HomeMy WebLinkAbout2013-03-20; Planning Commission; ; CUP 12-15 - GUNTHER'S RETAIL 2The City of Carlsbad Planning Division
A REPORT TO THE PLANNING COMMISSION
P.C. AGENDA OF: March 20,2013
ItemNo. 0
Application complete date: January 3, 2013
Project Planner: Shannon Wemeke
Project Engineer: Jeremy Riddle
SUBJECT: CUP 12-15 -GUNTHER'S RETAIL 2-Request for a Conditional Use Petmit
to convett up to 1,359 square feet of warehouse and office area to a retail use for
the storage., sale, and transfer of fireanns within the Planned Industrial zone on
property located at 2717 Loker Avenue West, Suite B, in Local Facilities
Management Zone 5.
I. RECOMMENDATION
That the Planning Co1nn1ission ADOPT Planning Commission Resolution No. 6949 DENYING
Conditional Use Pennit CUP 12-15 based on the findings and subject to the conditions contained
therein.
II. INTRODUCTION
The proposal involves the conversion of up to 1,359 square feet of an extstmg industrial
warehouse and office suite cunently used in association with Gunther Gifts, a gift and engraving
company, into a retail use to allow the property owner to store, sell and transfer fireanns within
the Plam1ed Industrial zone. As the retail use is not clearly oriented to support the stmounding
industrial office development or their populations, the project has been found to be inconsistent
with the General Plan land use designation, purpose and intent of the Plam1ed h1dustrial zone,
and the Carlsbad Airport. Center Specific Plan, SP 200(B). Therefore, staff is recommending
denial of the Conditional Use Petmit.
III. PROJECT DESCRIPTION AND BACKGROUND
The project site, located at 2717 Loker Avenue West, is one of six buildings in an existing
industrial office complex. The building is 13,925 square feet in size and fronts on Loker Avenue
West. Gunther Gifts, an on-line gift and engraving business in operation at this location since
1999, occupies approximately 9,650 square feet of the building (Suite B) and is primarily utilized
as office and warehouse space; the remaining area is occupied by Verdezyne, a research and
development company. The subject proposal entails a request for a Conditional Use Pennit
(CUP) to convert up to 1,359 square feet of the 9,650 square feet cuu ently used in conjlmction
with Glmther Gifts, into a retail use to allow the property owner to store, sell and transfer
fireanns within the Planned Industrial (P-M) zone.
Pursuant to i.nfonnation provided by the applicant, a Federal Firemms License (FFL) has been
issued to the Gunther's by the U.S. Department of Justice. However, pmsua:nt to federal law,
while a business owner or any other member of the public can purchase a fireann online or over
the phone, a prospective gun owner cannot physically take possession of the ftreatm at Glmther's
CUP 12-15 – GUNTHER’S RETAIL 2
March 20, 2013
PAGE 2
business without a permit from the local jurisdiction for retail sales. As retail sales which generate walk-in traffic in the P-M zone require a CUP, the Gunther’s are requesting a CUP to
sell firearms.
A similar CUP request to sell firearms at the same location was submitted by the applicant in 2012. The CUP was denied by the Planning Commission on July 3, 2012 (4-0, Nygaard and Scully absent, Siekmann abstained, CUP 12-02, Planning Commission Resolution No. 6891).
The Planning Commission could not support the project due to the inability to make the
necessary findings for consistency with the General Plan, P-M zone, and Carlsbad Airport Center
Specific Plan, SP 200(B). Specifically, it was determined that the request to sell firearms was not clearly oriented to support the surrounding industrial office development or their populations.
An appeal was filed by the applicant and the decision to deny the CUP was subsequently upheld
by City Council on October 23, 2012 (Resolution No. 2012-202) and November 27, 2012
(Resolution No. 2012-255). Because the Conditional Use Permit was denied without prejudice, the applicant has the ability to reapply for the CUP.
The proposed CUP application to sell firearms varies slightly from the original request. The
differences are highlighted below:
The proposed retail area has increased in size from 965 to 1,359 square feet; and
The applicant is proposing that each of the prospective gun owners become a member of
their business, similar to gyms, to discourage and limit the amount of walk-in traffic from
the general public and to provide an added security measure.
Similar to the prior CUP request, the retail floor area will continue to include display/storage
cases for the firearms to be properly secured. Details for the storage cases and the layout of the
floor plan in the area designated to sell firearms have not been provided at this time.
