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HomeMy WebLinkAboutCUP 225; Szechuan Garden La Costa Inc.; Conditional Use Permit (CUP)The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Conditional Use Permit Extension Item No. P.C. AGENDA OF: March 16, 2005 Application complete date: January 18, 2005 Project Planner: Mike Strong Project Engineer: David Rick SUBJECT: CUP 225x4 - WESTBLUFF ASSOCIATES, LTD (PEKING GARDEN RESTAURANT) - Request for retroactive approval of a 5-year extension of CUP 225x3 to allow the on-premise sale of alcoholic beverages at the Peking Garden Restaurant located at 6990 El Camino Real in Local Facilities Management Zone 6. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 5849 APPROVING a five-year retroactive extension of CUP 225x3 based upon the findings and subject to the conditions contained therein. II. INTRODUCTION This proposed five-year extension of CUP 225x3, effective retroactively, will allow the on- premise sale of alcoholic beverages at the Peking Garden Restaurant located at 6990 El Camino. Real from February 9, 2005 through February 8, 2010. III. PROJECT DESCRIPTION AND BACKGROUND The site is generally located at the northeast corner of El Camino Real and Alga Road in the Westbluff Plaza commercial center. On January 3rd, 2001 the Planning Commission approved CUP 225x3 to allow the on-premise sale of alcoholic beverages at the Peking Garden Restaurant located at 6990 El Camino Real. Condition No. 3 of the approving CUP, Resolution No. 4883, specifies that CUP 225x3 is granted for a period of 5 years through February 9, 2005, but may be extended for a period not to exceed 5 years upon written application of the applicant. The applicant, Wilson Wong, Peking Garden Restaurant, is requesting a 5-year extension of CUP 225x3, effective retroactively to February 9, 2005 through February 8, 2010. A new condition of approval (#6) has been added to the Planning Commission Resolution 5849 to address waste discharge in urban water runoff. IV. ANALYSIS A. The Peking Garden Restaurant continues to be consistent with all applicable plans, policies and regulations described below: CUP 225x4 - WESTBLUFF ASSOCIATES, LTD. (PEKING GARDEN RESTAURANT) January 24, 2005 Page 2 1. Carlsbad General Plan; 2. Local Facilities Management Zone 6; and 3. Title 21 of the Carlsbad Municipal Code. B. The adopted project conditions for CUP 225x3, which are contained in Planning Commission Resolution No. 4883 still apply to this project (CUP 225x4) with the exception of Condition No. 3 which is amended by Condition No. 5 in Planning Commission Resolution No. 5849 to extend CUP 225x3 retroactively for five years from February 9, 2005 through February 8, 2010 and a new Condition No. 6. C. The new condition of approval (No. 6) has been added to the Planning Commission Resolution No. 5849 requiring the project to address measures to reduce waste discharge in urban runoff. D. No formal written complaints regarding CUP 225x3 have been submitted to the City. E. Annual reviews have been conducted for CUP 225x3 and the project is in compliance with all conditions of approval. F. The extended CUP is exempt from environmental review per Section 15301, of CEQA. V. ENVIRONMENTAL REVIEW The Planning Director has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301, Existing Facilities, of the State CEQA Guidelines and will not have any adverse significant impact on the environment. ATTACHMENTS: 1. Planning Commission Resolution No. 5849 2. Location Map 3. Planning Commission Resolutions No. 2077, 3079, 3961, and 4883 4. Disclosure Statement SITE WESTBLUFF ASSOCIATION, LTD. (PEKING GARDEN RESTAURANT) CUP 225x4 Dec 14 O4 O9:12a Dec 13 20O4 3:52PM FROM : a7 ed Gateway Client CU^LIERS INTERfSflTIONflL FflX ND. .'7604309323 61^ 588-9020 858~f69146 p. 3 Dec. 13 2004 B3.'45PM P3 .2 City of Carlsbad kl 11 11 i i»ci DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests discretionary action on the part of tho City Council or any Committee, in all applications whfnh will mn< ««» appointed Board, Commission or The following Information MUST ba disclosed at tha time of abpllcatlon submittai. Your project cannot be reviewed until this information Is completed. Please prln Note:>«^';:i-:v^^;^*"1 ;^^ 4itpan<«a1(on.' w6Vp*r6TlWrv;«»t«i«, Vri!