HomeMy WebLinkAbout1984-03-06; City Council; 7661; SPECIFIC PLAN AMENDMENT TO REDESIGN A RESTAURANT PARKING AREA TIO PEPE'S (MANNY'S) RESTAURANT5
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CITWF CARLSBAD - AGENDWILL
AB# y6 6' TITLE: SPECIFIC PLAN AME"T TO REDESIGN A DEPT. H
CITY AT MTG. 3/6/34 RESTAURANT PARKING AREA.
DEPT. Pm CITY MC
RECOMMENDED ACTION:
SP-25(B) - TI0 PEPE'S (MANNY'S) FZSTAURANT.
The Planning Commission and the staff are recommending that the City @unci: introduce Ordinance No. 971 5 I amending Ordinance No. 9304, and Ordinam No. 9422 APPROVING a redesign of a restaurant parking area.
ITEM EXPLANATION
In 1982, the former Owner of "Ti0 Pepe's" increased the usable square foota
the restaurant by constructing a 1740 square foot patio without amending thc specific plan. Because the patio expansion increased the need for addition
parking the owner agreed to close off a prtion of the restaurant bile pur: with the City a method to resolve the parking problem. been purchased by another Owner.
The Planning Commission at their hearing of February 8, 1984 discussed threc alternatives to solve the parking problem created by the patio addition. TI first alternative was the former Owner's propsal which muld permit retent
of the patio by keeping 650 sq.ft. of interior restaurant space sealed off
the public. The number of parking spaces required by the ordinance were st short under this proposal. The other two alternatives proposed by staff
parking and a reduction in the patio area to 600 sq.ft. The Planning Cmi ultimately decided on a n-dification to Exhibit Y hich is attached as Exhi
to the ordinance.
area and no interior restaurant space muld be sealed off. Required parkin still short by 6 spaces, however, an inspection of the 32x38 foot patio are
showed that approximately 300 sq.ft, of the area (which requires 6 parking spaces) is presently used for decorative landscaping purposes including pla
and fountains. There is presently seating capacity for 42 persons in the 3
foot area, A condition of approval is being recommended by staff which mu
require that this 300 sq.ft. area of the remaining patio be left open (no
seating) and be used for decorative landscape purposes only and that the ma seating capacity be 42 persons. The Planning Commission felt that this corn
with the intent of the ordinance, was a viable solution as additional parki over what presently exists was gained and the applicant could maintain mst
his patio if he desires.
FISCAL IMPACT
There will be no direct fiscal impact on the City of Carlsbad from the appr of this plan, If the applicant does opt to keep the patio area he will hav pay additional sewer fees bsed on the number of tables that muld be locat the patio area.
ENVIRONMENTAL REVIEW
The Land Use Planning Manager has determined that this project will not cau
any significant environmental impacts and, therefore, has issued a Negative Declaration, dated November 9, 1983 which was approved by the Planning Commission on February 8, 1984. A copy of the environmental documents is o file in the Land Use Planning Office.
The restaurant has
(Exhibits X and Y) involve the redesign of the parking area to get addition
The dification included the retention of a 32x38 foot
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Page 2 of Aqenlia Bill No. 7 6 b /
EXHIBITS
1 . Ordinance No. 9 7 /.3
2. location Map 3. PC Resolution No. 2248
4. PC Staff Report w/attac'mnt Exhibits X & Y
YOCATION MAP
L
CT SITE
' ' SP-25(B)
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TI0 PEPE
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PLANNING COMMISSION RESOLUTION NO. 2248
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
31 I APPROVAL OF SPECIFIC PLAN 25(B), FOR THE
ADDITION OF A 600 SQUARE FOOT PATIO.
APPLICANT: TI0 PEPE'S *i
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CASE NO: SP-25 (B)
WHEREAS, a verified application for certain propert
wit:
Parcel B as shown at page 3598 of Parcel Maps recor
February 28, 1975,
has been filed with the City of Carlsbad, and referred to th
Planning Commission; and
WHEREAS, said verified application constitutes a re<
provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 8th daq
February, 1984, hold a duly noticed public hearing as prescr
law, to consider said request; and
WHEREAS, at said public hearing, upon hearing and cc
ins all testimony and arguments, if any, of all persons des]
i be heard, said Commission considered all factors relating tc
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I Specific Plan; and
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Cc
sion as follows:
(A) That the foregoing recitations are true and correct.
