the existing building facade, new brick detailing, new canvas canopies over the entrances and an open wood trellis over the courtyard area to be added adjacent to the west side of the building. The site work will include the creation of 34 on-site parking spaces, addition of landscaping and the removal of three driveways. Upon completion, the renovated building will also comply with the “Unreinforced Masonry Building Code”. The proposed restaurant/microbrewery will offer a full service menu for lunch and dinner. The menu will include such items as pizza appetizers, sandwiches, hamburgers, salads, desserts and more. Also, patrons will be able to select from a list of handcrafted beers, fine wines and soft drinks. Initially, the restaurant will offer seven (7) types of handcrafted beers; eventually, the’ list will include a total of ten (10) types of beers. RF’ 94-07KDP 94-08 March 1, 1995 Page 2 The project has been classified as a bona fide public eating establishment because it has been designed and will be operated in such a way that the sale of alcoholic beverages will be incidental to the primary restaurant operation. The establishment will provide a varied menu of foods with not less than five (5) main courses with appropriate non-alcoholic beverages, desserts, salads and other attendant dishes. The project also meets all other conditions set forth within the Carl&ad Municipal Code Section 21.04.056 for a bona fide public eating establishment. The project will include a total of 712 square feet within the building for a microbrewery. This area will be used to produce and store the handcrafted beers to be served at the restaurant. These beers are generally produced by using malted barley, hops, yeast and water. The production may also include spices, herbs and fruit seasonings. This microbrewery will not produce any commercial or industrial waste which could be hazardous to the environment; it offers a very clean operation for the production of beers. The proposed project will essentially be a “brew pub” which means that it is a bona fide restaurapt with a bar that brews beer on the premises. The brew pub is the result of the new craft beer movement. The fust of these new types of restaurants originally opened in Northern California in the early 1980s and the concept.soon spread to the Pacific Northwest. Although San Diego came late to the national microbrewery craze, the County now boasts about having a total of nine (9) of these brew pubs. The proposed Carlsbad Village Brewery and Public House will be the tenth for the County and the first for the City of Carlsbad. These new brew pubs have evolved into a comfortable place to sit with friends, have a good meal, enjoy warm conversation and drink a freshly made, handcrafted beer. In addition CO these fine qualities, the Carlsbad Village Brewery and Public House will offer opportunities to local musicians and artists to “showcase” their skills and talents on a rotating basis. Space will be made available within the establishment for local artists to display their artwork. Also, music which does not require amplification will be provided on a regular basis. Because of the “good neighbor” and environmentally friendly nature of these type of establishments, it is anticipated that the proposed restaurantimicrobrewery will become an integral part of the Carlsbad community. m. VILLAGE DESIGN MANUAL, LOCAL COASTAL PLAN AND REDEVELOPMENT PLAN CONSISTENCY The primary objective for the Village Redevelopment Plan is to eliminate blight in the area. Blight comes in a variety of forms which include physical deterioration of buildings, inadequate public improvements, vacant buildings, and underutilization of buildings. The proposed project will aid in the elimination of blight through restoration of a currently vacant and deteriorated building. The project also will provide a very attractive use for a critical comer within the Village Redevelopment Area. - . RP 94-07KDP 94-08 March 1, 1995 Page 3 The proposed land use is consistent with the Village Design Manual/Local Coastal Plan and Redevelopment Plan for the Village Redevelopment Area. The proposed site is located within . Subarea 1 of the Village Redevelopment Area. The uses allowed in this area are the same as those allowed within the C-l, C-2 and R-P zones as indicated in the Carlsbad Municipal Code. Specifically, the C-l zoning classification allows for bona fide restaurants with on-premises sale of liquor. The proposed land use meets the definition for a bona fide restaurant and is, therefore, consistent with the allowed uses for the area. The site for the proposed restaurant./microbrewery is located within Subarea 1, ‘or the “Village Centre”, as indicated within the Village Design Manual. The area is to serve as a focal point and was intended to become the attracting force for the Redevelopment Project Area. The goal for subarea 1 is to function as a major fmancial, specialty, commercial center for the downtown arca. The site is located at a key location within the Village and the proposed establishment will offer a specialty item which is currently not available within the area - handcrafted beer. The proposed restaurant/microbrewery will provide a very unique, exciting attraction for the Village which is consistent with the Village Redevelopment Plan and implementing Design Manual, Iv. GENERAL PLAN CONSISTENCY The project is consistent with the goals and objectives of the various elements of the General Plan. One of the goals of the City for the Village Redevelopment Area is to create a distinct identity for the Village by encouraging activities that traditionally locate in a pedestrian-oriented downtown area, including offices, restaurants and specialty retac shops. A key implementing policy and action program for the Village is to provide a variety of commercial and tourist recreational activities in connection with special entertainment facilities, restaurants and other uses which will foster a community concept. By offering a new type of restaurant with the brewing of beer on-site, the proposed project adds to the variety of restaurants/commercial uses in the Village which will attract tourists as well as provide a comfortable place for Carlsbad residents to meet and dine. Additionally, the restaurant/microbrewery will offer a special entertainment opportunity that will foster the desired community concept because local musicians and artists will be invited to “showcase” their talents within the establishment. As stated previously, the proposed project meets the goals and objectives of the various elements of the Carlsbad General Plan, as outlined for the Village Redevelopment Area, because it will assist in the effort to create a distinct identity for the Village. The project will also protect, preserve and enhance a building which has local historical significance within the Village Redevelopment Area. To further address the goals and objectives of the General Plan, appropriate conditions will be placed on the project to ensure that adequate public facilities are available, such as sewer and water, to serve the new land use. For example, before a building permit will be issued for the project, the City Engineer must determine that sewer service is available and will remain available for the new restaurant/microbrewery. The project will also RP 94-07/CDP 94-08 March 1, 1995 Page 4 be conditioned to pay the applicable public facilities fees and complete public improvements * deemed necessary by the City Engineer. The public improvements for this project include the removal of three (3) driveways on Roosevelt Street and Carlsbad Village Drive and the construction of one (1) new driveway to improve circulation to and from the site, V. PARKING ANALYSIS AND ZONING ORDINANCE COMPLIANCE Based on Redevelopment Staff recommendations, as outlined below, the proposed restaurantimicrobrewery project has a total parking requirement of forty-one (41) spaces for the total 4512 square feet of gross floor space proposed for the project. This calculation is based on the following application of the Carlsbad Parking Ordinance (CMC 21.44): 0 Staff applied a mixed parking ratio to the proposed project. Per Section 21.44.050(3) of the Carlsbad Parking Ordinance, a “mixed occupancy parking ratio” may be used for mixed uses within a single building or on a single lot. When using the mixed occupancy parking ratio, “the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately. ” The mix of uses within the proposed project/building are bona fide restaurant (with on-premises sale of liquor) and a microbrewery. The City does not routinely use the mixed parking ratio for determining the parking requirement for restaurants because there is a built-m factor which partially compensates for the incidental uses within any given restaurant such as storage, kitchen facilities, and bar area. However, since the microbrewery is a fairly new type of land use and does not fit neatly into the average restaurant operations mold, Redevelopment Agency staff feels that it is appropriate to separate the microbrewery from the restaurant area for the sole purpose of determining the project’s total parking requirement. For all intents and purposes, the land use for the project remains a “bona fide restaurant with on-premises sale of alcohol. ” The respective parking requirements for the restaurant and microbrewery, as recommended by staff, are outlined below. 