HomeMy WebLinkAbout1991-08-06; City Council; 11284; Car Country Plaza Deli\B # m
ilTG. 8/6/91
IEPT. PLN
CITY ’ F CARLSBAD - AGENDA -3lLL
TITLE: SPECIFIC PLAN AND SITE DEVELOPMENT PLAN DEPT.HD. h&j+ 3lJENDMENT TO ALLOW A DELICATESSEN WITHIN AN Y
EXISTING AUTO SERVICE CENTER IN CAR COUNTRY CITY ATTY k$
CARLSBAD. SP-19 (E)/SDP 88-3(A) - CITY CO~T~T MGRi
lECOMMENDED ACTION:
If the City Council concurs, the Planning Commission and staff are recommending that the City Council direct the City's Attorney to prepare documents APPROVING SDP 88-3(A), and INTRODUCE Ordinance No..ns- lbd , APPROVING SP-19(E)
ITEM EXPLANATION
On May 15, 1991, the Planning Commission approved, without modification, the amendment to the Car Country Expansion Specific Plan to allow a delicatessen in the auto service area, known as Car Country Plaza, located on the southwest corner of Cannon Road and Car Country Drive. The existing specific plan (SP-19(C)) allows a variety of auto-related services and retail activities in Car Country Plaza.
An issue discussed by the Planning Commission was the adequacy of parking for the proposed delicatessen. The parking for Car Country Plaza was determined using the standards found in Chapter 21.44 of the Carlsbad Municipal Code, which resulted in an overall parking requirement of 1 space per 200 square feet of gross floor area. This parking requirement, as with the parking required for shopping centers, balances both retail uses and food service uses. Based upon this parking balance staff and the Planning Commission agreed that the parking supply still met the requirements of the Carlsbad Municipal Code and that no adverse impacts to parking supply would result.
The Planning Director determined that the proposed amendment is in Prior Environmental Compliance with the Negative Declarations issued for Specific Plan 19(C) and Site Development Plan 88-3 and no further environmental review was required.
FISCAL IMPACT
The proposal is conditioned to conform to the requirements of the Local Facilities Management Plan for Zone 3. Therefore, there will be no fiscal impacts to the City as a result of this project.
PAGE 2 OF AGENDA BILL NO. I$k%~
GROWTH MANAGEMENT STATUS
Facilities Zone 3
Local Facilities Management Plan 3
Growth Control Point WA
Net Density WA
Special Facility Fees WA
EXHIBITS
1. Ordinance No. uls- lbd
2. Location Map 3. Planning Commission Resolution Nos. 3220, and 3221 4. Planning Commission Staff Report, dated May 15, 1991 5. Excerpts of Planning Commission Minutes, dated May 15, 1991
ORDINANCE NO. NS-166
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING SPECIFIC PLAN AMENDMENT SP 19(E) FOR THE CAR COUNTRY EXPANSION GENERALLY LOCATED EAST OF THE EXISTING CAR COUNTRY. CASE NAME: CAR COUNTRY PLAZA DELI CASE NO.: SP 19(E)
WHEREAS, the City Council of the City of Carlsbad,
California has reviewed and considered a Specific Plan Amendment
for future development of the site; and
WHEREAS, after procedures in accordance with the
requirements of law, the City Council has determined that the
public interest indicates that said plan be approved.
NOW, THEREFORE, the City Council of the City of Carlsbad
does ordain as follows:
SECTION I: That the Car Country Expansion Specific Plan
Amendment, SP 19(E), as revised dated May 15, 1991, on file with
the Planning Director and incorporated by reference herein, is
approved. The Specific Plan Amendment shall constitute the zoning
for this property and all development of the property shall
conform to the plan.
SECTION II: That the findings and conditions ,of the
Planning Commission as set forth in Planning Commission Resolution
Nos. 3220 and 3221 shall also constitute the findings and
conditions of the City Council.
EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption, and the City Clerk shall certify
to the adoption of this ordinance and cause it to be published at
least once in the Carlsbad Journal within fifteen days after its
adoption.
