HomeMy WebLinkAbout1998-01-06; City Council; 14506; Costco Outdoor Seating,
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CITY OF CARLSBAD - A&iDA BILL 43
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TITLE:
MTG. /-b-fi? COSTCO OUTDOOR SEATING
’ DEPT.
CUP 90-03(B)
PLN CITYMGR 2
1 RECOMMENDED ACTION:
That Council ADOPT Resolution No. 98 - 8 , APPROVING the Conditional Use Permit
Amendment for the Costco Outdoor Seating proposal.
ITEM EXPLANATION:
On December 3, 1997, the Planning Commission conducted a public hearing and voted 7-O to
recommend approval of a Conditional Use Permit Amendment to allow additional outdoor
seating at the Costco food service area. The tables being requested have actually been in place
for some time and have operated without incident. The original CUP for the Price Club limited
the number of tables to six. This CUP Amendment would condone the remaining 24 tables,
making the maximum number of tables allowed to equal 30.
The additional tables occupy approximately 900 square feet, requiring nine parking spaces. After
accounting for the additional tables and the vacant pad on Palomar Airport Road, the Costco
parking lot still has 226 more spaces than would be required by the Zoning Ordinance. Since
the tables have been in place for some time, the recently prepared traffic reports for Carl’s Jr.
and the Costco Gasoline proposals included the traffic generation of the additional tables in their
traffic counts. The tables and chairs also do not interfere with any pedestrian circulation routes.
Given the above, staff and the Planning Commission found no issues with the proposal.
On September 2, 1997, the City Council adopted an urgency ordinance requiring all commercial
development proposals in proximity to the Carlsbad Ranch Specific Plan area to be reviewed by
the City Council. Due to its location, the urgency ordinance applies to this project.
FISCAL IMPACT:
The fiscal impacts to the City are negligible since the only applicable development fee, Traffic
Impact Fee, is conditioned to be paid within 60 days of approval of this CUP Amendment. All
public facilities necessary to serve the additional tables are in place.
ENVIRONMENTAL REVIEW:
The proposal consists of placement of minor structures, accessory to an existing commercial
operation and is, therefore, exempt from environmental review pursuant to Section 15311 of the
State CEQA Guidelines.
EXHIBITS:
1.
2.
3.
4.
5.
City Council Resolution No. 98 -8
Location Map
Planning Commission Resolution No. 4209
Planning Commission Staff Report, dated December 3, 1997
Excerpt of Planning Commission Minutes, dated December 3, 1997.
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I RESOLUTION NO. 98-B
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL
USE PERMIT AMENDMENT NO. CUP 90-03(B) TO ALLOW
24 ADDITIONAL TABLES IN THE EXISTING OUTDOOR
EATING AREA AT THE COSTCO WAREHOUSE, LOCATED
IN THE SOUTH SIDE OF PALOMAR AIRPORT ROAD,
BETWEEN ARMADA DRIVE AND PASEO DEL NORTE IN
LOCAL FACILITIES MANAGEMENT ZONE 5.
CASE NAME: COSTCO OUTDOOR SEATING
CASE NO. : CUP 90-03(B)
WHEREAS, the Planning Commission did, on December 3, 1997, hold a duly
noticed public hearing ‘as prescribed by law to consider said application for a Conditional Use
Permit Amendment; and
WHEREAS, on December 3, 1997, the Carlsbad Planning Commission did, after
hearing and considering all evidence and testimony of all people desiring to be heard, adopted
Resolution No. 4209, approving a Conditional Use Permit Amendment (CUP 90-03(B)) to allow
24 additional tables in the outdoor eating area at the Costco Warehouse; and
WHEREAS, on the 6th day of JANUARY , 1998, the
City Council of the City of Carlsbad, held a duly noticed public hearing as prescribed by law to
consider a Conditional Use Permit Amendment and at that time received recommendations,
objections, protests, comments from all persons interested in or opposed to CUP 90-03(B); and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the
City of Carlsbad, California, as follows:
1. That the above recitation are true and correct.
2. That the City Council APPROVES City Council Resolution No. 98-8 and
that the findings and conditions of the Planning Commission in Resolutibn No.
4209, on file with the City Clerk and incorporated herein by reference, constitute
the findings and conditions of the City Council in this matter.
