HomeMy WebLinkAboutPRE 2023-0039; ROULEUR BREWING; Admin Decision LetterAugust 23, 2023
RAWLEY MACIAS
5840 EL CAMINO REAL, STE 101
CARLSBAD, CA 92008
SUBJECT: PRE 2023-0039 (DEV2023-0098} -ROULEUR BREWING
APN 209-050-32-00
Dear Mr. Macias,
CCityof
Carlsbad
BFILE COPY
Thank you for submitting a preliminary review application to discuss proposed amendment options to an
existing Conditional Use Permit, CUP 16-06, allowing for a brewery with a retail accessory use (tasting
room) on property located at 5840 El Camino Real, Suite 100 and 101. The existing brewery (3,295 square
feet) with an accessory tasting room (829 square feet), consists of two (2) combined tenant suites totaling
4,124 square feet, within a 43,156 square foot multi-tenant industrial office and warehousing building
(Building "D") located in the Carlsbad Corporate Center. More specifically, the preliminary review
application is requesting guidance on how to add the following items to the existing business/use:
• Add a small food component (sandwiches)
• Add a permanent patio where beer and sandwiches can be consumed
• Increase business hours to include lunch service
In response to your application, the Planning Division has prepared this comment letter. Please note that
the purpose of a preliminary review is to provide you with direction and comments on the overall concept
of your project. This preliminary review does not represent an in-depth analysis of your project. It is
intended to give you feedback on critical issues based upon the information provided in your submittal.
This review is based upon the plans, policies, and standards in effect as of the date of this review. Please
be aware that at the time of a formal application submittal, new plans, policies, and standards may be
in effect and additional issues of concern may be raised through a more specific and detailed review.
Planning:
General
1. General Plan and zoning designations for the property are as follows:
a. General Plan: Planned Industrial (Pl)
b. Zoning: Industrial, Qualified Development Overlay (M-Q) Zone
Community Development Department
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov
PRE 2023-0039 (DEV2023-0098) -ROULEUR BREWING
August 23, 2023
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2. The following permits would be required:
a. . Conditional Use Permit Amendment (AMEND). An Amendment (AMEND) to Conditional Use
Permit, CUP 16-06, would be necessary to change the current hours of operation from that
which was previously approved by City Council Resolution No. 2016-218 dated October 25,
2016 and as conditioned in Planning Commission Resolution No. 7196 dated September 21,
2016 (Condition No. 18). Pursuant to Section 21.54.125(8) of the Carlsbad Municipal Code
(CMC), the Planning Commission would be the authority responsible for acting upon the
amendment.
3. Adding a "small food component (sandwiches)" could be allowed in the M-Q Zone as a separate
permitted use under "Delicatessen" as defined in CMC Section 21.04.106 assuming it meets the
definition. Delicatessens are permitted by right. CMC Section 21.04.106 defines "Delicatessen" to
mean "a type of restaurant, totaling less than one thousand six hundred square feet in total floor area,
selling ready-to-eat food and canned or bottled beverages to the public. Food is pre-cooked or
prepared at another location and only heated or toasted on the site. No stoves or ovens for the
cooking or preparation of food nor tableware or dishwashing facilities (other than a standard sink) are
permitted. No waiters or waitresses are employed on the premises." Please be aware that the sale of
alcoholic beverages is not associated with the "Delicatessen" use. The sale and consumption of
alcohol associated with the existing brewery/retail accessory use (tasting room) would have to be a
separate use from a delicatessen use. However, there is no prohibition in the zoning ordinance
precluding sandwiches, purchased at a delicatessen, from being brought into the brewery/tasting
room and consumed onsite.