0 For the restaurant use, one (1) parking space is required for each one hundred (100) square feet of the total three thousand eight hundred (3800) square feet of gross restaurant floor space within the proposed project which includes the dining area, kitchen area, storage, restrooms and the bar area; this results in a requirement of thirty-eight (38) parking spaces for the restaurant use. 0 The Carlsbad Municipal Code does m contain a land use category or parking requirement for a “microbrewery”. Section 21.44.030 of the Code states that “where the parking requirements for a use are not specifically defmed.. . , the parking requirements 24 RI’ 94-07KDP 94-08 March 1, 1995 Page 5 for such use shall be determined by the planning commission [or Design Review Board], and such determination shall be based upon the requirements for the most comparable use specified in this chapter. ” Staff is recommending to the Design Review Board that a determination be made that the most comparable parking requirement for the microbrewery is that which is applied to a neighborhood commercial/retail operation which is one (1) parking space for each 300 square feet of gross floor space (a retail parking ratio). As stated previously, the uses allowed within the Village Design Manual for Subarea 1 are the same as those allowed within the C-l, C-2 and R-P zones as outlined within the Carlsbad Municipal Code. The proposed microbrewery use is comparable to the other commercial uses allowed within the C-l zone. Although a microbrewery is not specifically listed as a use within this zone, Section 21.26.010(27) states that “similar establishments catering directly to the consumers” are permitted within the C-l zone. Comparable to a bakery or a delicatessen, the microbrewery produces a good which is then sold directly to the consumer. Also, like a small family-owned bakery or delicatessen, a microbrewery does not engage in mass production and/or wide distribution of beer. The beer is produced for the purpose of selling it directly to the consumer at the site of production. For these reasons, staff has determined that the appropriate parking ratio is that which is comparable to a retail bakery or delicatessen which is parked at a retail ratio (as indicated above). With the recommendation of the Design Review Board to use the retail parking requirement for the microbrewery portion of the proposed restaurant, the total parking requirement is forty-one (41) spaces. The site can accommodate thirty-four (34) parking spaces total. The remaining off- street parking requirement of seven (7) parking spaces will be satisfied through a sublease with the Carlsbad Redevelopment Agency. The applicant shall sublease seven (7) parking spaces from the Agency for as long as the parking is required for the approved use. A condition has been placed on the project which requires the applicant to enter into a sublease agreement with the Carlsbad Redevelopment Agency to satisfy the off-street parking requirement prior to initiation of operations of the restaurant/microbrewery. This parking arrangement is consistent with the Carlsbad Municipal Code Section 21.44.050(2)(c) which states that off-street parking facilities must be provided within 300 feet of the building they serve. By subleasing the subject seven (7) parking spaces from the Carlsbad Redevelopment Agency, the proposed project is able to meet its off-street parking requirement. Fortunately, the project site is also in close proximity to approximately 110 public parking spaces and there is a substantial amount of on-street parking within the area. The Redevelopment Department has, therefore, determined that there is adequate (on-street and off street) parking for the proposed project and that it complies with the zoning ordinance related to parking. 25 RP 94-07KDP 94-08 March 1, 1995 Page 6 Parking for the building, as described above, is applicable and must be satisfied for the entire period in which a restaurant/microbrewery is operated on the site. If for any reason, the Carlsbad Redevelopment Agency is unable to initially sublease, or continue to sublease, parking spaces to satisfy the off-street parking requirement for the proposed restaurant/microbrewery, the applicant will be required to locate additional off-street parking within 300 feet of the site and guarantee its permanent availability and maintenance through a irrevocable agreement for the complete term of restaurantimicrobrewery operations at the site. Also, a condition has been placed on the project which requires an amendment if the microbrewery portion of the restaurant is removed from the building; additional parking may he required for any change in operations of this or future restaurants on the site. Due to current proposals under consideration as part of the new “Master Plan and ~phxnentation Strategy” for the Village Redevelopment Area, it is possible that a “Parking In- Lieu Fee Program” may be established which will allow property owners/project applicants to pay a one-time fee rather than on-going sublease payments for public parking spaces. A condition has been placed on the project which indicates that if, and when, this program is established, the applicant will be allowed to either continue the sublease arrangement with the Redevelopment Agency or immediately pay the subject fee as established by the City Council/Housing and Redevelopment Commission to satisfy the parking requirements for the project. In addition to meeting the zoning standards for parking, the proposed project meets all other standards outlined with the Zoning Ordinance. VI. ENVIROlVMENTAL REVIEW Staff recommends that the Design Review Board recommend to the Housing and Redevelopment Commission that a finding be made which states that the environmental effects of the subject project have already been considered in conjunction with previously certified environmental documents for the Village Redevelopment Plan. A Master Environmental Impact Review (MEIR) document for the Redevelopment Plan was completed and certified by the Planning Commission on November 14, 1979. This MEIR considered all potential impacts of the policies, procedures and land uses proposed within the Redevelopment Plan and outlined appropriate mitigation measures to address any anticipated adverse impacts. The proposed project has been developed pursuant to, and is consistent with, the Village Redevelopment Plan and any applicable mitigation measures outlined within the MEIR for the Plan. No new circumstances, as set forth in the California Environmental Quality Act Sections 15162 or 15163, have been identified which would require a subsequent Environmental Impact Review @IX) for the project or a supplement to the certified MEIR for the Redevelopment Plan. Therefore, with the recommended fiding, no additional environmental review is required for this project. 26 RI’ 94-07/CDP 94-08 March 1, 1995 Page 7 VII. CONCLUSION Staff is supportive of this project because 1) it will eliminate a blighting influence; 2) restore a building with local historical significance; and 3) it will add an exciting new use to a very focal comer within the Village. Therefore, staff recommends that the Design Review Board take action to approve a recommendation to the Housing and Redevelopment Commission for approval of the redevelopment and coastal development permits related to this project. EXHIBITS: l- Design Review Board Resolution Nos. 221 and 222 recommending approval of RP 94-07 and CDP 94-08, respectively. 2- Location Map. 3- Background Data Sheet, Project Description, and Disclosure Statement. 4- Exhibits “A” - “G”, dated January 10, 1995 (on file in the Housing and Redevelopment Department); 27 . 1 2 3 4 5 6 . 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 2E DESIGN REVIEW BOARD RESOLUTION NO. 221 A RESOLUTION OF THE DESIGN REV-JEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A MAJOR REDEVELOPMENT PERMIT TO ALLOW A LAND USE CHANGE FROM A RETAIL BAKERY TO A RESTAURANTRMICROBREWERY ON PROPERTY LOCATED ON THE SOUTHWEST CORNER OF ROOSEVELT STREET AND CARISBAD VILLAGE DRIVE. CASE NAME: CARLSBAD VILLAGE BREWERY AND PUBLIC HOUSE APN: 203-306-02, 12 CASE NO: RP 94-07 WHEREAS, a verified application has been filed with the City of Carlsbad and referred to the Design Review Board; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Design Review Board, on the 1st day of March, 1995, did hold a duly noticed public hearing to consider said application on property described as: The northeasterly 80 feet of lots 17 thru 19 in Block 33 and all of lots 20, 21, 22 in Block 33 of City of Carlsbad, County of San Diego, State of California, according to Map Nos. 775 and 535, filed in the Office of the County Recorder February 15, 1894 and May 2, 1888, respectively. WHEREAS, at said public hearing upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Design Review . Board considered all factors relating to Major Redevelopment Permit 94-07. NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as follows: 28 - d 6 7 6 E l( 1' 1: 1: 14 I! 11 1 1 1 2 2 2 4 : : : 4 I 2 3 4 5 6 7 a 9 10 !1 !2 !3 ?4 25 26 27 28 DRB Resolution No. 221 Page 2 . . . . . . . . 1. That the foregoing recitations are true and correct. 2. That based on the evidence presented at the public hearing, the Design Review Board hereby recommends APPROVAL of a Major Redevelopment Permit, RP 94-07, based on the following findings and subject to the following conditions: FINDINGS: 1. 2. . . . . The Design Review Board finds that the environmental effects of the subject project have already been considered in conjunction with previously certified environmental documents for the Village Redevelopment Plan and the General Plan. A Master Environmental Impact Review (MEIR) document for the Redevelopment Plan and the General Plan was completed and certified in 1979 and 1993 respectively. The MEIR for the Redevelopment Plan considered all potential impacts of the policies, procedures and land uses proposed within the Redevelopment Plan and outlined appropriate mitigation measures to address any anticipated adverse impacts. The proposed project has been developed pursuant to, and is consistent with, the Village Redevelopment Plan and General Plan and any applicable mitigation measures outlined within the MEIR for these Plans. No new circumstances, as set forth in the California Environmental Quality Act Sections 15162 or 15163, have been identified which would require a subsequent Environmental Impact Review (EIR) for the subject project or a supplement to the certified MEIR for the Redevelopment Plan or General Plan. No additional environmental review or documents are required for this project nor Public Resources Code 21081 findings are required. The project is consistent with the goals and objectives of the various elements of the General Plan because it creates a distinct identity for the Village Redevelopment Area by encouraging activities that’ traditionally locate in a pedestrian-oriented downtown area, including offices, restaurants and specialty retail shops, The project will also protect, preserve and enhance a structure with local historical significance within the Village Redevelopment Area. 1 2 3 4 . 5 6 7 a 9 10 11 12 13 14 15 16 17 1r l! 2( 2' 2: 2: 2 2 2 2 2 DRB Resolution No.221 Page 3 . ..# A key implementing policy and action program for the Village, as outlined within the Carlsbad General Plan, is to provide a variety of commercial and tourist recreational activities in connection with special entertainment facilities, restaurants and other uses which will foster a community concept. In addition to providing a new commercial use to add to the variety in the Village, the project will offer a special entertainment opportunity that will foster the desired community concept because local musicians and artists will be invited to “showcase” their talents within the business establishment. 3. By inclusion of appropriate conditions on the project, the Design Review Board is satisfied that the requirements of the PubIic Facilities EIement of the General Plan has been met insofar as they apply to sewer service for this project. Building permits will not be issued for the project unless the City Engineer determines that sewer service is available and remains available for the project. In addition, all necessary public improvements have been provided or will be required within the conditions of approval. The applicant has also agreed and is required to pay a public facilities fee to ensure the adequate provisions of public facilities. 