^ij'V«»l>?^^«Vj?''.* £?*«.•'"* ihW'iiiKl!1* rnupthclpalltyj. district or a&ar-Vaflfro«-wWlv'.lsibn o'r. wny-ViH'ir.:'ri!roijp':'<>t: jo '•••'' "' i'•'.. '':T"-!''r-'K'^.'^^^ Agantm -mvtf tag'nthlVdoeuiVjaritr'-howay^ &fl«Mifaifriitt"'iH ' toe provided balow/.' .y;1 -. ' •• ••; 7. ^:":::-;^V'•;;.:• ,- V : ^jp ot xio nblnation 1.APPLICANT (Not the applicant's agent] Provide thr COMPLETE, LEGAL names and addresses of AjLj In tfto appiiuuiluu. If ih» tmullcttnf Includes- a corporation title, addnaaaea of ell Individual* owning more than 1O% OWN MORE THAN 10% OF THE SHARES, PLEASE INDlpA SPACE BELOW If a poblloly-owngd corporation, include the corporate officers. |A separata page may ba attached if Person. ^ A^ t~ - ksQKfO • Cons/Part C c/6 Tltlo f tha »harva. IF NO INDIVIDUALS E NON-APPUCABLE (N/AJ IN THE lomoa, titlea, and addre»se» of tho necassary.) Addraae AM**** t>7? 5*, 2.OWNER (Wot the ownef'a'agant) " ." Provide th« COMPLETEr LEGAL names and addresses 'of t LL Interest Jn the property Involved. Aleo. provide tha nature corporation or pann»r»h<jyt Inoludo the name*, trtlo, oddro* than 10% of tha aheraa. IF NO INDIVIDUALS OWN MOAE PLEASE INDICATE NON-APPLlCABU (N/A) IN THE SPA' :E corporation. Include tha namea, tttles, and addressee of trje page may be attsched if necessary-) Person_ LJ$\ ^£>^_ Title Corp/Part_ "TWe • QBrinn.7JlU SOB.4800 . . mblnatiori,. inching h« •'unit.* :irtv,r.vrH:-v:V:!-«:-r-"".' ;", •'•.;•"' "• •'• ' '•'•.•/wpfjjloariit^ »ir>(J " uliy . •.•rty"' oWn»r <ir u nt persona having a financial interest JL pencneranfp. Include tne namaa, ST- persons having any ownership of tha legal ownership (I.e. rs ) If rh« nvunArnhlp inrlnrlAii A a* of all irwlividvimla owning moro THAN 10% OF THE SHARES. BELOW. If « oubllcly-uwiimJ corporate officers. (A separate V Dl ert«6«d-C».i« Dec 14 04 09:13a Va ed Gateway Client Deo 13 2O04 3:52PM COLLIERS INTERNRTICNRL FROM : " FflX NO. :7604389020 61 -588-9020 8585463146 3.NON-PROHT ORGANIZATION OR TRUEST If any person Identified purauam to (1.) or (2) above IB a non, fist the" names and addressee of ANY paraon serving ea an <j profit organization or ee trbatea or beneficiary of the. P.4 p. 4 Dec. 13 3334 03:47PM P4 arofrt organization or a trust. fficer or director o^ th« non- TJtle Addraas_Addre»e_ 4.HBV« you had mor« tKan *260 worth ef buslneBti trtniiectiad with any member of City .staff, BoariB^CommUBionavCornmJneM and/or.CoubeiLwfthln th« pact twelve {12) months? Yea No If yes, pleaaa indicwta p»r»Qn(»>:. NOTE: Attach additional aheetfl If necetcary. 1 certify the above Information l« true and correct to the be^t of my knowledfla,wit Signature of owner/date . Print o& type name cp/ir'^rfr^ ame of d^tner "Print pt typa Signature of owner/applicant's agent F «ppllcable/dat« tame of applicant Print or type name of owner/applicant • agent ThSity of CARLSBAD Planning DeparJRTent A REPORT TO THE PLANNING COMMISSION Conditional Use Permit Extension Item No. P.C. AGENDA OF: January 3, 2001 Application complete date: Project Planner: Anne Hysong Project Engineer: SUBJECT: CUP 225x3 - WESTBLUFF ASSOCIATES, LTD. - Request for an extension of CUP 225x2 to allow the continued on-premise sale of alcoholic beverages at the Peking Garden Restaurant located at 6986 El Camino Real, Suite K/I (Westbluff Plaza) in Local Facilities Management Zone 6. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 4883 APPROVING a five year extension of CUP 225x2 based upon the findings and subject to the conditions contained therein. II. INTRODUCTION This proposed five year extension of CUP 225x2 retroactive to February 9, 2000 will allow the continued on-premise sale of alcoholic beverages at the Peking Garden Restaurant located at 6986 El Camino Real through February 9, 2005. III. PROJECT DESCRIPTION AND BACKGROUND On August 7, 1996 the Planning Commission approved CUP 225x2 to allow the on-premise sale of alcoholic beverages at the Peking Garden Restaurant located at 6986 El Camino Real in the Westbluff Plaza commercial center. Condition No. 2 of the approving CUP Resolution No. 3961 specifies that CUP 225x2 is granted for a period of 5 years through February 