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Home My WebLink About1987-03-04; Planning Commission; ; SP 27A - GERICO'S RESTAURANTAPPLICATIOP-SUBMITTAL DATE: DECEMBER 1 1986 S~APP RBPOR~ DATE: TO: FROM: MARCH 4, 1987 PLANNING COMMISSION PLANNING DEPARTMENT SUBJECT: SP-27(A) GERICO'S RESTAURANT -Request for an amendment to Specific Plan 27 for a 200 square foot retail liquor store within Gerico's Restaurant at 850 Tamarack Avenue, in the c-2 zone. I. RECOMMENDATION That the Planning Commission ADOPT Resolution No. 2644 DENYING SP-27(A). II. PROJECT DESCRIPTION AND BACKGROUND Gerico's Restaurant (formerly Daisy's) consists of a restaurant, coffee house, and cocktail lounge, located on the northwest corner of Tamarack Avenue and I-5. The original plan was approved under Specific Plan 27 in 1972. That plan basically approved the site layout as it exists today which required 60 parking spaces, one access off Tamarack, and freeway signage limited to one pole sign to be shared with the neighboring service station. The restaurant facilities contain about 6,500 square feet. At this time, the applicant is requesting an amendment to the Specific Plan to convert 200 square feet of the existing lobby into a retail liquor store. Their on-premise liquor license~. does allow for off-premise sales through a separate permit issued by the Alcohol Beverage Control Board. An application for a permit to sell liquor at a gas station on the southeast~ corner of I-5 and Tamarack was recently denied by the City. The Commission expressed some concern about selling liquor so close to the freeway. III. ANALYSIS Planning Issues: 1. Would the requirements of the C-2 zone and the parking ordinance be met by the proposed project? 2. Would the proposed project adversely impact the surrounding area? d)f DISCUSSION This project cannot meet the requirements of the C-2 zone. In particular, parking standards have changed since the original Daisy's Restaurant was built in 1972. Today's standards require 90 parking spaces for a 6,500 square foot restaurant. The original Specific Plan required 60; thus, there is an existing shortage of 30 spaces. The additional retail use in the building, while having a lower parking standard than a restaurant, is still an intensification of use on the property. The retail proposal, i.e. 200 square feet, would require one additional space. Another zoning requirement for an off-sale liquor store is that there be an unobstructed view into the premises from the street, i.e. Tamarack. The building's entrance is on the side of the restaurant and is not visible from the street. In this case, even if it were visible to the street, the building is set back so far on the lot that the intent of the requirement may not be viable. Another finding which must be made is that traffic flow on public streets cannot cause congestion or be detrimental to other nearby commercial uses, and the project has to be compatible with the surrounding neighborhood. The 200 square foot retail operation, which also may be used in conjunction with a trip to the existing restaurant, will not generate a substantial number of new trips. The restaurant is bordered on three sides by I-5 and other commercial entities (gas stations). The neighborhood to the north is screened by block walls and landscaping. The surrounding area would not be adversely impacted. To summarize, the proposed use, i.e. a small retail liquor store, located within an existing restaurant, would not appreciably change the current commercial use at that location. However, since the existing facility does not meet current standards and the use would be intensified by the proposed project, staff recommends DENIAL of SP-27(A). IV. ENVIRONMENTAL REVIEW This project is categorically exempt from environmental review per section 15301, Class I (Existing Structures) of CEQA. ATTACHMENTS 1. Planning Commissio~ Resolution No. 2644 2. Location Map 3. Background Data Sheet 4. Disclosure Form 5. Exhibits "A" and "B", dated December 18, 1986 NER:dm 2/6/87 :,, :II :II GENERAL PLAN IISIDINTIAL RL LOW DENSITY ( 0-I 5 l RIM LOW-MEDlt:M DENSITY (0-1) RM MEDlt:M DENSITY ( 4·8) RMH MEDlt:M HIGH DENSITY ( 8-15) RH HIGH DENSITY ( 15-H) COMMIICIAL RR! INTENSIVE REGIONAL RETAIL ( Cl-Plaza Camino ~al) RRE EXTENSIVE REGIONAL RETAIL ( cg. Car Country Carlsbad) RS REGIONAL SERVICE C COMMl"NITYCOMMERCIAL N SEIGHBORHOOD COMMERCIAL TS TRAVEL SERVICES COMMERCIAL 0 PROFESSIONAL RELATED CBD CENTRAL BCSINESS DISTRICT Pl PLANNED INDCSTRIAL G GOVERNMENT FACILITIES t: PCBUC CTIUTIES RC RECREATION COMMERCIAL SCHOOU E ELEMENTARY J Jt:NIOR HIGH H HIGH SCHOOL P PRIVATE OS OPEN SPACE NU NON RESIDENTIAL RESERVE !: z ii: > :II ,.. > z "' ZONING ftSIDINTIAL P·C PLANNED COMMl"NITY ZONE R·A RESIDENTIAL AGR!Cll.n 1lAl. ZONE 11.·E Rt:RAL RESIDE.,"T!AI. ESTATE ZONE II.· I ONE-FAMILY RESIDE.,"T!AI. ZONE 11.·2 TWO-FAMILYRESIDE."fl1AI.ZONE 1/1 ... II.· 3 Ml'LTIPLf FAMILY RESIDENTIAL ZONE II.· 31 LIMITED MU.TI• FAMILY RESIDE.,"TIAL ZONE RD·M RESIDENTIAL DENSITI"·Ml1.TIPLE ZONE RD·H RESIDENTIAL DENSITY-HIGH ZONE RMHP RESIDENTIAL MOBILE HOME PARK ZONE R·P RESIDE.'"TIAL PROFESSIONAL ZONE RT RESIDENTIAL TOllUST ZONE RW RESIDENTIAL 'llATERWAY ZONE COMMIICIAL 0 omcEZONE C· 1 NEIGHBORHOOD COMMERCIAL ZONE C· 2 GENERAL COMMERCIAL ZONE C·T COMMERCIAL·TOllUST ZONE C•M HEAVYCOMMEIICIAL·UMITED INDt:STRIAL ZONE M INDl'STIUAI. ZONE P-111 PLANNED INDl'STIUAI. ZONE cmtll F·P FLOODPUIN OVEIIUY ZONE L·C UMlTED CONTIIOL OS OPEN SPACE P·U Pl'BUC L'TIUTY ZONE GERICO'S RESTAURANT City of Carlsbad SP-27(A) BACKGROUND DATA SHEET CASE NO: SP-27(A) APPLICANT: Gerico's Restaurant REQUEST AND LOCATION: Amendment to Specific Plan 27 to allow for 200 sq. ft. retail liquor store within existing restaurant facility, at 860 Tamarack Ave. LEGAL DESCRIPTION: Lot 2, Tamarack Plaza, Map No. 5944 APN: 204-032-37 Acres .88 ------Proposed No. of Lots/Units N/A -------------- GENERAL PLAN AND ZONING Land Use Designation Travel Service (TS) Density Allowed N/A -----=--------Density Proposed N/A Existing Zone C-2 -----------Proposed Zone C-2 Surrounding Zoning and Land Use: Zoning Land Use Site C-2 Restaurant/Cocktail Lounge Coffee Shop North R-1 Residential South C-2 Gas Station East T-C I-5 Freeway West C-1 Gas Station PUBLIC FACILITIES School District N/A ---=-----Water Carlsbad Sewer Carlsbad EDU's N/A -------- Public Facilities Fee Agreement, dated December 12, 1986 ________ _,__ _________ _ ENVIRONMENTAL IMPACT ASSESSMENT __ Negative Declaration, issued ____________ _ __ E.I.R. Certified, dated ---------------- Other, Categorical Exemption, Section 15301, Class 1. DISCLOSURE FORM APPLICANI.': Gerico' s Restaurant (General Partnership) AGENr: MEMBERS: Name (individual, p:,.rtnership, joint venture, corporation, syooication) 850 Tamarack Ave. Carlsbad, CA 92008 Business Address (619) 729-4996 Telephone Nl.Dlber N/A Name Business Address Telephone Nl.Dlber Gerald H. Sova Name (individual, p:,.rtner, joint venture, corporation, syndication) 158 N. Hwy. 101, Encinitas Homec~dress92024 158 N. Hwy 101, Encinitas, CA 92024 Business Address (619) 753-0·555 Telephone Number Jeffrey T. King --Name Telephone Nrnroer 129 Jupiter St. ,Leucadia, CA Hane Address 9 2 O 24 850 Tamarack Ave. Carlsbad,CA 92008 Business Address (619) 942-8734 Telephone Number Telephone Number (Attach rrore sheets if necessary) ( two more partners; additional sheet attached) The applicant is required to apply for Coastal Comission Approval if located in the Coastal lone. I/We declare under penalty of perjury that the information contained in this disclosure is true and correct and that it will remain true aoo correct aoo may be relied upon as being true and correct mtil amended. APPLICANI.' BY -?'lf',.,,,(, ~ Ge,.. f l!Cf/JE(J,. ;,:ent, <Mner, Partner .