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INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the day of I
1991, and thereafter
PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad on the day of
I 1991, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY
VINCENT F. BIONDO, JR., City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
-2-
AUTO CENT
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City of kbal
CAR COUNTRY PLAZA DELI SDP 88-3(A)
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PLANNING COMMISSION RESOLUTION NO. 3220
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN
AMENDMENT TO SPECIFIC PLAN NO. SP 19(C) ON PROPERTY
GENERALLY LOCATED IN THE CAR COUNTRY EXPANSION SOUTH OF CANNON ROAD, EAST OF PASEO DEL NORTE. ’
CASE NAME: CAR COUNTRY PLAZA DELI
CASE NO: SP 19(E)
WHEREAS, a verified application has been filed with the City of Carlsbad and
referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided by Title 21 of
the Carlsbad Municipal Code; and . k .
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on the 15th day of May, 1991, consider said request on property
described as:
Lots 2 and 3 of CT 87-3.
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all
factors relating to SP 19(E).
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the
City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
8) That based on the evidence presented at the public hearing, the Commission
Recommends APPROVAL of SP 19(E) according to Exhibit “Xc’, attached hereto,
based on the following findings and subject to the following conditions:
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The proposed amendment allowing a 1,080 sq. ft. delicatessen is consistent with and
meets all requirements of the General Plan, Zoning Ordinance, the Local Facilities
Management Plan for Zone 3 and Local Coastal Plan Mello II Segment. The site is
designated as Extensive Regional Retail (RRE) on the +eral Plan Land Use Map
and is zoned General Commercial (C-2). Delicatessens are permitted as a matter of
right in the C-2 Zone. Since the Zoning Ordinance implements the General Plan
which is consistent with the Local Coastal Program, and since delicatessens are
permitted by the Zoning Ordinance they are compatible with both the General Plan
and Local Coastal Program. Parking has been provided at an acceptable ratio for
this use in the Car Country Plaza. The use has been conditioned to comply with any
requirements approved as part of the Lxal Facilities Management Plan for Zone 3.
The findings of Ordinance 9842 and Planning Co mmission Resolution No. 2692 are
incorporated herein .by reference.
The Planning Commission has, by inclusion of an appropriate condition to this
amendment, ensured building permits will not be issued for the project unless the
City Engineer determines that sewer service is available, and building cannot occur
within the project unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the Public Facilities Element of the
General Plan have been met insofar as they apply to sewer service for this project.
All necessary public improvements have been provided or will be required as
conditions of approval.
The applicant has agreed and is required by the inclusion of an appropriate
condition to pay a public facilities fee. Performance of that contract and payment
of the fee will enable this body to find that public facilities will be available
concurrent with need as required by the General Plan.
The proposed use is compatible with the surrounding future land uses since it is within an area designated for commercial development on the General Plan.
This use will not cause any additional significant environmental impacts and the
Planning Director has determined that the environmental efkcts of the use have
already been considered in conjunction with previously certified environmental
documents in&l.ing (SP 19(C): Negative Declaration, dated September 11,1987,
Plamling co mm&ion Resolution No. 2692; and SDP 88-3 Negative Declaration
dated August 5,1988, Planning Commission Resolution 2775.
PC RESO NO. 3220 -2-
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8. The site is physically suitable for the proposed delicatessen use since it is adequate
in size and shape and su@icient parking is available.
Conditions:
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This amendment 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 for such
sewer permits and will continue to be available until time of occupancy.
This amendment is also approved under the express condition that the applicant pay
the public facilities fee adopted by the City Council on July 28, 1987 and as
amended from time to time, and any development fees established by the City
Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other
ordinance adopted to implement a growth management system or facilities and
improvement plan and to fulf?ll the subdivider’s agreement to pay the public
facilities fee dated January 10, 1991, a copy of which is on file with the City Clerk
and is incorporated by this reference. If the fees are not paid this application will
not be consistent with the General Plan and approval for this project will be void.
This use shall comply with all conditions and mitigation measures which may be
required as part of the Zone 3 Local Facilities Management Plan and any
amendments made to that Plan prior to the issuance of building permits.