3. That the application for a Conditional Use Permit Amendment (CUP 90-03(B)) to
allow 24 additional tables in the outdoor eating area at the Costco Warehouse, on Aj
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property generally located south of Palomar Airport Road, between Armada Drive
and Paseo de1 Norte in LFMP Zone 5 is approved as shown in Planning
Commission Resolution No. 4209 on file with the City Clerk and incorporated
herein by reference.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 6th day of JANUARY 1998, by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, Hall
NOES: None
ABSENT: Nohe
ATTEST:
(SEAL)
RANZ, City Clerk
stant City Clerk
-2- 3
COSTCO OUTDOOR SEATING
CUP 90-03(B)
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EXHBIT 3
PLANNING COMMISSION RESOLUTION NO. 4209
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A CONDITIONAL USE PERMIT
AMENDMENT TO ALLOW 24 ADDITIONAL TABLES WITH
CHAIRS AT THE EXISTING FOOD COURT AT THE COSTCO
WAREHOUSE ON PROPERTY GENERALLY LOCATED ON
THE SOUTH SIDE OF PALOMAR AIRPORT ROAD,
BETWEEN ARMADA DRIVE AND PASEO DEL NORTE IN
LOCAL FACILITIES MANAGEMENT ZONE 5
CASE NAME: COSTCO OUTDOOR SEATING
CASE NO.: CUP 90-03(B)
WHEREAS, Costco Wholesale, Inc., “Developer”, has filed a verified
application with the City of Carlsbad regarding property owned by Costco Wholesale, Inc.,
“Owner”, described as
Parcel 2 of Parcel Map 17542, file din the Offke of the County
Recorder on June 27,1995, in the City of Carlsbad, County of
San Diego, State of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Amendment as shown on Exhibits “A” - “B”, dated December 3, 1997, on file in the
Carlsbad Planning Department Conditional Use Permit Amendment (CUP 90-03(B)), as
provided by the conditions of approval of CUP 90-03 and CUP 90-03(A) and Chapter 21.42 of
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 3rd day of December 1997,
hold a duly noticed public hearing as prescribed by law to consider said request; and
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 CUP 90-03(B).
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WHEREAS, on May 21, 1991, the City Council approved CUP 90-03, as
described and conditioned in Planning Commission Resolution No. 3210.
WHEREAS, on October 21,1997, the City Council approved CUP 90-03(A), as
described and conditioned in Planning Commission Resolution No. 4144.
WHEREAS, the City Council adopted Urgency Ordinance NS-424’ on October
15, 1997, which requires all pending and future commercial projects within the area covered by
Urgency Ordinance NS-424 and subject to Planning Commission review shall be required to
undergo City Council review and approval regardless of current zoning ordinance regulations
regarding review and approval of land use entitlements.
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.
W That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of the Conditional Use Permit Amendment CUP
90-03(B), based on the following findings and subject to the following conditions:
FindinPs:
1. That the requested use is necessary or desirable for the development of the community, is
essentially in harmony with the various elements and objectives of the General Plan, and
is not detrimental to existing uses specifically permitted in the zone in which the
proposed use is located, in that the provision of outdoor eating areas provides a food
service for workers in the industrial area, the food service is an allowed use in the C-
T-Q zone and the existing parking supply is large enough to accommodate the
additional 900 square feet of eating area.
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that all 24 additional tables with chairs can fit within the outdoor eating area
without affecting vehicular or pedestrian circulation and without the removal of any
landscaping
3. That all the yards, setbacks, walls, fences, landscaping, and other features necessary to
adjust the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that the 24 additional tables with chairs are located so as
PC RESO NO. 4209 -2- 6
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to not interfere with any vehicular or pedestrian circulation, loading areas or
shopping cart storage areas and the tables serve an existing and approved food
court area.
4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the approximately 672 average daily traffic trips
generated by the 24 additional tables with chairs have already been accounted in the
previous traffic reports on the property and, according to these traffic reports,
Palomar Airport Road can accommodate this traffic while still maintaining an
acceptable level of service.
5. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts cause by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
1. The Planning Commission does hereby RECOMMEND APPROVAL of the
Conditional Use Permit Amendment for the project entitled Costco Outdoor Seating
(Exhibits “A” - “B” dated December 3, 1997 on file in the Planning Department and
incorporated by this reference, subject to the conditions herein set forth.) Staff is
authorized and directed to make, or require Developer to make, all corrections and
modifications to the Conditional Use Permit Amendment documents, as necessary, to
make them internally consistent and in conformity with final action on the project.
Development shall occur substantially as shown in the approved Exhibits. Any proposed
development substantially different from this approval, shall require an amendment to
this approval.
2. The Developer shall comply with all applicable provisions of federal, state, and local
ordinances in effect at the time of building permit issuance
3. 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 residential
housing project are challenged this approval shall be suspended as provided in
Government Code Section 66020. 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.
4. This Conditional Use Permit Amendment is granted for a period of five (5) years. This
Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis to
determine if all conditions of this permit have been met and that the use does not have a
substantial negative effect on surrounding properties or the public health and welfare. If
the Planning Director determines that the use has such substantial negative effects, the
Planning Director shall recommend that the Planning Commission, after providing the
permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
substantial negative effects. This permit may be revoked at any time after a public
PC PESO NO. 4209 -3- 7
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hearing, if it is found that the use has a substantial detrimental effect on surrounding land
uses and the public’s health and welfare, or the conditions imposed herein have not been
met. This permit may be extended for a reasonable period of time not to exceed five (5)
years upon written application of the permittee made no less than 90 days prior to the
expiration date. The Planning Commission may not grant such extension, unless it finds
that there are no substantial negative effects on surrounding land uses or the public’s
health and welfare. If a substantial negative effect on surrounding land uses or the
public’s health and welfare is found, the extension shall be denied or granted with
conditions which will eliminate or substantially reduce such effects. There is no limit to
the number of extensions the Planning Commission may grant.
5. The Developer shall report, in writing, to the Planning Director within 30 days, any
address change from that which is shown on the conditional use permit application.
6. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 5 Local Facilities Management Plan and any amendments made to
that Plan.
