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HomeMy WebLinkAboutSP 25B; Tio Pepe's Restaurant; Specific Plan (SP)CASE APPLICANT: DATE RECEIVED: REQUEST: C^^-Ji^^-J^^-*^^^ ENVIRONMENTAL EXEMPT OR EXCEPTED:_ Posted: Filed: Prior Compliance:Published: Filed: NEGATIVE DECLARATION: Posted: M-C Published; K-c23>-%-S Notice of Determination: ENVIRONMENTAL IMPACT REPORT: Notice of Preparation: Notice of Completion: Notice of Determination: PLANNING COMMISSION 1. Date of Hearing; 2. Publication: ~ ?- 3. Notice to Property Owners; 4. Resolution No. (Continued to: 5. Appeal: Date: e/2-?-_W___ ACTION:/ CITY COUNCIL 1. Date of Hearing: 2. Notices to City Clerk: 3. Agenda Bill: 4. Resolution No. 5. Ordinance No. Date:; Date: ACTION i 77/3 CORRESPONDENCE Staff Report to Applicant: Resolution to Applicant: REQUEST DZone Change DGeneral Plan Amendment DTentative Tract Map DPlanned Unit Development DMajor Condominium Permit DMinor Condominium Permit DMaster Plan QMajor Condominium Conversion QMajor Redevelopment Permit (check other boxes if appropriate) DMinor Redevelopment Permit DPrecise Development Plan QSpecific Plan Amendment DSite Development Plan DConditional Use Permit DVariance DPlanning Commission Determination DSpecial Use Permit DAdministrative Variance Complete Description of Project (attach additional sheets if necessary) The applicant proposes an amendment to a Specific Plan to allow the addi- tion of an outside patio (1740± sq. ft.) and the closure of 650± sq. ft. oi dining room space. The applicant will be utilizing the attached parking agreement with Colonial Mall to accomodate the required parking. Location of Project Qn~'each side of Pio Pico approximately 150' south of the intersection of Pio Pico and Elm Avenue. Legal Description (complete) Parcel B, in the City of Carlsbad, County of San Diego, State of California as shown at page 3598 of Parcel Maps, recorded in the Office of the County Recorder of San Diego County, 2/28/75. Assessors Parcel Number156-180-44 Zone C-2 General Plan TS Existing Land Use Commercial Proposed Zone C-2 Proposed General Plan TS Site Acreage 0.8± Acres Owner Applicant Name (Print or Type) Seta Boyadjian Name (Print or Type) Same as owner Mailing Address c/o Tip Pepe's Restaurant 3050 Pio Pico Drive Mailing Address City and State Carlsbad, CA. Zip 92008 Telepnone City and State Zip Telephone I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNACTJRE N I CERTIFY THAT I AM TOE OWNER'S REPRESENTATIVE AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE' Dote Application Rec'd ,I Received By Feon Received Receipt NO; APPLICANT DISCLOSURE FORM In order to assist the members of the Planning Commission and City Council to avoid possible conflicts of interest, all appli- cants are required to complete this disclosure form at the time of submitting their application. When this form has been com- pleted and signed, the information will be relied upon by them in determining if a conflict may exist, so please ensure that all of the information is completed and accurate. If at anytime before a final action on your application has been rendered, any of the information required by this disclosure changes, an amendment reflecting this change must be filed. If the applicant is an individual, or a partnership (either gen- eral or limited) or a joint venture, please state the full name, address and phone number of each person or individual (including trusts) who own any beneficial interest in the property which is the subject of this application. Should one or more parties to the application be a partnership or joint venture, then please state the full legal name of the partnership or joint venture, its legal address and the name and address of each individual person who is a general and/or limited partner or member of the joint venture. Should one or more of the parties be a privately held corporation (10 shareholders or less) or a real estate syndication, then please state the state of incorporation or syndication, corporate number, date of incorporation or syndication, corporate or syn- dicate address, and the full names and addresses of each individual shareholder or syndicate member. Should the corpor- ation be a publically held corporation, then state the full name and address of the corporation, the place of its incorporation, number of shareholders, and the name and address of the officers of the corporation. Should you feel that additional information needs to be