•. David c. DuRee 310 A Ave Victoria San Clemente, Ca 92672 850 Tamarack Ave. Carlsbad, Ca 92008 (714) 492-6583 Martin J. Kouma 129 Jupiter St. Apt. E Leucadia, Ca 92024 850 Tamarack Ave. Carlsbad, Ca 92008 (619) 942-8734 Carlsbad Journal Decreed A Legal Newspaper by the Superior Court of San Diego County Mail all correspondence regarding public notice advertising to North Coast Publishers, Inc. corporate offices: P 0. Box 878, Encinitas, CA 92024 (619) 753-6543 Proof of Publication FEB 1987 PLANNING om,ITTMEMl CHY OF CARLSSAD STATE OF CALIFORNIA, ss. COUNTY OF SAN DIEGO, I om o cItIzen of the United States and o resident of the county aforesaid; I om over the age of eighteen years, and not o party to or interested in the above entitled matter. I om principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of Son Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, ond which newspaper at a 11 ti mes herein mentioned had and sti 11 has a bona fide subscription I ist of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of Carlsbad, County of Son Diego, State of California, for a period exceeding one year next preceding the dote of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, hos been pub I ished in each regular and entire issue of said newspaper and not in any supplement thereof on the fol lowing dates, to-wit: NOTICE OF PUBLIC HEARING NOTIC'E IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the Safety and Service Center. 2560 Orion Way. Carlsbad. California. at 6:00 p.m. on Wednes- day. March 4. 1987. to consider approval for an amendment to Spe- cific Plan 27 for a 200 square foot retail liquor store within Gerico's Restaurant on property located at Tamarack Avenue. in the C-2 zone and more particularly described as: Lot 2. Tamarack Plaza. Map No. 5944. Those persons wishing to speak on this proposal are cordially in- vited to attend the public hearing. If you have any questions please call the Planning Department at 438-1161. If you cha!Lenge the Specific Plan Amendment in court. you mav be limited to raising only those issues you or someone else raised at the public hearing described in this notice, o~ in written correspon- dence delivered to the City of Carls- bad at or prior to the public hearing. Case File: -SP-27(Al Appl i Cant: GER I co· s RES- TAURANT CITY OF CARLSBAD PLANNING COMMISSION • _ui1=, -•F---U=J: : ~ --t:JW~ .-1= =--~:: .... --.. O¢•DO D □ , -- GERICO'S RESTAURANT SP-27(A) CJ 4543: February 21. 1987 Febr_uary_ 21 i _ 19_87_ ...... 19 .... 19 .... ... 19. ... 19 .... I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on ____ _t=h=e'------'2=1'-"s~t~----- day of ___ Febrll ary_,__19,.,.8__._7 __ 4,n,~ _/ -~~~~e1~f ~~er ,, ,, LJ_L_ !:; GENERAL PLAN RISIDINTIAL Rt LOW DENSITY (0· 1 ~) R1.M LOW·MEDlt:M DENSlfY(0·4) R\I MEDlt:M DENSlrY(4·8) RM11 MEDIL.M HIGH DENSlrY(8·1') RH HIGH DENSITY (1~•23) COMMERCIAL RR! INTENSIVE REGIONAL RETAIL (cg. Pin• Camino Real) RRE EXTENSIVE REGIONAL RETAIL (cg Cu Country c,rt,bad) RS REGIONAL SERVICE C COMML.NITY COMMERCIAL N :"flGlfBORl!OOD COM.\!ERUAL TS TRAVEL SER\ ICES COMMERCIAL 0 PROFESSIONAi. RELATED CBD CENTRAL Bt:SINESS DISllUCT Pl PLANNED INDLSTRJAL G GO\'ERN\IENT FACILITIES V PL.BLIC LTILJTIES RC RECRE.UION COMMERCLAL SCHOOLS E ELEMENTARY J JL.NIOR lllGH H HIGH SCHOOL P PRIVATE OS OPEN SPACE NRR NON RESIDENTL\L RESERVE "' .... ZONING RUWfNTIAL r z,--1--J ;: l>•--l--J ,, r--+---J r-~ r--+--1 m ,-~.---1 ~ P·C PLAl<M[) COMML1'1TY ZONE R·A RESll)!·:--.·n.At AGRI(TLTT:RAI. ZONE R·E Rl R.U RESIDENTIAi. ESTAlc ZONE R·I c.,;f.fAMILY RESIDENTHL ZONE R·l P.Hl·f."-'IILY RESIDE:STLU ZONE R-3 \HTnPLE FAMILY RESIDENTIAL ZONE R·3L Ll\11TED MLI.TI·FAMILY RESIDENlHL ZONE RD-M R<SIDENTLAL DENS1n·•MLLTIPLE ZONE RD·H RESIOE!'i'I LU DENSln·-111Gl1 ZONE RMHP RESIDE?' I UL \IOBILE HOME PARK ZONE R·P RESIDEN11AL PROffSSION.U ZONE RT RESIDENTIAL TOLRISf ZONE RW RESIDEN'I LU \HTERWAY ZONE COMMERCIAL 0 OFFICE ZONE C· 1 NEIG11BORHOOD COMMERCI.U ZONE C·Z GENER.U COMMERCLU ZONE CT COMMERCLUTOLIUST ZO1'E C-M HEAVY COMMERCLU·IJMITED INDL'STRJU ZONE M LNDLSTRJU ZONE P·M PLANNED lNDlJSTRJU ZONE OTHIR F·P FLOODPUJN OVERLAY ZOt-.E L·C LIMITED CO:0.711.OL OS OPEN SPACE P·l! Pl'BIJC L"11UTY ZO1'c GERICO'S RESTAURANT City of Carlsbad SP-27(A) ( '2 'TAM~RA.C. '5'~ I< ,·"'J sf'~ces l!,. -= O" l 7..' 4-S" R='2.0',l,OO' L" 1,(pt •, _ MA ...,._ I ia• LI _I. \VOL .f,1,J.. _tf'I.O .tl OAIW l Y .• Sl!Ut ,A :AICBITICT U •tSA, U.12041 ,--ce -,,_. • .. _;_ -_ ..... ~---" ' -·~ • -. -~