7. Approval of CUP 90-03(R) supplements the approval of CUP 90-03 and CUP 90-
03(A). All conditions of approval of Planning Commission Resolution No. 3210,
dated April 3,1996, and Planning Commission Resolution No. 4144, dated August 6,
1997, remain in full force and effect, except as modified herein.
Engineering:
8. A standard development traffic impact fee (TIF) shall be paid to the City within 60 days
of approval of the Conditional Use Permit Amendment. The Fee shall be calculated
based on the San Diego Association of Governments (SANDAG), Brief Guide to
Vehicular Traffic Generation Rates for the San Diego Re.gion, sit down, high turnover
restaurant at seven (7) average daily trips (ADT) per seat. If this fee is not paid within 60
days of the project’s approval, the project will not be in conformance with the conditions
of approval and the approval shall become null and void.
General Conditions:
9. If any of the foregoing conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Conditional Use Permit Amendment
PC RESO NO. 4209 -4- 8
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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 3rd day of December 1997, by the
following vote, to wit:
AYES: Chairperson Nielsen, Commissioners Compaq Heineman,
Monroy, Noble, Saw-y and Welshons
NOES:
ABSENT:
ABSTAIN: . I, a.,
ROBERT NIELSEN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
w ’ Planning6irector ’
PC RJ3SO NO. 4209 -5-
. - EXHIBIT 4 ‘Atie City of CARLSBAD Planning Deparmelrc m A REPORT TO THE PLANNING COMMISSION -
Item No. ’ 3 0
Application complete date: October 3, 1997
P.C. AGENDA OF: December 3,1997
Project Engineer: Clyde Wickham
SUBJECT: CUP 90-03(B) - COSTCO OUTDOOR SEATING - Request for a Conditional
Use Permit Amendment to allow 24 additional outdoor tables with chairs at the
existing food court at the Costco Warehouse located on the south side of Palomar
Airport Road, between Armada Drive and Paseo de1 Norte, in Local Facilities
Management Zone 5.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 4209,
RECOMMENDING APPROVAL of a Conditional Use Permit Amendment (CUP 90-03(B)),
based on the findings and subject to the conditions contained therein.
II. INTRODUCTION
The proposal involves the approval of 24 additional tables with chairs at the existing Costco food
court. The prefabricated tables, with four chairs each, have been located on site for over one year
and have been used without incident. The original Price Club Conditional Use Permit approval
included only six (6) tables with chairs, therefore a CUP Amendment is needed to legitimize the
additional tables and assess the appropriate parking requirements. The project conforms to all
applicable regulations and staff has no issues with the proposal. Since the site is located within
the area covered by Urgency Ordinance NS-424, the project must be reviewed by both the
Planning Commission and City Council.
III. PROJECT DESCRIPTION AND BACKGROUND
Costco Wholesale Inc. is requesting approval of a Conditional Use Permit Amendment to allow
24 additional tables with chairs in the outdoor eating area associated with the existing Costco
food court. The eating area is located on the east side of the building, out of the pedestrian and
vehicular circulation patterns. The prefabricated tables have four attached chairs and the 24
additional tables cover an area of approximately 900 square feet. The Costco site is zoned C-2-Q
(General Commercial with a Qualified Development Overlay Zone) and designated R (Regional
Commercial) in the City’s General Plan.
The Price Club site has been reviewed by the Planning Commission and City Council on four
previous occasions. First was the original approval in May 2 1, 199 1, which included the 12 1,000
square foot Price Club building and associated parking and loading areas, a graded pad on Paseo
de1 Norte for a future 15,000 square foot office building and a graded pad on Palomar Airport
. ’ . CUP 90-03(B) - COST -3 u/cTTDOOR SEATING
. . December 3, 1997
Road for a 5,000 square foot retail building. This original approval also included a Conditional
Use Permit for a takeout restaurant where food was not served within a dining area. In April,
1996, the Price Club received a Site Development Plan Amendment to add 12,200 square feet of
interior space to the existing warehouse for meat and deli preparation, bakery and additional sales
display areas. On March 19, 1997, the Planning Commission approved a boundary adjustment to
the western portion of the site to facilitate the adjacent Carl’s Jr. Project’s site design. Most
recently., the Costco gas station was approved by City Council on October 21, ‘1997, allowing an
automated gasoline station for Costco members in the northeast portion of the parking lot.
The current proposal would actually adjust the original approval’s allotment of outdoor seating
for the food service facilities on the outside of the building. The original Conditional Use Permit
for the Price Club limited the outdoor eating area to six (6) tables, each with four (4) chairs.
While processing the recent Costco .gas station proposal, it came to the City’s attention that there
were actually 30 tables, each with four (4) chairs. The applicant subsequently applied for a
Conditional Use Permit Amendment to condone the additional tables.
The additional outdoor eating area has apparently existed for some time without incident. As
shown on Exhibits “A” -“ B”, dated December 3, 1997, the tables and chairs are located outside
of any vehicular or pedestrian circulation areas and cover an area of approximately 900 square
feet. Based upon the restaurant parking requirement of 1 space per 100 square feet of floor area,
the additional tables generate a parking requirement of nine (9) spaces. There are currently 8 10
parking spaces in the Costco lot and only 573 are required for the existing warehouse and the
future retail pad on Palomar Airport Road. Therefore, adequate parking exists to accommodate
the additional eating area.