provided in order to provide a full disclosure, please include it. If after the information you have submitted has bean reviewed, it is determined, -that further information is required, you will be so advised. APPLICANT: Jean Claude Marengo Name (individual, partnership, joint venture, corporation, syndication) 3050 Pio Pico Drive, Carlsbad:, CA 92008 • Business Address AGENT: Telephone Number Name Business Address MEMBERS: Telephone Number Name "(individual, partner, joint venture, corporation, syndication) Home iiddress Business Address Telephone Nisiber Telephone dumber Name Home Address Business Address Telephone Nuaber Telephone Siraber ; (Attach more sheets if necessary) I/We declare ur.der penalty of per-jury that the information contained in this dis- closure is true and correct and that it will remain true and correct and may be' relied upon as being true and correct until amended. C Agent, O.vner, Partner RICK ENGINEERING COMPANY 3088 PIO PICO DR. . SUITE 202 . CARLSBAD, CA 92008 P.O. BOX 1129 . PHONE . AREA CODE 619 • 729-4987 January 31, 1984 Mr. Jean Claude Marengo 4850 Park Drive Carlsbad, California 92008 RE: TIO PEPE'S SPECIFIC PLAN AMENDMENT (J#8863A) Dear Mr. Marengo: On February 8, 1984 the City of Carlsbad Planning Commission will hear your request for a Specific Plan Amendment. It is my understanding that the City has completed a redesign of the parking lot and patio structure that satisifies their concerns for parking. Rick Engineering Company was not involved in this redesign and will not be representing you or Manny Reyes at the Planning Commission hearing or any subsequent hearings involving this redesign. I believe you or your wife are still listed as the applicant and owner on this application and you should be notified by the City of any upcoming public hearings. If I can be of any assistance to you in this matter, please call. Sincerely, John Brand JB:cg cc: Manny Reyes Ed Ruiz/City of Carlsbad, Planning Michael Holzmiller/City of Carlsbad, Planning DEVELOPMENTAL B**^^Jm 120° ELM AVENUE SERVICES 0 NflEr Q CARLSBAD, CALIFORNIA 92008-1989 LAND USE PLANNING OFFICE WHfcf^^J (619) 438-5591 Citr of Car Is tab November 7, 1983 Seta Boyadjian 3050 Pio Pico Drive Carlsbad, CA 92008, SUBJECT: NOTICE OF INCOMPLETE APPLICATION, CASE NO: SP 25 (B) We have reviewed your application and have determined that it is not complete. Before processing your application, we need the following information: Public Facilities Fee Agreement not complete If this information is received by November 30, 1983, this item will be placed on the December 14, 1983, Planning Commission Agenda. Edward V. Ruiz will be the project planner and Bob Wojcik will be the project engineer. If you have any questions, please call me at 438-5591. Sincejrely Edward V. Ruiz Land Use Planning Office EVR:ad 11/7/83 MEMORANDUM DATE: TO: FROM: SUBJECT: Proposal Engineering, Fire Department, Building, and Parks and Recreation Planning Department Request for Review and Comment on Application NO ^S 5- TfO Project Planner This item has been tentatively scheduled for the Planning Commission meeting of $2><Lc_ j igS" . Please_ review and submit written comments ard/or conditions to the Planning Department by r^K*' JUDV f I , ( 9^3 _ • If not received by that date, it will be assumed that you have no comment and that the proposal has your endorsement as sub- mitted. Thank you. Comment ) To To To 9 ATTACHMENTS Location Map Project map or plans (if any) Mil: jt x^ /^/^t^*^*J> MEMORANDUM DATE: TO: FROM: SUBJECT: Proposal ' ' .zr —~-x uo ifMuiEngineering, (Fire Department,Bu^lding, and\$arWJNNING and Recreation" Planning Department Request for Review and Comment on Application H& Project Planner This item has been tentatively scheduled for the Planning Commission meeting of 3H^<^d. {.-. u?[ fi^- Please ntsreview and submit written commehlis^ and/or conditions to the Planning Department byr^JE* NJDV fj, IC)^^ - If not received by that date, it will be assumed that you have no comment and that the proposal has your endorsement as sub- mitted. Thank you. Comment £<& ATTACHMENTS Location Map Project map or plans (if any) Mil: jt Building, and FROM : SUBJECT: Proposal <T« Project Planner Planning Department This^item has been tentatively scheduled for the Planning Commission meeting of JP^cm. [^-. \o\ 8^ . Please review and submit written cqmments and/or conditions to the Planning Department byr&*. joby C// /9S~3> • If not received by that date, It will be assumed that you have no comment and that the proposal has your endorsement as sub- mitted. Thank you. Comment Location Map . Project map or plans (if any) Mil: j t /« • 2.x;^-^^^ „ V 1 /) / • ' ll **~—^*^Zi^^<L^ . ,<^^ &S&0U' . 