4. The project is consistent with the City’s Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local facilities Managmeent Plan for Zone 1. The applicant is by condition, required to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by the Local Facilities Management Plan prepared for Zone 1 pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 5. The project is consistent with the Carlsbad Village Area Redevelopment Plan and the Village Design Manuai because it will provide a permitted and encouraged use within Subarea 1 of the Village Redevelopment Project Area. The uses allowed in this area are the same as those allowed within the C-l, C-2 and R-P zones with a bona fide restaurant permitted by right. The project is located with the “special treatment area - Carlsbad Village Drive” for Subarea 1. Therefore, special attention has been . . . . . . . . . . . . . . . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1: lf 11 1t l! 2( 2' 2: 2: 2 2 2 2 2 DRB Resolution No. 221 Page 4 given to circulation for the project and design features. The project provides for improved parking and circulation on-site and will eliminate a current “eyesore” or “blighting condition” through renovation of the exterior of the existing building and occupation of a vacant building with local historical significance. 6. By inclusion of appropriate conditions on the project, the use complies with the requirements for the on-premises sale of liquor within a bona fide public eating place because the project has specifically designated parking spaces that are sufficient for the use; traffic flow on public streets or in parking areas will not cause congestion or be detrimental to other nearby neighborhood commercial uses; and, all measures have been taken to insure compatibility with the use to the surrounding neighborhood. 7. By inclusion of appropriate conditions on the project and consistent with the Carlsbad Parking Ordinance, the Design Review Board fmds that adequate off-street parking will be provided for the project. The Board has determined that the restaurant space within the building shall be parked at a 1: 100 square foot ratio and that the microbrewery space shall be parked at a 1:300 square foot ratio which is comparable to the parking requirement for a neighborhood commercial/retail establishment within Subarea 1 of the Village Redevelopment Area. 8. The project is in accordance with the applicable provisions of the Carlsbad Municipal Code as demonstrated by the processing of the appropriate discretionary permits, maintenance of compatibility with surrounding land uses, and the provision of adequate parking and landscaping. GENERAL AND PLANNING CONDITIONS: 1. Approval is granted for RP 94-07, as shown on Exhibits “A” - “G”, dated January 10, 1995, incorporated by reference and on file in the Housing and Redevelopment Department. Development shall occur substantially as shown unless otherwise noted in these conditions, and approved by the Housing and Redevelopment Director or City Engineer. 2. The applicantideveloper shall provide the City with a reproducible 24" X 36", mylar copy of the site plan as approved by the Housing and Redevelopment Commission. The site plan shall reflect the conditions of approval by the City. The plan copy shall be submitted to the Housing and Redevelopment Director and approved prior to building permit approval. . . . . 1 2 3 4 5 6 7 8 9 10 11 14 1: 14 1t 1t 1; II l! 21 2 2: 2 2 2 2 2 2 DRB Resolution No.221 Page 5 3. 4. 5. 6. 7. 8. 9. 10. This project is approved upon the express condition that building permits will not be issued for development on the subject property unless the District Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. This project is also approved under the express condition that the applicant pay the public facilities fee adopted by the City Council on July 28, 1987 (amended July 2, 1991) and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system of facilities and improvement plan and to fulfil1 the subdivider’s agreement to pay the public facilities fee dated November 9, 1994, a copy of which is on file with the City Clerk and is incorporated by this reference. If the fees are not paid, this application will not be consistent with the General Plan and approval for this project will be void. The project shall comply with all conditions and mitigation measures which may be required as part of the Zone 1 Local Facilities Management Plan and any amendments made to. that Plan prior to the issuance of building permits for this project. 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, 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 unless the Housing and Redevelopment Commission determines that the project without the condition complies with all requirements of the law. Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance. This approval shall become null and void if building permits are not issued for this project within 18 months from the date of project approval, Approval of RP 94-07 is granted subject to the approval of CDP 94-08. The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. ! 1 . I 32 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DRB Resolution Page 6 No. 221 11. Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to city standards. Location of said receptacles shall be approved by the Housing and Redevelopment Director. The enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Housing and Redevelopment Director. 12. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Housing and Redevelopment and Building Directors. 13. The project is classified as a bona fide public eating establishment. In order to be classified as such, and maintain this classification, the establishment which engages in the sale of beer, wine or distilled spirits for consumption on the premises shall meet the following requirements: (a) Be designed and operated in such a way that the sale of alcoholic beverages is incidental to the primary restaurant operation; On any day the restaurant is open to the public for business and engaged in the incidental sale of alcoholic beverages, restaurant services shall be available to the public for the evening meal for a period of not less than five hours, or for not less than four hours, if the morning or noon meal is also served to the public for a period of not less than two hours. w Restaurant service shall include, but not be limited to, an offering of a varied menu of foods or not less than five main courses with appropriate non-alcoholic beverages, desserts, salads, and other attendant dishes; W The sale of any food prepared for consumption off the premises shall be occasional only and clearly incidental and subordinate to the on-premises restaurant operation; ..,. . ..s ..,. . . . . . . . . . 1 2 3 4 5 6 7 E E 1( 1' 1: 1: 14 11 11 1 1 1 2 2 2 4 ; : : 4 1 DRB Resolution No. &IL- Page 7 14. 15. 16. 17. 63 03 64) Q No more than twenty-five percent (25%) of the interior area of the restaurant shall be designed, arranged or devoted to a use commonly associated with a bar or other establishment primarily engaged in the on-premise sale of alcoholic beverages. The interior area shall include only those portions of the establishment devoted to regular use by the public; A minimum of twenty percent (20%) of the gross floor area of the establishment shall be used soIely for food storage, preparation, maintenance and storage of eating utensils, dishes and glassware ‘and shall include refrigeration, cooking, warming and dishwashing . equipment, and any other equipment necessary for a fully equipped restaurant kitchen; During the above specified minimum hours for restaurant services, there shall be not less than one employee per two hundred and fifty square feet of‘floor area devoted to food service use. Said employees shall be on the job during the specified minimum hours for the restaurant service as described in subsection (b) of this condition. Failure to meet the requirements of these subsections relating to the definition of bona fide public eating establishment (CMC 2134.056) results in a land use classification of bar or cocktail lounge (CMC 21.04.041). An exterior lighting plan including parking areas shall be submitted for approval by the Housing and Redevelopment Director. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. No outdoor storage of material shall occur onsite unless required by the Fire Chief. In such instance, a storage plan will be submitted for approval by the Fire Chief and the Housing and Redevelopment Director. The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Housing and Redevelopment Director prior to approval of grading or building plans, whichever occurs first. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash and debris. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DRB Resolution Page 8 No. 221 18. 19. 20. 21. 22. 23. 24. All landscape and irrigation plans shall be prepared to conform with the City’s Landscape Manual and submit-ted per the landscape plan check procedures on file in the Planning Department. The applicant shall pay a landscape plan check and inspection fee as required by Section 10.08.050 of the Carlsbad Municipal Code. The first submittal of landscape and irrigation plans shall include building plans, improvement plans and grading plans. Any signs proposed for this development shalI at a minimum be designed in conformance with the City’s Sign Ordinance and shall require review and approval of the Housing and Redevelopment Director prior to installation of such signs. Building identification and/or addresses shall be placed on the existing building so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their background color, If a non-residential housing impact fee (or linkage fee) is established by the City Council by Ordinance or resolution and this project becomes subject to the fee, then the applicant for this project, or successor(s) in interest, shall pay the linkage fee. If the project is subject to the fee, the linkage fee shall be paid at the time of issuance of building permits. If linkage fees are required for this project, and they are not paid, this project will not be consistent with the General Plan and approval for this project will become null and void. The off-street parking requirement for the project shall be forty-one 41) spaces total. This requirement was established based on the fact that thirty-eight hundred (3800) square of gross floor space will be provided for the restaurant and related operations and seven hundred twelve (712) square feet of gross floor space will be provided for the microbrewery use within the building. A mixed ratio (restaurant/retail) parking requirement was applied to the project. This parking shall be applicable to the project and must be satisfied for the entire period in which a restaurantimicro- brewery is operated on the site. The project shall provide a total of thirty- four (34) spaces on-site and seven (7) spaces within an off-street parking lot to be located within three hundred (300) feet of the project site. 4 5 6 7 a 9 1C 11 1; 1; 11 l! 14 1' 11 1' 2 2 2 2 2 z : ; : - DRB Resolution No.221 Page 9 25. 