All the conditions of Planning Commissi on Resolution No. 2692 are incorporated
herein by reference.
If any condition for construction of any public improvements or facilities, or the
payment of any fees in lieu thereof, imposed by this approval or imposed by law on
this project are challenged this approval shall be suspended as provided in
Government Code Section 65913.5. If any such condition is determined to be
invalid this approval shall be invalid unless the City Council determines that the
project without the condition complies with all requirements of law.
Approval of this amendment shall not excuse compliance with all sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of
building permit issuance.
Indoor seating shall be confined to the 690 square feet seating area shown on
Exhiiit “B” dated May 3,199l. No outdoor seating is pemitted.
PCRESON0.3220 -3-
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8. AIIY signs proposed for this delicatessen shall comply with the City’s sign ordinance,
the sign program required by Planning Commission Resolution 2776 and shall
require review and approval by the Planning Department prior to installation.
Window signs advertising products sold within the delicatessen are prohibited.
9. Section III A of Specific Plan 19(C) is hereby amended ,by inclusion of subsection
“e” as follows:
“e. a 1,080 square foot delicatessen located as shown in
Exhibits “A” - ‘%” of Planning Commission Resolution
3221.”
10. The maximum number of seats in this facility shall be 12.
Water:
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This amendment is approved upon the express condition that building permits will
not be issued for development of the subject property unless the water district
serving the development determines that adequate water and service is available at
the time of application for water service and will continue to be available until time
of occupancy.
Prior to the issuance of building permits, complete plans shall be submitted to and
approved by the Fire Department.
PC RESO NO. 3220 4-
1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
2 Commission of the City of Carlsbad, California, held on the 15th day of May, 1991, by the
3 following vote, to wit: ,
AYES:
NOES:
ABSENT:
Chairperson Holmes, Commissioners: Schramm, Savary, Noble,
Erwin & Hall.
Commissioner Schlehuber.
None.
ABSTAIN: None.
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13 ATTEST:
ROBERT HOLMES, Chairperson
CARLSBAD PLANNING COMMISSION
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16 MICHAEL J. HdtZMIidER 11 PLANNING DIRECTOR 17
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PLANNING COMMtSSlON RESOLUTION NO. 3221
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO SITE DEVELOPMENT
PLAN NO. SDP 88-3 TO PERMIT A 1,080 SQUARE FOOT
DELICATESSEN ON PROPERTY GENERALLY LOCATED IN
THE CAR COUNTY EXPANSION SOUTH OF CANNON ROAD,
EAST OF PASEO DEL NORTE.
CASE NAME: CAR COUNTRY PLAZA DELI
CASE NO: SDP 88-3(A)
WHEREAS, a verified application has been filed with the City of Carlsbad and
referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided by Title . d .
21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on the 15th day of MAY, 1991, consider said request on property
described as:
Lots 2 and 3 of CT 87-3 .
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all
factors relating to SDP 88-3(A).
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
Recommends APPROVAL of SDP 88-3(A), based on the following findings and
subject to the following conditions:
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Findinns:
1. AuthefindingsofPlanningco mmission Resolutions No. 2775,2776 and 3220 are
incorporated herein by reference.
Conditions:
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Approval is granted for SDP 88-3(A), as shown on Exhibits “A” - “C’ dated May 15,
1991, incorporated by reference and on file in the Planning Department.
Development shall OCCUT substantially as shown unless otherwise noted in these
conditions.
All the conditions of Planning Co mmission Resolutions No. 2775,2776 and 3220
are incorporated herein by reference.
Approval of SDP 88-3 is granted subject to the approval of SP 19(E).
PC RESO NO. 3221 -2-
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= PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 15th day of May, 1991, by the
following vote, to wit: .
AYES: Chairperson Holmes, Commissioner: Schramm, Savary, Noble,
Hall & Erwin.
NOES: Commissioner Schlehuber.
ABSENT: None.