9, 2000, but may be extended for a period not to exceed 5 years upon written application of the permittee (Westbluff Associates, Ltd). The applicant, Wilson Wong, Peking Garden Restaurant, is requesting a 5 year extension of CUP 225x2 effective retroactively to February 9, 2000 through February 9, 2005 to allow the continued on-premise sale of alcoholic beverages at the Peking Garden Restaurant. IV. ANALYSIS A. The Peking Garden Restaurant continues to be consistent with all applicable plans, policies and regulations described below: B. 1. Carlsbad General Plan 2. Local Facilities Management Plan 6 3. Title 21 of the Carlsbad Municipal Code CUP 225X3 - WESTBLUFT ASSOCIATES, LTD. January 3, 2001 Page 2 C. The adopted project findings for CUP 225x2, which are contained in Planning Commission Resolution No. 3961 still apply to this project (CUP 225x3). D. The adopted project conditions for CUP 225x2, which are contained in Planning Commission Resolution No. 3961 still apply to this project (CUP 225x3) with the exception of Condition No. 2 which is amended by Condition No. 3 in Planning Commission Resolution No. 4883 to retroactively extend CUP 225x3 for 5 years from February 9, 2000 through February 9, 2005. E. No formal written complaints regarding CUP 225x2 have been submitted to the City. F. Annual reviews have been conducted for CUP 225x2 and the project is in compliance with all conditions of approval. V. ENVIRONMENTAL REVIEW The Planning Director has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301, Existing Facilities, of the State CEQA Guidelines and will not have any adverse significant impact on the environment. ATTACHMENTS; 1. Planning Commission Resolution No. 4883 (CUP) 2. Location Map 3. Planning Commission Resolutions No. 2077, 3079, and 3961 AH:cs:mh [SITE SITE WESTBLUFF ASSOCIATES, LTD. (PEKING GARDEN RESTAURANT) CUP 225x3 J^re City of CARLSBAD Planning Departme A REPORT TO THE PLANNING COMMISSION Conditional Use Permit Extension Item No.I 4 P.C. AGENDA OF: August 7, 1996 Application complete date: N/A Project Planner: Anne Hysong Project Engineer: SUBJECT: I. CUP 225x2 - WESTBLUFF ASSOCIATES, LTD. - Request for an extension of CUP225xl to allow the continued on premise sale of alcoholic beverages at the Peking Garden Restaurant located at 6986 El Camino Real, Suite K/L (West Bluff Plaza) in Local Facilities Management Zone 6. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 3961 APPROVING CUP 225x2 allowing a five year extension based upon the findings and subject to the conditions contained therein. II.INTRODUCTION This proposed five year extension of the subject conditional use permit will allow the continued on premise sale of alcoholic beverages at the Peking Garden Restaurant located in the West Bluff Plaza commercial center. A five year extension would extend the conditional use permit through February 9, 2000. Although the applicant requested an extension during 1995, processing of the request was inadvertently delayed until this year. III.PROJECT DESCRIPTION AND BACKGROUND On February 9, 1983, the Planning Commission approved CUP225 allowing the on premise sale of alcoholic beverages at an existing Chinese restaurant located in the West Bluff Plaza commercial center in the C-l zone. CUP 225x1 was approved on August 15, 1990 extending the permit for five years through February 9, 1995. Condition No 2 of the approving CUP Resolution No. 3079 specifies that CUP 225x1 is granted for a period of 5 years but may be extended upon written application of the permittee (Westbluff Associates, Ltd./Compass Capital Corporation). The applicant is requesting a 5 year extension of CUP 225x1 to allow the continued on premise sale of alcohol at this site. The restaurant use has not changed in size or operation since the previous conditional use permit extension. WESTBLUFF ASSOCIATE, LTD. AUGUST?, 1996 PAGE 2 IV. ANALYSIS A. The sale of alcoholic beverages at the Peking Gardens Restaurant in the C-l zone continues to be consistent with all applicable plans, policies and regulations described below: 1. Carlsbad General Plan; 2. Local Facilities Management Plan 6; and 3. Title 21 of the Carlsbad Municipal Code. B. The adopted project findings for CUP 