26. 27. 28. No dancing shall be permitted on the premises of the subject project. 29. Entertainment within the building shall be permitted. There shall be no entertainment provided outside the building and there shall be no audible music or noise emitting from the premises which would disturb the neighboring tenants or property owners. 30. 31.’ *... . . . . To satisfy the off-street parking requirement as outlined in condition no. 24 above, the applicant shall enter into a parking sublease agreement with the Carlsbad Redevelopment Agency prior to the Building Department issuing a Certificate of Occupancy for the building. If for any reason, the Carlsbad Redevelopment Agency is unable to initially sublease, or continue to sublease, parking spaces to the applicant to satisfy the off- street parking requirement for the project, the applicant shall be required to locate additional off-street parking within three hundred (300) feet of the site and guarantee its permanent availability and maintenance through an irrevocable agreement for the complete term of restaurant./ microbrewery operations at the project site. This redeveIopment permit shall be amended if the microbrewery portion of the restaurant is removed from the building. The amendment may result in an additional parking requirement for any change in the operations of this or any future restaurant project on the site. If a Parking In-Lieu Fee program is established by the Carlsbad Housing and Redevelopment Commission for the Village Redevelopment Area and the subject project is eligible to participate in the program, the Applicant shall pay the applicable parking in-lieu fee as established by the City Council and/or Housing and Redevelopment to satisfy the off-street parking requirement, or continue to lease parking spaces for the duration of the project. No amendment to this redevelopment permit will be required to implement either of these options for satisfying the off-street parking requirements for the project. With the exception of doors onto the patio, rear and side doors of the premises shall remain closed at all times during business hours, except for loading and unloading of supplies. There shall be no more than two (2) pool tables and no more than four (4) game machines on the premises at any time. 36: 1 2 3 4 5 6 7 8 9 10 11 1% 12 14 15 1C li 11 l! 2( 2 2: 2 2 2 2 : : DRB Resolution No.221 Page 10 . 32. The gross quarterly annual sales of alcoholic beverages shall not exceed the quarterly annual sales of food for the same period. ENGINEERING CONDITIONS 33. 34. 35. 36. 37. 38. 39. Unless a standards variance has been issued, no variance from City standards is authorized by virtue of approval of this site plan. The applicant shall comply with all the rules, regulations and design requirements of the respective sewer ,and water agencies regarding services to the project. The applicant shall be responsible for coordination with San Diego Gas and Electric, Pacific Bell Telephone, and Cable TV authorities. Prior to grading or building permit issuance, the applicant shall pay all current fees and deposits required. Prior to grading or building permit, the owner of the subject property shall execute an agreement holding the City harmless regarding drainage across the adjacent property. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, the applicant shall submit to and receive approval from the City Engineer for the proposed haul route. The applicant shall comply with alI conditions and requirements the City Engineer may impose with regards to the hauling operation. Plans, specifications, and supporting documents for all public improvements shall be prepared to the satisfaction of the City Engineer. Prior to issuance of a building permit in accordance with City Standards, the applicant shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the site plans and the follow’mg improvements: (a) Removal of the existing driveway apron on Carlsbad Village Drive and replacement with sidewalk to match the existing sidewalk improvements. (b) Removal of the two existing driveways on Roosevelt Street and replacement with sidewalk. (cl Installation of a new driveway apron on Roosevelt Street. 4 5 6 7 a 9 1c 11 1; 1: 14 l! II 1' 1; 1 2 2 2 2 2 2 : : , 1 DRB Resolution No.22 Page 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CARLSBAD MUNICIPAL WATER DISTRICT CONDITIONS: 40. The Developer shall be responsible for all fees, deposits and charges which will be collected before and/or after the time of issuance of the building permit. The San Diego County Water Authority capacity charge will be collected at issuance of application for meter installation. 41. Sequentially, the Developer’s Engineer shall do the following: (a) Meet with the City Fine Marshall and establish the fire protection requirements. Also, obtain G.P.M demand for domestic and irrigational needs from appropriate parties. 0) Prepare a colored reclaimed water use area map and submit to the Planning Department for processing and approval. w Prior to the preparation of sewer, water and reclaimed water improvement plans, a meeting must be scheduled with the District Engineer for review, comment and approval of the preliminary system layouts and usages (Le., GPM - EDU). 42 This project is approved upon the expressed condition that building permits will not be issued for development of the subject property unless the water district serving the development determines that adequate water service and sewer facilities are available at the time of application for such water service and sewer permits and will continue to be available until time of occupancy. 1 2 3 4 5 6 7 8 .9 10 11 12 12 14 If 1C 1; II l! 2i 2 2 2 2 2 2 2 2 DRB Resolution No.221 Page 12 ,... . . . . 43. The Water District anticipates the installation of a minimum 6” fire service to sprinkle the building and possible installation of a new water service to meet minimum requirements. All new connections shall be made off of Roosevelt Street. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Review Board of the City of Carlsbad, CaCifornia, held on the 1st day of March, . 1995 by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: . BAILEY NOBLE, CHAIRPERSON DESIGN REXIEW BOARD ATTEST: EVAN E. BECKER, HOUSING AND REDEVELOPMENT DIRECTOR DESIGN REVIEW BOARD RESOLUTION NO. 222 3 4 5 6 7 8 i 1c 11 1: 1: 11 l! 11 1 1 1 2 2 2 z 2 # 1 : : 4 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFOR\%i RECOMMENDING APPROVAL OF A COASTAL DEVELOPMEM PERMIT TO ALLOW A LAND USE CHANGE FROM A RETAIL BAKERY TO A RESTAURANTMICROBREWERY ON PROPERTY LOCATED ON THE SOUTXWEST CORNER OF ROOSEVELT STREET AND CARLSBAD VKLLAGE DRIVE. CASE NAME: CARLSBAD VILLAGE BREWERY AND PUBLIC HOUSE APN: 203-306-02, 12 CASE NO: CDP 94-08 WHEREAS, a verified application has been filed with the City of C&bad and referred to the Design Review Board; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Design * Review Board, on the 1st day of March, 1995, did hold a duly noticed public hearing to consider said application on property described as: . The northeasterly 80 feet of lots 17 thru 19 in Block 33 and all of lots 20, 21, 22 in Block 33 of City of Carlsbad, County of San Diego, State of California, according to Map Nos. 775 and 535, filed in the O&e of the County Recorder February 15, 1894 and May 2, 1888, respectively. WHEREAS, at said public hearing upon hearing and considering all !I !2 !3 !4 25 26 27 28 testimony and arguments, if any, of all persons desiring to be heard, said Design Review Board considered all factors relating to Coastal Development Permit 94-08. KOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as follows: 1 2 3 4 5 6 7 , I 1 I ! 3 $ 5 6 7 6 9 0 !l !2 23 24 25 26 27 28 DRB Resolution No. 22LJ Page 2 1. That the foregoing recitations are true and correct. 2. That based on the evidence presented at the public hearing, the Design Review Board hereby recommends APPROVAL of a Coastal Development Permit, CDP 94-08, based on the following findings and subject to the folIowing conditions: FINDINGS: 1. The Design Review Board fmds that the environmental effects of the subject project have already been considered in conjunction with previously certified environmental documents for the Village Redevelopment Plan and the General Plan. A Master Environmental Impact Review (MEIR) document for the Redevelopment Plan and the General Plan was completed and certified in 1979 and 1993 respectively. The MEIR for the Redevelopment Plan considered all potential impacts of the policies, procedures and land uses proposed within the Redevelopment Plan and outlined appropriate mitigation measures to address any anticipated adverse impacts. The proposed project has been developed pursuant to, and is consistent with, the Wage Redevelopment Plan and General Plan and any applicable mitigation measnres outlined within the MEIR for these Plans. No new circumstances, as set forth in the California Environmental Quality Act Sections 15162 or 15163, have been identified which would require a subsequent Environmental Impact Review (EIR) for the subject project or a supplement to the certified MEIR for the Redevelopment Plan or General Plan. No additional environmental review or documents are required for this project nor Public Resources Code 21081 findings are required. 2. The project is consistent with the goals and objectives of tbe various elements of the General Plan because it creates a distinct identity for the Village Redevelopment Area by encouraging activities that traditionally locate in a pedestrian-oriented downtown area, including offices, restaurants and specialty retail shops. The project will also protect, presente and enhance a structure with local historical significance within the Village Redevelopment Area. . . . . DRB Resolution No.222 Page 3 . A key implementing policy and action program for the Village, as outlined within the Carlsbad General Plan, is to provide a variety of commercial and tourist recreational activities in connection with special entertainment facilities, restaurants and other uses which will foster a community concept. In addition to providing a new commercial use to add to the variety in the Village, the project will offer a special entertainment opportunity that will foster the desired community concept because local musicians and artists will be invited to “showcase” their talents within the business establishment. 