(B) That based on the evidence presented at the public hear Commission recommends APPROVAL of SP-25(B), based on thl
following findings and subject to the following conditic
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Findings:
1) The project is consistent with all City public facilit'
1 I a) All necessary public improvements have been provid
icies and ordinances since: I
will be required as conditions of approval. 1
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b) The applicant has agreed and is required by the inc of an appropriate condition to pay a public facilii fee. Performance of that contract and payment of 1
will enable this body to find that public facilitit
be available concurrent with need as required by tl general plan.
2) This project will not cause any significant environmeni impacts and a Negative Declaration has been issued by .
Use Planning Manager on November 9, 1983 and approved I
Planning Commission on February 8, 1984.
3) Parking is adequate to accommodate the addition of the
square foot patio.
addition. 4) Surrounding land uses will not be effected by the patic
Conditions :
1) Approval is granted for SP-25(B), as shown on Exhibit ' dated February 8, 1984, attached and incorporated herej
Development shall occur substantially as shown unless otherwise noted in these conditions. I
2) This project is approved upon the express condition thi building permits will not be issued for development of subject property unless the City Engineer determines tk sewer facilities are available at the time of applicatj
such sewer permits and will continue to be available ur time of occupancy.
This project is approved upon the express condition thi applicant shall pay a public facilities fee as requirec
City Council Policy No. 17, dated April 2, 1982, on fil the City Clerk and incorporated herein by reference, ar
according to the agreement executed by the applicant fc
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/i and approval for this project shall be void,
4) Approval of this request shall not excuse compliance wi sections of the Zoning Ordinance and all other applicak ordinances in effect at time of building permit issuanc
This approval shall become null and void if building p~ for the patio area are not issued for this project with year from the date of project approval.
Water shall be provided by the City of Carlsbad unless
other arrangement is approved by the City Council.
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PC RES0 NO. 2248 -2-
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7) All landscaped areas shall be maintained in a healthy a
thriving condition, free from weeds, trash, and debris,
8) Any signs proposed for this development shall be design
conformance with the City's Sign Ordinance and shall re
review and approval of the Land Use Planning Manager pr installation of such signs.
9) All existing colored columns or structures that hamper
circulation along driveways shall be removed to the
satisfaction of the Land Use Planning Manager.
Engineering Conditions:
10) The developer shall pay for 11/EDU'S for his sewer
requirements prior to final approval of Specific Plan Amendment 25(B).
Building Conditions:
11) Electrical and kitchen facilities shall be inspected an
brought up to City standards and meet the approval of t
Building and Planning Director.
PASSED, APPROVED AND ADOPTED at a regular meeting o
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IPlanning Commission of the City of Carlsbad, California, he1
the 8th day of February, 1984, by the following vote, to wit
AYES: Chairman Rombotis, Commissioners Rawlins, Schlehuber, Marcus, Lyttleton, Farrow and Smith. 1 NOES : None .
ABSENT: None. :l
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ABSTAIN: None. 'I
JERRY ROMBOTIS, Chairman
CARLSBAD PLANNING COMMISSIO
ATTEST:
MICHAEL J. HOLZMILLER 5 LAND USE PLANNING MANAGER
PC RES0 NO. 2248 -3-
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'I c STAFF REPORT
DATE ! February 8, 1984
TO: Planning Commission
FROM: Land Use Planning Office
SUBJECT: SP-25(B) - TI0 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 Pi0 Pic0 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.
I1 . 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 (Ti0 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.
111. ANALYSIS
Planning Issues
1) Will parking be adequate to accommodate the
2) Will the proposed project have any effect on the
addition of the patio?
surrounding land uses?
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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
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
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 circulatior 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 far the restaurant and Colonial Mall is 110. Wher 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 I therefore, recommends approval based on staff's alternative "Y" as discussed above.
available, With the addition of the patio, a total of 118
lot, Staff has designed two alternatives which would require 95
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Attachments
1) Planning Commission Resolution No. 2248
2) Location Map
3) Background Data Sheet 4) Environmental Documents
5) Exhibit "Anf dated December 14, 1983
6) Exhibits "X" and nYn, dated February 8f 1984
EVR: ad
1/25/84
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BACKGROUND MTA SHEET
CASE Nl: SP-25(B)
APPLICANT: TI0 PEPE'S
REQUEsT B4D LOCN'ICN: To allow the addition of a 1740 quare foot patio.