The site and the surrounding area have a General Plan Land Use and Zoning designation of
Planned Industrial (PI/P-M). The property is surrounded by industrial office buildings with the
exception of a retail center located on the corner of Palomar Airport Road and Loker Avenue
West. Vehicular access to the site is provided off of Loker Avenue West. Staff has reviewed the
project extensively and, although it is able to meet all design standards, the project is not consistent with SP 200(B), the intent of the P-M zone, and the policies of the General Plan Land
Use Designation of Planned Industrial (PI) as described in the analysis below.
IV. ANALYSIS
The proposed project is subject to the following plans, ordinances, standards, and policies:
A. Planned Industrial (PI) General Plan Land Use designation;
B. Carlsbad Airport Business Center Specific Plan – SP 200(B);
C. Planned Industrial (P-M) Zone (CMC Chapter 21.34); D. Parking Ordinance (CMC Chapter 21.44);
E. Conditional Use Permit Regulations (CMC Chapter 21.42); and
F. Growth Management Ordinance (CMC Chapter 21.90) and the Zone 5 Local
Facilities Management Plan.
CUP 12-15 – GUNTHER’S RETAIL 2
March 20, 2013
PAGE 3
The recommendation for denial of this project was developed by analyzing the project’s consistency with the applicable policies and regulations listed above. The following analysis
section discusses the reasoning for the denial with each of these regulations/policies.
A. Planned Industrial (PI) General Plan Land Use designation The project site has a Planned Industrial (PI) General Plan Land Use designation. The General
Plan Land Use Element states that the PI land use includes those areas currently used for,
proposed as, or adjacent to industrial development, including manufacturing, warehousing,
storage, research and development, and utility use. The Planned Industrial Implementing Policy (C.9) of the General Plan Land Use Element allows, by Conditional Use Permit, ancillary commercial, office, and recreational uses when clearly oriented to support industrial
development and their populations. Traditional examples of ancillary commercial uses which
clearly support the industrial park and their populations would include office supply stores,
office equipment, blueprinting, copy and duplicating services, dry cleaning, deli’s, and personal grooming services. The proposed retail use to sell firearms is not clearly oriented to support industrial office, manufacturing, and warehousing uses and, therefore, cannot be found consistent
with the Planned Industrial (PI) General Land Use designation. For historical reference, there
have been no CUP’s approved within the City for stand-alone retail uses within the PI Land Use
designation. B. Carlsbad Airport Business Center Specific Plan – SP 200(B)
Specific Plan SP 200 was first adopted in September, 1986, and later amended in October, 2002
(SP 200(B)). SP 200(B) identifies Planned Industrial as both the General Plan Land Use designation and the zoning for all properties within the SP 200(B) boundaries. Primary uses allowed by right are those listed in Section 21.34.020 (Table A) of the Carlsbad Municipal Code
(CMC). Because support services are needed in the area, SP 200(B) identifies Auxiliary Uses as
industrial support, business and professional office support, and certain retail uses which are
allowed with a CUP. Additionally, SP 200(B) identified four lots, Lots 1, 15, 23, and 24 (currently known as Lots 44-
47, 49, 28, and 29) as being appropriate for the type of mixed support uses since they were
located at the primary entrances and within the industrial park. These lots have been developed
with industrial office uses. Lots 44-47 (formerly Lot 1) have been developed with a supporting commercial center, which includes retail uses.
The project is located on Lot 38 (formerly Lot 21) and was not identified in the Specific Plan as
a desirable lot for permitting a mix of industrial support uses. Nonetheless, the proposed retail
use does not clearly support the industrial park users and therefore cannot be supported. The
development standards of the Specific Plan are the same as those found in the Planned Industrial Section of the CMC. These standards and their consistency will be discussed in Section C below.
C. Planned Industrial (P-M) Zone (CMC Chapter 21.34)
The site is zoned Planned Industrial (P-M) and is subject to the provisions of Chapter 21.34 of the Zoning Ordinance. The intent and purpose of the Planned Industrial Zone is to allow for the
location of businesses and light industries engaged primarily in research and development,
CUP 12-15 – GUNTHER’S RETAIL 2
March 20, 2013
PAGE 4
compatible light manufacturing, as well as businesses and professional offices which are engaged in activities associated with corporate offices or activities whose primary purpose is not
to cater directly to the general public. In addition, certain commercial uses can be conditionally
permitted as long as the use caters to and is ancillary to the primary Planned Industrial Zone
uses. The proposal to convert 1,359 square feet of existing storage and office space to a retail use to
sell firearms will be located in an existing building that meets all development standards of the
P-M zone. The current use, Gunther Gifts, an on-line assorted merchandise store, is a permitted
use in the P-M zone since it is characterized as a storage, wholesale, and distribution facility which does not generate any general public pedestrian or automobile traffic to the site. Pursuant to Table A of CMC Section 21.34.020, retail uses can be conditionally permitted with the
approval of a Conditional Use Permit by the Planning Commission.