2^^r/<^^ ^2>^%_ 19 MEMORANDUM DATE: September 23, 1982 TO: Vincc Biondo, City Attorney FROM: Michael Ho.lsmil.ler, Land Uce Planning Manager V.^t SUBJECT: Information on Wayside Inn Property i^ Per your request, I am providing the following inf creation concerning par!; ing i'or the Wayside Inn property. 1. The Way-ide Inn Restaurant has 6,130 square feet of floor area v/hicn requires 83 parking spaces for a restaurant. 2. A field check indicated that there are 46 existing parking spaces in the lot immediately adjacent (south and east) to the restaurant. 3. The 93' x 70' parcel to the east of the restaurant, which I understand that Watson is proposing to subdivide, contains 18 parking spaces. 4. The 93' >c 70' parcel is part of a specific plan for the restaurant (SP-25(A)) and was rezoned to C-2 concurrent with being added to the specific plan and becoming a part of the restaurant property. At the same time, the restaurant was allowed to expand (870 square feet). 5. It appoars that it would require an amendment to SP-25(A) in order to subdivide all or a portion of the 93' x 70' parcel from the restaurant property. G. A field check indicated that there are 45 existing parking spaces on the Colonial Kail property. MJH:kb cc: Richard Allen NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 7:00 p.m. on Wednesday, February 8, 1984, to consider approval of an amendment to an existing specific plan to add an outdoor sitting area and delete some required parking area on property generally located on the east side of Pio Pico between Elm Avenue and Oak and more particularly described as: Parcel B, as shown at Page 3598 of Parcel Maps recorded on February 28, 1975. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. If you have any questions please call the Land Use Planning Office at 438-5591. CASE FILE: APPLICANT: PUBLISH: SP-25(B) Tio Pepe January 28,1984 CITY OF CARLSBAD PLANNING COMMISSION LOCATION MAP \ PROJECT SITE TIO PEPE SP-25CB) DEVELOPMENTAL ff , i, ^H 120° ELM AVENUE SERVICES m^&7 Q CARLSBAD, CALIFORNIA 92008-1989 LAND USE PLANNING OFFICE WHf/a*'W (619) 438-5591 Cttp of Cartebab DECLARATION east siae of Pio Pico between elru Avenue Oak. PROJECT DESCRIPTION: An auendment to an existing specific plan to ad an outdoor sitting area and delete settle re4uired parking area. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the tjuideiines for Iiiipleinentatiori of the California environmental Lwality Act and the environmental Protection Ordinance of the City of Carlsbaa. As a result of said review, a bie^ative Declaration (declaration that the project will not have a siyiiificant inipact on the envxronuient) is hereby issued for the suDject project. Justification for this action is on file in the Land Use Planniny Office. A copy of the Negative Declaration with supportive documents is on file in the Land Use Planning Of rice, City hall, 1200 Lira Avenue, Carlsbad, CA. 9200b. Comments from the public are invited. Please subfltit comments in writing to the Land Use Planniny Office withiii ten (10) days of date of issuance. DATED: November 9, 1983 MICHAEL hi NO: SP-25(b) Land Use Planning Manager APPLICANT: Tio Pepe PUBLISH uATL: Novettiber 23 , 1983 JMD-4 5/81 Carlsbad Journal Decreed a Legal Newspaper by the Superior Court of San Diego County 31 38 ROOSEVELT ST. • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345 Proof of Publication STATE OF CALIFORNIA, ss 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 principal clerk of the printer of the Cdflsbdd JoUHldl a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the City Council Cham- bers, 1200 Elm Avenue, Carlsbad, California, at 7:00 p.m. on Wednes- day, February 8, 1984, to consider approval of an amendment to an ex- isting specific plan to add an out- door sitting area and delete some required parking area on property generally located on the east side of Pio Pico between Elm Avenue and Oak and more particularly de- scribed as. Parcel B, as shown at Page 3598 of Parcel Maps recorded on February 28,1975. 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 Land Use Planning Office at 438-5591. Case File: SP-25 (B) Applicant: Tio Pepe CITY OF CARLSBAD PLANNING COMMISSION 28 19. LOCATION MAP PROJECT SITE TIO PEPE SP-25(B) 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.