East side of Pi0 Pia Drive between Elm Ave. and Oak Ave.
LElIsAc DESCRIPTION: Parcel B, in the City of Carlsbad, County of San Diego, at
page 3598 of Parcel Maps recorded February 28, 1975 W: 156-180-44
Acres .8 proposed No. of Lots/Units 0
GmEmL PLAN AND ZONING
Land Use Designation X/O
Density Allowed N/A Density Proposed N/A
Existing Zone C-2 hroposed Zone N/A
Surrounding Zoning and Land Use:
Zoning Land Use
Site C-2 Res taurant
North C-2 Colonial Mall
south c-2 Office Bldg
East R-1 Sl?D
West C-1 Service Station
PUBLIC FACILITIES
School District Carlsbad Water Carlsbad Sewer Carlsbad W's
Public Facilities Fee Agreenent, dated
ENVIFXNMEMW IMPACT ASSESSMEN"
October 24, 1983
X Negative Declaration, issued Nov&r 9, 1983 -
E.I.R. Certified, dated -
Other,
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ORDINANCE NO. 9713
- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING ORDINANCES 9304 AND
9422, APPROVING SPECIFIC PLAN AMENDMENT SP-25(B)
FOR A REDESIGN OF A RESTAURANT LOCATED AT 3050
PI0 PIC0 DRIVE.
APPLICANT: TI0 PEPE'S
CASE NO.: SP-25(B)
WHEREAS, the City Council of the City of Carlsbad,
California, has reviewed and considered a specific plan amenc
for a redesign of a restaurant 'parking area located at 3050 I
Pic0 Drive; and
WHEREAS, after procedures in accordance with the
requirements of law the City Council has determined that the
interest indicates that said amended plan be approved.
NOW, THEREFORE, the City Council of the City of Carl
does ordain as follows:
SECTION 1: That specific plan (SP-25(B)) shown as 1
Af dated February 8f 1984f attached hereto, and made a part I
is hereby approved subject to the additional conditions conti
/on Exhibit B, dated February 8, 1984, also attached hereto, t
make a part hereof.
EFFECTIVE DATE: This ordinance shall be effective .
days after its adoption, and the City Clerk shall certify to
adoption of this ordinance and cause it to be published at 1(
once in the Carlsbad Journal within fifteen days after its
adoption.
INTRODUCED AND FIRST READ at a regular meeting of t
Carlsbad City Council held on the 6th day of March
1984 by the following vote to wit:
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PASSED AND ADOPTED at a regular meeting of said Citj
Council held on the 5th day of November , 1985
following vote,, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pe
NOES: None
ABSENT : None
A&/ e&&
MARY H., ASLER, Mayor
ATTEST:
d&, c/ R*&&x- ALETHA L. RAUTENKRANZ, City Cljrk
(SEAL)
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i EXHIBIT "B"
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SP-25 (B) FEBRUARY 8, 1984
SP-25 is amended to include the following conditions and parking lot redesign attached as Exhibit "A" to SP-25.
General Conditions:
1) Approval is granted for SP-25(B), as shown on Exhibit "A",
dated February 8, 1984, attached and incorporated herein. Development shall occur substantially as shown unless otherwise noted in these conditions.
2) This project is approved upon the express condition that building permits will not be issued for development of the
subject property unless the City Engineer determines that
sewer facilities are available at the time of application foi such sewer permits and will continue to be available until time of occupancy.
3) This project is approved upon the express condition that the
applicant shall pay a public facilities fee as required by City Council Policy No. 17, dated April 2, 1982, on file wit1
the City Clerk and incorporated herein by reference, and
according to the agreement executed by the applicant for
payment of said fee, a copy of that agreement, dated October
24, 1983, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised,
this application will not be consistent with the General Plai
and approval for this project shall be void,
4) Approval of this request shall not excuse compliance with a1 sections of the Zoning Ordinance and all other applicable Ci ordinances in effect at time of building permit issuance.
5) Approval of the patio shall become null and void if building permits for the patio area are not issued for this project within one year from the date of project approval.
6) Water shall be provided by the City of Carlsbad unless some other arrangement is approved by the City Council.
7) All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris.
8) Any signs proposed for this development shall be designed in
conformance with the City's Sign Ordinance and shall require
review and approval of the Land Use Planning Manager prior t
installation of such signs.
Engineering Conditions:
9) The developer shall pay for the required fees for any additional sewer edu's necessitated by the approved patio
expansion.