225 and CUP 225x1, which are contained in Planning Commission Resolutions No. 2077 and 3079 still apply to this project (CUP225x2). Restaurants serving alcoholic beverages in the Neighborhood Commercial (C-l) zone require approval of a conditional use permit to ensure compatibility with surrounding residential uses. The Peking Gardens restaurant is located within Westbluff Plaza, a neighborhood commercial center, which is separated from surrounding residential development by roadways and the La Costa golf course. The restaurant use is a compatible use within Westbluff Plaza and has no direct impact on uses outside the commercial center. C. The adopted project conditions for CUP 225x1 which are contained in Planning Commission Resolutions No. 2077 and 3079 still apply to this project (CUP225X2) with the exception of Condition No. 2 which is amended by Condition No. 2 in Planning Commission Resolution No.3961 to extend CUP 225x2 for five years through February 9, 2000). D. No formal written complaints regarding CUP 225x1 have been submitted to the City. E. Annual reviews have been conducted for CUP 225x1 and the project is in compliance with all conditions of approval. F. The extended CUP should be exempted from environmental review per Section 15301, Class 1 of CEQA. V. ENVIRONMENTAL REVIEW The Planning Director has determined that this project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301, Existing Facilities, of the State CEQA Guidelines and will not have any adverse significant impact on the environment. WESTBLUFF ASSOCIATE, LTD. AUGUST?, 1996 PAGE 3 ATTACHMENTS: 1. Planning Commission Resolution No. 3 961 2. Location Map 3. Disclosure Statement - Owner of Center 4. Disclosure Statement - Operator of Use 5. Planning Commission Resolution No 3079 dated August 15, 1990 6. Planning Commission Resolution No. 2077 dated February 9,1983 July 17,1996 AH:kc SITE WESTBLUFF ASSOCIATES, LTD. CUP 225X2 City of Carlsbad Plarmina DeDartmont DISCLOSURE STATEMENT APPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL. OR ANY APPOINTED BOARD. COMMISSION OR COMMITTEE. (Please Print) The following information must be disclosed: 1 4. Applicant List the names and addresses of all persons having a financial interest in the application. Westbluff Associates, Ltd. c/o Planned Equities. ,, , General Partner 2046 E. Murray Holladay Road, #200 _§alt Lake City, UT 84117 Owner List the names and addresses of ail persons having any ownership interest in the property involved. Westbluff Associates, Ltd. __ ______ ______ ._ a Utah Limited Partoership_ __ __ _ _____ __ __ _ Planned Equities General Partner 2046 E. Murray Holladay Road, ft2QO Salt Lake City, UT 84117 If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. (See attached list) If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. Not applicable _____ _ _ . _________„ _ _. _ (Over) Disclosure Statement Page 2 5. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No V If yes, please indicate person(s) Person is defined as: "Any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust • receiver, syndicate, this and any other county, city and county, city municipality, district of other political subdivision, or any other Qroup or combination Acting as a unit* (NOTE: Attach additional pages as necessary.; Sfgnature/oj/oWn'er/aate I ' I / /Gary HeJwland, President Westbluff Associates. I^td. Print or type name of owner By Planned Equities., General Partner 7 r~r Gary Rowland, President Print or type nama of applicant JUU-29-96 MOM 11:38 PEKING GARDENS P. 02 City of Carlsbad t>OD£irt.r»it*rit DISCLOSURE STATEMENT APPLICANT'S STATEMENT Of DISCLOSURE OF CEFTTAIM OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REWIR5 DISCRETIONARY ACTION ON THE PART OF THB CPTY COUNCIL, OB ANY APPOINTED BOARD, COMMISSION OR COMMfTTES. (Pfease Print) The following Information must be disclosed: 1. Applicant List tjie names and addresses of all persons having a finandaljnterest in th^applicatio^.'--•£••- - 2, PL. UMf List the names end addresses of all persons having any ownership interest in the property involved. 3. If any person identified pursuant to (1) or (2) above (9 a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list th© names addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. 