ABSTAIN: None.
c--Y
CARLSBAD PLANNING CtiMMISSION
ATTEST:
MICHAEL J. HxZMILtiR
PLANNING DIRECTOR
PC RBSO NO. 3221 -3-
DATE:
TO:
FROM:
SUBJECT:
I.
APPLICA 1 L ti~V COMPLETE DATE:
NOVEMBER 28.1990
0 Gd 3
ST’AFF REPORT
MAY 15,199l
PLANNING COMMISSION
PLANNING DEPARTMENT
SP 19(E)/SDP 88-3(A) - CAR COUNTRY PLAZA DELI - Request for an
amendment to Specific Plan 19(C) and Site Development Plan SDP 88-3 to
allow a 1080 square foot delicatessen in the previously-approved Car Country
Plaza auto retail center on the southwest comer of Cannon Road and Car
Country Drive in the C-2-Q Zone and Local Facilities Management Plan
Zone 3.
RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolutions No.3220 and
3221 APPROVlNG SP 19(E) and SDP 88-3(A), based on the findings and subject to the
conditions contained therein.
II. PROJECT DE!XWPTI ON AND BACKGROUND
The applicant is proposing a 1080 square foot delicatessen within an existing building at
the Car Country Plaza. There is currently a mix of automobile service and auto-related
retail uses on the site. A restaurant pad was approved, but before a restaurant can be built
and operated, a study must show that adequate parking and circulation will be available
after full lease out of the rest of the site.
The Car Country Plaza is located on the southwest comer of Car Country Drive and
Cannon Road. To the north and east are agricultural lands, while Car Country Carlsbad
is located to the south and west.
III. ANALYSIS
Plannill~ Issues
1. Is adequate parking available for the proposed delicatessen?
SP 19(E)/SDP 88-3(A) - CAR COUNTRY PLAZA DELI
MAY 15,199l
PAGE 2
2. Is the proposal in conformance with the Local Facilities Management Plan for
Zone 31
3. Is the proposed delicatessen a compatible use? .
Is AdeQuate Park Available for the Prod Delicatessen?
This site is parked at the standard of one space per 200 square feet, i.e. the shopping
center parking standard. The shopping center parking standard is adequate for delis
because it already incorporates the requirements for food service uses. Strict retail uses
(not including restaurants) require one space for each 300 square feet; restaurants require one space for each 100 square feet. The shopping center standard averages these figures
and requires one space per 200 square feet. Therefore, adequate parking is already
available to serve the proposed delicatessen.
The building now contains two service bays which require two parking spaces each (total
four) and 217 square feet of retail space which requires two spaces, for a total of six
spaces. Six parking spaces will be required for the 1,080 square foot delicatessen using the
shopping center standard of one space per 200 square feet. Therefore, the six spaces
required by the delicatessen are already provided for this unit.
When the original application for this site was submitted, few similar auto-retail centers
existed and the City did not have ordinance parking standards for this kind of use. The
original application proposed auto related uses and a restaurant. In order to allow time
to assess the potential parking demand for the auto related uses, the application was
approved permitting restaurant use on the site, but no specific restaurant size or number
of required parking spaces was approved. Furthermore, it was conditioned such that the
restaurant size and parking space provision be determined upon full lease out of the auto
related building and after preparation of a parking and circulation study. This site,
therefore, has been constructed with a surplus of 50 spaces to either accommodate a future
restaurant, or to be used by the auto-related uses depending on the outcome of the above
parking and circulation study.
Growth Mment
The subject site is located in the existing Car Country Plaza in Local Facilities Management
Plan Zone 3. Impacts of Car Country Plaza were previously analyzed under the application
for Site Development Plan 88-3 and found to be consistent with the LFMP.
Is the Pro4 Delicatessen a ComDatible Use?
The proposed delicatessen use is compatible with the General Plan, Zoning Ordinance, and
Mello II Segment of the Local Coastal Program. The site is designated as Extensive
Regional Retail (EWE) on the General Plan Map and is zoned General Commercial (C-2).