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Building Conditions :
10) Electrical and kitchen facilities shall be inspected and be
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brought up to City standards and meet the approval of the
Director of Building and Planning.
Land Use Planning Conditions:
11) 300 sq.ft. of the patio area shall be kept open (no seating) and used for decorative landscape purposes. The maximum
seating on the patio area shall be 42 persons.
LOCATION MAP
I PROJECT SITE
I SP-25(B)
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TI6 PEPE
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Carlsbad Journal
Decreed a Legal Newspaper by the Superior Court of Sun Diego County
31 38 ROOSEVELT ST. 0 P.0 BOX 248 0 CARLSBAD, CA 92008 0 729-2345
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 matt
I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circula
published twice weekly in the City of Carlsbad, County of Sun Diego, State of California, and u
newspaper is published for the dissemination of local news and intelligence of a general character,
which newspaper at all times herein mentioned had and still has a bona fide subscription list of pa
subscribers, and which newspaper has been established and published at regular intervals in the
City of Carlsbad, County of Sun Diego, State of California, for a period exceeding one
next preceding the date of publication of
notice hereinafter referred to; and that the nc
of which the annexed is a printed copy, has I:
published in each regular and entire issue of
newspaper and not in any supplement therec
the following dates, to-wit: an amendment to an existing SPe- ,.ifiC plan to add an outdoor sitting area and delete some required parking area on property generally located on the east side of PI0 Pic0 between Elm Avenue and Oak and more particularly described as: Parcel B, as shown at Page 3598 Of Parcel Maps recorded on February
Applicant: Tio Pew
I CARLSBAD CITY COUNCIL
NOTICE OF PUBLIC HEARING SP-WB)
NOTICE IS HEREBY GIVEN that the City Council of the City of CarlS- bad will hold a public hearing at the City Council Chambers, 1200
at &MI P.M., on Tuesday, March 6, 1984, to consider an application for
......... .Feb.ruary. .?2. ......... 19
Elm Avenue, Carlsbad, California, 28. 1915. ................................. 19
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I certify under penalty of perjury that the foregoing i! and correct. Executed at Carlsbad, County of San I State of California on de 22nd February 1984
Clerk of the P
, CT W251: February 22,1984
*- NCrrICE OF PUBLIC HEARING
NOTICE IS IlEREBY GIVEN that the Planning Canmission of the City of Carlsbad wil
hold a public hearing at the City Council Chamkrs, 1200 Elm Avenue, Carlsbad, California, at 7:OO p.m. on Wednesday, February 8, 1984, t6 consider approval o an amendment to an existing specific plan b add an outdoor sitting area an3
delete some required parking area on property generally located on the east sid of Pi0 Pic0 between Elm Avenue and Oak and mre 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 atten3
the public hearing. If you have any questions please call the Land Use Plannirr
Office at 438-5591.
CASE FILE: SP-25 (B)
APPLICANT: Tio Pep
PUBLISH : January 28, 1984
CITY OF CARLSBAD PLANNING cx)MMISSION
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-,i C3L.I W w YKUPERTY OWNER'S &
OCCUPANTS LIST
AsSeSSOr'S No. Property Owner Occupant
City of Carlsbad
1200 Elm Avenue Carlsbad, CA. 92008 1. 156-180-32
2. 156-180-34 City of Carlsbad
3. 156-180-34 City of Carlsbad
4. 156-190-41 City of Carlsbad
5. 156-180-21 Opal W. Law Occupant P.O. Box 306 1265 Elm Ave. Carlsbad, CA. 92008 Carlsbad, CA. 5
6. 156-180-20 David & Ruby Minnich Occupant Eugene & Dixie Yocum 1241 Elm Ave. 2971 Carlsbad Blvd. Carlsbad, CA. 5 Carlsbad, CA. 92008
7. 156-180-45 Colonial Mall LTD. Occupant 3150 Pi0 Pic0 Dr. 1207 Elm Ave. Carlsbad, CA. 92008 Carlsbad, CA. 9
8. 156-180-28 C.J. Heltibridle Ralph & Marjorie Shick P.O. Box 599
Oceanside, CA. 92054
9. 156-180-26 Ral h & Margorie Shick Occupant 5705 Soledad Rd.
La ,inll;r. PA- o3n27 ~=~ichad rn
1145 Elm Ave. a
Occupant W Property Owner ' Assessor's NO.