2O75 La9 Palmas Drive • Carlsbad, California 92O09-4B59 • (©19) 438-1161 20 'd fr6808£fr 'ON XW 3Q HHOO (JVaSWO JO A1IO <fc;fl JUL-29-96 MON 11:39 PEKING GftRDENS P. (Over) Disclosure Statement Page 2 5. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions. Committees and Council within the past twelve months? Yes No \/ If yes, please indicate person(s) . is doflrtsd as: 'Any Individual, firm, eopartnarship, Joint venture, association, social club, fraternal organization, corporation, wtet«, trust, receiver, syndicate, this and any other county, city and county, city municipality, district or other political subdivision, or any other grogp or combination (NOTE: Attach additional pages as necessary.) 7 -11- Print or typo name of owner Signature of applicant/date Print or type name of applicant 80'd t>6808£fr 'OH m HQ WHOO (W8S1WO JO AilO 9e:0[ NOW .qfi-fi^- *STAFF REPORT DATE: AUGUST 15, 1990 TO: PLANNING COMMISSION FROM: PLANNING DIRECTOR SUBJECT: CUP 225x1 - WESTBLUFF ASSOCIATES. LTD. - Request for a 7 year extension allowing the on premise sale of alcoholic beverages at an existing Chinese Restaurant located in the West Bluff Plaza Commercial Center at the northeast corner of Alga Road and El Camino Real in Local Facilities Management Zone 6. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 3079 APPROVING an extension of Conditional Use Permit 225 totaling 7 years, based on the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND On February 9, 1983, the Planning Commission approved a Conditional Use Permit allowing the on premise sale of alcoholic beverages at an existing Chinese Restaurant located in the West Bluff Plaza Commercial Center. The Conditional Use Permit was conditioned to expire in five years unless an extension was requested and approved by the Planning Commission. Over the past few months, the Planning Department has created a monitoring program to track projects conditioned with expiration dates. This program has identified a number of expired conditional use permits. In order to allow the extension of those conditional uses still in operation or existence, the Planning Department has given property owners 60 days to request extensions of their conditional use permits. After notification by staff, the applicant, on May 10, 1990, submitted a request for extension of the Conditional Use Permit (two years after the Conditional Use Permit expired). III. ANALYSIS The restaurant has continued to operate as conditioned for 7 years with no complaints recorded by the Planning Department or the West Bluff Plaza property manager. Staff concludes that the use continues to be desirable for the development of the community and is not detrimental to surrounding commercial uses. The 1,920 square foot restaurant continues to be adequate in size and shape to accommodate the use. Its location within the West Bluff Plaza Commercial Center continues to provide the necessary parking and circulation system to adequately serve traffic generated by this use. CUP 225x1 WESTBLUFF ASSOCIATES, LTD. AUGUST 15, 1990 PAGE 2 Condition No. 2 of Resolution 2077 approving CUP 225 states that the Planning Commission may grant extensions not to exceed 5 years, however, the Planning Commission has stated that longer extensions may be granted. To extend CUP 225 for five additional years, it is necessary to grant extensions totaling seven years. The first 2 year extension is retroactive from February 9, 1988 through February 9, 1990. The second 5 extension will allow the subject use to continue for 5 years through February 9, 1995. Although CUP 225 has expired, the on premise sale of alcoholic beverages at an existing restaurant is still a desirable and compatible use at the approved location, therefore, staff is recommending that the Planning Commission accept the existing Conditional Use Permit as valid and extend CUP 225 for 7 years. This 7 year period includes the past 2 years as well as 5 additional years through February 9, 1995. IV. ENVIRONMENTAL REVIEW The Planning Director has determined that the environmental impacts of the project have already been considered in the original issuance of a Negative