Delicatessens are permitted as a matter of right in the C-2 zone. Since the Zoning
SP 19(E)/SDP 88-3(A) - CAh COUNTRY PLAZA DELI
MAY 15,1991
Ordinance implements the General Plan which is consistent with the Local Coastal
Program, and since delicatessens are permitted by the Zoning Ordinance they are
compatible with both the General Plan and Local Coastal Program.
The site is governed by the provisions of Specific Plan 19(C) and Site Development Plan
SDP 88-3. SP 19(D), an application to amend SP 19(C) by allowing auto retail uses on
lots 5, 6, 8 & 9, is pending but has not been approved. While neither of these documents
specifically permit delicatessens, they do allow a restaurant. Because a delicatessen is
similar to a restaurant, and is permitted by the underlying zoning, the Planning department
recommends that the use is compatible. Due to its small size, and relatively lower intensity
of use, (it will occupy 14% of the retail space currently on the site) the Planning
Department recommends that there will be no adverse circulation and parking impacts.
Therefore, staff recommends amending SP 19(C) and SDP 88-3 to allow a 1080 square foot
delicatessen at Car Country Carlsbad.
Iv. ENWRONMENTALREVIEW
Negative Declarations were approved by the Planning Commission for Specific Plan 19(C)
and Site Development Plan 88-3 on November 12,1987 and October 19,1988 respectively.
Approval of this amendment and operation of limited food service uses will not create any
significant additional environmental impacts. Therefore, the Planning Director has
determined that there is Prior Environmental Compliance and no further environmental
review is required.
The proposed amendment of SP 19(C) and SDP 88-3 is compatible with the General Plan,
Zoning Ordinance, the Mello II segment of the Local Coastal Program and the Growth
Management Ordinance. It is desirable because it provides a needed service for users of
the Car Country Plaza by providing a nearby place for them to eat. Therefore, Staff
recommends approval of SP 19(E) and SDP 88-3(A) subject to the findings and conditions
contained in the attached Resolutions number 3220 and 3221.
1. Planning Commission Resolution No. 3220
2. Planning Commission Resolution No. 3221
3. Location Map
4. Background Data Sheet
5. Disclosure Form
6. Reduced Exhibits “A” - “C”
7. Exhibits “A” - “c” dated May 3, 1991.
April 26,199l
As:km:lh:rvo
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BACKGROUND DATA SHEET
CASE NO: SP 19(EVSDP 88-3(A)
APPLICANT: Carnlaz Limited Partner-shin
REQUEST AND LOCATION: Amendment of nreviouslv annroved Site Develonment Plan
88-3 and Snecifk Plan 191C) to nermit limited food service uses. at 1060 Auto Center
court. .
LEGAL DESCRIPTION: Lots 2 and 3 of Carlsbad Tract No. 87-3. Man 12242
APN: 211-080-11 Acres 3.7 Proposed No. of Lots/Units N/A
GENERAL PLAN AND ZONING
Land Use Designation Extensive Regional Retail
Density Allowed N/A Density Proposed N/A
d .
Existing Zone C-2-O Proposed Zone. N/A’ .
Surrounding Zoning and Land Use:
Zoning Land Use
Site C-2-Q Auto Retail Center
North PU Agriculture
South C-2-Q Car Country
East EA Agriculture
West C-2-O Car Countrv
PUBLIC FACILITIES
School District Carlsbad Water Carlsbad Sewer Carlsbad EDU’s N/A
Public Facilities Fee Agreement, Date A~ril6. 1988
ENVIRONMENTAL IMPACT ASSESSMENT
Negative Declaration, issued
E.I.R. Certified, dated
Other, Prior Comnliance, Negative Declaration dated August 5. 1988.
Askn
. . ’ .
L
.Titv ‘v I of Pwlsbad
DISCLOSURE STATEMENT
APPLICANTS STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON AU APPUCAT~ONS
WHICH WILL REQUIRE DlSCREllONARY ACTlON ON THE PART OF THE C{N COUNCIL OR ANY APPOINTED
BOARD, COMMISSION OR COMMlTlEE. .
(Please Print)
The following information must be disclosed:
1.