The Costco Outdoor Seating project is subject to the following regulations:
A. General Plan;
B. Local Coastal Program;
C. C-2 -Q General Commercial Zone with a Qualified Development Overlay
(Chapters 2 1.28 and 2 1.06 of the Zoning Ordinance);
D. Conditional Use Ordinance (Chapter 21.42 of the Zoning Ordinance);
E. Growth Management Ordinance (Chapter 21.90 of the Zoning Ordinance);
F-. Zone 5 Local Facilities Management Plan.
IV. ANALYSIS
The recommendation for approval of this project was developed by analyzing the project’s
consistency with the applicable policies and regulations listed above, The following analysis
section discusses compliance with each of these regulations/policies utilizing both text and
..-. tables. _ //
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. l . CUP 90-03(B) - COSl LJ wJTDOOR SEATING
December 3, 1997
Page 3
A. General Plan
TABLE 1 - GENERAL PLAN COMPLIANCE
Element Use Classification, Goal,
Objective Or Program
Proposed Uses And Improvements Compliance
Land Use Site is designated for
commercial land uses.
Proposed outdoor eating area is
consistent with commercial uses. Yes
Circulation Provision of safe, adequate and Adequate parking exists to
attractively landscaped parking accommodate the increased demand
facilities. and no landscaping is proposed to be Yes
removed.
B. Local Coastal Program
The Costco Outdoor Seating site lies within the Mello II segment of the City’s Coastal Zone and
is subject to the corresponding land use policies and implementing ordinances. These policies
and ordinances emphasize topics such as preservation of agriculture and scenic resources,
protection of environmentally sensitive resources, provision of shoreline access, and prevention
of geologic instability and erosion. The site is currently developed and no agricultural or
environmentally sensitive lands exist on site. The proposal does not include grading therefore the
grading provisions in the Mello II land use policies do not apply. Since the project site is located
1.3 miles from the nearest water body (Pacific Ocean), no shoreline development regulations
apply. No scenic resources exist on or near the developed site. Therefore, the Costco Outdoor
Seating project is consistent with the Mello II land use policies and the applicable implementing
ordinances.
C. C-2-Q - General Commercial Zone with Qualified Development Overlay
The project site is zoned C-2-Q and therefore subject to the provisions of those zoning
designations. The restrictions contained in the C-2 - General Commercial Zone deal mostly with
uses, building height and placement on the lot. Since the only physical development involves
tables and chairs, no building height or placement regulations apply. The outdoor eating area
associated with the existing food court use is allowed in the C-2 zone with approval of a CUP.
The Qualified Development Overlay zone does not contain any specific development standards.
While not included in the C-2 zoning requirements, a discussion of the parking requirements of
the Zoning Ordinance and the project’s conformance is appropriate in this section. The 24
additional outdoor tables and chairs cover an area totaling approximately 900 square feet and,
therefore, require nine (9) additional parking spaces. The amount of parking required by the
Parking Ordinance (Chapter 21.44 of the Zoning Ordinance) for the entire Costco operation,
including warehouse, retail food service, office and gas station is 5 13 spaces. In addition, there
is a vacant pad at the southwest corner of Palomar Airport Road and Armada Drive that would
require some of the parking in the Costco parking lot. The original approval for the Price Club
site planned for a maximum 5,000 square foot retail use on this vacant pad. Assuming, for the
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l . CUP 90-03(B) - COSl -3 L JTDOOR SEATING
December 3, 1997
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purposes of parking needs assessment, that the future use would be a restaurant, the future
parking requirement for the vacant pad would be 60 spaces. The existing parking supply of 8 10
spaces more than accommodates the required 513 for Costco, the maximum of 60 spaces needed
for future development on the vacant pad, and the nine (9) spaces for the 24 additional tables
with chairs. Given the above, the Costco Outdoor Seating proposal conforms to the requirements
of the C-2-Q zone.
D. Conditional Use Ordinance
Since the original Price Club food concessions constituted a take-out restaurant where food is not
served within a dining area, a Conditional Use Permit was required pursuant to Section
21.42.01 O(5)(0) of the Zoning Ordinance. Subsequent to the original CUP approval, the permit
was amended to include an automated gasoline station in the Costco parking lot (CUP90-03(A),
approved October 2 1, 1997). This CUP amendment not only reaffirmed the previous findings of
compatibility, but also established an expiration date and annual review for the CUP; the original
CUP had no expiration date or review period. Except for the number of tables and seats, all
conditions of approval of CUP 90-03 and CUP 90-03(A) have been and/or continue to be met.
The proposed CUP amendment would keep all pre-existing conditions on the project, but would
update the expiration date and review periods based on the new approval date and would revise
the maximum number of tables to 30.
