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Home My WebLink About2000-06-21; Planning Commission; ; SDP 90-05F/CUP 99-28/CDP 99-55 - OSCAR'S CARLSBAD&e City of Carlsbad Planning Departme. 1.9- A REPORT TO THE PLANNING COMMISSION GJP Item No.(!) P.C. AGENDA OF: June 21, 2000 Application complete date: April 26, 2000 Project Planner: Barbara Kennedy Project Engineer: Jeremy Riddle SUBJECT: SDP 90-05(Fl/CUP 99-28/CDP 99-55 -OSCAR'S CARLSBAD -Request for a recommendation of approval for a Negative Declaration, Conditional Use Permit and Coastal Development Permit; and approval of a Site Development Plan Amendment, to allow finish grading and construction of a restaurant located on a vacant pad within the Costco center on the southwest corner of the intersection of Palomar Airport Road and Armada Drive in the C-2-Q zone, within the City's Coastal Zone, the Commercia!Nisitor Serving Overlay Zone, and Local Facilities Management Zone 5. I. RECOMMENDATION This item was scheduled for June 7, 2000, but was continued to allow for proper noticing. ATTACHMENTS: I. Planning Commission Resolution No. 4780 (Neg. Dec.) 2. Planning Commission Resolution No. 4781 (SOP) 3. Planning Commission Resolution No. 4782 (CUP) 4. Planning Commission Resolution No. 4783 (COP) 5. Staff Report dated June 7, 2000 with attachments BK:mh .e City of Carlsbad Planning Deparlcnt ~/L A REPORT TO THE PLANNING COMMISSION P.C. AGENDA OF: June 7, 2000 Item No.@ Application complete date: April 26, 2000 Project Planner: Barbara Kennedy Project Engineer: Jeremy Riddle SUBJECT: SDP 90-05(F)/CUP 99-28/CDP 99-55 -OSCAR'S CARLSBAD -Request for a recommendation of approval for a Negative Declaration, Conditional Use Permit and Coastal Development Permit; and approval of a Site Development Plan Amendment, to allow finish grading and construction of a restaurant located on a vacant pad within the Costco center on the southwest corner of the intersection of Palomar Airport Road and Armada Drive in the C-2-Q zone, within the City's Coastal Zone, the CommerciaWisitor Serving Overlay Zone, and Local Facilities Management Zone 5. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 4780, 4781 and 4782 RECOMMENDING APPROVAL of the Negative Declaration, Conditional Use Permit CUP 99-28, and Coastal Development Permit CDP 99-55; and Resolution No. 4783 APPROVING Site Development Plan Amendment SDP 90-05(F), based on the findings and subject to the conditions contained therein. II. INTRODUCTION The applicant is requesting approval of a Site Development Plan Amendment and a recommendation of approval from the Planning Commission to the City Council for a Conditional Use Permit and Coastal Development Permit to allow the construction of an Oscar's restaurant on a 1.75 acre pad within the Costco center in the C-2-Q zone in Local Facilities Management Zone 5. Findings required to approve the Site Development Plan Amendment, Conditional Use Permit, and Coastal Development Permit can be made, and the project is consistent with the General Plan, the CommerciaWisitor Serving Overlay Zone, relevant LCP policies, and relevant zoning regulations of the Carlsbad Municipal Code. Ill. PROJECT DESCRIPTION AND BACKGROUND The subject site is located within the Costco center at the southwest corner of Palomar Airport Road and Armada Drive. At the time that SDP 90-05 was approved for the center, it was anticipated that the 1. 75 acre site would be developed with a 5,000 square foot retail building. However, the SDP did not restrict the use of the pad to retail only. The SDP required that in order to proceed with any development on the pad, an SDP amendment is required. Therefore, the applicant is now requesting a site development plan amendment in conjunction with a conditional use permit and coastal development permit to allow a 5,250 square foot restaurant with 1,800 square feet of outdoor dining. SDP 90-05(F)/CUP 99-28-P 99-55 -OSCAR'S CARLSBAD • June 7, 2000 Pa e 2 The site is bounded on the north by Palomar Airport Road; on the south by the Costco gas station, on the east by the entrance road to Costco and a vacant Planned Industrial site beyond, and on the west/southwest by the Costco parking lot and the Costco building. The site consists of a rough-graded pad on the east half of the lot with 70 existing parking spaces located on the west half of the lot. Slopes ranging up to 5 feet in height provide a transition from the pad to the surrounding sidewalk on the east and south. The north side of the site slopes upward towards Palomar Airport Road approximately 10 feet. Ornamental landscaping and trees are established on the slopes and the graded pad area is devoid of any significant vegetation. Finish grading for the site will result in about 1,100 cubic yards of export. The proposed finished floor elevation of the building is about one foot lower than the existing graded pad. The proposed building is located in the northeast comer of the lot with the parking lot located to the west. Nineteen new parking spaces are proposed along the northern edge of the property. The single-story, 5,250 square foot restaurant exhibits a Contemporary Southwest Architectural Style that is consistent with the Commercial/Visitor-Serving Overlay guidelines. The building features a two-toned off-white/light tan color stucco exterior with a combination of flat-roof and pitched-roof elements. The top-of-parapet, adjacent to the flat roof areas, is 24.5 feet high. Four 35-foot high stuccoed accent towers, with low-pitched hip roofs, are located on each side of the building. The parapet and tower elements combine with a roof screen to obscure the roof equipment from surrounding views. An I ,800 square foot outdoor dining area, located to the south of the building, is