10. 156-180-30 C.J. Heltibridle P.0, BOX 599 Oceanside, CA. 92054
11. 156-180-15 Ralph & Marjorie Shick 5702 Soledad Rd. La Jolla, CA. 92037
12. 156-180-41 City of Carlsbad
13. 156-180-42 5620 Group Occupant 5620 Friars Rd.
San Diego, CA. 92110 Suite 202
3088 Pi0 Pic0
Carlsbad, CA. 9:
14. 156-180-43 Michael L, Freiburger Occupant 4021 Layang Layang,
Unit C Carlsbad, CA. 9; Carlsbad, CA. 92008
1158 Oak Ave,
15. 156-180-09 Treno & Shirley Munoz 1168 Oak Ave. Carlsbad, CA. 92008
16. 156-180-36 Albert J. Freiburger 1337 Magnolia Ave.
Carlsbad, CA. 92008
17. 156-180-35 Albert J. Freiburger Occupant 1337 Magnolia Ave.
Carlsbad, CA. 92008 Carlsbad, CA. 92
1212 Oak Avenue
18. 156-190-59 Louis & Rosemary Kelem Occupant 2012 Avenue of the Trees
Carlsbad, CA. 92008 Carlsbad, CA. 92
1258 Oak Avenue
19 * 205-020-05 Mary H. Ledesma 1215 Oak Avenue
Carlshad- rn Q3nnQ
.* Assessor's No. w Property Owner m Occupant
', .
20. 205-020-03 Alan & Julie Miescke 1199 Oak Ave.
Carlsbad, CA. 92008
21. 205-020-01 Wm. & Wendy Mazzarella 1173 Oak Ave. Carlsbad, CA. 92008
22. 205-020-26 Emil H. O'Bryant 1155 Oak Ave. Carlsbad, CA. 92008
23. 205-020-27 Wm. C. Schneider Occupant 3448 Camden Circle 1139 Oak Avenue Carlsbad, CA. 92008 Carlsbad, CA. 9<
24. 205-020-28 Akira b Toshiko Muroya Occupant 6992 El Camino Real
Suite 104-251 Carlsbad, CA. 9: Carlsbad, CA. 92008
1103 Oak Avenue
25. 205-020-29 Akira & Toshiko Muraya Occupant 221 Princehouse Lane 1095 Oak Ave. Enchitas, CA, 9 2024 Carlsbad, CA. 9:
26 e 205-020-30 Carlsbad Building Ass. Occupant P.0, Box 953 1150 Pine Ave.
Enchitas, CA, 92024 Carlsbad, CA. 9;
27. 205-020-32 James & Ida Scanlon Occupant 7306 Borla Place 1190 Pine Ave,
Carlsbad, CA. 92008 Carlsbad, CA. 9;
28. 205-020-33 Richard & Florence Neville Occupant 292 Picnic Way View Lane 1198 Pine Ave. Oceanside, CA. 92054 Carlsbad, CA. 9:
29 205-020-02 Randall G. Twombly 1264 Pine Ave.
PaY1ch-A pn nqnno
~*-&uAwm I, a FILtr'i',2*2E 30.-
803 RECGRDEO REQUEsT 0; BOOK 19'14 wL'l' I".
a/ .* KC I UKN ttLLur\uKu
CiTy of Carlsbad 1200 Elm Avenue Carlc,bad, California 92008 '
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1- bdd!iL- CITY CLL HfiT lj ID 20 ffiH 5
, - I uFF!CiAL hCCORDS .AGFCEEMENT FOR JOINT PARKING FACILITIES $;,!I Q~EGQ COUHT-~,C~,L AND GRANT OF RECIPROCAL PARKING EASEMENTS H,!,F(L€Y F,BLOGH
RECOi(DER
THIS AGREEMEXT is made this 9 day of My I
1974, between CARLSBAD ILJVESTPENT CORPORATION (hereinafter
referred to as Party A) and COLONIAL MALL, LTD,! a Limited
Partnership, (hereinafter referred to as Party B), both of
Carlsbad, California.
RE C I T A L S:
"HEREAS, the parties own adjoining parcels of real
estate in the City of Carlsbad, County of San Diego, State
of California, described as follows:
1. Parcel A is owned by Party A and is described in
Exhibit "A" attached hereto.
2. Parcel B is owned by Party B and is described in
Exhibit "B" attached hereto.