3. By inclusion of appropriate conditions on the project, the Design Review Board is satisfied that the requirements of the Public Facilities Element of the General Plan has been met insofar as they apply to sewer s&vice for this project. BuiIding permits will not be issued for the project unless the City Engineer determines that sewer service is available and remains available for the project. In addition, all necessary public improvements have been provided or will be required within the conditions of approval. The applicant has also agreed and is required to pay a public,facilities fee to ensure the adequate provisions of public facilities. 4. The project is consistent with the City’s Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local facilities Managmeent Plan for Zone 1. The applicant is by condition, required to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by the Local Facilities Management Plan prepared for Zone 1 pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 5. The project is consistent with the Carlsbad Village Area Redevelopment Plan and the Village Design Manual because it will provide a permitted and encouraged use within Subarea 1 of the Village Redevelopment Project Area. The uses allowed in this area are the same as those allowed within the C-l; C-2 and R-P zones with a bona fide restaurant permitted by right. The project is located with the “special treatment area - Carlsbad Village Drive” for Subarea 1. Therefore, special attention has been . . . . . . . . . . . . . . . . i , I / , I I I I t , j Y2 1 2 3 4 5 6 7 8 9 10 11 12 12 14 1: If 11 II l! 21 2 2 2 2 2 2 2 i DRB Resolution No. 222 Page 4 . . . . given to circulation for the project and design features. The project provides for improved parking and circulation on-site and will eliminate a current “eyesore” or “blighting condition” through renovation of the exterior of the existing building and occupation of a vacant building with local historical significance. 6. By inclusion of appropriate conditions on the project, the use complies with the requirements for the on-premises sale of liquor within a bona fide public eating place because the project has specifically designated parking spaces that are sufficient for the use; traffic flow on public streets or in parking areas will not cause congestion or be detrimental to other nearby neighborhood commercial uses; and, all measures have been taken to insure compatibility with the use to the surrounding neighborhood. 7. By inclusion of appropriate conditions on the project and consistent with the Carlsbad Parking Ordinance, the Design Review Board finds that adequate off-street parking will be provided for the project. The Board has determined that the restaurant space within the building shall be parked at a 1: 100 square foot ratio and that the microbrewery space shall be parked at a 1:300 square foot ratio which is comparable to the parking requirement for a neighborhood commercial/retail establishment within Subarea 1 of the Village Redevelopment Area. 8. The project is in accordance with the applicable provisions of the Carlsbad Municipal Code as demonstrated by the processing of the appropriate discretionary permits, maintenance of compatibility with surrounding land uses, and the provision of adequate parking and landscaping. coNDrrIoNs: 1. Approval is granted for CDP 94-08, as shown on Exhibits “A” - “G”, dated January 10, 1995, incorporated by reference and on file in the Housing and Redevelopment Department. Development shall occur substantially as shown unless otherwise noted in these conditions, and approved by the Housing and Redevelopment Director or City Engineer. . . . . . . . . . . . . . . . . . . . . . . . . 1 2 3 4 5 6 7 0 9 10 11 DRB Resolution No. 222 Page 5 . . . . . . . . 2. Approval of CDP 94-08 is subject to approval of RP 94-07. All conditions of RP 94-07 as contained in Design Review Board Resolution No. 221 dated March 1, 1995, on file in the Housing and Redevelopment Department, are incorporated herein by reference. 3. Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance, the Village Design Manual, and all other applicable City ordinances in effect at the time of building permit issuance. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Review Board of the City of Carlsbad, California, held on the 1st day of March, 12 1995 by the following vote to wit: AYES: NOES: 15 16 17 18 19 20 21 22 23 24 25 26 27 20 ABSENT: ABSTAIN: BAILEY NOBLE, CHAIRPERSON DESIGN REVIEW BOARD ATTEST: I EVAN E. BECKER, HOUSING AND REDEVELOPMENT DIRECTOR PUBLIC PARKING . . . . . . . . . . . m: x- ois s l z I- : z cl : ;f a: o o- i CT : 5 ‘2 . a 3: fx- . . . . . . . . . . :a := .E :z 0 i 5 a I GRAND AVENUE CITY OF CARLSBAD EXHIBIT 2 CARLSBAD VILLAGE DRIVE PUBLIC PARKING Site t---J N w -i- E S CARLSBAD BREWERY & PUBLIC HOUSE RP 94-07/CDP 94-08 iii BACKGROUND DATA SHEET EXHIBIT 3 CASE NO.: RP 94-07/CDP 94-08 . CASE NAME: Carlsbad Brewery and Public House APPLICANT: Brett Redmavne-Titlev REQUEST AND LOCATION: Chanqe in land use from retail bakery to restaurant and microbrewerv, renovation of existins buildins and construction of parkinq lot with 34 spaces in subarea 1 of the Villaqe Redevelopment Zone. LEGAL DESCRIPTION: The northeasterlv 80 feet of lots 17 thru 19 in Block 33 and all of lots 20, 21, and 22 in Block 33 of Citv of Carlsbad, Countv of San Dieao, State of California, accordins to maos thereof No. 775 and 535, filed in the Office of the Countv Recorder of San Dieso Countv, Februarv 15. 1894 and May 2, 1888 respectively. APN: 203-306-02 AND 012 Acres 0.382 Proposed No. of Lots/Units 0 GENERAL PLAN AND ZONING Land Use Designation: CBD Density Allowed: variable Density Proposed: N/A Existing Zoning: V-R Proposed Zoning:' V-R Surrounding Zoning and Land Use: (See attached for information on Carlsbad's Zoning Requirements) Zoninq Land Use Site V-R North V-R Commercial Buildinq, Retail Commercial Buildins, Retail South V-R East V-R West V-R Commercial Buildins, Retail Commercial Buildins, Bank Commercial Buildins. Auto Shor, PUBLIC FACILITIES School District Carlsbad Water District Carlsbad Sewer District Carl&ad Equivalent Dwelling Units (Sewer Capacity) 16.10 Public Facilities Fee Agreement, dated December 9, 1994 X ENVIRONMENTAL IMPACT ASSESSMENT Negative Declaration, issued Certified Environmental Impact Report, dated Other, PRIOR COMPLIANCE .A City of Carlsbad PUBLIC NOTICE OF PRIOR COMPLIANCE Please Take Notice: The Planning Department has determined that the environmental effects of the project described below have already been considered in conjunction with previously certified environmental documents and, therefore, no additional environmental review will be required and a notice of determination will be filed. Project Title: Carlsbad Village Brewery & Public House Project Location: 571 Carlsbad Village Drive Project Description: Major Redevelopment and Coastal Development Permit to allow use change from retail bakery to restaurant and micro-brewery. Justification for this determination is on file in the Housing and Redevelopment Department located at 2965 Roosevelt Street, Carlsbad, California, 92009. Comments from the public are invited. Please submit comments in writing to the’ Housing and Redevelopment Department within ten (10) days of date of publication. All comments on the environmental review documentation will be provided to the Housing and -Redevelopment Commission on or about March 21, 1995. Dated: February 1, 1995 Case No.: RI’ 94-07KDP 94-08 Applicant: Carlsbad Village Brewery and Public House Publish Date: February 20, 1995 WEVAN E. BECKER Housing and Redevelopment Director 2965 Roosevelt St., Ste. B l Carlsbad, CA 92008-2389 9 (619) 434-281 O/281 1 l FAX (619) 720-2037 47 PROJECT DESCRIPTlON/EXPlANATlON . PROJECT NAME: The Carlsbad Srewery 1z Public House APPLICANT NAME: The Carlsbad Brewery li Public House Please describe fully the proposed project. Include any details necessary to adequately explain the scope ac:/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the applicati,on. Use an addendum sheet if necessary. Description/Explanation. Locally known as "The Wonder Bread Building" the location at 571 Carlsbad Village Drive has been in the community since 1932. The property consists of one large existing building (Approx. 4,290 square feet) and an adjacent parking lot (Approx. 12,000 square feet). This location is now in the beautiful downtown araajof Carlsbad. We view this as a perfect spot for a ~~icrbeBr~wery/~estaurant combination. "Brew Pubs" are currently growing in popularity all over California , providing hand-crafted beers and fine food in a friendly and attractive setting. It is our intention to completely renovate the existing building to upgrade it from a warehouse to a fully functional Brewery and Restaurant. Improvements include; complete resurfacing of exterior stucco surfaces; new glass store fronts and entry way; new state-of- the-art kitchen; 15 barrel Brewery; complete parking lot improvement; improvement of side area betwqen building and "Sonny's" garage, and attractive signage displaying the logo of our Brew-Pub, "The Carlsbad Brewery & Public House", NOV 0 9 1994 CITY OF CARLSBAD _ PUNNING DEPT. Pro@erc.frm DISCLOSL'RE STATEMENT i r?nl,.CrW’S STA-EVE~J ZF 3!SCLSSLRE OF CEWA:N CWNERSHIP INTEFESTS CN A& APPl-!CATiCP+S ‘&N)~cH iyl~L :EsL,~E :.SC;~‘CNA;iY AC::CN CN :kE ?Am CF ThE cm C&NClL CR ANY AP~lMEO BCAAf,, CC,,,,+,lSSjCN CA CC,#,,rEE. RECElW3 :?lease Pmt) The fcllowmg information must be disclosed: 1. Applicant PLANNtNG CEFT’. NOV 0 9 I994 CITY OF CARM3AD List the names and addresses of all persons having a financial interest in the application. Brett Redmayne-Titley Gina Marsaqlia 1002 S. Tait Oceanside,CA 92054 12233 Carol Vista !?d. .':217 San Dieso, CA 92130 -3 * 11505 Cohlnsev Xd. San 3iego, CA 92131 2. Owner List the names and addresses of all persons having any ownership interest in the property involved. Xim M. Rasak Dr. Ro&rt E. Pebrs 7752 Anillo Uay 19417 Victory Blvd. Carlsbad, CA 92009' l _ 91335 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names ant addresses of all individuals owning more than 10% of the shares in the corporation or owning any pannersn:c interest in the pannership. 3rett Rediaayne-Titlsy Address Informtion Vinca !Jarsszlia 9s gmLLgxw T. ? . Gi.73 :Izrasglia q o-.,7 ., . r D Trn'. 7.,- .T. 3 F+lq!-)11 p-**.t3yy c D UkIl i c '3ouaa 4. If any person idenMkd pursuant to (1) or (2) above is a non-profit organization or a trust, list the names atx addressss of any person serving as ofksr or director of the non-prolX organization or as trustee or benehaq of the trust. . FRMOoo13 8/90 2075 Las Palmas OriVe l Carlsbad. California 92009-4859 * (619) 438-l 161 Xsclosure Statement ‘Cveq Page 2 Have you had more than $250 worth of business transacted with any member of City staff. 