The four findings required for a CUP amendment address compatibility and harmony of the use
with the project site and its existing and future surroundings. The additional outdoor eating area
is located so as to not interfere with pedestrian or vehicular circulation. As discussed previously,
the existing Costco parking lot contains enough parking spaces to accommodate the additional
eating area. Since the additional tables have been in place for over a year, the previous traffic
reports have included their traffic generation in their traffic counts and found that an acceptable
level of service on Palomar Airport Road was being maintained. All public and private
improvements necessary to serve. the additional seating area have been and continue to be in
place. Considering the above, the findings required for a CUP Amendment can be made and the
Costco Outdoor Seating proposal is consistent with the Conditional Use Ordinance.
E. Growth Management Ordinance
Since the Costco Outdoor Seating project involves no residential uses, many of the facilities
regulated by the Growth Management Ordinance are not affected. Table 2 below shows the
project’s compliance with the applicable Growth Management facility requirements.
11 Library
I- ~ Waste Water Treatment
SROWTH MANAGEMENT COMPLIANCE
Impacts/Standards Compliance
N/A Yes
N/A
4.67 EDU
Yes
Yes
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. . ’ * CUP 90-03(B) - COST& CI JTDOOR SEATING
December 3, 1997
Page 5
II TABLE 2 - GROWTH MANAGEMENT COMPLLANCE II
Parks
Standard Impacts/Standards Compliance
N/A Yes
Drainage I PLDA C I Yes II
Circulation
Fire
672 ADT
Fire Station No. 4
Yes
Yes
Open Space ) N/A Yes II
Schools
Sewer Collection System
CUSD
4.67 EDU
Yes
Yes
Water I 1,027 GPD I Yes II
F. Zone 5 Local Facilities Management Plan
The Costco Outdoor Seating site is located within Local Facilities Management Zone 5. There
are no special development conditions in the zone plan that apply to this non-residential project.
All public facilities needed to serve the development are already in place. No building permits
are required for the outdoor eating area, however a traffic impact fee for the additional tables
must be paid within 60 days of approval of the Conditional Use Permit Amendment. In addition,
the outdoor seating proposal is conditioned to conform to all current and future requirements of
the Zone Plan. Therefore, the Costco Outdoor Seating project is in conformance with the Zone 5
Local Facilities Management Plan.
V. ENVIRONMENTAL REVIEW
The Costco Outdoor Seating proposal consists of placement of minor structures accessory to an
existing commercial operation and is, therefore, exempt from environmental review pursuant to
Section 153 11 of the State CEQA Guidelines. A Notice of Exemption will be issued upon final
project determination.
ATTACHMENTS:
1. Planning Commission Resolution No. 4209
4. Location Map
5. Disclosure Statement
6. Local Facilities Impact Assessment Form
7. Background Data Sheet
8. Exhibits “A’‘-“B “, dated December 3, 1997
DfSCLOSURE STATEMENT
Applicant’s statement or disclosure of certain ownership interests on all
applications which will require discretionary action on the part of the City
Council or any appointed Board, Commission or Committee.
The following information must be disclosed:
1. 1. APPLICANT APPLICANT
List the names and addresses of all persons having a financial interest in the List the names and addresses of all persons having a financial interest in the
application. application.
J&zLj 2. AA, - J&zLj 2. AA, - lL!?zo dd& & # ~30@ lL!?zo dd& & # ~30@
hbL&, BT hbL&, BT 6,~ !le c/r, e , U# 6,~ !le c/r, e , U#
2. OWNER
List the names and addresses of all persons having any ownership interest in the
property involved.
3. If any person identified pursuant to (1) or (21 above is a corporation or partnership,
. list the names and addresses of a!1 individuals owning more than 10% of the shares
in the corporation or owning any partnership interest in the partnership. -
4. If any person identified pursuant to (1) or (2) above is a non-profit organitation or a
trust, list the names and addresses of any person serving as officer or director of
the non-profit organization or as trustee or beneficiary of the trust.
2075 Las Palmas Dr. - Carlsbad. CA 92009-1576 - (619) 438-1161 - FAX 1619) 438-0894 ta
: ’ 5. Have you had more than $250 worth of business transacted with any member of ’
City staff, Boards, Commissions, Committees and/or Council within the past twelve
(12) months?
cl Yes w No If yes, please indicate person(s):
Person is defined as -Any individual, firm, .co-partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city
and county, city ,municipality, district -or other .political subdivision or any other group or
combination acting.as a unit.’
NOTE: Attach additional sheets if necessary.
Signature of owner/date
/. -’
TdE Pmer: @orvl??~Nq -
Print or type name of owner
J& t/a 2. /!!h& , AYlLy ;p-+
Print or ty& name of applicant :
Disclosure Statement 1 O/96
-_
CITY OF CARLSBAD
GROWTH MANAGEMENT PROGRAM
LOCAL FACILITIES IMPACTS ASSESSMENT FORM
(To be Submitted with Development Application)
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO: CUP 90-03(B) - COSTCO OUTDOOR SEATING
LOCAL FACILITY MANAGEMENT ZONE: 5 GENERAL PLAN: R-Regional Commercial
ZONING: C-2-O - General Commercial with Oualified Development Overlay
DEVELOPER’S NAME: Costco Wholesale, Inc.