In order make the required findings for a Conditional Use Permit, the proposal to sell firearms is required to meet the purpose and intent of the zone (as discussed in Section E below) as well as be found consistent with the General Plan. Although the existing building and the on-line retail
use complies with the development standards, staff is recommending denial of the CUP to sell
firearms due to the project’s inconsistency with the purpose and intent of the P-M zone and
Industrial General Plan Policy C.9 as described above. D. Parking Ordinance (CMC Chapter 21.44)
The parking requirement for each of the six buildings located on the property has been
determined with the assumption that each of the buildings provides a combination of office, manufacturing, and warehouse land uses. The subject 13,925 square foot building, 2717 Loker Avenue West, has been allocated a total of 30 spaces. The applicant’s proposal to convert 1,359
square feet of the existing office space to a retail use is consistent with the City’s Parking
Ordinance. Pursuant to Section 21.44.020 of the Carlsbad Municipal Code, office uses are
parked at a higher rate, 1 space per 250 square feet, than the individual retail use at 1 space per 300 square feet. Including the new retail use, the parking requirement for the building would be 28 parking spaces. Since the applicant has been allocated 30 parking spaces for the building and
the retail use would require less parking than the current office use, the project is consistent with
the City’s parking standards.
E. Conditional Use Permit Regulations (CMC Chapter 21.42)
The purpose of a Conditional Use Permit is to allow special consideration for certain uses to be
located in zones other than those in which they are classified as permitted because of their
particular characteristics. The subject retail use to sell firearms is a conditionally permitted use
within the Planned Industrial (P-M) zone and is, therefore, subject to the approval of a Conditional Use Permit by the Planning Commission.
The subject site is located within a planned industrial office complex which is adjacent to Loker
Avenue West. Existing adjacent land uses include office, manufacturing, and warehousing as
well as a commercial retail center located on the northwest corner of Palomar Airport Road and Loker Avenue West. The retail center was a conditionally-permitted use pursuant to the
Carlsbad Airport Business Center Specific Plan and was determined to provide goods and
CUP 12-15 – GUNTHER’S RETAIL 2
March 20, 2013
PAGE 5
services to the surrounding industrial zone tenants. As discussed above and expanded upon below, due to the project’s inconsistency with the General Plan, the project does not meet one of
the required findings for approval. Specifically, the project is not clearly oriented to support the
industrial development or its populations. Therefore, staff is recommending denial of the CUP.
The required Conditional Use Permit findings are provided below. 1. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the general plan,
including, if applicable, the certified local coastal program, specific plan or master plan.
The proposed retail use to transfer, store and sell firearms is not in harmony with the Land Use Element of the General Plan in that General Plan Land Use Industrial Implementation
Policy C.9 states that the conditional use must be clearly oriented to support industrial
development and their populations. As discussed in Section A above, the project does not
comply with this General Plan Land Use Policy; therefore, the request cannot be supported. Furthermore, the proposed retail use is inconsistent with Specific Plan 200(B) as discussed in Section B above.
2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located. The proposed retail firearms business meets or exceeds the zoning development regulations,
is architecturally compatible with the surrounding industrial buildings, and the site is
adequately designed to accommodate the current on-line operations. However, the project
does not meet the intent and purpose of the zone, the primary purpose of which is to cater to the industrial populations in the area and to not cater directly to the general public. Only retail commercial uses which cater to and/or be ancillary to the other uses and populations in
the zone are allowed. As the proposed retail use caters to the general public and does not
directly support the adjacent industrial zone users, the use is inconsistent with the intent and
purpose of the P-M zone. Therefore, the project cannot be supported.
3. That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas,
landscaping and other development features prescribed in this code and required by
the City Planner, Planning Commission or City Council, in order to integrate the use with other uses in the neighborhood.
The proposed retail firearms use will be located within an existing building which is adequate
in size and shape and meets all development standards and parking regulations. The project
cannot be supported due to its public-serving nature, which does not complement the
industrial office uses in the neighborhood.