enclosed by a 2 foot high stucco wall topped with 3 feet of plexi-glass and is covered with a mission tile roof supported by stuccoed columns. A variety of details, such as columns, arched elements, exposed rafters, pre-cast cornices and corbels, multi-paned windows, and "Juliet" balconies enhance the architectural design. The architectural style is consistent with and complementary to many of the surrounding buildings, including Grand Pacific Resorts and the Carl Strauss Brewery Restaurant. The existing trees within the parking lot and perimeter of the site will be incorporated into the new landscape plan. Broadleaf evergreen canopy trees are proposed near the new parking areas and south of the outdoor dining area. Queen palms are proposed as an accent tree along the east side of the building and as a focal point at the building entrance. Foundation and accent plants consist of tree ferns, pygmy date palms, and heavenly bamboo in addition to a variety of colorful shrubs and groundcovers. The landscape plan provides a 50 foot wide landscape buffer between the outdoor dining area and the primary drive aisle and gas station. Enhanc.ed paving, which accents the entry to the restaurant, provides a "pedestrian friendly" connection from the parking lot to the building and is also incorporated into the design of the passenger drop-off turnout. The proposed project is subject to the following land use plans, policies, programs, and zoning regulations: A. General Plan - R (Regional Commercial) B. Carlsbad Municipal Code, Title 21 (Zoning Ordinance) including: 1. Chapter 21.208 (Commercial/Visitor Serving Overlay Zone) 2. Chapter 21.28 (C-2 General Commercial Zone) SDP 90-05(F)/CUP 99-2.DP 99-55 -OSCAR'S CARLSBAD • June 7, 2000 Pa e 3 3. Chapter 21.42 (Conditional Uses) 4. Chapter 21.06 (Qualified Overlay Zone) C. Site Development Plan SDP 90-05 D. Scenic Corridor Guidelines E. McClellan Palomar Airport Comprehensive Land Use Plan F. Mello II Segment of the Local Coastal Program, Coastal Development Procedures and the Coastal Resource Protection Overlay Zone (Chapter 21.201 and 21.203 G. Growth Management (Local Facilities Management Zone 5) IV. ANALYSIS The recommendation of approval for 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 the regulations/policies utilizing both text and tables. A. General Plan The following Table 1 identifies General Plan goals and objectives relevant to the proposed project and indicates the compliance of the proposal. TABLE 1-GENERAL PLAN COMPLIANCE ELEMENT USE, CLASSIFICATION, GOAL PROPOSED USES & COMPLY? OBJECTIVE, OR PROGRAM IMPROVEMENTS Land Use Site is designated for Regional The project is a commercial Yes Commercial land uses. service use adjunct to a regional center and will serve the daily convenience needs of customers. Circulation Provision of an adequate circulation The levels of service of Yes infrastructure concurrent with or adjacent roadways indirectly prior to the actual demand for such serving the project will not be facilities. reduced to unacceptable levels by the traffic generated by the proposed restaurant. Provision of safe, adequate, and The on-site parking and attractively landscaped parking circulation system has been facilities. adequately designed and landscaped Housing Achieve a balance between jobs and Project is conditioned with Yes housing appropriate to those wages. standard non-residential affordable housing linkage fee. SDP 90-05(F)ICUP 99-2-P 99-55 -OSCAR'S CARLSBAD • June 7, 2000 Pa e4 Open Space & Conservation Public Safety Parks and Recreation B-1/B-21C Utilize Best Management Practices The project will conform to all Yes for control of storm water and to NPDES requirements and best protect water quality. Management Practices. Design all structures in accordance The restaurant building will be Yes with the seismic design standards of designed in conformance with the UBC and State building all seismic design standards. requirements. To finance future public parks and Project is conditioned to pay Yes recreation facilities. non-residential park impact fee for Zone 5. Commercial/Visitor Serving Overlay Zone I General Commercial Zone I Site Development Plan SDP 90-0S(F) The project site is located in the C-2 (General Commercial Zone) and the CommercialNisitor Serving Overlay Zone. The project is considered a commercial use and is required to comply with the Commercia!Nisitor-Serving Overlay Zone design and development standards (Chapter 21.208). In addition, the project is subject to the previous approvals for SDP 90-05, including mitigation measures included in the Conditional Negative Declaration. If the Commission approves the development proposal, new Planning Commission Resolution 4781 approving SDP 90-05(F) will supplement the approvals contained in the previous resolutions. In order to find that the proposed restaurant use is still consistent with the intent, findings, and conditions of the original SDP, parking and traffic issues surfaced as primary concerns. The traffic study and parking analysis for the original Price Club (Costco) project analyzed the Oscar's site as a 5,000 square foot retail use. A shared parking and access agreement binds the two sites and adequate parking to serve both uses is required. The proposed restaurant use creates a higher parking demand and a higher traffic generation rate than the previously anticipated retail use. Therefore, the parking requirements and ADT need to be reevaluated in order to assure that adequate parking can be provided and that the level of service (LOS) of the affected roadways and intersections will not decrease to unacceptable levels. Parking The Costco site has a total of 7 42 spaces and 513 spaces are required for the Costco uses which currently