ADDRESS: 999 Lake Dr.. Issaouah, WA 98027
PHONE NO.: 206-3 13-63 12 ASSESSOR’S PARCEL NO.: 21 l-040-35
QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 900 square feet
ESTIMATED COMPLETION DATE: N/A
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
City Administrative Facilities: Demand in Square Footage =
Library: Demand in Square Footage =
Wastewater Treatment Capacity (Calculate with J. Sewer)
Park: Demand in Acreage =
Drainage: Demand in CFS =
Identify Drainage Basin =
(Identify master plan facilities on site plan)
Circulation: Demand in ADTs =
(Identify Trip Distribution on site plan)
Fire: Served by Fire Station No. =
Open Space: Acreage Provided =
Schools:
(Demands to be determined by staff)
Sewer: Demands in EDUs
Identify Sub Basin =
(Identify trunk line(s) impacted on site plan)
Water: Demand in GPD =
The project is not a residential project.
N/A
N/A
4.67 EDU
N/A
N/A
PLDA C
672 ADT
No. 4
N/A
CUSD
4.67 EDU
N/A
1.027 GPD
. .-_ /7
-
’ . BACKGROUND DATA SHEE I
CASE NO: CUP 90-03(B)
CASE NAME: COSTCO OUTDOOR SEATING
APPLICANT: Costco Wholesale, Inc.
REQUEST AND LOCATION: A Conditional Use Permit Amendment to allow 24 additional
tables with chairs in the existing outdoor eating area associated with the Costco food court. on
the south side of Palomar Airport Road, between Armada Drive and Paseo de1 Norte in Local
Facilities Management Zone 5.
LEGAL DESCRIPTION: Parcel 2 of Parcel Man 17542, filed in Office of the Countv
Recorder on June 27, 1995. in the Citv of Carlsbad, Countv of San Diego, State of California.
APN: 21 l-040-35 Acres: 14.8 Proposed No. of Lots/Units: N/A
GENERAL PLAN AND ZONING
Land Use Designation: Regional Commercial (R)
Density Allowed: N/A Density Proposed: N/A
Existing Zone: C-2-O Proposed Zone: C-2-Q
Surrounding Zoning and Land Use: (See attached for information on Carlsbad’s Zoning
Requirements)
Zoning Land Use
Site C-2-Q Costco Warehouse
North O-S Flower fields
south o-s Open Space
East L-C Vacant pad
West R-P Vacant site
PUBLIC FACILITIES
School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity): 4.67 EDU
Public Facilities Fee Agreement, dated: April 14, 1997
ENVIRONMENTAL IMPACT ASSESSMENT
0 Negative Declaration, issued
cl Certified Environmental Impact Report, dated
lxl Other, Notice of Exemption per Section 153 11 of the State CEOA Guidelines
3. CUP 90-0318) .- COSTCO OUTDOOR SEATING - A request for a Conditional Use Permit
Amendment to allow 24 additional outdoor tables with chairs at the existing food court at the
Costco Warehouse located on the south side of Palomar Airport Road, between Armada Drive
and Paseo del Norte, in Local facilities Management Zone 5.
.
Chairperson Nielsen announced that if the Commission recommends approval of this item, it will be
forwarded !? the City Council for it’s consideration.
Project Planner, Michael Grim, presented the staff report and described the project as foliows: This is a
MyJeSt from Costco Wholesale to amend their existing Conditional Use Permit, to condone 24 of the
existing tables and chairs that are located in front of the Costco building, at the existing eating area for the
restaurant take-out services. The original Price Club approval included a CUP, as required for any take-
out restaurant where food is not served within a dining area. However, that original CUP limited the number of tables to six. During a review of the most recent approval on the Costco site, which was the
gasoline station, it came to staffs attention that Costco has thirty tables instead of the approved six tables.
Staff prOtT@ly required the applicant to apply for a Conditional Use Permit amendment and go through
the Public Hearing process. Since this is in the area covered by the Urgency Ordinance No. 414, if must
go to the City Council and the Planning Commission’s action will be considered a recommendation to the
City Council. In addition to verifying that all tables and chairs are out of pedestrian circulation areas and
do not take up any parking or landscaping areas, staff looked at the total number of parking spaces
remaining. Because the use of 900 square feet for these additional tables and chairs were not originally
envisioned to be covered, nine additional parking spaces would be required to accommodate the extra
tables. Staff also looked into the effect of the tables on traffic generation. Several traffic studies have
been made on this site, most recently for the proposed Carl’s Jr. restaurant and the Costco gasoline
station. It has been determined the additional tables (in use for over one year) were taken into
consideration in the aforementioned traffic studies and there areno impacts. Regarding parking, there
are a total 810 existing parking spaces in the Costco parking lot. The total spaces required for all of the
current and proposed uses on this property is 584, leaving an excess of 228 spaces. Initially Costco
proposed (and built) extra parking and staff will most likely not recommend that all 226 spaces be used up by future activities. Each subsequent proposal to amend the Site Development Plan or Conditional Use Permit will have to be based on its own merit and existing parking counts and studies. Taking into
account all of the potential impacts, staff reviewed the project and found that it is consistent with all of the
applicable codes, regulations, and policies, including but not limited to the General Plan, the Local Coastal
Program, the Zoning Ordinance, and the Local Facilities Management Plan- Therefore, staff is
recommending the Planning Commission’s approval of CUP 90-03(B)-
Chairperson Nielsen opened Public Testimony and offered the invitation to speak. Seeing no one wishing ’
to testify, Chairperson Nielsen closed Public Testimony.