4. That the street system serving the proposed use is adequate to properly handle all
traffic generated by the proposed use.
The proposed use will not significantly increase ADT’s (approximately 10 ADT increase) and the street system is adequate to handle any traffic generated by the conversion of use.
CUP 12-15 – GUNTHER’S RETAIL 2
March 20, 2013
PAGE 6
F. Growth Management Ordinance (CMC Chapter 21.90) and the Zone 5 Local Facilities Management Plan
The project is located within Local Facilities Management Zone 5 in the northeast quadrant of
the City. The impacts on public facilities created by this project, and its compliance with adopted performance standards, are minimal to no impact. The retail use would create approximately 10 additional ADT’s but no other impacts to the zone are created.
V. ENVIRONMENTAL REVIEW
Pursuant to Section 15270 of the California Environmental Quality Act (CEQA), CEQA does not apply to projects which a public agency rejects or disapproves.
ATTACHMENTS:
1. Planning Commission Resolution No. 6949 2. Location Map
3. Disclosure Statement
4. Background Data Sheet
5. Applicant’s request dated December 5, 2012 6. Exhibits “A” – “E” dated March 20, 2013
SITE MAP
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DISCLOSURE
STATEMENT
P-1(A)
Development Services
Planf!lng Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadta.gov CARLSBAD
Applicant's statement or disclosure of certain ownership interests on afl·appfications which will
require discretionary action on the part of the City Council or any appointed Board, Commission .
or Committee. · ·
The following information-MUST be disclosed at the tlme of application submittal. Your project
cannot be reviewed until this information Is completed. Please print.
Note:
Penron Is defined as "Any Individual, fii'm, co-partnershiP; jOint ventul'e\ assoGlatlon; social' club; fraternal.
organization, corporation, estate, trust, receiver, syndlc8te, in this and any oilier county, city and county,
city municipality, district or other po!Hieal subdivision or any., Oilier group or cornblnatltin acting_ as a unit •·
Aganlll may sign this document; however, !11& legal name and entity of the applicant and property owner
must be provided below. . .
1. APPLICANT (Not the applicant's agent)
Provide the . COMPLETE. LEGAL names and addresses of ALL persons a
financial interest in the application. If the applicant includes a J;!Q!I!Q!:!l!J~JU..J?!!![!.ru~~
include the names, titles, addresses of all individuals ciwning more the
shares. IF NO INDIVIDUALS OWN MORE THAN .10% OF THE SHARES, PLEASE
INDICATE NON·APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned
corporation, include the names, titles, and addresses of the corpora!e officers. (A ·
separat~U"J!Y ~~c~~.if necessary.) ~+~ Gi .c+s \"Ac..
Person ~ Gyn;£e-~ Corp/Part yf» Gy..,.-\:\...-er
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2. OWNER (Not the owner's agent) . .
P..1(Al
Provide the COMPLETE. LEGAL names and addresses of & persons having any
owriership Interest In the property involved. Also, provide the nature of the legal
ownership (i.e., partnership, tenants in common, non-profit, corporation, E!to.). If the
o~ership includes a corporation or partnership. include the names, titles, addresses of
all individuals owning more than 10% of the shares. iF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW. If a publicly-owned corporation, · include .the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.) Gv-1\~(" LI....C · · ~~er u..c...
Person . &r~'\ ~<~Jr"" · Corp/Part U.SO.. Gvv-.~e.-r
Title P<Ps\c!e~ Title. ___ · .::::C:::J~.._;;;.. _______ _
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3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to'(1) or (2) above Is a nonprofit organlzation or a trust,
list the names and addresses of ANY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary ofthe.
Non Profit/Trust Non Profit/Trust'---------..:..
Title Title. ____________ _
Address"----------Address, ___________ _
4. Have you had more .than.$500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve (12}
months? _/
0 Yes bLJ No If yes, please Indicate person(s): __________ _
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge.
·~ z.fc\h'L-\~kr/rv ~ CA.S ow"'e-r ·
Signature of owri.erfdate Signature of appiicantfdate
Print or type name of owner Print or type name of applicant
Signature of owner/applicant's agent if applicable/date ·
'
. Print or type name of owner/applicant's agent
P·1(A) Page 2of2 Revised 07/10
Revised 01/06
BACKGROUND DATA SHEET
CASE NO: CUP 12-15
CASE NAME: GUNTHER’S RETAIL 2
APPLICANT: Lisa Gunther
REQUEST AND LOCATION: Request for a Conditional Use Permit to convert up to 1,359 square feet of warehouse and office area to a retail use for the storage, sale and transfer of firearms within the Planned Industrial zone on property located at 2717 Loker Avenue West,
Suite B, in Local Facilities Management Zone 5.