2.
3.
ADDkant
List the names and addresses of ali persons having a financial interest in the application.
CARLTAS DEVELOPMENT 4401 Manchester Ave., Ste. 206 Encinitas, Ca. 92024
owner
List the names and addfeSSeS of ali persons having any ownership interest in the property involved.
ia&<; T.-P- 4401 Manchester Ave., Ste. 206
Encinitas, CA. 92024
If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names
addfeSSeS of all individuals owning more than 10% of the shares in the corporation or owning any partners
interest in the partnership. General Partner: /Paul Ecke, Jr. Carltas Development Company 'Lizbeth A. Ecke JElisabeth Ecke &Sara Ecke /John C. White
/Christopher C. Calkins dCarltas Company
f Paul Ecke. III
4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names
addresses of any person serving as officer or director of the non-profit organization or as trust88 or benefk
of the trust.
N/A
,
Disciosure statemecrt Page 2
c u. Have you had more than $250 worth of business transacted with an9 member of City staff, 3ca:r Commissions, Committees and Council within the past twelve months?
Yes - No X tf yes, please indicate person(s)
Person is defined as: ‘Any individual, firm, copartnership, joint venture, association. social club, fraterna
organization, corporation, estate, ttust, receiver, syndicate, this and any other county, city and county, crty L &nicipality, district or other political subdivision, or any other group or combination acting as a un~.’
(w pages as necessary.)
Sigtire of Owner/date
Carlplaz Associates, L.P. By: Carltas Development Company General Partner Rv: Christopher C. Cglkins
Print or type name of owner
Signature of applicant/date
Print or type name of applicant
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MINUTES -
May 15, 1991 PLANNING CCX4NISSION Page 3
parking demand will not exceed 169 parking
eparate the parking lot from the house to the A lot line
roposed conditions.
Chairman Holmes opened t ublic testimony and issued the invitation to speak.
Bob Ladwig, Rick Engineering, resenting the applicant, addressed the Commission and s that he can accept the conditions presented and he requ . 4
Commission on this topic, Chairman H testimony closed and opened the item Commission members.
declared the public scussion among the
Commissioner Erwin inquired if the parking 1 ultimately be expanded to the area where the Mr. Ladwig replied that the present tenant has estate so no plans have been made for the future.
Motion was duly made, seconded, and carried to adopt Planning Commission No. 3213 approving CUP 204(B) base upon the findings and subject to the conditions containe
therein.
3) SP 19(E)/SDP 88-3(A) - CAR COUNTRY PLAZA DELI - Request for an amendment to Specific Plan 19(C) and Site Development Plan SDP 88-3 to allow a 1,080 square foot delicatessen in the previously-approved Car Country Plaza auto retail center on the southwest corner of Cannon Road and Car Country Drive in the C-2-Q Zone and Local Facilities Management Plan Zone 3.
Robert Green, Principal Planner, reviewed the background of the request and stated that the applicant is proposing a 1,080 s.f. delicatessen within an existing building at the Car Country Plaza at the southwest comer of Cannon Road and Car Country Drive. There is currently a mix of automobile service and auto-related retail uses on the site. The ordinance requires one parking space per 200 s.f. to accormnodate food services uses of this type. The six spaces thus required are already provided. The site also has a surplus of 50 parking spaces because a restaurant pad was approved in the original Specific Plan. However, the size of the restaurant and associated parking was never determined because a parking and circulation study was required after full lease out to determine if adequate parking would be available to accommodate a restaurant. Although the SP and SDP do not specifically provide for this use. they do allow a restaurant; since a delicatessen is a similar use and is permitted by the underlying zone, staff recommends the use is
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Erwin Hall Holmes Noble Savary Schlehuber Schranen
+m
MINUTES
Y
May 15, 1991 PLANNING COMMISSION Page 4 COMMISSIONERS
compatible and that there will be no adverse circulation and parking impacts. Staff recommends approval.
Mr. Green noted that there were some boilerplate errors in
the staff report and requested that Finding #6 and Conditions 119 and #lO be deleted from Resolution No. 3220.