WHEREAS, Party A has constructed a restaurant on Parcel
A known as The Wayside Inn, The principals of Party A
are also the principals of Party B and desire to develop
Parcel B for a Colonial Mall shopping and professional comple
and -- WHEREAS, there is insufficient parking on Parcel B
to accomiodate the proposed development; and
WHEREAS, Section 21.44.160 of the Carlsbad Municipal
Code provides for the joint use of parking facilities in
Assessor's Parcel iios. 756--180-39
- 15€-120-23 and 156-180-38
0
f 804 e I .. I,
.d
.I
certain circumstances.
tion on Parcel A has been determined to be primarily a
nighttime use.
In this case, the restaurant opera-
Therefore, under the terms of the ordinance
a portion of the parking spaces on Parcel A may be made
available to satisfy the parking requirement on Parcel B,
which has been classified primarily as a daytime use: and
WHEREAS, Party A and Party B have asked that the
City of Carlsbad approve said joint use of parking facilities
in order to facilitate the planned development, it is a condi-
tion of such approval that’the parties exchange mutual
agreements and covenants and easements to insure that the
parking spaces will be available in the future;
NOW, THEREFORE, the parties agree as follows:
1. Party A hereby grants to Party B an easement
in favor of Parcel B over Parcel A as follows: The ease-
ment is nonexclusive and the owner of Parcel B shall have
the right to utilize up to a maximum of 50 parking spaces
located on Parcel A, including any necessary rights of
access.
2. Party B hereby grants to Party A an easement
in favor of Parcel A over Parcel B as follows: The ease-
ment is nmexclusive and the owner of Parcel A shall have
the right to utilize up to a maximum of 50 parking spaces
located on Parcel B, including any necessary rights of
access.
2.
.
.. : 805 I :. 0
3. These mutual easements are superior and para-
mount to the rights of any of the parties hereto in the
respective servient estates so created, and the parties
further agree that these covenants shall run with both par-
cels of land described herein and may not be removed or
modified without the consent of the City of Carlsbad,
4. In order to insure that the mutual exchange
of easements is meaningful and insures adequate parking to
meet the ordinance requirements of the City of Carlsbad is
available to both parcels at all times, the parties further
agree as follows:
(a) Party A will at all times in the future keep
in good repair all driveway and parking facilities located
upon Parcel A, including any capital improvements made with
. respect thereto. All such repairs and improvements shall
be made at'the expense of Party A.
(b) Party B will at all times in the future keep
in good repair all driveway and parking facilities located
upon Parcel B, including any capital improvements made with
respect thereto.
be made at the expense of Party B.
All such repairs and improvements shall
- 3c) These mutual covenants are superior and para-
mount to the rights of any of the parties in the respective
servient estates so created, and the parties further agree
that these covenants shall run with both parcels of land
described herein. The City of Carlsbad retains the right
3.
0 6 806 0
to seek enforcement of thFse covenants.
IN WITNESS WHEREOF, the parties hereto have executed.
this agreement at Carlsbad, California, the day and year
first above written.
Acknowledgments
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO)
1 ss.
On May 8, 1974, before me, the undersigned, a Notary
Public in and for said State, personally appeared Robert L.
Watson, known to me to be the President of the corporation that executed the within instrument, known to me to be the
person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such
bylaws or a resolution of its board of directors.
2 corporation executed the within instrument pursuant to its
d and official seal.
hX/&P/ A +72L
NOTARY PUBLIC
S.
COUNTY OF SAN DIEGO)
On May 8, 1974, before me, the undersigned, a Notary
Public in and for said State, personally appeared Robert L. Watson known to me to be the General Partner of the Limited
Partnership that executed the within instrument and acknowl-
edged to me that such partnership executed the same.
*WITNESS my hand and official seal.
QLcdC-C7 L- Led-cd
NO9ARY PUBLIC Naa.'' ' :'.""C-CALlFCRNlA
F:;. *C:?: L OXCE iN 4.
- 0 8W 0
> ..
-.
EXHIBIT "A" w
Parcel "A" of Parcel Map No. 1007, in the City of Carlsbad,
County of San Diego, State of'california, according to Map
recorded in the office of the County Recorder September 25,
1972 as File No. 256552, being a portion of Tract I15 of
Carlsbad according to Amended Nap of the'Town of Carlsbad,
Map No. 775, filed in the office of the County Recorder of
San Diego County, February 15, 1894.
I
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, . 1.