4. Despite the above, the existing business and use is governed by a conditional use permit specifically
for a brewery with a retail accessory use (tasting room). Note 2 of CMC Section 21.32.010 states the
"retail use shall be accessory to the permitted use and wholly contained within the building." Please
be aware that staff would be unable to recommend approval of any Conditional Use Permit
Amendment that would deviate from Carlsbad's municipal code standards such as a request for a
"permanent outdoor patio where beer and sandwiches could be consumed." Additionally, please see
the enclosed Council Memorandum, dated February 9, 2023, reporting on the status of the temporary
outdoor activation permits issued due to the COVID-19 pandemic, and next steps as it relates to
permit expiration in January 2024.
All necessary application forms, submittal requirements, and fee information are available at the Planning
counter located in the Faraday Building at 1635 Faraday Avenue or online at
https://www.carlsbadca.gov/departments/community-development/planning. You may also access the
General Plan Land Use Element and the Zoning Ordinance online at the website address shown. Please
review all information carefully before submitting.
Land Development Engineering:
Land Development Engineering Division staff completed a review of the above-referenced preliminary
review application (with the assumption an outdoor patio could be supported). Prior to formal application
for any discretionary permit submittal, the following items must be adequately resolved/addressed,
PRE 2023-0039 (DEV2023-0098) -ROULEUR BREWING
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Page 3
unless otherwise noted. The following comments have been generated assuming the requested outdoor
patio could be supported:
1. Complete a Stormwater Standards Questionnaire Form E-34. The questionnaire will guide you and the
city in determining what type of reports and storm water mitigation must be completed to satisfy
state and City storm water quality requirements. The questionnaire is located on the City of Carlsbad
website.
2. Based on a preliminary analysis, it appears that a permanent patio over existing landscape area would
conflict with an existing 18-inch private storm drain system. A permanent patio should not be built
over an existing private storm drain system shown on drawing 423-6A.
3. This project's General Plan Land Use designation of Planned Industrial (Pl) is subject to the City of
Carlsbad trash capture requirements. Please incorporate trash capture measures on the project plans.
A civil engineer would need to prepare and submit a preliminary Trash Capture Storm Water
Management Plan, Form E-35A and show a plan amendment to record drawing 423-6A.
4. Annotate and delineate all existing easements and encumbrances surrounding the proposed work
area on the site plan dedicated per Parcel Map 18416.
5. On the site plan, show and identify all existing surface improvements screened back (curb, gutter,
sidewalk, paving, manholes, inlets, adjacent driveways, vaults, transformers, bollards, etc.) at the
project site and within 25 feet of the boundary.
6. Please be advised that a more in-depth review of the proposed development will occur with the
discretionary permit application when a more complete design of the project is provided.
Building Division:
1. No comments
Fire Department:
1. No comments
If you would like to schedule a meeting to discuss this letter with the commenting departments, please
contact Jason Goff at the number below. You may also contact each department individually as follows:
• Planning Division: Jason Goff, Senior Planner, at (442) 339-2643
• Land Development Engineering: Linda Ontiveros, Project Engineer, at (442) 339-2773
• Building Division: Jason Pasiut, Building Official, at (442) 339-2788
• Fire Department: Randy Metz, Fire Inspections, at (442) 339-2661
PRE 2023-0039 (DEV2023-0098) -ROULEUR BREWING
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Page4
Sincerely,
ERIC LARDY, AICP
City Planner
EL:JG:ES
Enclosure:
1. Council Memorandum, February 9, 2023
c: Linda Ontiveros, Project Engineer
Fire Prevention
Laserfiche/File Copy
Data Entry
To the members of the:
CITY COUNCIL
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CM _/ACMLDCM(3)~
February 9, 2023
Council Memorandum
{city of
Carlsbad
Memo ID# 2023018
To: Honorable Mayor Blackburn and Members of the City Council
Fi-om: Jeff Murphy, Community DevelopmeniD -·ector
Via: Geo_ff Patnoe, Assistant City Manager 'GfY_
Re: Update on Temporary Outdoor Activ · n Due to COVID-19 (Districts -All)
On June 7, 2022 (Item #11)1, city staff provided City Council a report on the status of the
temporary outdoor activation permits issued due to the COVID-19 pandemic. This is an update
to that report.