Commissioner Schrarma inquired if the restroom behind the counter would be accessible for customers. Mr. Green replied that it would not.
Conrmissioner Schraann inquired if handicapped parking was available. Mr. Green replied that there are two handicapped spaces located close by.
Commissioner Schramm inquired if there are any other de1
located nearby. Mr. Green replied there are other deli' located on the west side of the freeway.
Commissioner Schlehuber feels that Pinding 116 is needed inquired as to the reason for its deletion. Ron Ball, Assistant City Attorney, replied that Finding /16 is a boilerplate finding which was needed during the sewer
i's
S
and
moratorium. The ordinance requires that the development must comply at the time the permit is issued.
Commissioner Erwin inquired why Exhibit "B" showed a proposed occupancy of 39. Mr. Green replied the notation for 39 occupants is to satisfy the Building Code for fire safety purposes. Staff understand that there will only be seating for 10 persons in the deli.
Chairman Holmes opened the public testimony and issued the invitation to speak.
John White, 5600 Avenida Rncinas, Carlsbad, representing the applicant Carltas Development, addressed the Conmission and stated that he agrees with the staff findings and conditions. He commented that Car Country currently does not have food services and he feels this will be appreciated by employees as well as customers.
Commissioner Erwin inquired if the deli would be providing a restroom for the customers. Mr. White replied that this deli would primarily be take-out service which does not normally require that a public restroom be provided.
Commissioner Erwin inquired if the applicant would accept a condition stating that the maximum seating would be 10. Mr. White replied that he would prefer the condition state three tables.
There being no other persons desiring to address the Commission on this topic, Chairman Holmes declared the public testimony closed and opened the item for discussion among the Colllnission members.
Cousaissioner Schlehuber does not see the necessity of a condition limiting the seating or tables since there is very limited space in the deli.
Comissioner Erwin replied that he feels the condition is needed because the exhibit named an occupancy of 39 and it could be misleading.
MINUTES ---
May 15, 1991 PLANNING CGMMISSION COMMISSIONERS Y
Commissioner Noble commented that he has heard many citizen comments about the lack of eating establishments in Car Country and he feels this will be a welcome addition to the area.
Motion was duly made, seconded, and carried to adopt Planning Commission Resolutions No. 3220 and 3221 approving SE 19(E) and SDP 88-3(A), based on the findings and subject to the conditions contained therein, with the deletions indicated by staff of Finding l/6 and Conditions 119 and #LO, and an added condition for a maximum seating of 12 persons.
- Request for an ed Unit Development Permit site design for Aviara Pintail Court north of Management Zone 19.
rim, Assistant Planner, reviewed the background of
t and stated that the applicant proposes minor site rations of an existing approved plan within a 16 of the Aviara Master Plan. The original lanned development was approved by City ber 13, 1990 and included 56 du's, including x, and four-plex structures. It also included ive and passive common recreation areas and 11.47 acres of c ta1 resource area. The approved development met o xceeded all applicable development standards of the z ordinance and the Aviara Master Plan.
However, several e ering standards variances were requested and appr at that time. One engineering variance allowed the of rolled curb and gutter within the development.
After evaluating the app ed plan from a marketing perspective, the applican s requesting alterations in the site design involving the ocation of the coxxoon active recreation area and one tri x, the consolidation of two duplexes into a four-plex st and the relocation of some of the guest parking. staff determined that the revised plan still co to all applicable ordinances and maintains the a extent of the approved existing active recreation area. e proposed amendment is actually superior to the approved as it reduces retaining wall heights at several ions and eliminates the need for rolled curbs, which was issue of concern with the original approval. While the r standard variances are still needed, n engineering standards are required. G
Commissioner Erwin stated that he was not pre project originally came before the Planning C however, he has read the report. He asked th if he was allowed to vote on the amendment or abstain. Ron Ball, Assistant City Attorney, r Commissioner Erwin was qualified to vote on th
he has read the staff report and will have an listen to the testimony. No decision is being
original project, just the amendment.