3 808 *
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't
I
- L COLONAI; MALL, LTD.
1 EXHIBIT ?I B'?- (J$
That portion of Lots 17 to 24 inclusive in Block 86 of th Town of Carlsbad, in the County of San Diego, State of California, accordicg to Flap thereof ~a 535, filed in the .. office of the County Recorder of San Diego County, May 2',
1888; TOGETHER WIT'S a portion of Trzct 115 of the Town of
Carlsbad, in the County of San Diego, State of Californiz
zccording to Ma;? thereof No.775, filed in the office of t County Recorder of San Diego County, February 15, 1894,
described as follows :
Beginning at point on the Southeasterly line of Elm Avent distant thereon Xorth 55'27' 00" East, 1081.98 feet from
the most Nesterly comer of Tract No. 115 as shown on Xay thereof Eo. 1661 of Carlsbad Lands, filed in the office c the County Recorder of San Diego County, March 1, 1915,-s point being the most Xor'cherly corner of land described j deed to George Prudhomne, et ux, in deed recorded in 13001 2011, Page 005 of Official iiecords; thence along the Sou:
easterly line of said Prudhornme's land North 55O27'CO" E:
162.30 feet to a point distant thereon South 55O27'00" If6 79.00 feet from the most Westerly corner of land describc
in deed to George E. Leach, recorCied December 21, 1927 ir 'Book 2395, Page 240 of Deeds; thence South 34'33'00" Eas: 200.00 feet to the Southeasterly line of said Lot 24; thc
along the Southeasterly line of said Lot 24 and the Sout] we&arly prolongation thereof, south 55°27'00" West, 162 feet; thence htorth 34O33'00" West, 200.10 feet to the Po
of Beginning.
EXCEPTING therefrom that portion described as follows:
Beginning at a point on the Southeasterly line of Elm Av me, distant thereon North 55O27 tOO" East, 1141; 98 feet
from the ndst Westerly corner of Tract 115, as shown on thereof-Na, 1661 of Carlsbad Lands, filed in the office
' the County Recorder of San Diego County, March 1, 1915; thence North 55°27'0018 East along said Southeasterly lin 102.30 feet; thence South 34*33'00" East, 2.00 feet: the South 55°27100" West, 102.30 feet; thence North 34O33'00
West, 2.00. feet to the Point of Beginning. .
ALSO EXCEPTING therefrom those portions described in dee to the State of California, recorded March 12, 1968 as
File NO. 41121 and December 10, 1968 as FiLe NO. 235586.
.
..
Affidavit of Publication
1 ss. STATE OF CALIFORNIA County of San Diego
............................................... ................................................................ “ 7 says that she is the Principa
of The Carlsbud Journd, a weekly newspaper of general circulation, printed end published
City of Carlsbad, County of San Diego, and State of California, and that the notice of whi
annexed is a true copy, was published times in said newspaper, commencing on the
clr7 ........._.................I A.D. 19 .,LL.~ namely OR the following dates:
Pub: May 25, 1977
The City Council of the City of Carlsbad, Cal- __ _-- --I_
a Specific Plan for the herein-
PERTY DESCRIPTION All that of the Town of Carlsbad, in the , State- of California, according
Map No. 775, filed in the Office of the County Re- corder of San Diego County, February 15, 1894,
more particularly described in application on file
SECTION 2. GENERAL CONDITIONS. The Specific marked eExhibit “A”, attached hereto, en- “Restaurant & Cocktail Lounge for Carlsbad
-_ Investment Co,’,’, is subject to the following con- ditions and restyictions: .............................................. .....................__.......................-..
The development of the property described
ction 1 hereof shall he sublect to the restric-
and limitations set forth herein which are in addition to all of the requirements, limitations and
in force, or which here-
the purpose of preserving .............
ics of adjacent properties. ments shall be made in
ision Ordinance and other isfaction of the City En-
......... ......... ....._...._...._...._...._..__..
...._......................_.... .-.. ..........................................................
................................... ........................................... .........._ ..
in the Office of the City Clerk. .”......I...._....... ...................... ,.,..“”.. ....... “.(..n ....” ..............._.
.............. - ................................................ ..............._....- ....-.
.............. - .... ” ........................................................... ........._.
restrictions of all municipal ordinances and State ......................... I ........ ..............-... . ......-...._...._...._.........._..
............................................................................
................................................. .- ................ -. ......... _. .............