Background
The COVID-19 pandemic has had a significant impact on the economy. The public health orders
that mandated the closure of businesses or modifications to their operations hit businesses in
the food and beverage, retail, and personalservices sectors particularly hard. In response, the
City Council approved the temporary suspension of certain land development standards to
allow businesses to temporarily expand their operations into private parking lots, and those in
the Village & Barrio Master Plan (VBMP) area tq expand into the public right~of-way, allowing
curb cafes and sidewalk dining in what is known as outdoor activation.
A total of 116 businesses took advantage of this temporary opportunity. The temporary permits
issued will expire once the state and county proclamations of state and local emergency expire,
which Governor Newsom announced that the COVID-19 State of Emergency will end on
February 28, 2023. San Diego County recently announced that the local emergency and local
health emergency will also end February 28, 2023, matching the end of the state of California's
previously announced plan.
Discussion
Curb Cafes
A curb cafe is a deck structure that allows for outdoor seating
to extend from the sidewalk into the street parking stalls for
the purposes of food and/or beverage service. Curb cafes are
allowed within the VBMP area with a right-of-way use permit,
which is issued by the Community Development (CD)
Department. To assist struggling businesses and maximize
opportunities to allow continued operations during COVID-19
closure protocols, the City Council suspended certain
standards as reflected in the table below.
1 https://records.carlsbadca.gov/Weblink/DocView.aspx?id=6282652&dbid=0&repo=CityofCarlsbad
Community Services Branch
Community Development Department
1635 Faraday Ave I Carlsbad, CA 92008 I 442-339-2600 t
Council Memo -Update on Temporary Outdoor Activation Due to COVID-19 (Districts -All)
February 9, 2'023
Page 2
Maximum curb cafes per street block
Maximum length of .curb cafe
Maximum parking stalls.per cafe
Parking study shows 85% or more stalls
within a street block occupied
Four Unlimited
Frontage of business U.nlimited
Two Four
Remove curb cafe Curb cafe can remain
A total of nine businesses were issued temporary curb cafe permits during the COVID-19
pandemic. Six of the businesses either constructed their curb cafe to meet established
standards or subsequently mo.dified their curb cafe to comply with VBMP requirements. As· a
result, those curb cafes have been permitted and are allowed to remain as·currently
constructed.
The three remaining temporary curb cafes (Oak & Elixir, Pure Taco, and Campfire) will not be
allowed to remain. in tbeir current configuration and will require modifications to meet
standards if they are to continue to operate r;1fter February 28, 2023. These modifications may
include reduction in size, change in materials, enhancing drainage, enhancing structural
integrity and/or aesthetics.
Sidewalk Dining
Sidewalk dining is an outdoor extension of a food and/or beverage
service with exterior ~eating-on public property, typically on city .
sidewalks. Sidewalk dining is al.lowed within the VBMP area with a
right-of-way use permit. There was only, one VBMP established
development standard affecting sidewalk dining that was
tlilll-~•· j temporarily suspended by the City Council. Under th.e VBMP,
:sidewalk dil")fng is restricted to the frontage of the b_usiness it serves.
During the state of emergency, businesses have been allowed to expand their sidewalk dining
areas into the frontage of adjacent businesses so long as the adjacent business owner agrees in
writing to the encroachment. A total of 16 businesses were initially issued permits during the
COVID-19 pandemic for temporary sidewalk dining, of which 10 have been removed. Of the
remainin~ six, ali of them wiil require some minor modifications to be consi$tent with VBMP
standards.
Outdoor displays
An outdoor display is a temporary display of merchandise that
is limited in size, durati'on, arid location and placed or:i public
property, most often on the city sidewalks. Outdoor displays
are allowed within the VBMP area with a right-of-way use
permit, issued by the Community Development Department.