-e 2u U'l day of CJ S207. January 28, 1984 2M-4/82 Clerk of the Printer Carlsbad Journal Decreed a Legal Newspaper by the Superior Court of San Diego County 3138 ROOSEVELT ST. • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345 Proof of Publication STATE OF CALIFORNIA, ss 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 principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: NEGATIVE DECLARATION PROJECT ADDHESS/LOCA- TION. East side of Pio Pico be- tween Elm Avenue and Oak PROJECT DESCRIPTION: An amendment to an existing specific plan to add an outdoor sitting area and delete some required parking area. The City of Carlsbad has con- ducted an environmental review of the above described project pur- suant to the Guidelines for Imple- mentation of the California En- vironmental Quality Act and the Environmental Protection Ordi-nance of the City of Carlsbad. As aresult of said review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject proj- ect. Justification for this action is on file in the Land Use PlanningOffice. A copy of the Negative Declara- tion with supportive documents is on file in the Land Use Planning Office, City Hall, 1200 Elm Avenue.Carlsbad, CA. 92008. Comments from the public are invited Please submit comments in writing to the Land Use Planning Office within ten (10) days of date of issuance. Dated: November 9, 1983 Case No: SP-25(B)Applicant: Tio PepeMICHAEL J. HOLZMILLERLand Use Planning ManagerCJ W388: November 23, 1983 November 23 10 83 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 __the 23rd _ day of November 1983 _ 2M-4/82 Clerk of the Printer CITY OF CARLSBAD PLANNING DEPARTMENT ' STAFF REPORT March 11, 1975 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT' REPORT ON: ZONE CHANGE 152 SPECIFIC PLAN 25(A) - WAYSIDE INN APPLICANT: ROBERT L. WATSON, for Carlsbad Investment Corporation P. 0. Box 275 Carlsbad, California 92008 I. REQUEST: The applicant is requesting approval of: (1) A Zone Change from R-l-7500 to C-2 on a 6,507 sq. ft. piece of property; (2) An amendment to existing Specific Plan No. 25 to allow that piece of property being rezoned to become part of that specific plan (for additional parking purposes) and also to allow an 870 sq. ft. addition to the existing restaurant building; on property located at 3150 Pio Pico Drive, between Elm Avenue and Oak Avenue. II. RECOMMENDATIONS: A. Zone Change 152 - Staff recommends that ZC-152 as shown on the plot plan labeled Exhibit A, dated 1/31/75, be APPROVED based on the following justifications: (1) The zone change complies with the Carlsbad General Plan and Public Facilities Policy. (2) The zone change complies with all Municipal Code requirements. B. Specific Plan 25(A) - Staff recommends that SP-25(A) be APPROVED based on the following justifications: (1) The amendment is consistent with the adopted Specific Plan for the project. (2) The additional parking will help relieve crowded conditions for the existing parking. SUBMITTAL DATE: U__ ER 27, 1983 STAFF REPORT DATE: February 8, 1984 TO: Planning Commission FROM: Land Use Planning Office SUBJECT: SP-25(B) - TIP PEPE'S - Amendment to an existing specific plan to allow the addition of a 1740 square foot patio on property generally located on the east side of Pio Pico Drive, between Elm Avenue and Oak Avenue. I. RECOMMENDATION It is recommended that the Planning Commission APPROVE the Negative Declaration issued by the Land Use Planning Manager and ADOPT Resolution No. 2248 recommending APPROVAL of SP-25(B) based on the findings and subject to the conditions contained therein. II. PROJECT BACKGROUND AND REQUEST In May 1975, the City Council approved a zone change and specific plan amendment to add a 6507 square foot lot to an existing specific plan and to increase the existing restaurant by 850 square feet. In early 1982, the new owner of the restaurant (Tio Pepe's) increased the square footage of the building by constructing a 1740 square foot patio without applying for a specific plan amendment. An agreement between the new owner and the City allowed the restaurant to continue operations on the condition that the owner close off the second floor of the restaurant and apply for a specific plan amendment to try to increase the parking required by the addition of the patio, which is the purpose of this application. The applicant is requesting an amendment to an existing specific plan to allow the addition of a 1740 square foot patio. III. ANALYSIS Planning Issues 1} Will parking be adequate to accommodate the addition of the patio? 