2:~::s Commlsslons, Cgmmltlees and Council within the past tvvelv0 months? Yes - NO xx lf yes. please indicate person(s) %fson ta dofined u: ‘Any mdiwdurl. firm. copaA.nrrshlp. loant V*fitUrO. uSocidon. sock dUb. ffA!4md OtgAntzhoOn. COfpOtallOn. #)l~l# !r’,Sl. ,,c,~,,. syndicalo. Thor and any ,blhW counfy. cfty and COunV. cRy munwpdty. dirlncl Of olhor polfilc~I sutdvwon. of my other ;co~~.D or c0mbtnallon rciq l s l unt* -“; (NOTE: Attach additional pages as necessary.) Kin M. !?a& Print or type name of owner The Carlsbad Brewery & Public House EXHIBIT 4 . Minutes of: DESIGN REVIEW BOARD Time of Meeting: 5:00 P.M. Date of Meeting: March 1, 1995 Place of Meeting: CITY COUNCIL CHAMBERS CALL TO ORDER: Chairman Noble called the Regular Meeting to order at 500 p.m. ROLL CALL: Present: Chairman Noble, Members Marquez, Vessey, and Welshons Absent: Member Savary Staff Present: Evan Becker, Housing and Redevelopment Director Debbie Fountain, Senior Management Analyst Rich Rudolf, Assistant City Attorney Pat Kelley, Principal Building Inspector Bob Wojcik, Principal Civil’Engineer Brian Hunter, Senior Planner PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Member Welshons. APPROVAL OF MINUTES: Chairman Noble requested the Minutes Clerk to read the requested amendments to the Minutes of February 1,1995. Page 2, paragraph 8, first sentence, should read, “Jim Doyle, Chief Executive of the Lutheran Home and Carlsbad-by-the-sea...“. Page 2, paragraph 8, last sentence, should read, “He has been a business neighbor...“. Page 3, paragraph 5, first sentence, should read, “Amelia Irvine...has served as President of the Carl&ad Historical Society Board of Directors for two years and is representing the Historical Society.” Page 3, paragraph 8, last sentence, should read, “... constructed is only 3,950 s.f. and the street improvement costs exceed $100,000.” Page 3, paragraph 9, last sentence, should read, “Chairman Noble replied that the City’s Underground Utilities Committee recommends priorities for undergrounding utilities,” ACTION: Motion by Member Welshons, and duly seconded, to approve the Minutes of the Regular Meeting of February 1,1995, as amended. VOTE: 4-o AYES: Marquez, Noble, Vessey, and Welshons NOES: None ABSTAIN: None .- DESIGN REVIEW BOARD March 1, 1995 PAGE 2 COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED ON THE AGENDA: There were no requests to address the Board. NEW PUBLIC HEARING: 1. RP 94-07KDP 94-08 - CARLSBAD VILLAGE BREWERY AND PUBLIC HOUSE - Request to approve a Major Development Permit and Coastal Development Permit to allow a use change from Retail to Restaurant for a 4,512 s.f. building on the southwest corner of Carlsbad Village Drive and Roosevelt Street in Sub Area 1 of the Village Redevelopment Area. Chairman Noble advised the applicant that he has the right to a continuance because a full Board is not in attendance. Mr. Brett Redmayne-Titley, applicant, stated that he did not want a continuance. Debbie Fountain, Senior Management Analyst, reviewed the background of the request and stated that the applicant is proposing to convert the old Wonder Bread building located at corner of Carlsbad Village Drive and Roosevelt Avenue to a new Carlsbad Village Brewery and Public House. According to local records, the building was originally constructed in 1930 as an automobile dealership and was converted to a retail bakery in 1951. The current project proposal involves a change in land use from the retail bakery to a restauranUmicrobrewery. The project includes remodeling the existing building facade, new brick detailing, new canvas canopies over the entrances, and an open wood trellis over the courtyard area to be added adjacent to the west side of the building. The site work will include the creation of 34 on-site parking spaces, addition of landscaping, and the removal of three driveways. Upon completion, the renovated building will also comply with the Unreinforced Masonry Building Code. The proposed restauranUmicrobrewery will offer a full service menu for lunch and dinner. The menu will include such items as pizza appetizers, sandwiches, hamburgers, salads, and desserts. Patrons will also be able to select from a list of handcrafted beers, fine wines, and soft drinks. The project has been classified as an eating establishment because alcoholic beverages will be incidental to the primary restaurant operation. Approximately 712 s.f. within the building will be used for a microbrewery. This microbrewery will not produce any commercial or industrial waste which could be hazardous to the environment; it offers a very clean operation for the production of beers. The primary objective of the Village Redevelopment Plan is to eliminate blight and building deterioration. The proposed project will restore a currently vacant and deteriorated building and will provide a very attractive use for a critical corner within the Village Redevelopment Area. The project is consistent with the goals and objectives of the General Plan because it will assist in the effort to create a distinct identity for the Village. It will add to the variety of restaurants/commercial uses in the Village which will attract tourists as well as provide a comfortable place for Carlsbad residents to meet and dine. The project will also protect, preserve and enhance a building which has historical significance. The proposed project has a parking requirement of 41 spaces for the total 4,512 s.f. of gross floor space. The site can accommodate 34 parking spaces The remaining off-street parking requirement of seven spaces will be satisfied through a sublease with the Carlsbad Redevelopment Agency. The site is also in close proximity to approximately 110 public parking spaces and there is a substantial amount of on-street parking within the area. Ms. Fountain directed attention to staff memo dated March 1, 1995 which contained five corrections to the staff report. Staff is supportive of this project and recommends that the Design Review Board take action to approve a recommendation to the Housing and Redevelopment Commission for approval of the redevelopment and coastal development permits related to this project. ,- DESIGN REVIEW BOARD March 1, 1995 PAGE 3 Member Welshons inquired that since there is no CUP to revoke, what enforcement is available to the City if the applicant fails to meet the prescribed conditions. Rich Rudolf, Assistant City Attorney, replied that, in that case, the applicant would be operating without a proper permit and would be subject to criminal violation. Chairman Noble invited the applicant to speak. Jeff Rasak, 7752 Anillo Way, Carlsbad, representing the applicant, addressed the Board and stated that he is President of Sterling Development, developer of the property. He stated that the site is very strategic and is the gateway to the Village. His development firm has represented over 30 cities in their efforts for fiscal redevelopment. He has done a market analysis on this particular site and feels the restaurant/microbrewery will bring the biggest and best use to Carlsbad. They have spent tremendous time and money to eradicate hazardous waste and retrofit the building so as to save the existing structure. He stated that the new use will double the property tax value of the site to $677,763. Also, the site generates no sales tax and his market analysis determined that the proposed project will generate $150,935 in sales tax over 10 years. It will also generate 30 new jobs and will have a payroll in excess of $250,000 per year. Brett Redmayne-Titley, 1002 So. Tait Street, Oceanside, applicant, addressed the Board and stated that the first thing he accomplished was to remove the 10,000 gallon underground diesel fuel tank that was on the site. This was a very costly procedure but he is happy to report that all hazardous waste on the site has now been remediated. The applicant then described the microbrewery operation and how the beer will be made. He feels that the brewery operation produces a pleasant smell which only changes when hops is introduced into the product. This occurs once a day for approximately one hour. There are safety valves on the equipment but pressure will not be greater than 15 Ibs. He stated that the lot will be secured with locked gates during non-business hours. Although he would like to have inside music, it will not be amplified because he doesn’t want loud music to deter from table conversation of patrons. Furthermore, he doesn’t want to cause a disturbance to nearby residents. Chairman Noble noted that the gallery was full. In the interest of time, he inquired how many people in attendance opposed the proposed use. One citizen, John Jones, indicated his opposition. All other citizens indicated that they were in favor of the restaurant/microbrewery. Chairman Noble opened the public testimony and issued the invitation to speak. Eileen Olson, 3083 Madison, Carlsbad, addressed the Board and stated that she is very much in favor of the use. If she is ever unhappy with the operation, she will be sure to let the City know. John Jones, 3044 State Street, Carlsbad, addressed the Board and requested that this item be continued until there is a hearing before the Alcoholic Beverage Commission. He has filed a complaint because he feels it is improper land use since it is a manufacturing use. He believes the brewery operation will generate hazardous waste and he also doesn’t like the noise. Another concern he has is that the cooker stacks will be 24 ft. high, which will add 8 ft. to the roof height. This would cause the building height to exceed the limits contained in the Height Ordinance. Mr. Jones stated that his complaint has not yet been heard by the administrative judge who holds hearings on ABC related matters. He would like the ABC hearing to take place before the Design Review Board makes a recommendation on the proposed project. Ofelia Escobedo, 1611 James Drive, Carlsbad, addressed the Board and stated that she is part owner of Lola’s Market. She is very excited about this project and feels it will be a vast improvement over the deteriorated building which she now looks at every day. Nicole Pappas, 2689 Garfield, addressed the Board and stated that she is excited about the project. She likes the idea of people coming to Carlsbad to shop and staying to dine. We have many fine restaurants in this City and she is happy to see another one on its way. She hopes the Board will signify their approval. DESIGN REVIEW BOARD March 1, 1995 PAGE 4 Hope Wrisley, 2080 Basswood, Carlsbad, addressed the Board and stated that she is President of the Chamber of Commerce. She wholeheartedly supports this project and she can’t think of anything better for the site. She sees no problem with manufacturing as Mr. Jones has suggested. She definitely supports the project. Alan Wanamaker, 2399 Jefferson, Carlsbad, addressed the Board and stated that he is the owner of the Kahala Cafe. He is speaking as co-chair of the Carlsbad Village Association. He also wholeheartedly supports the proposed project. The Carlsbad Village Association represents businesses in the redevelopment district. The owners of the restauranffmicrobrewery have indicated they will be supporting civic activities. He also likes the fact that they are local and this use will support other