exist. The Oscar's restaurant requires 103 spaces. The Oscar's site has been designed to include 19 new parking spaces for a total of 89 parking spaces (70 existing and 19 new). The 14 additional spaces required for Oscar's would be provided through the shared parking agreement. In contrast, a 5,000 square foot retail use would require 17 parking spaces. The following table compares the parking requirements for the two scenarios. SDP 90-05(F)/CUP 99-2.DP 99-55 -OSCAR'S CARLSBAD • June 7, 2000 Pa e 5 TABLE 2-PARKING ANALYSIS #OF SPACES #OF SPACES SCENARIO 1 REQUIRED PROVIDED Costco 513 742 Oscars 103 89 Total: 616 831 SCENARI02 Costco 513 742 5,000 s.f. retail 17 70 Total: 530 812 "EXTRA" SPACES 229 -14 215 229 53 282 Adequate parking for both Costco and Oscars can be provided although the number of "extra" spaces is reduced in comparison with the retail scenario. Based on observations of the site on numerous occasions, it is apparent that the parking within the center is more than adequate. As would be assumed, parking spaces near Costco are more heavily used, while those on the Oscar's site are rarely occupied. The exception to this typical scenario is during major holidays such as Thanksgiving and Christmas. Given that under the current proposal a total of 215 "extra" parking spaces are provided, it is anticipated that the parking required for the proposed Oscar's restaurant will not significantly impact the availability of parking spaces for Costco shoppers. Traffic A traffic study was submitted for the development proposal which indicates that the restaurant would generate approximately I, 195 ADT. The original Price Club traffic study anticipated a 5,000 square foot retail building on this site that would generate 200 ADT. The new study indicates that the intersections which were analyzed currently operate at LOS C or better with the exception of Palomar Airport Road/1-5 Northbound which operates at LOS D. Buildout and buildout plus project projections indicate that the Palomar Airport Road/ Armada Drive intersection will operate at LOS D. The proposed project will add a minimal amount of traffic to this location in the PM peak hour (96 ADT). The increase in vehicle trips has been analyzed and based on City traffic studies and the proposed Palomar Airport Corridor Improvements, no additional mitigation is required. The Engineering Department has required that a condition be included which would restrict the hours of operation of the restaurant to exclude the period from 6:00 am -9:00 am Monday through Friday, excluding holidays. This restriction is an effort to reduce congestion on Palomar Airport Road. If approved, the condition may be modified at a later date as an administrative amendment by the City Engineer based on a traffic report and findings that levels of service would not be reduced to an unacceptable standard. The project has also been evaluated for compliance with the new Commercia!Nisitor Serving Overlay Zone standards and the C-2 development standards. The project has been analyzed using the most restrictive standards. Compliance with these standards is summarized in the table below. SDP 90-05(F)/CUP 99-2&P 99-55 -OSCAR'S CARLSBAD • June 7, 2000 Pa e 6 STANDARD PARKING (Commercial/Visitor Serving Overlay Zone) SIGNS (Commercial/Visitor Serving Overlay Zone) BUILDING HEIGHT (C-2 zone) ( Commercial!V isitor Serving Overlay Zone) BUILDING SETBACKS (Commercial/Visitor Serving Overlay Zone) TABLE3-DEVELOPMENTSTANDARDS COMPLIANCE SUMMARY TABLE REQillRED PROJECT COMPLIANCE 0 Restaurant: 20 spaces plus 1150 0 89 spaces provided on Oscar's sq. ft in excess of 2,000 sq. ft. parcel, 14 spaces used from (85 spaces) excess spaces within the Costco Outdoor dining: 11100 sq. ft parking lot for a total of I 03 (18 spaces) required spaces. 0 Shuttle bus circulation and 0 Independent shuttle bus and passenger drop-off/pick-up passenger drop-off/pick-up facilities recommended. facilities provided at entrance to restaurant. 0 I sq. ft per lineal foot of bldg. 0 Signage proposed ~ 50 sq. ft. frontage (max allowed ~ 54 sa. ft.) 0 Max. 35 foot building height 0 35 feet to highest point 0 24.5 feet to top of parapet 0 Screen rooftop equipment 0 Roof equipment adequately screened 0 50 foot setback from Palomar 0 60' setback to trash enclosure Airport Road wall from PAR r.o.w. 0 72 '-9"setback to face of building wall from PAR r.o.w. 0 I 0 foot side and rear setback 0 Greater than 10 feet to all structures from side and rear property lines 0 Miniroum 30' x 30' decorative 0 Over 1,700 sq. ft. of decorative paving in the priroary dtiveway paving at priroary driveway approach (900 sq. ft.) approach and drop-off area at building entrance BLDG. MATERIALS/COLORS 0 Higb quality materials 0 Mission tile roof/stucco (Commercial/Visitor Serving exterior. pre-cast concrete Overlay Zone) architectural accents 0 Primary colors cannot dominate 0 Priroary building colors are off- building white/light tan. Yellow accent awnings do not dominate building ARCHITECTURAL STYLE 0 Contemporary Southwest 0 Exhibits Contemporary (Commercial/Visitor Serving Architectural Style Southwest Architectural style Overlay Zone) through the use of mission clay tile, stucco walls, arches, exposed wooden beams, low- pitched roofs, multi-paned windows, glazed/decorative tile, and stamned concrete naving LIGHTING 0 Exterior lighting shall not cause 0 The project is conditioned to (SDP 90-05) a glare outside the project area. submit a lighting plan for review by the Planning Department to evaluate the proposed exterior lighting SDP 90-05(F)ICUP 99-2.DP 99-55 -OSCAR'S CARLSBAD • June 7, 2000 Pa e 7 LANDSCAPING • Parking lot trees at I tree per 6 • (Commercial/Visitor Serving spaces w/minimum of 50% at Overlay Zone) 24 inch