Commissioner Compas asked Mr. Grim if he knows why the applicant failed to meet the Six table limitation
that was originally granted.
Mr. Grim replied that he would have to guess as to the reason and stated that it is probably because their
outdoor food service is much more popular than they had anticipated and rather than having folks
MINUTES
PLANNING COMMIS: ,‘.I December 3,1997 Page 9
standing around or taking food to their cars, they decided to add more tables. In addition, that area was
“dead space” as far as the site plan was concerned, and wasn’t needed for circulation. Even after they put
the new tables out, there were no problems with circulation. Mr. Grim stated that he assumes that they
were just trying to provide more services to the patrons and didn’t realize that that would affect their CUP.
Commissioner Compas asked if there is something the City can do to ensure that they meet this new
requirement.
Mr. Grim replied that this new CUP has the annual review requirements and also has a five year limit. The
original CUP for the Price Club and outdoor eating had no review period and no expiration, which probably
contributed to the fact that staff did not go out there to check to see how many tables and chairs were
actually there and checking the Conditions of Approval on an annual basis.
.
Commissioner Welshons asked if there is a Sfoot passageway on the eastern side of the dining area and
what is required for pedestrian circulation.
Mr. Grim replied that at least the minimum width of any pedestrian passage area is 42 inches which
accommodates the State’s Handicapped Accessible requirements. Mr. Grim pointed out that there are no
curbs in front of the warehouse, two crosswalks, and plenty of room for everyone to get around.
ACTION:
VOTE:
AYES:
NOES:
ABSTAIN:
Motion by Commissioner Compas, and duly seconded, to adopt Planning
Commission Resolution No. 4209, recommending approval of a Conditional Use
Permit Amendment (CUP 90-03(B)), based upon the findings and subject to the
conditions contained therein.
7-o
Nielsen, Noble, Heineman, Savary, Monroy, Welshons, and Compas
None
None
PROOF OF PUB. - /ATION
(2010 & 2011 C.C.P.)
STATE OF CALIFORNIA
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 the principal clerk of the printer of
North County Times
formerly known as the Blade-Citizen and The
Times-Advocate and which newspapers have been
adjudged newspapers of general circulation by the
Superior Court of the County of San Diego, State of
California, under the dates of June 30, 1989
(Blade-Citizen) and June 21, 1974 (Times-
Advocate) case number 171349 (Blade-Citizen)
and case number 172171 (The Times-Advocate)
for the cities of Escondido, Oceanside, Carlsbad,
Solana Beach and the North County Judicial
District; that the notice of which the annexed is a
printed copy (set in type not smaller than
nonpareil), has been published in each regular and
entire issue of said newspaper and not in any
supplement thereof on the following dates, to-wit:
Jkcerker 26, 1997
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
San Marcos
Dated at California, this 26th day
of Dec. 1997 __-- A4 - --- -- ___ --------- / Signature
NORTH COUNTY TIMES
Legal Advertising
This spacl d for the County Clerk’s Filing Stamp
Proof of Publication of
_ mtke-0 bs&ssi _ _ - - _ _ _ _ _
NOTICE IS HEREBY GIVEN to you that the City Counctt of Iho City of CMebad wiWholdapuMichearingettheCItyCoundl~mbeni,l200~~
Drive Carlsbad, California, at 6:OO p.m., on Tuesday, Januaw 6, 1998, to congi&r a request for a Condllonal Use Permit Amendment to allow 24 addiM- outdoor tables with chairs at the existing food court at the CostoJ ~hOUS0 017 property generally located on the south side of Palomar Airporl Road, belwwn Armada Drive and Paseo del No&, in Local Facilities Management Zone 5, and more particularly described as:
Parcel 2 of Parcel Map 17542, filed in the Office of the County Recorder on June 27,lW, in the City of Cartsbad, County of San DIego, State of California.
,
n pu cWm9 th-8 Gand#Lonl Usg Pemllt ill
dm@ewnthisnatics,fftn
.mHtbi, car-pondace &&ered to the City Of. rhr@badclty~smw ,at, or prior to, the public
(Form A)
TO: CITY CLERK’S OFFICE
FROH: PLANNING DEPARTMENT . .
RE: PUBLIC HEARING REQUEST
Attached are the materials necessary for you to notice
Cup 90-03(B) - Costco Outdoor Seating
for a public hearing before the City Council.
Please notice the item for the council meeting of First Available Hearing
.
Thank you.
Assistant City Man--
December 15, 1997
Oate
NOTICE OF PUBLIC HEARING
CUP 90-03(B)- COSTCO OUTDOOR SEATING
NOTICE IS HEREBY GIVEN to you that the City Council of the City of Carlsbad
will hold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m., on Tuesday, January 6,
1998, to consider a request for a Conditional Use Permit Amendment to allow
24 additional outdoor tables with chairs at the existing food court at the
Costco Warehouse on property generally located on the south side of Palomar
Airport Road, between Armada Drive and Paseo de1 Norte, in Local Facilities
Management Zone 5, and more particularly described as:
Parcel 2 of Parcel Map 17542, filed in the Office of the
County Recorder on June 27, 1995, in the City of Carlsbad,
County of San Diego, State of California.