Declaration dated January 11,1983; and, therefore, a Notice of Prior Environmental Compliance was issued on June 29, 1990. ATTACHMENTS 1. Planning Commission Resolution No. 3079 2. Location Map 3. Disclosure Statement 4. Notice of Prior Environmental Compliance 5. Staff Report for CUP 225, dated February 9, 1983 6. Planning Commission Resolution No. 2077 7. Letter dated April 6, 1990. AH:kd July 11, 1990 City of Carlsbad WEST BLUFF ASSOCIATES CUP 225x1 of Permit #225 for Peking Palace Restaurant (formerly Szechuan Gardens) DISCLOSURE STATEMENT APPUCANTS STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL OR ANY APPOINTED BOARD, COMMISSION OR COMMITTEE. (Please Print) The following information must be disclosed: 1. Applicant List the names and addresses of all persons having a financial interest in the application. Westbluff Associates, Ltd. c/o Compass Capital Corp. General Partner 310 E. 4500 So., Suite 210 Salt Lake City, Utah 84107 Owner List the names and addresses of all persons having any ownership interest in the property involved. Westbluff Associates, Ltd. a Utah Limited Partnership Compass Capital Corporation General Partner 310 E. 4500 So., Suite 210 Salt Lake City, Utah 84107 If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names anc addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership: interest in the partnership. Compass Capital Corporation No limited partner owns 10% or more of the partnershipis wholly Steven F. 919 South Salt Lake owned bv Lowe 2200 East City, Utah 84108 4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names anc addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. Not applicable (Over) Disclosure Statement Page 2 5. Have you had more than $250 worth of business transacted with any member of City staff, Scares Commissions, Committees and Council within the past twelve months? Yes No y tf yes, please indicate person(s) Person is defined as: 'Any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city municipality, district or other political subdivision, or any other group or combination acting as a unit.' (NOTE: Attach additional pages as necessary.) Signature 'otOwrter/date / Steven F. Lowe, President Signature^f-applicant/date Westbluff Associates, Ltd. Print or type name of owner Print or type name of applicant By Compass Capital Corporation General Partner COMPASS CAPITAL CORPORATION 2144 South Highland Drive Salt Lake City, Utah 84106 Telephone: (801) 485-2321 April 6, 1990 Ms. Erin K. Letsch Planning Department City of Carlsbad Carlsbad, California Dear Ms. Letsch: As Owner/General Partner of Westbluff Plaza, I hereby request the granting of an extension of the Conditional Use Permit #225 for Peking Palace Restaurant (formerly Szechuan Gardens), 6986 El Camino Real, Suite K/L, Carlsbad, California 92009. Sincerely, COMPASS CAPITAL CORPORATION Steven' COMPASS e, President, ITAL CORPORATION, General Partner, Westbluff Associates, LTD. SFL:vp APPT-^KON SUBMITTAL DATE: DEdjPrSO, 1982 STAFF REPORT DATE:February 9, 1983 TO: Planning Commission FROM: Land Use Planning Office SUBJECT: CUP-225 - SZECHUAN GARDENS, INC. - Request for approval of a conditional use permit to allow the sale of alcoholic beverages at a proposed restaurant in an existing building in West Bluff Plaza located on the east side of El Camino Real north of Alga Road. I.RECOMMENDATION It is recommended that the Planning Commission APPROVE the Negative Declaration filed by the Land Use Planning Manager and ADOPT Resolution No. 2077, APPROVING CUP-225, based on the findings and subject to the conditions contained therein. II.PROJECT DESCRIPTION AND BACKGROUND The applicant is requesting that the City allow the sale and consumption of alcoholic beverages at a proposed Chinese restaurant in West Bluff Plaza. This Plaza is located in a C-1- Q zone, which allows on-premise sale of liquor within a bona fide public eating place upon the granting of a conditional use permit. The proposed restaurant would be located in an existing building, 1920 feet in area. This conditional use permit addresses solely the sale and consumption of alcohol in the restaurant. III.ANALYSIS Planning Issues 1) Can the required findings, for approval of a Conditional