box sizes (15 req'd) • Setback trees at I tree per I 000 • SF of calculated setback area w/minimum of 50% at 24 inch box sizes • Screening of parking spaces, • trash enclosures, etc. Parking lot trees: 13 existing; 7 new provided at 100% 24 inch box sizes Setback trees: existing trees satisfy requirement and are supplemented with additional trees. Parking lot is located below PAR road elevation and is screened by landscaping; trash enclosure is not visible from adjacent public streets and is screened with solid roof element; roof equipment is screened by the roof parapet and equipment screen B-1/B-3/B-4 Commercial/Visitor Serving Overlay Zone I Conditional Use Permit I "Q" Overlay Zone A restaurant is a permitted use in the C-2 zone, however, the "Q" Overlay Zone requires approval of a site development plan, which in this instance will consist of an amendment to the site development plan for the original Price Club project (SOP 90-05). In addition, commercial projects located within the Commercia!Nisitor Serving Overlay Zone require approval of a conditional use permit by the City Council. The four findings for both the site development plan amendment and conditional use permit are nearly identical and the required findings with justification for each are summarized in this section. 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. The proposed restaurant is a permitted use in the C-2 zone and will provide a service for the residential, tourist and business communities. The proposed restaurant is not detrimental to the existing Costco uses in that it is sited so that it does not produce any on-site parking or circulation impacts. The project incorporates the required development standards of the Commercia!Nisitor Serving Overlay Zone which ensure compatibility of the project with the community. 2. That the site for the intended use is adequate in size and shape to accommodate the use. The 1.75 acre site is adequate in size and shape to accommodate the proposed use in that the restaurant can fit within the existing graded pad area without disrupting the existing internal circulation or diminishing parking below that required by the Zoning Ordinance. The project has a shared parking and reciprocal access agreement with the Costco site and the proposal has been evaluated to ensure that adequate parking can be provided for both uses. SDP 90-0S(F)/CUP 99-2&P 99-55 -OSCAR'S CARLSBAD • June 7, 2000 Pa e 8 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. The project complies with all of the development standards and parking requirements of the Commercia!Nisitor Serving Overlay Zone and C-2 zone. Design features necessary to ensure compatibility with the surrounding development have been incorporated into the project. For example, the Contemporary Southwestern Architectural Style of building and the colors/materials have been designed to comply with the . requirements of the Commercia!Nisitor Serving Overlay Zone and the architectural style is complementary to surrounding buildings. Features have been incorporated into the building design to ensure that the proposed roof equipment will be adequately screened from view. In addition, adequate setbacks are provided around the building to accommodate landscaping and a 50 foot landscape buffer is provided to screen views from the outdoor eating area towards the gas station. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. A traffic study was submitted for the development proposal which indicates that the restaurant would generate approximately 1,195 ADT. The proposed project will add a minimal amount of traffic to this location in the PM peak hour (96 ADT). The increase in vehicle trips has been analyzed and based on City traffic studies and the proposed Palomar Airport Corridor Improvements, the Engineering Department has found that the proposed use will not reduce the level of service of the surrounding roadways and key intersections to an unacceptable level and that the existing street system is adequate to properly handle the 1,195 ADT generated by the development proposal. Together with the above findings, the Commercia!Nisitor Serving Overlay Zone requires three additional findings as follows: 5. That the proposed project is adequately designed to accommodate the high percentage of visitor, tourist, and shuttle bus/alternative transportation users anticipated given the proposed use and site location within the overlay zone. The on-site circulation system has been adequately designed to accommodate the flow of traffic without creating conflicts between uses. Additionally, the project has been designed with a passenger drop-of£'pick-up area which will accommodate visitor, tourist, and shuttle bus transportation. Enhanced concrete paving at the primary drive entrance also provides a "pedestrian friendly" zone for customers walking between the parking lot and the restaurant. 6. That the building form, building colors and building materials combine to provide an architectural style of development that will add to the objective of high quality architecture and building design within the overlay zone. The building has been designed to reflect a Contemporary Southwest Architectural Style and represents a high quality of architectural design through the use of architectural details and SDP 90-0S(F)/CUP 99-2.DP 99-55 -OSCAR'S CARLSBAD • June 7, 2000 Pa e 9 building forms which are complementary to many of the surrounding buildings m the vicinity. 