If you have any questions regarding this matter, please contact Michael
Grim, in the Planning Department, at (760) 438-1161, extension 4499.
If you challenge the Conditional Use Permit 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: Costco Wholesale, Inc.
PUBLISH: December 26, 1997
CARLSBAD CITY COUNCIL
. .
. .
COSTCO OUTDOOR SEATING
CUP 90=03(B)
*-I i, -fx I _ <$---I
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will
hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad,
California, at 6:00 p.m. on Wednesday, December 3, 1997, to consider a request for a
Conditional Use Permit Amendment to allow 24 additional outdoor tables,with chairs at
the existing food court at the Costco Warehouse on property generally located on the
south side of Palomar Airport Road, between Armada Drive and Paseo del Norte, in
Local Facilities Management Zone 5 and more particularly described as:
Parcel 2 of Parcel Map 17542, filed in the Office of the
County Recorder on June 27, 1995, in the City of Carlsbad,
County of San Diego, State of California
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 November 26,
1997. If you have any questions, please call Michael Grim in the Planning Department
at (760) 438-l 161, extension 4499.
If you challenge the Conditional Use Permit Amendment 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: CUP 90-03(B)
CASE NAME: COSTCO OUTDOOR SEATING
PUBLISH: NOVEMBER 21,1997
CITY OF CARLSBAD
PLANNING DEPARTMENT
2075 Las Palmas Dr. - Carlsbad, CA 92009-l 576 - (760) 436-11610 FAX (760) 438-0894 @
CARLSBAD UNIF SCHOOL DIST
801 PINE AVE
CARLSBAD CA 92008
LAFCO
1600 PACIFIC HWY
SAN DIEGO CA 92101
CITY OF CARLSBAD
ENGINEERING DEPT
SD COUNTY PLANNING
SUITE B
5201 RUFFIN RD
SAN DIEGO CA 92123
AIR POLLUTION CNTRL DIST
9150 CHESAPEAKE DR
SAN DIEGO CA 92123
CITY OF CARLSBAD
COMMUNITY SERVICES
REGIONAL WATER QUALITY BRb
STE B
9771 CLAIREMONT MESA BLVD
SAN DIEGO CA 92124
CALIF DEPT OF FISH & GAME
SUITE 50
330 GOLDENSHORE
LONG BEACH CA 90862
, I.P.U.A.
SCHOOL OF PUBLIC ADMIN AND
URBAN STUDIES
SAN DIEGO STATE UNIVERSITY
_ SAN DIEGO CA 92182-4505
(ABOVE ADDRESS - For City
Council Notices Only)
PROJECT PLANNER
MIKE GRIM
CITY OF CARLSBAD
WATER DISTRICT
-&p qo-L/3c&)- &q&J -2&3t%5 .
CARLSBAD PROPERTIES INC 520 S VIRGIL AVE LOS ANGELES CA 90020
CORPORATE L CARLSBAD PO BOX 15163 LAS VEGAS NV' 89114
CHILDRENS ROSE ORCO CONSTRUCTION SUPPL 2100 RITCHEY ST*S 92705
JACQUELINE CRIVELLO 501 W BROADWAY 1220 SAN DIEGO CA 92101
IMPERIAL INDUSTRIAL GRO 7825 FAY AVE 250 LA JOLLA CA 92037
JAMES & DOROTHY GAISER 3340 RIDGECREST DR CARLSBAD CA 92008
DEALY PO BOX 5 SOLANA BEACH CA 92075
_-
MULTI- .- . .
PO BOX 7576 STGCKTON CA 95267
*** 23 Printed +**
SPIEKER PROPERTIES LP 9255 TOWNE CENTRE DR 10 SAN DIEGO CA 92121
JACQUELINE CRIVELLO 501 W BROADWAY 1220 SAN DIEGO CA 92101
PAUL & PEGGY HADLEY PO BOX 12727 PALM DESERT CA 92255
RICHARD WILLIAMS PO BOX 177 SAN LUIS REY CA 92068
CARLBUS ASSOCIATES L 5600 AVENIDA ENCINAS CARLSBAD CA 92008
JCM TOM COMPANY 1524 DORCAS ST SAN DIEGO CA 92110
RAY WINTER PO BOX 290 DALLAS TX 75221
I
U D C HOMES INC 438 CAMINO DEL RIO S SAN DIEGO CA 92108
P 10
11
AMERCO REAL ESTATE CO PO BOX 29046 PHOENIX AZ 85038
PAUL & PEGGY HADLEY PO BOX 12727 PALM DESERT CA 92255
GLASJAR FUNDING LP 14651 DALLAS PKY 500 DALLAS TX 75240
PRICE CO THE 999 LAKE DR ISSAQUAH WA 98027
PRICE ENTERPRISES INC 4649 MORENA BLVD SAN DIEGO CA 92117
TURPANJIAN SALES CORP 2080 WASHINGTON AVE TORRANCE CA 90501
WINTER 1745 ROCKY RD FULLERTON CA 92831
A notice has been mailed to all property owners/occupants
listed herein.
Signatury v$@ /