business in the Village. The following persons also turned in speaker slips indicating the were in favor of the proposed project but did not wish to speak: Molly Acuna, 3526 Garfield Drive, Carlsbad David Adkins, 2988 Glenbrook, Carlsbad Karen Caltagirone, 307 Chestnut Avenue, Carlsbad Michael & Jeanne Griffith, 3549 Voyager Court, Oceanside Sunny Hopper, 371 Pine #D, Carlsbad June Krisher, 3138-C Roosevelt Street, Carlsbad Lee Ann Lilinthall, 2728 Grove Avenue, Carlsbad Elaine Lyttleton, 2141 Palomar Airport Road #360, Carlsbad Walter T. Riche, 300 Carlsbad Village Drive #108A, Carlsbad Larry & Diane Scheer, 3587 Roosevelt Street #lOl , Carlsbad Jennifer Schulenburg, 365 Walnut #F, Carlsbad George Willis, 2050 Laurie Circle, Carlsbad Guy Zavodry, 3145 Carlsbad Boulevard #203, Carlsbad The applicant was given an opportunity for rebuttal. Brett Redmayne-Titley, applicant, addressed the Board and stated that Mr. Jones comment about the parts of the vat protruding from the roof is incorrect. The actual height of the vats are 13 ft. There is nothing protruding from the roof other than the chimney, which is only 12 inches in height. Member Vessey inquired what he plans to do when he loses his parking with the City. Mr. Redmayne-Titley replied that there are many other nearby parking lots with 50-75 spots available. He sees no problem at this time. In the long term, they will be looking at other private lots and will be considering other options. Member Marquez inquired what the trellis area will be used for. Mr. Redmayne-Titley replied that it will be a waiting area. There will be ivy grown on the trellis. They may consider seating in this area sometime in the future. Member Marquez replied that additional seating would change the parking requirement. Mr. Redmayne-Titley replied that he is aware of this, which is one reason they are doing nothing about it now. Member Welshons inquired if someone can come in, purchase a six pack of beer, and walk out with it. Mr. Redmayne-Titley replied that this is allowed by the ABC. The transaction would take place at the cash register. He does not think this is a problem and would like to increase people’s awareness about the quality of the product he is producing. There being no other persons desiring to address the Board on this topic, Chairman Noble declared the public testimony closed and opened the item for discussion among the members. DESIGN REVIEW BOARD March 1, 1995 PAGE 5 Member Welshons referred to the new Condition #32 and inquired what would happen if the ABC license is not received as planned. Rich Rudolf, Assistant City Attorney, stated that if the license is not received, or if it is taken away, the City would request that the business be shut down. He feels that the new Condition #32 is adequate. ACTION: Motion was made by Member Welshons, and duly seconded, to approve Resolution No. 221 and 222 recommending approval by the Housing and Redevelopment Commission of a Major Redevelopment Permit and Coastal Development Permit to allow a use change from retail to restaurant for a 4,512 s.f. building on the southwest corner of Carlsbad Village Drive and Roosevelt Street, with the corrections to the conditions as proposed by staff. VOTE: 4-O AYES: Marquez, Noble, Vessey, and Welshons NOES: None ABSTAIN: None ADJOURNMENT: By proper motion, the Regular meeting of March 1, 1995 was adjourned at 555 p.m. Respectfully submitted, EVAN BECKER Housing and Redevelopment Director BETTY BUCKNER Minutes Clerk Cdsbad City t3xamil Acting a$ Ilouui~ aId Redevelopment Ccmtmikm 1200 Carl&ad VSlftge DI ivc Catbd. CA 92008 March 261995 Reguardin$: Brew Pub In the North County Sunday Edition of the Biad~ititen there is an article regsrdi~ your Tuesday public homing, on the puryosal brewery and public hwse. I am tiing to voice our option in supporting the approval of this proposed project. This &ablishments will help the community in the following ways: 1. Enhance the “Village Ambiance”. 2. IraGrcaw ikix dolkus~ &$4&“‘e) 3. Communit~y spirit. 4. Increrstz local business. X support tlrt: ayyroval. Sinccrcty yuurv, Clint Cowit; 4747 Mu iaa Dr. # 19 Carlsbad, Ca 92003 Robert DeThomss WymDe Thomas 4747 Marina Ih. ttl8 C&bad, Ca 92008 ZCEZ6Z* 01s IdY 3IM03 IN113 S0:Pl NOW S6-LZ-5jWW CARLSBAD, CALIFORNIA 92008 HAND DELIVERED March 27, 1995 Mayor and City Council Members City of Carlsbad 1200 Carlsbad Village Drive Carlsbad. California 92008 Dear Mayor and Council Members: Re: Micro-brewery at the Wonderbread Building SWC Carlsbad Village Drive and Roosevelt Street Prior commitments prevent me from attending the council meeting on the evening of March 28, 1995. Although a micro-brewery may be feasible at the old Wonderbread building, the names Carlsbad Brewery and Carlsbad Brewing Company might confuse the customers of my mail order businesses on State Street. Please ask the proprietors to select another name if the council approves the micro-brewery in concept. I am enclosing copies of my city business licenses, SBE seller’s permit and certificate of publication. Note that the fictitious business name statements were published last August 17th, 24th, 31st and September 7th. The names Carlsbad Brewery and Carlsbad Brewing Company were recorded September 8, 1994 DMP:me enclosure(s) CERTIFICATE OF PUBLfCATION F ij : L 2 I@) Gregor/ J. Sm!th. Aeccrde~~G~~!‘ty CleM SEP 0 8 %t I . I DENNIS M. PEACOCK 403 PARKWOOD LANE LEUCADI&, CA 92024 IN THE MA’ITER OF NO. 1. CARtSBAD BFLEWERY 2 .’ ‘CAFZLSBAD BREWING COMPANY 9415299 FC’TITIOUS DirStNESS :’ NAME SlATEM2M --L lnEwF*P~%‘s~m8& 1) cAFlLI)eAn SRewERY a) cIR~o~fi6wma IN: CARLSBAO. CA Wooa IS fARE) HERmY REOISTFRCD BYTHE FOLLOWlND OWNER: DENNIS M. PEACOCK CGa%SE ma REQI~ COMMENCEU THE TRAN8ACllON OF SUSI- NESS ON: NOTAPPUCABLE DENNIS M. PEACOCK THIS STATEMENT WAS FILED WJTH RSOOADSR/COUNTY CLERK OF SAN DIEGO CoUm ONAUQll1884 PI&. Aug. 17$24,51 Sapi. 7 286i33s 1, Corey Donahue, em I! citizen of the United Statcr and II rttidtnt of the county aforetaid; I nm OCR the age oft ighteen year*, nsld not a pa@ to or intertrtd in the abw-- wti tlrd W&W. f am the ~rircipnl clerk of the San Dicgo Daily Tranccript, u;~aw~spaper ut ~anerd circulation, printed and published daily, except Saturdays and Sundayr, in the City d&n Ditgq County of San Ditgo and which nrwtpaptr hat tmtn adjudgtd a newspaper of general circulation by the Superior Court of the County of San Ditgo, State of California, under thu date of Jsnuary 23, 1909, Decree No. 14894: and the FICTITIOUS BUSINESS NAME STATEMENT ir a true and cornet copy of which the enncxed ir a printed copy and was published in raid newspaper on the following date(r), to wit: AUG. 17, 24, 31, SEPT. 7 I ctrtib under penalty of perjury that the foregoing is true and correct. Dated at San Ditgo, CaIifomia this 7TH dny of SEPT’ ) 1994. e= & W z 0 z z 0 c c b-I c5: I- b-J w PL w : LIJ i.3 2 - Liz xr ‘3J 0 0.l 83 21 w nz d&4 -A at-a z < mu3Po tau 03 VI 110 ,’ rl -I E-40 - fxaaz fif.9 <r--a - x CT VOJV “=I-- L)acu 2. a. 2 L, b-4 <MO I JO2 L T w *-i I --- T- - ” ._. L-.--- L.- w t: us z ;;u” 0 F5cr : 0 I- 0; W ir) z crew 20 0 03 C-H i.K -a WE -1c.J 8x4 cc CL ir) 2 I- 03 WC0 ww 3 03 EW %! z 03-s * w t-4 3‘212 ii?: mu0 WM k-32 0 U-0-z i -W 5 LU %rr 2 . 6 IL! k-in UJ E O?llJ 20 0 69 w *4 n c.4 0 I- WE zzi 0-l SE 0 CL 0.k -I k vr 2 UJZ . ww 312 it3 in CUCJO 52 r3: u ILO< Ii -+rc t- w P 9J IId : Iksl &!O 33 -fMJ Cr3C 3 cc* a*< -xa u l-d u &crcb -1 e - 3LZ L"-G IJOZ LTUJ I' c v YW t- - 3QP InI I aba m(nm 03 03 :@T. ?&y&p? . : . m f orkatiok’rk& Sales-atid Use Ta’Deputy Director, Sales and Use Tax Departmint, 456 N Stieet. MIC:43, Sacramento, CA 95814, telephone ~&&!k%%~~~ -.> (018) 4456464; Emise Tax and Envircinmen~( i&z Tax. Depcjt$ Director, Special Taxes and Operations Department, 450 N Street MC:31 S->,:;F:~~: -‘?.c. Sacram&to, CA 95814,. telephone (016) 327-4208; Timber Yield Tax, Peputy D(rector.-.&bperty Taxes Department, 450 N Street, hlC:63, ! :~&~&$$+@&,; & $g?3J~~~~~;::: $? _ . . cr&titti,$A 958i4: telephorie (016) 44$i516. ;-;-:L$‘-‘- g., : k;~ .-I% -... $&: i -r~&&r&.,:>ni~5~ L p- < Q;,=;$& r : $ -: ~~gkp&-. .-.y”-.;( ‘;!, ~~~~‘..~~~~-‘i~,~p1.:“-i I :‘y- .’ : I,:. -i -:, ‘>x, ;’ ii;‘: : : -,. ; ,i Cf. .~ .: ,;* _j : _ .i’..* ‘;T : :s, : <3;:::;. - ff the local Board offide or Deputy Director is unable to provide the information sought, you inay also mn@ct the Information Security Office in I Sacramento, telephone (016) 324-1627. .a. ., ‘. &-*a The Califor&Re$enie and TAtion Code, Par& 1, 1.5 and 1.6 (State Sales and U& Tax). 2 (Motor Vehicle Fuel Tax), 3 (Use Fuel Tax), 7 (-fax . . <~ _ j ,’ ‘5 -T:. 9. ~ -.- ~~I “, 1 ,.: on Insurers), 13 (Cigarette and Tobacco Products Tax), 14 (Alcoholic Beverage Tax). 18.5 (Timber Yield Tax), 10 (Energy Resources Surcharge), I ,&;>5 -’ y- >.& i ’ : ,ci * 20 (Emergency Telephone Users Surcharge), 22 (Hazardous Substances Tax Law), 23 (S&id Waste Disposal Site Cleanup and Maintenance Fee ; Law), 24 (Oil Spill Response. Prevention and Administration Fees), and 26 (Underground Storage Tanks Maintenance Fee Law); Government . ;$ or; r,* - .~ ;;‘I-; 7 ,. ,?; .K .-, ‘: ? Code, Title 7,3, Chapter 6 (Tire Recycling Fee); Public Resources Code. Div. 30. Part 7, Chapter 4 (Oil Recycling Fee); He&h and Safety &de, >-:ry ;Y Dii. 1, part 1, Chapter 2, Article 4.6 (Childhood Lead Poisoning Prevention Fee); and Chapter I of the Public Utilities &de (Hazardous Spill i. j: .’ 3.9 Prevention Fee) require persons ineeting certain requirements to file applications for registration, applications for permits or licenses, and h .‘. : &urns or re’prts in such form Ss prescribed by the State Board of Equalization. G* ‘. ali of the requlkd infdrmation requested by applications for registration, applications for permits or licenses, m ..t :. Failure to provide all of the required information requested by an application for a permit or license could result ..: <: _ :.