7. That the project complies with all development and design criteria of the overlay zone. As outlined previously in Table 2, the project meets or exceeds all of the development and design criteria of the overlay zone including, but not limited to parking, signage, building height, building setbacks, building design, and landscaping. D. Scenic Corridor Guidelines The project is in compliance with the Scenic Corridor Guidelines as they apply to Palomar Airport Road. The guidelines recommend maintaining substantial, heavily landscaped setbacks along the roadway to visually soften the impact of adjacent buildings. Landscaping which was installed for the Costco project provides the required landscape buffer for the Oscar's parcel. In addition, all parking areas are located at least 10 feet below the elevation of Palomar Airport Road. The building has been designed with a high quality of architectural detailing and the screening design for the proposed roof equipment has been architecturally integrated into the overall design. E. McClellan-Palomar Airport Comprehensive Land Use Plan Plans for the proposed project were sent to the staff of the San Diego Association of Governments (SANDA G) as they serve as staff to the County Airport Land Use Commission. SANDAG staff, in the attached letter dated May 24, 2000, found the project to be consistent with the McClellan-Palomar Airport Comprehensive Land Use Plan. F. Mello II Segment of the Local Coastal Program The 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 as a parking lot and graded pad with perimeter landscaping. No agricultural or environmentally sensitive lands exist on site. Because the proposal includes grading, the provisions contained in the Mello II land use policies prohibiting grading during the winter months (October 1st-April 1st) are included as conditions of approval. Since the project 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 topographically depressed site. Therefore, the proposed restaurant is consistent with the Mello II land use policies and the applicable implementing ordinances. G. Growth Management The proposed project is located within Local Facilities Management Zone 5 in the southwest quadrant of the City. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in the table below. SDP 90-05(F)/CUP 99-2~)p 99-55 -OSCAR'S CARLSBAD • June 7, 2000 Pa e 10 TABLE 3-GROWTH MANAGEMENT STANDARD IMPACTS Ci_ty Administration Not Applicable Library Not Applicable Waste Water Treatment 34EDU Parks $.40/ sq. ft. req'd. Drainage PLDAAreaC Circulation 1,195 ADT Fire Station No. 4 Open Space Not Applicable Schools CUSD Sewer Collection System 34EDU Water 7,501 GPD V. ENVIRONMENTAL REVIEW COMPLIANCE? Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Earlier analysis of development on the property has been conducted on two occasions. First, the General Plan Update (GPA 94-01) and related Master Environmental Impact Report (MEIR 93- 01) reviewed the potential impacts of buildout of the City's General Plan, including transportation and air quality impacts. Secondly, the Conditional Negative Declaration dated February 28, 1991 reviewed the potential development impacts of the original Price Club project (SDP 90-05) which included the subject property. Since the project involves the construction of a restaurant on an existing pre-graded pad, the potential impacts in the area of land use and planning, population and housing, biological resources, energy and mineral resources, hazards, public services, utilities and service systems, and cultural resources have already been discussed and addressed in the Master Environmental Impact Report. Therefore, with regard to these potential impacts, there will be no additional significant effects due to this development that were not adequately analyzed in the MEIR and no new or additional mitigation measures or alternatives are required. All feasible mitigation measures identified in the previous MEIR which are appropriate to this project have been incorporated into the project. The original development proposal analyzed the site as a potential 5,000 square foot retail site. The current proposal for a restaurant creates additional traffic impacts and parking requirements that were not analyzed under the previous Conditional Negative Declaration. In addition, the potential visual aesthetic impacts of the restaurant were not fully addressed in the previous environmental reviews. Therefore, these potential impacts are analyzed through the current environmental documentation. Upon review of the proposed development, the Planning Director determined that no significant adverse environmental impacts would result from the proposed development, and therefore, issued and duly noticed a Negative Declaration on April 24, 2000. No comments were received during the 30 day public review and comment period. SDP 90-0S(F)ICUP 99-2.DP 99-55 -OSCAR'S CARLSBAD • June 7, 2000 Pa e II ATTACHMENTS: I. Planning Commission Resolution No. 4780 (Neg. Dec:) 2. Planning Commission Resolution No. 4781 (SDP) 3. Planning Commission Resolution No. 4782 (CUP) 4. Planning Commission Resolution No. 4783 (CDP) 5. Location Map 6. Disclosure Form 7. Background Data Sheet 8. Local Facilities Impact Form 9. Letter from SANDAG, dated May 24,2000 10. SDP 90-0S(D) Site Plan II. Reduced Exhibits "A"-"J," dated June7, 2000 BK:cs:mh • • OSCAR'S CARLSBAD SOP 90-05(F)/CUP 99-28/CDP 99-55 ~arlsbad -oscar's tit of c4arlsbad DISCLOSURE 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 at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defmed as "Any individual. firm, co-parmership, joint venture. assoctatton. social club. fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county. cit~ municipality. district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. I. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership. include the names. title. addresses of all individuals owning more than I 0% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES. PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation. include the names. titles. and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Oscar's -see attachment Corp/Part _____________ _ Title ____________ _ Title ______________ _ Address __________ _ Address. ____________ _ 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership. tenants in common, non-profit. corporation, etc.). If the ownership includes a corporation or partnership. include the names, title, addresses of all individuals owning more than I 0% of the shares. IF NO INDIVIDUALS OWN MORE THAN I 0% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv- owned corporation. include the names. titles. and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Robert M. Gans Corp/Part Price Smart, Inc • Title Exec. V.P.-Gen. Counsel Title ______________ _ Address 4649 Morena Blvd. Address --------------------San Diego, CA 92117 2075 Las Pal mas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894 / """·...::: 3. NON-PROFIT olaANIZATION OR TRUST • If any person identified pursuant to (I) or (2) above is a nonprofit organization or a trust. list the names and addresses of ~ person serving as an officer or director of the non-profi r organization or as trustee or beneficiary of the. NonProfiUTru~·----------------- Titlc. ___________ _ Add~~·------------------ NonProfiUTru~--------------- Title,...;·------------------ Adme~·----------------- 4. Have you had more than S250 worth of business uansacted with any member of City staff. Boards. Commissions, Committees and/or Council wnhin the past twelv4!1.{12) months? 0 Yes JZJ No If yes, please indicate person(s): __________________ _ NOTE: Attach additional sheets if necessary. I certify tha1aU the above infonnation is true and correct to the best of my knowledge . . \ ,. .. (I· c Signature of owner/date PriceSmart, Inc. c fu Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMINICOUNTERIDISC~OSURe STATEMENT 5/88 Page 2 of 2 Attachment Disclosure Statement • S & C Company, Inc DBA-Oscar's Restaurant October 25, 1999 Oscar Sarkisian Cha>rman 1484 La Plaza Dr. Lake San Marcos Ca. 92069 17.5% Martha P Sark1s1an Secretary 1484La Plaza Dr Lake San Marcos, Ca 92069 17 5% John Sark1s1an Chtef Executtve Officer P.O. Elox 970 Cardlft by the SeC!. CCI 92196 16% Bernadette Sark•stan P 0 Box 970 Cardiff by the Sea, Ca 92196 16% Tamara Sark151an-Celmo Pres1dent 8405 R1ce Court San D1ego, Ca 92129 27t:>J,, • 9823 Pactftc Hetghts Blvd . Sutte J San Otego. Ca 92121 F•d Tox 10# 33-05-40553 • • SECt:RlTIES OW:"iERSHIP OF CERTAIN BENEFICL.U. OWNERS A .. 'iD :\L-\_'iAGD!ENT The follomng table sets fonh certain information regarding the beneficial O\\nership of the Common Steck as of t-."ovember 16. !998 by (i) each of the Company's directors, (ii) each of the Company's Named Executive Oflicors (as defined herem). (iii) each person who is kno\\11 by the Company to O\\TI benefiaally more tJ-,an 5% of the Common Stock and (iv) all directors and executive officers as a group Raben E. Price(3) Gilben A. Partida( 4) Rafael E. Barcenas Katherine L. Hensley(5) Leon C. Janks(6) LawTence B. Krause(?) Raben M. Gans(8) Karen J. Ratcli.ff(9) Theodore A. Wallace(IO) Pezformance Capital, LP.(ll) 767 Titird Avenue, 16th Floor ~ew York. NY 10017 Wynnefield Pannero Small Cap Value, L.P.(I2) One Penn Plaza, Suite 4 720 New York, NY 10119 Sol Price( 13) 7979 Ivanhoe Avenue, Suite 520 La Jolla, CA 92037 ."-ll executive officers and directors as a group (10 persons)(l4) Less than I%. ;\wnb~rofSh::ll~ Percenu:~ or of Common Stock Common Stock Beneftci:illv o.ntedf2) Benefh:iaU.,· Owned 1,312,423 H.7% 34,550 • 2.716 • 6,253 • 6,087 • 3,666 • 37,569 • 18,750 • 43,580 • 326,500 6.1% 320,900 6.0% 1,780,249 33.5% 1,457,639 27.-'0/o ( l) Ex:ept as in<licated, the address of each person named in the table is clo PriceSman. Inc., 4649 Morena Blvd., San Diego, California 92I 17. (2) Beneficial O\mership of <lirectors, officers and 5% or more stockholders includes both outstan<ling Common Stock and shares issuable upon exercise of options that are currently exercisable or will become exercisable \'\ithin 60 days after the date of this table. Except as indicated in the footnotes to this table and pursuant to applicable community property laws, the persons named in the table have sole voting and investment power \\ith respect to all shares of Common Stock beneficially owned by them. (3 \ Includes 1,278 shares held by 1\-lr. Price as custodian for his ntinor children (UGlvtA-CA), 320,43~ shares held by the Raben and Allison Price Trust, of which Mr. Price is a trustee, 312,500 shares held by the Raben & Allison Price Charitable Trust, of which 1\-!r. Price is a trustee, 22,566 shares held by a trust for the benefit of 1\lr. Price's minor children, of which 1\-!r. Price is a truStee, and 655,645 shares held by the Price Fantily Charitable Fund. of which 1\-lr. Price is a <lirector. 1\lr. Price <lisclaims beneficial ownership of the shares held b\· the Price Fami!v Charitable Fund. . . .. (4 \ Includes 20.750 shares subject to options that are currently exercisable or "ill become exercisable within 60 days after the date of this table. Also includes 3 25 shares held in a tenants in common account with two ot.ier indi,iduals. Each of the indi,iduals has dispositive power with respect to the shares in the account. (5) Includes 3,371 shares subject to options that are currently exercisable or will become exercisable \\ithin 60 days after the date of this table. 2 (6) (7) (8) (9) (10) Includes 3,371 shares subje. options that are currently exercisable or "'become exercJsable "itlun 60 days after the date of this table. Includes 2.716 shares held by the Krause Family Limited Partnership. of which Mr. Krause is a general partner. Also includes 750 shares subject to options that are currently exercisable or "ill become exer::isable v.itlun 60 days after the date of this table. Includes 8. 