LEGAL DESCRIPTION: Lot 2 of Carlsbad Tract Map No. 03-12, in the City of Carlsbad, County of San Diego, State of California, According to Parcel Map No. 19517, Filed in the office of the County Recorder of San Diego County, June 30, 2004
APN: 209-081-38 Acres: 5.38 Proposed No. of Lots/Units: N/A
GENERAL PLAN AND ZONING
Existing Land Use Designation: Planned Industrial (PI)
Proposed Land Use Designation: N/A
Density Allowed: N/A Density Proposed: N/A
Existing Zone: Planned Industrial (P-M) Proposed Zone: N/A
Surrounding Zoning, General Plan and Land Use:
Zoning General Plan Current Land Use
Site Planned Industrial(P-M) Planned Industrial (PI) Industrial
Office/warehouse
North Planned Industrial(P-M) Planned Industrial (PI) Industrial Office/warehouse
South Planned Industrial(P-M) Planned Industrial (PI) Industrial
Office/warehouse
East Planned Industrial(P-M) Planned Industrial (PI) Industrial
Office/warehouse
West Planned Industrial(P-M) Planned Industrial (PI) Retail shopping center
LOCAL COASTAL PROGRAM
Coastal Zone: Yes No Local Coastal Program Segment: N/A
Within Appeal Jurisdiction: Yes No Coastal Development Permit: Yes No
Local Coastal Program Amendment: Yes No
Existing LCP Land Use Designation: N/A Proposed LCP Land Use Designation: N/A
Existing LCP Zone: N/A Proposed LCP Zone: N/A
Revised 01/06
PUBLIC FACILITIES
School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity): N/A
ENVIRONMENTAL IMPACT ASSESSMENT
Categorical Exemption,
Negative Declaration, issued
Certified Environmental Impact Report, dated
Other, Pursuant to Section 15270 of the California Environmental Quality Act (CEQA),
CEQA does not apply to projects which a public agency rejects or disapproves.
12/5/2012
Objective:
Retail CUP-2 for an online business (Gunther Guns) selling firearms, ammunition
and related gear at a portion of2717 Loker Avenue West, Carlsbad, CA 92010 which
will not exceed 10% of building square footage.
Summary:
1. Carlsbad has already granted a business license to Gunther Guns for online
firearm sales in 2011.
2. In order to conduct business, the following wording is required on the
business license to satisfy the State of California Department of Justice: "Valid
for Retail Sales of Firearms".
3. A retail CUP-2, as noted as a permitted use with CUP in Table A Chapter
21.34.020 of the Carlsbad Zoning Ordinance, is required for the proper
wording on the business license.
4. Gunther Guns meets requirements for Retail CUP-2 in the P-M Zone:
i. Access to firearms is a concernjuse that is desireable to the
individuals and businesses in the vicinity as an added option
for security. It is currently lacking in the P-M zone and even the
Carlsbad Police Department cannot purchase firearms and
necessary ammunition within the city.
ii. Gunther Guns will be members only Oike gyms in the area) to
limit/discourage public access and as an added security
measure.
iii. The proposed retail site of approximately 1359 square feet
maximum (less than 10% of building square footage) has
adequate parking and building facilities for proposed use.
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EXHIBIT "D"
Maximum Building Area, Allocable Share, and Allocated Parking Spaces . .
Maximum Allocable Share
Building Area Allocated· of Common
Building Number LotNwnber (S~uare Feet~ Parkin~ Spaces Expenses
NIA Lot I NIA NIA NIA
2717 . Lot2 13,932 30 17.3%
2719 Lot3 14,512 22 18.0%
2721 Lot4 16,672 29 20.7%
2715 LotS 11,449 37 14.2%
2713 Lot6 9,418 24 11.7%
2711 Lot7 14,600 59 18.1%
Totals 80,583 Sq. Ft 201'"* 100"/o
** Note that as of the date of this Deelaration there are 24 unallocated parking spaces within the
Project, which unallocated parking spaces are for the use of all of the Lots as set forth in Section
· 8.2 ofthis Declaration. · ·
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