2) Will the proposed project have any effect on the surrounding land uses? Discussion Before construction of the patio, 68 parking spaces existed on the site. After construction of the patio, 8 parking spaces were deleted, thus reducing the amount of parking spaces available, with the addition of the patio, a total of 118 parking spaces would be needed on the site. Sixty parking spaces are currently available on the site; but with a reciprocal agreement made with the Colonial Mall, 45 extra spaces can be added at night. The 105 spaces available are not sufficient enough for the amount of spaces needed (118). The applicant, in the application, proposes to justify the addition of the patio by closing off a 650 square foot section of the existing dining room, thus reducing the amount of parking spaces needed to 105. Staff has some concerns with this proposal. With the potential increase in business, the possibility to open up the closed off section exists, thus creating a need for more parking spaces. This need could lead to customers parking at near by business or residential areas. Staff feels a portion of the patio could be kept open if the deleted parking spaces were redesigned into the existing parking lot. Staff has designed two alternatives which would require 95 parking spaces. The first (Exhibit "X") shows the restaurant with a 600 square foot patio. This proposal reduces the size of the patio and has better traffic circulation (one-way) around the restaurant but would only increase the amount of parking stalls available from 60 to 64. The second proposal (Exhibit "Y") also reduces the patio to 600 square feet. The circulation would be the same as exists, but would increase the amount of parking available from 60 to 73. Section 21.44.165 of the Municipal Code states the parking requirements using a common parking facility can be reduced by 15 percent. This being the case, the combined amount of parking spaces needed for the restaurant and Colonial Mall is 110. When subtracting the existing 45 spaces at the mall, a total of 65 spaces would be needed at the restaurant site. Proposal "X" (64 spaces) leaves the site one parking space short of the amount needed, while proposal "Y" (73 spaces) leaves the site eight spaces more than needed. Staff feels it could support both alternatives, but that proposal "Y" would be the better alternative by the fact that the extra eight parking spaces could alleviate future parking and traffic problems should the daytime business of the restaurant increase. Overall, staff feels that the appliant's proposal (Exhibit "A") could create parking and traffic problems and, therefore, recommends approval based on staff's alternative "Y" as discussed above. Attachments 1) Planning Commission Resolution No. 2248 2) Location Map 3) Background Data Sheet 4) Environmental Documents 5) Exhibit "A", dated December 14, 1983 6) Exhibits "X" and "Y", dated February 8, 1984 EVR:ad 1/25/84 -3- BACKGROUND DATA SHEET CASE NO: SP-25(B) APPLICANT: TIO PEPE'S REQUEST AND LOCATION: To allow the addition of a 1740 square foot patio. East side of Pio Pico Drive between Elm Ave. and Oak Ave. LEGAL DESCRIPTION: Parcel B, in the City of Carlsbad, County of San Diego, at page 3598 of Parcel Maps recorded February 28, 1975 APN: 156-180-44 Acres .8 Proposed No. of Lots/Units 0 GENERAL FLAN AND ZONING Land Use Designation RC/D Density Allowed N/A Density Proposed N/A Existing Zone C-2 Proposed Zone N/A Surrounding Zoning and Land Use: Zoning Land Use Site C-2 Restaurant North C-2 Colonial Mall South C-2 Office Bldg East R-1 SFD West C-1 Service Station PUBLIC FACILITIES School District Carlsbad Water Carlsbad Sewer Carlsbad EDU's Public Facilities Fee Agreement, dated October 24, 1985 ENVIRONMENTAL IMPACT ASSESSMENT X Negative Declaration, issued November 9, 1983 E.I.R. Certified, dated Other, R R R R R R R R R i R R R R R R R R SC SC R R R R R R R R SC SC SC 1 i I i EXHIBIT X 2-8-84 LEGEND SC-SMALL CAR 7h 'X15' R-REGULAR CAR Sb'XZO' H-HANDICAPPED 14'X20' P-PATIO 20'X30' TOTAL SMALL CAR-21 REGULAR CAR-42 HANDICAPPED-1 TOTAL NUMBER OF SPACES=6% /G LEGEND SC-SMALL CAR 7% 'XI 5' R-REGULAR CAR 8*5 'X20' H-HANDICAPPED 1VX20' P-PATIO 20'X30f TOTALS SMALL CAR-18 REGULAR CAR-54 HANDICAPPED-1 TOTAL NUMBER OF SPACES=73 EXHIBIT Y 2-8-84 n