7 50 held for !l.<fr. Gans' account in a profit sharing and 40 I (k) plan mamta.ined by his former employer. A.lso includes 28.819 shares subject to options that are currently exercisable or v.ill become exer::isable "itlun 60 days after the date of this table. Includes 10,000 shares subject to options that are currently exercisable or "ill become exercisable v.itlun 60 days after the date of this table. Includes 35,758 shares subject to options that are currently exercisable or will become exercisable within 60 days after the date of this table. (11) Includes 7,500 shares held by Performance Capitalll, L.P. and 6,200 shares held by Performance Offshore, Ltd. (12) Includes 120,359 shares held by Wynnefield Partner; Small Cap Value, L.P. -I and 63,520 shares held by Wynnefield Small Cap Value Offshore Fund, Ltd. (13) Includes 168,102 shares held by the Sol & Helen Price Trust, of which Mr. Price is trustee, 911,190 shares held by the Price Family Charitable Trust, of which Mr. Price is trustee, 655,645 shares held by the Price Family Charitable Fund, of which !vir. Price is a director, 8,737 shares held by the Marion Brodie. Trost. of which lvfr. Price is a trustee, and 36,575 shares held by the Dorothy Goldberg Trust, of which 1\.lr. Price is a trustee. Mr. Price disclaims beneficial ownership of the shares held by the Price Family Charitable Fund, the !>.!arion Brodie Trust and the Dorothy Goldberg Trust. (14) See notes (4)-{9). Also includes 26,875 shares beneficially owned by Thomas D. Manin {including 11,857 shares subject to options that are currently exercisable or will become exercisable within 60 days after the date of this table) and 8,750 shares beneficially owned by Kurt A May. PROPOSAL 1 ELECTION OF DIRECTORS The Board of Directors of the Company has nominated and recommends for election as directors the follov.ing six persons to serve until the next Annual Meeting of Stockholders and until their respective successors shall have been duly elected and shall qualify. All of the nominees are presently directors of the Company, and follo..,ing the Annual Meeting there will be no vacancies on the Board The enclosed Proxy will be voted in favor of the persons nominated unless otherwise indicated. If any of the nominees should be unable to serve or should decline to do so, the discretionary authority provided in the Proxy will be exercised by the present Board of Directors to vote for a substirute or substirutes to be designated by the Board of Directors. The Board of Directors does not believe at this time that any substirute nominee or nominees will be required. In the event that a nominee for director is proposed at the Annual Meeting, the enclosed proxy may be voted in favor of or against such· nominee or any other nominee proposed by the Board of Directors. 3 • • 1\I:Th'UTES OF MEETING OF THE BOARD OF DIRECTORS OF PRICESMART, INC A duly noticed meeting of the Board of Directors (the "Board") ofPriceSmart, Inc. (the "Corporation") was held on January 12, 1999 at the San Diego Hilton Beach and Tennis Resort, 1775 E. Mission Bay Drive, San Diego, California. The following directors participated throughout said meeting: Katherine Hensley, Leon Janks, Lawrence Krause, Gilbert Partida and Robert Price. Also present throughout the meeting were Kurt May, Robert Gans, Karen Ratcliff and Tom Martin. Additionally present during portions of the meeting were Jack McGrory, Ron deHarte and Ed Oats. Robert Price, Chairman of the Board, chaired the meeting; Robert Gans acted as Secretary of the meeting. • • • RESOLVED FURTHER, that management is directed to hereinafter invest cash held by PriceS mart, Inc. and its subsidiaries in a manner which complies with such Investment Policy. Appointment of Officers RESOLVED, that the persons identified in Exhibit "D" hereto be, and they hereby are, nominated and elected to the offices following their names, to hold office at the pleasure of this Board. Approval ofNovember 10 Board Minutes RESOLVED, that the Minutes of this Board's meeting of November 10, 1998 are approved. RESOLVED FURTHER, that each ofthe officers of this Corporation be, and hereby is, authorized and directed, on behalf of and in the name of the Corporation, to take such actions, and to execute, acknowledge and deliver such agreements, documents, applications or other instruments, as such officer may deem necessary or appropriate to carry out the intent of the foregoing resolutions or for the Corporation to perform its obligations under such agreements, such determination to be conclusively evidenced by the taking of such actions and the execution and delivery of such instruments. RESOLVED FURTHER, that the authority and power given hereunder shall be deemed retroactive and, all acts authorized hereunder performed prior to the date hereof hereby are, in all respects, ratified, confirmed and approved. Dated: January 12, 1999 Robert E. Price Chairman of the Board 4 Robert M. Gans Acting Secretary duly adjourned. Offic.erlist Gilbert A. Partida Kurt A. May Robert M. Gans Karen J. Ratcliff Thomas D. Martin Kevin C. Breen Ron 0. deHarte Thomas L. Hammer William J. Naylon Mary D. Chapin Glen C. Dobi Brud E. Drachman Walt H. Green Emesto J. Grijalva Laura E. Hensley John D. Hildebrandt Edward A. Oats Tuyet T. Vu • • OFFICERS OF PRICESMART, INC. Chief Executive Officer & President Executive Vice President and Chief Operating Officer Executive Vice President, Secretary & General Counsel Executive Vice President and Chief Financial Officer Executive Vice President Senior Vice President Senior Vice President -Marketing Senior Vice President Senior Vice President -Latin America North Operations Vice President Vice President Vice President Vice President Vice President -Latin America Legal Affairs Vice President -International Controller Vice President -Latin America South Operations Vice President Vice President -Domestic Controller EXHIBIT J) 1119/99 • BACKGROUNDDATASHEET. CASE NO: SDP 90-05(F)!CUP 99-28/CDP 99-55 CASE NAME: ,O,.s"'ca"'r__,'s,_,C"a"'r'""ls"'b""ad"'------------------------- APPLICANT: S & C Company, Inc. REQUEST AND LOCATION: Development of a 5,250 square foot restaurant with a 1,800 square foot outdoor dining patio on a pre-graded in-fill Jot located within the Costco center on the southwest comer of the intersection of Palomar Airport Road and Armada Drive. LEGAL DESCRIPTION: Parcel I of Parcel Map No. 17542, in the Citv of Carlsbad, Countv of San Diego, State of California, filed in the Office of the Countv Recorder of San Diego County, June 27 1995. APN: 211-040-34 Acres: 1.75 Proposed No. of Lots/Units: _ _,_N"-/A'-'----------- GENERAL PLAN AND ZONING Land Use Designation: R (Regional Commercial) Density Allowed: N'-"-'1 A..._ _____ _ Density Proposed: o:N"'/A'-'--------------- Existing Zone: C-2-0 -General Commercial -0 Overlay Zone Proposed Zone: N/ A Surrounding Zoning and Land Use: (See attached for information on Carlsbad's Zoning Requirements) Zoning General Plan Current Land Use Site C-2-Q R Vacant North OS OS Flower Fields South C-2-Q R Costco Gas Station East L-C PI Vacant West C-2-Q R Costco Warehouse PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): ~3"-4-'-------------------- ENVIRONMENTAL IMPACT ASSESSMENT ~ Negative Declaration, issued ,_A,.p,.,ri.,_l "'24"'''-'2..,0"'0"'0 ________________ _ 0 Certified Environmental Impact Report, dated _______________ _ 0 Other, • CITY OF CARLSBAD • GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: Oscar's Carlsbad-SDP 90-05(F)!CUP 99-28/CDP 99-55 LOCAL FACILITY MANAGEMENT ZONE:~ GENERAL PLAN: ~R ______ _ ZONING:~C~-2~-~--------------------- DEVELOPER'SNAME:~S~&~C~C~o~m~p~~~y4.~m~c~·------------------------------ ADDRESS: 9823 Pacific Heights, Suite J s~ Diego. CA 92121 PHONE NO.: 619-552-4920 ASSESSOR'S PARCEL NO.: .,21'-'1c:c-0,4,0""'-3""4 ______ _ QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): ....,1._,_,75'-'a""cr..,e,_s ____ _ ESTIMATED COMPLETION DATE:N/A A. City Administrative Facilities: Dem~d in Square Footage= Not Applicable B. Library: Dem~d in Square Footage= Not Applicable C. Wastewater Treatment Capacity (Calculate with J. Sewer) 34EDU D. Park: Dem~d in Acreage = $ .40/sq. ft E. Drainage: Dem~d in CFS = Identify Drainage Basin = PLDAAreaC (Identify master pi~ facilities on site pi~) F. Circulation: Dem~d in ADT = 1195 ADT (Identify Trip Distribution on site pi~) G. Fire: Served by Fire Station No. = Station 4 H. Open Space: Acreage Provided = Not Applicable I. Schools: CUSD J. Sewer: Dem~ds in EDU 34EDU Identify Sub Basin = Not Applicable (Identify trunk line(s) impacted on site pl~) K. Water: Dem~d in GPD = 7 501 GPD May24,2000 Ms. Barbara Kennedy City of Carlsbad • 1635 Faraday Avenue Carlsbad, CA 92008-7314 SUBJECT: Oscar's Carisbad Dear Ms. Kennedy: • San Diego ASSOCIATION OF GOVERNMENTS 401 B Street, SUite BOO San D1ego, CA 92101-4231 (619) 595-5300 • Fax (619) 595-5305 w.vw.sandag.cog.ca.us SANDAG staff has reviewed the proposal to develop a restaurant at the southwestern comer of Palomar Airport Road and Armada Drive. The project's site is located between the 60 and 65 community noise equivalent level contour. The SANDAG Board of Directors, serving as the region's Airport Land Use Commission, has not reviewed the following staff comment. According to SANDAG's rules and regulations as the region's Airport Land Use Commission, SANDAG staff has the authority to make a compatibility determination if the proposal is clearly consistent with an airport's Comprehensive Land Use Plan. The proposed restaurant is compatible with the McClellan-Palomar Airport Comprehensive Land Use Plan because a restaurant is a compatible land use between the 60 and 65 noise contours. According to SANDAG's Airport Land Use Commission rules and regulations, the airport operator or local land use agency may request a determination from the SANDAG Board serving as the Airport Land Use Commission. If you have any questions, please call me at (619) 595-5372. Thank you for allowing SANUAG to participate in the City's review process Sincerely, ~~)?~ JACK KOERPER Special Projects Director JK/jm cc: Floyd Best, Airport Manager 2198 Palomar Airport Rd. Carlsbad, CA 92008 MEMBER AGENCIES: Cities of Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon, Encinitas, Escondido, Imperial Beach, La Mesa, Lemon Grove, National City. Oceans1de, Poway, San Diego, San Marcos, Santee, Solana Beach, Vista, and County of San D1ego. ADVISORY/UAISON MEMBERS: California Department of Transportation. Metropolitan Transit Development Board, North San Diego County Transit Development Board, U.S. Department of Defense, S.D. Unified Port District, S.D. County Water Authority, and T1juana!BaJa California/Mexico. u > "' c: <( CD 01 en - CD C> u ... Cl ... ::J r- "' ]1: "' -I -"' ... 10 -C> "' --->-§5 r-Ul ---lfl -C> I "' en ---"' 01 ---0 u r- Ul 0 u ---:i:' AlftPORT flltOAO NOTE. I~~ NO GHAN6E! I TO EXISTING r-s::::=:ln:. ~· 11 _ Costco Wholesale CARLSBAD, CALIFORNIA c Existing Site Plan .. Project Data Gt.OCt• GQSTGO ~ "'"""""""' I~K'-V071 ~'~ .,....._ ... IIIIP'Oit,_,I<D c:..Nil.!ISHl.U.. ... ~ ......_ .. .-a,........- ,11_~ ,..,..Of'~-~ V-MI'\IU.T ... ~ ~1"1!' ~nuc:."' ~---'"•'""c.' ~-f?:lltP .. TitJC.T ~~015ntiGT r-r. ZDNI!: , c.20 1-NCI' ..,., .. TOTAI.~~·2111 ~ LME>:I!Io: -~~~~· :ut11 .,._.._,._, ~AL.....UO:a --~~UN ~-. 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