Use Permit, be made? Specifically: a) That the requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements 'and objectives of the general plan, and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located; b) That the site for the intended use is adequate in size and shape to accomodate the use; # C) That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained; d) That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, Discussion Staff believes that the proposed use is desirable for the development of the community and is not detrimental to surrounding uses. The required parking distribution for the Plaza is as follows: Professional Offices - 11,120 sq. ft. - 28 spaces Retail Sales - 29,640 sq. ft. - 148 spaces Banks - 9500 sq. ft. - 24 spaces Existing Restaurant - 5600 sq. ft. - 56 spaces SZECHUAN GARDENS - 1920 sq. ft. - 20 spaces Total - 276 spaces Minus 15% Reduction(S.D.P. 77-1) - 41 spaces TOTAL REQUIRED SPACES - 235 spaces EXISTING ON-SITE SPACES - 244 spaces This analysis results in nine spaces over the minimum allowed by the zoning ordinance As such, staff believes that this request will not adversely impact the on-site parking situation. Through the Site Development Plan review process, all necessary buffers, landscaping and setbacks were incorporated into the shopping center design. Staff does not believe that any additional features would be necessary to adjust the requested use to existing or permitted future uses in the neighborhood. An analysis of potential traffic impacts of the shopping center was performed at the time of original approval. It was revealed that the street system serving the shopping center would be adequate to handle the traffic generated. Staff believes that the requested use will not generate a significant increase in traffic and, therefore, that the street system would not be impacted. Overall, staff believes that the requested use would be consistent with a restaurant use and surrounding uses and not have a detrimental impact on the street system or surrounding properties. V. ENVIRONMENTAL REVIEW The Land Use Planning Manager has determined that this project will not have a significant impact upon the environment and, therefore, has issued a Negative Declaration on January 11, 1983. -2- ATTACHMENTS 1) Planning Commission No. 2077 2) Location Map 3) Background Data Sheet 4) Disclosure Form 5) Environmental Documents 6) Exhibits A, B, and C, dated January 3, 1983 PJK:bw 2/1/83 -3- C -**1 JHs CUP-225 GARDENS V2CIN1TY WAP BACKGROUND DATA SHEET CASE NO: CUP-225 APPLICANT: Szechuan Gardens, Inc. REQUEST AND LOCATION: Request for conditional use permit to allow the sale of alcoholic beverages. LEGAL DESCRIPTION: A portion of the west half of the northeast quarter of Section 26, Township 12 South, Range 4W west, San Bernardino Meridian in San Diego. APN; 215-052-07 Acres 1920 sq.ft. Proposed No. of Lots/Units N/A GENERAL PLAN AND ZONING Land Use Designation RMH Density Allowed 10-20 du/ac Density Proposed N/A Existing Zone C-1-Q Proposed Zone N/A Surrounding Zoning and Land Use: Zoning Land Use Site C-1-Q Commercial North C-1-Q Commercial South C-1-Q Commercial East P-C Vacant West C-1-Q Vacant PUBLIC FACILITIES School District San Marcos Water Costa Real Sewer Leucadia EDU's Public Facilities Fee Agreement, dated ENVIRONMENTAL IMPACT ASSESSMENT X Negative Declaration, issued January 11, 1983 E.I.R. Certified, dated Other, ''£•?. after the information you have submitted has been reviewed, it ir» determined .'i-i-sat further information ^^requir'ed, you will be so ad\ "^ APPLICANT: ivj.ewec ;-^^-<i. AGENT: Name (individual, partnership, joint venture, corporation, syndication) Business Address Telephone Number Name Business Address MEMBERS - Telephone Nurabar Name -(individual, partner, joint: venture, corporation, syndicati-on) Home Address Business Address Telephone Nur-iber Telephone iiuraber ^i Address Business Address Telephone Nuaber Telephone Number (Attach more sheets if necessary) I/We declare ur.der penalty of perjury that the information contained in thin dis- closure is true and correct and that it will remain true and correct and raay be' rolled upon as being true and correct until amended. Applicant /. EY ^ I