Chairman Holmes opened the public testimony and issued invitation to speak.
Erwin Hall Holmes Noble Savary Schlehuber Schramm
4
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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,
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,A.’ I -
SOTiCE IS HEREBY GlVEN tlmt
tlsatwounc110rthocltyorcDrl,
b4 hold a public beuinp at
.W,X
wou-llllrw=-ur ,4 tbir.mDttDr, pl*se call Alan 8roono.y in tbo Phnllla Domt- lnont$ l t UBllm, cod. 4458.
preceding the date of pcblication 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 follow-
ing dates, to-wit:
&L&J’ -
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: b i *’ :I I . ; C’ . i j! c
#‘lhl,‘. ” j” * .: ,. . . *‘,
July 25 - 19 91
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 Cali-
fornia on
day of
the 25th July, 1991
NOTICE OF PUBLIC HEARING
SP lS(EJ/SDP 88-3(A)
4
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive (formerly Elm Avenue), Carlsbad, California, at 6:00 P.M., on Tuesday, August 6, 1991, to consider an application for an amendment to a Specific Plan 19(C) and Site Development Plan SDP 88-3 to allow a 1,080 square foot delicatessen in the previously approved Car Country Plaza auto retail center on property generally located on the southwest corner of Cannon Road and Car Country Drive in the C-2-Q Zone and Local Facilities Management Plan Zone 3 and more particularly described as:
Lots 2 and 3 of Carlsbad Tract 87-3.
If you have any questions regarding this matter, please call Alan Sweeney in the Planning Department, at 438-1161, ext. 4456.
If you challenge the amendment to the Specific Plan and/or Site Development Plan in court, you may be limited to raising only those issues raised by you or someone else at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad City Clerk's Office at or prior to the public hearing.
APPLICANT: Carltas Development Co. PUBLISH: July 25, 1991
CARLSBAD CITY COUNCIL
CAR COWTRY PLAZA DELI I SP lQ(E)/SOP 88-3(A)
4
NOTICE OF PUBLIC HEARING
NOTICE tS HEREBY GJVEN that the Planning Commission of the City of Carlsbad will hold
a public hearing at the Council Chambers, 1200 Carlsbad Village Drive (formerly Elm
Avenue), Carlsbad, California, at 6:00 p.m. on Wednesday, May 15, 1991, to consider
approval of an amendment to Specific Plan 19(C) and Site Development Plan SDP 88-3 to
allow a 1080 square foot delicatessen in the previously-approved Car Country Plaza auto
retail center on property generally located on the southwest comer of Cannon Road and
Car Country Drive in the C-2-Q Zone and Local Facilities Management Plan Zone 3 and
more particularly described as:
Lots 2 and 3 of CT 87-3 .
Those persons wishing to speak on this proposal are cordially invited to attend the public
hearing. Copies of the staff report will be available on and after May 9, 1991. If you have
any questions, please call Alan Sweeney in the Planning Department at 438-1161, ext.
4456 .
If you challenge the in court, you may be limited to raising only those issues you or
someone else raised at the public hearing described in this notice or in written
correspondence delivered to the City of Carlsbad at or prior to the public hearing.
CASE FILE: SP 19(E)/SDP 88-3(A)
APPLICANT: CAR COUNTRY PLAZA DELI
PUBLISH: MAY 2, 1991
.
(Form A)
TO: CITY CLERK’S OFFICE
FROM: PLANNING DEPARTMENT
RE: PUBLIC HEARING REQUEST
Attached are the materials necessary for you to notice
SP 19(E)/SDP 88-3(A) - CAR COUNTRY PLAZA DELI
for a public hearing before the City Council. I
Please notice the item for the council meeting of
.
Thank you.
Marty Orenyak
Assistant City Manager
7/11/91 Date
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WARREN M NICHOLS TR POINSETTIA ASSOCIATES
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PAYLESS DRUG STORES 9275 S W PEYTON LANE WILSONVILLE OR 97070 214-430-15
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Poinsettia Associates 2802 Canon St San Diego, Ca. 92106 214-430-24
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