Like curb tafes, there we_re a handful of established standards
Council Memo -Update on Temporary Outdoor Activation Due to COVID-19 (Districts -All)
February 9, 2023
Page3
that needed to be suspended (see table below) to allow not only mo.re displays, butto also
allow certain businesses to operate outdoors such as barbershops and nail salons.
Maximum .number of displays
Location of outdoor displays
Business oper.ations allowed to operate
outdoors wbere displays.allowed
One Unlimited
Frontage of business Unlimited
Prohibited Allowed
Only three businesses requested outdoor displays, and all three meet the established standards
set forth in the VBMP.
Temporary use of private parking lots
The Carlsbad Municipal Code (CMC} allows for special events that
are short term in duration, held entirely on private property and
do not impact public roads or servlces. These functions typically
involve such activities as weekend sales or special business
events, which are often held in the business's parking lot. These
special events are allowed with a private property permit.
While the CMC allows for special events, many city planning zones
that allow commercial and retail businesses also require that all
operations be conducted wholly within a building. The intent of
this restriction is to prevent business activities from regularly
being conducted outdoors, where operations may impinge upon
neighboring properties with excessive noise, parking impacts and
other issues. Given the uncertainty on how long the COVID-19
pandemic would last, the City Council agreed to allow businesses
to operate outside under the special-events provisions of the
CMC forthe duration of the COVID-19 pandemic, even in zones
that require that commercial and retail activity be conducted
within a structure. This allowed businesses such as gyms,
churches, restaurants, salons, and other similar retail uses to
operate in private parking lots and private common areas.
A total of 100 private property pei'mits have been issued to businesses. Twenty-six were issued
to businesses located within the VBMP area while the remaining 74 were issued to businesses
elsewhere in the city, Roughly 60% of the private property permits issued both inside and
outside the VBMP area were for eating and dining establishments, while the remaining 40%
were for other retail enterprises such as gyms, churches, and personal services. A higher
percentage of the private property permits, 73%, issued inside the VBMP area were for eating
.Council Memo -Update on Temporary Outdoor Activation Due to COVID-19 (Districts -All)
February 9, 2023
Page 4
and dining establishments .. With the scaling back of the COV~-19 protocols, roughly 80% of the
businesses outside the VBMP ~rea voluntarily removed the temporary improvements and
restored the areas batk into parking lot use.
Assembly Bill 61, approved in 2021, requires local governments to reduce the number of
parking spaces that they would otherwise require if necessary to provide relief for outdoor
activation until January i, 2024. In other words, any outdoor activation in a private property
parking lot is allowed to remain until the enq of this calendar year.
Next Steps
Later this month, the Community Development Department wiH notify the nine businesses _in
writing (three curb cafe and six sidewalk cafe) of the need to either modify or remove their
outdoor activation. ·Businesses will be given 90 days after the termination of the emergency
orders (May 31, 2023) to either modify their temporary outdoor activations to make them
permanent under the current CMC or remove the activation and restore the area to previous
conditions. Letters addressed to all curb cafe owners will also sent advising them that annual
right-of-way use permit foes shall be reimposed.
For outdoor activation on private parking lots, staff intends to issue letters to those busi.nesses
later this year altering them to the January 2024 expiration date whe(I the improvements will
need to be removed.
Staff will .be made available to answer any questions to ensure a smooth transition.
cc: Scott Chadwick, City Manager
Cindie McMaho.n, City Attorney
Mike Calderwood, Fire Chief
Randy Metz, Fire Division Chief
David Graham, Chief Innovation Officer
Matt Sanford, Economic Development Manager
Ron Kemp, Senior Assistant City Attorney
Tom Frank, Transportation Director ·
Mike Strong, Assistant Director of Community Development
Eric Lardy, City Planner
Jason Geldert, LDE Engineering Manager
Robbie Hickerson, Code Enforcement Manager
Chris Glassen, LDE Engineering Techni_ciari