City of Carlsbad. and free
11 land and/or easements required by this
e shall be granted to the City of Carlsbad
without cost to the City and free of all liens and
............................................................ .......................... ____._ encumbrances. .............................................................................. ._. ....... ._ ..
Signed at Carlsbad, California +his .... 2:
3. PRIVATE DEVELOPMENT CONDI- ................. ............_.... ............. a1 he following conditions shall apply with
any development after the effective date I hereby deciare under penalty of F
thp fore2ri
............................. //LL c?A: ’C- 8
u.._y _". ...-L-...V..-..V ~, __-_ O~iaii~i~ iii- dividual responsibilities for same shall also be sub- for approval to the Parks and Recreatlon
m a Affidavit of Publication
1 ss. STATE OF CALIFORNIA
County of San Diego
Dorothg de Courcv ............................................................... .. .......................................................... says +ha+ she is +he Principal
of The Carlsbad Journal, a weekly newspaper of general circulation, printed and published i
City of Carlsbad, County of San Diego, and State of California, and that fhe nofice of whit
day of L -ay ........................ A.D. I9 annexed is a true copy, was published .....--.... 1 times in said newspaper, commencing on +he
P .............................................. ... 12, namely on the following dates:
ORDINANCE NO. 9305
AN ORDINANCE OF THE CITY OF CARLSBAD A- MENDING ORDINANCE NO. 9060 BY GRANTING A CHANGE OF ZONE FROM R-3 TO C-2 (General Com- mercial) ZONE ON PRO- PERTY LOCATEDBETWEEN ELM AVENUE, ‘EASTERLY
~ (Carlsbad Intestment CO.)
OF PI0 PIC0 DRIVE.
L.Z.y 25, 1972 -.--..--. ...................................................................... _._.^ The City Council of t4eCYy
of Calsbad, California, DOES ORDAIN, mat Carlsbad Zen- ing Ordinance N~. 9060, is amended to read as follows: SECTION 1. That the fol-
pefiy is granted a change of
ject to the provisions conjain-
& in Ordinance NO 9305, and that the zoning map referred AYES: Cmn. Dunne, Mc ........................................ _______ ................ _______________.___-
to in Section 21.06.030 of said Comas, Lewis, chase and
amended, be changed accord-
All that portion of Tract 115 of the Town of Carls- bad, in the County of San Diego, State of Cali- ...
fornia, according to ‘a- mended map of the Town (SEAL) .
of Carlsbad, being #,Map
No. 775, filed in the of- fice of the County Recor- der of San Diego County, February 15, 1894, more particularly described in
application on file in the
Office of the City Clerk. SECTION 2. EFFECTIVE DATE, This Ordinance shall
after its adoption and the City Clerk shall certiby to the a- doption of this Ordinance and cause it to be published at least once in the Carlsbad Journal fifteen (15) days after
INTRODUCED AND FIRST
READ at a regular meeting of the City Council of the City of Calsbad, California, held
PROVED, AND ADOPTED at a
of May, 1g72, by the follow- ..................... - ......................... .-...
ing vote, to wit‘
.............................. ......................-....- ....--- ........ .. ....-...._..
--.----.__.. on the 2nd day of May, 1972, ......................................... .................................
lowing described real pro-
zone from R-3 to C-2 (Gen- era1 commercial) Zone sub-
and theeafter PASSED? AP-
r%dar meeting Of the City c0unci1 he1d On the 16th day
....-....-....-..... ..................... - -. ......-._....-...._.............._..
....................................
Ordinance NO. 9060, as Frazee. .. ......................... ....... ....................................... ... .........._...
Carlsbad, California ...... ......................................._....-...._.......__.............. ..........
NoES: None. i ABSENT: None. DAVID M. DUNNE, ...................................................... ...._._.._-.__..____. Fgly:
Mayor of the City of
ATTEST:
City Clerk
Pub May 25, 1972. ............... .....
MARGARET‘E. ADAMS, ..........................................-..........-....-..........-..........-..
I........... ...-.... ..............................................
.................................-..........-...... ..._.. ...............................
Signed at Carlsbad, California this ....., ?
day of ..........._...... X ................................................. i
I hereby declare under penalty of p
and correct.
i’&V
e foregoing is tr D ~...........% .L .4.< .... Jd7P ;T.. ........ ...&d’L4-- ....... 2. ....................
be effective thirty (30) days
legal D, Pkipal CI