*-. in your not being issued a permit or license. In addition, the law provides penalties for failure to file a return, failure to furnish specific .2 i( * ,, ,..; 5. : - information required, failure to supply information required by law or regulations. or for furnishing fraudulent information. i : Pursuant to California law, the information appearing on the face of any permit or license issued by the Board is e public record, Information you >- furnish to this agency may be used for the purpose of Collecting any outstanding tax liability and may be given to federal, state and local government agencies as authorized by law. ; .F GA-324-A REY. 5 (s-93) 7a - /x9&=-- - PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of Blade-Citizen a newspaper of general circulation, printed and published daily in the City of Oceanside and qualified for the City of Oceanside and the North County Judicial district with substantial circulation in Bonsall, Fallbrook- Leucadia, Encinitas, Cardiff, Vista and Carlsbad, Coun of San Diego, and which newspaper has been adjudge a newspaper of general circulation by the Superior Court of the County of San Diego, State of California, under the date of June 30.1989, case number 171349 that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: March 18, 1995 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at OceansideCalifornia, this of 2 &day March, 1995 BLADE-CITIZEN Legal Advertising 1722 South Hill Street P.O. Box 90 Oceanside, CA 92054 (619) 433-7333 This space is for the County Clerk’s Filing Stamp Proof of Publication of Notice of Public Hearing NOTICEOFPUBLICHEARING BP94-7KDP94-8 CABLSBADVILLAGEBR ANDPUBLICHOUSE JOTICE IS HEREBY GIVEN that the Housing and Redevelopment Commission of the City of Carlsbad will hold a public hearing at the City 1ouncil Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at i:OO p.m., on Tuesday, March 28, 1995 to consider a request for a Major ledevelopment Permit and Coastal Development Permit to allow a change of use from retail bakery to restaurant and micro-brewery on broperty located on the southwest comer of Roosevelt Street and Carlsbad fillage Drive, in the Village Redevelopment Area, and more particularly lescribed as: : A portion of block 33, Lots 17 through 19 of Carl&ad Lands, according to Map No. 775, filed in the Office of the County Recorder of San Diego County. f you have any &estions regarding this matter, please call Debbie rountain in the Housing and Redevelopment Department, at 434-2935. f you challenge the Major Redevelopment ‘ermit and/or Coastal Development Permit n court, you may be limited to raising only hose issues raised by you or someone else :d kk! - It the public hearing described in this totice, or in written correspondence lelivered to the City of Carlsbad City (1 Xsrk’s Office at, or priot to, the public I: 11 iearitm. :I :- -w- I WPLICANT: Brett Redmayne-Titley XTY OF CARLSBAD HOUSING AND aDEVELOPMENT COMMISSION ,egal41804 March l&l995 --. March 6, 1995 TO: CITY CLERK’S OFFICE FROM: HOUSING AND REDEVELOPMENT DIRECT0 RE: PUBLIC HEARING REQUEST Attached are the materials necessary for you to notice Major Redeveloument Permit and Coastal Development Permit for restaurant/microbrewerv at 571 Carlsbad Village Drive for a public hearing before the Housing and Redevelopment Commission. Please notice the item for a special Commission meeting on March 28, 1995 . Thank you. : Es?=- PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of San Oiego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of Blade-Citizen a newspaper of general circulation, printed and published daily in the City of Oceanside and qualified for the City of Oceanside and the North County Judicial district with substantiaf circulation in Bonsall, Fallbrook, Leucadia, Encinitas, Cardiff, Vista and Carlsbad, County of San Diego, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of San Diego, State of California, under the date of June 30, 1989, case number 171349; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: Feb. 20, 1995 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Oceanside,Califomia. this 20 day Of Feb. 1995 --*-- -- +?!iLigw ------- BLADE-CITIZEN Legal Advertising 1722 South Hill Street P.O. Box 90 Oceanside, CA 92054 (6 19) 433-7333 Proof of Publication of Notice of Public Hearing NOTICE OF PUBLIC HEARING --w--*------e-. CARLSBAD VILLAGE BREWERY AND PUBLIC HOUSE temMatkmbontUehtheHw tlWnihJCStedat2965RoOSeWll ~t!%rB~ti2z!i 92008. Comments fmrn the public are Invited dn UN en&on- mental review for this project. Please submit comments In wrltlng to the Plannlrm Deoartment within ten f10) davs of date of Mlsp~blication. - _ P &. RP 94-07fCDP M-00 ase Name: Carlsbad Village Brewery and Public House CITY OF CARLSBAD DESIGN REVIEW BOARD Legal 41565 February 20,1995 NOTICE OF PUBLIC HEARING RP 9407/CDP 94-8 CARLSBAD VILLAGE BREWERY AND PUBLIC HOUSE NOTICE IS HEREBY GIVEN that the Housing and Redevelopment Commission of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m., on Tuesday, March 28, 1995, to consider a request for a Major Redevelopment Permit and Coastal Development Permit to allow a change of use from retail bakery to restaurant and micro-brewery on property located on the southwest corner of Roosevelt Street and Carlsbad Village Drive, in the Village Redevelopment Area, and more particularly described as: A portion of Block 33, Lots 17 through 19 of Carlsbad Lands, according to Map No. 775, filed in the Office of the County Recorder of San Diego County. If you have any questions regarding this matter, please call Debbie Fountain in the Housing and Redevelopment Department, at 434-2935. If you challenge the Major Redevelopment Permit and/or Coastal Development Permit in court, you may be limited to raising only those issues raised by you or someone else at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad City Clerk's Office at, or prior to, the public hearing. APPLICANT: Brett Redmayne-Titley PUBLISH: March 18, 1995 CITY OF CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION GRAND AVENUE t t t t E E ii! ii! ii ii si si F F !i !i 5 5 z z $ $ is is CARLSBAD VILLAGE DRIVE CARLSBAD VILLAGE DRIVE FIN PUBLlC P*RwNG CITY OF CARLSBAD : 9 I RP OC07/CDP 94-06 NOTICE OF PUBLIC HEARING CARLSBAD VILLAGE BREWERY AND PUBLIC HOUSE NOTICE IS HEREBY GIVEN that the Design Review Board of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California at 5:OOpm on Wednesday, March 1, 1995 to consider approval of a Major Redevelopment Permit (94-07) and Coastal Development Permit (94-08) to allow a change of use from retail bakery to restaurant and micro-brewery on property located on the southwest corner of ,Roosevelt Street and Carlsbad Village Drive in the Village Redevelopment Area and more particularly described as: A portion of Block 33, lots 17 thru 19 of Carlsbad Lands, according to Map No. 775, filed in the Office of the County Recorder, in the City of Carlsbad, County of San Diego, State of California. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after February 24, 1995. If you have any questions, please contact Debbie Fountain in the Housing and Redevelopment Department at 434-2935. If you challenge the Major Redevelopment Permit or Coastal Development Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public --____ ~~ S HEREBY ALSO GIVEN that has determined that mental review determination w for this dete Housing and R at 2965 Roos file in the ew for this Case File: RP 94-07/CDP 94-08 :-Case Name: Carlsbad Village Brewery and Public House : .; i I. . I I ,; . . 0. ;, ‘,: ! ‘. 1, ‘:,; ,: : . .,,‘.‘.. I :. ,. . . : / ‘. 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I 1 - c SHIRLEY DELUCCHI HOWARD F MURPHY' DARLENE M PEARSON 3068 STATE ST 400 N LA COSTA DR 1296 RUE ST MARTIN CARLSBAD CA 92008 CARLSBAD CA 92009 SAN MARCOS CA 92069 GENE S & MARGARET RAY PACKARD BUILDING PARTNE BROTHERS ISRAWI 2959 JEFFERSON ST 725 GRAND AVE 425 N ARDEN BLVD CARLSBAD CA 92008 CARLSBAD CA 92008 LOS ANGELES CA 90004 HOME SAVINGS & LOAN ASS RANCH0 VISTA NATIONAL B GRAND G CARLSBAD 4900 RIVERGRADE RD 550 1385 E VISTA WAY PO BOX 8193 IRWINDALE CA 91706 VISTA CA 92084 RANCH0 SANTA FE C 92067 VEBLEN P VERMILYEA : LOUISE T WILLIAMS 645 GRAND AVE PO BOX 535 CARLSBAD CA 92008 CARLSBAD CA 92018 OAKLEY PARKER 3215 MAEZEL LN CARLSBAD CA 92008 GREAT WESTERN BANK 9200 OAKDALE AVE CHATSWORTH CA 91311 LOUISE T WILLIAMS PO BOX 535 CARLSBAD CA 92018 OAKLEY PARKER 3215 MAEZEL LN CARLSBAD CA 92008 OAKLEY G PARKER JODE GILBERT OAKLEY PARKER 3215 MAEZEL LN 2956 ROOSEVELT ST 3215 MAEZEL LN CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 92008 MARK T & MARY GOMBAR JOHN I NOBEL MCCOMAS PO BOX 1667 7714 ESTEREL DR 1265 CYNTHIA LN CARLSBAD CA 92018 LA JOLLA CA 92037 CARLSBAD CA 92008 BOBBY D ROBINSON 1513 HOYT AVE SAINT PAUL MN 55108 SHERYL F BULLOCK PO BOX 230926 ENCINITAS CA 92023 SIMS 2820 WILSON ST CARLSBAD CA 92008 LEON T PERL 215 N PALM DR BEVERLY HILLS CA 90210 BANK OF AMERICA NT & SA PO BOX 37000 SAN FRANCISCO CA 94137 SARA C MORALES 305 DATE AVE CARLSBAD CA 92008 SECURITY PACIFIC NATION PO BOX 230926 ENCINITAS CA 92023 JOHN MONTALBANO 20 N RAYMOND AVE 3 PASADENA CA 91103 GILBERT ACUNA 91 MAYNARD AVE NEWBURY PARK CA 91320 FRANCES L SMITH MENAHEM J AHRONEE DONALD J MACDONALD PO BOX 864 560 GRAND AVE 2016 SHERIDAN RD CARLSBAD CA 92018 CARLSBAD CA 92008 ENCINITAS CA 92024 JOHN H GRANT 7173 OBELISCO CIR CARLSBAD CA 92009 LEO & DIANNA PACHECO 2100 CHESTNUT AVE CARLSBAD CA 92008 HAROLD V CLARKE 824 CAMINITO DEL REPOSO CARLSBAD CA 92009 OPHELIA G GARCIA 1438 LEMON ST OCEANSIDE CA 92054 CAROL A ANDERSON 4783 FLYING CLOUD WAY CARLSBAD CA 92008 MARVIN s HUMPHREYS 140 ACACIA AVE CARLSBAD CA 92008 ABEL C GARC-IA 2960 STATE ST CARLSBAD CA 92008 ELMER & MIRIAM GLASER 7911 HERSCHEL AVE 303 LA JOLLA CA 92037 THELMA B WILLIAMS 3162 CARLSBAD BLVD CARLSBAD CA 92008 CLARK R & SHELLEY KNAPP 215 W PALM ST SAN DIEGO CA 92103 ROY BOYER 602 S PACIFIC ST OCEANSIDE CA 92054 FREDERICK T WOOD PO BOX 2794 BEVERLY HILLS CA 90213 ROY BOYER 602 S PACIFIC ST OCEANSIDE CA 92054 CARLSBAD EQUITY PROPERT 2965 ROOSEVELT ST CARLSBAD CA 92008 THOMAS R & MARY BETZ 3240 DONNA DR CARLSBAD CA 92008 LEOR & OPHIRA LAKRITZ 820 W FLETCHER AVE ORANGE CA 92665 MIA MITTELSTEDT JUDITH S CHESNER 2929 FIRE MOUNTAIN DR 4 1200 N HARBOR DR 16B OCEANSIDE CA 92054 OCEANSIDE CA 92054 JUDITH CHESNER 1720 N GOWER ST LOS ANGELES CA 90028 BILL F & LAURAL RYBURN 2019 ESTER0 ST OCEANSIDE CA 92054 PETERS 1993 PO BOX 1091 CARDIFF BY THE SE 92007 BAUMGARTNER 6539 CORINTIA ST CARLSBAD CA 92009 GEORGE R WILLIS 539 ELM AVE 201 CARLSBAD CA 92008 ROSALIE T KOPP PO BOX 764 OCEANSIDE CA 92049 INTERVIVOS KRENZEL 20325 RANCH0 VILLA RD RAMONA CA 92065 NADYA Z GUZELIMIAN PO BOX 206 SOLANA BEACH CA 92075 KATHLEEN M CLARK 3060 STATE ST CARLSBAD CA 92008 I-LARIO & MARIE MANN0 3067 ROOSEVELT ST CARLSBAD CA 92008 FRED J & ANNE PARKER 14088 RUE MONACO DEL MAR CA 92014 KFC NATIONAL MANAGEMENT PO BOX 35910 LOUISVILLE KY 40232 MAR VISTA PO BOX 1481 CARLSBAD CA 92018 LLOYD M MCCARTHY 549 S 3RD AVE LA PUENTE CA 91746 HALL MATTHEW 2604 EL CAMINO REAL B33 CARLSBAD CA 92008 MARION S WILLIAMS 2871 COTTINGHAM ST OCEANSIDE CA 92054 ATKIN 3565 TRIESTE DR CARLSBAD CA 92008 THOMAS D VIGNE 505 OAK AVE CARLSBAD CA 92008 NESTA CAROLINE 2040 LINCOLN ST OCEANSIDE CA 92054 RODRIGUEZ 'FLORENCIO 675 OAK AVE CARLSBAD CA 92008 A M GONZALEZ 3119 MADISON ST B‘ CARLSBAD CA 92008 MAURO C & RAMONA FLORES PO BOX 80 CARLSBAD CA 92018 THOMAS J MONREAL 3160 ROOSEVELT ST CARLSBAD CA 92008 PROVIDENT BANK TR PO BOX 52085 PHOENIX AZ 85072 JOYCE A JAMES 3931 GARFIELD ST CARLSBAD CA 92008 HILARIO FLORES 3145 MADISON ST CARLSBAD CA 92008 JESSICA DU SHAUNE 3150 ROOSEVELT ST CARLSBAD CA 92008 BOYS & GIRLS CLUB OF CA PO BOX 913 CARLSBAD CA 92018 NANCY L HALL 2604 EL CAMINO REAL B33 CARLSBAD CA 92008 STEPHEN J RUGGLES PO BOX 1352 CARLSBAD CA 92018 SHELDON I BROCKETT 4522 TRIAS ST SAN DIEGO CA 92103 EDWARD X NEVARES 3135 ROOSEVELT ST CARLSBAD CA 92008 BRETT REDMAYNE-TITLEY 1002 S. TAIT OCEANSIDE CA 92054 *** 83 Printed ***