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Home My WebLink About1990-08-15; Planning Commission; ; CUP 225X1 - WESTBLUFF ASSOCIATES LTDSf AFF REPORT DATE: AUGUST 15, 1990 TO: PLANNING COMMISSION FROM: PLANNING DIRECTOR SUBJECT: CUP 225xl -WESTBLUFF ASSOCIATES, LTD. -Request for a 7 year extension allowing the on premise sale of alcoholic beverages at an existing Chinese Restaurant located in the West Bluff Plaza Commercial Center at the northeast comer of Alga Road and El Camino Real in Local Facilities Management Zone 6. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 3079 APPROVING an extension of Conditional Use Permit 225 totaling 7 years, based on the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND On February 9, 1983, the Planning Commission approved a Conditional Use Permit allowing the on premise sale of alcoholic beverages at an existing Chinese Restaurant located in the West Bluff Plaza Commercial Center. The Conditional Use Permit was conditioned to expire in five years unless an extension was requested and approved by the Planning Commission. Over the past few months, the Planning Department has created a monitoring program to track projects conditioned with expiration dates. This program has identified a number of expired conditional use permits. In order to allow the extension of those conditional uses still in operation or existence, the Planning Department has given property owners 60 days to request extensions of their conditional use permits. After notification by staff, the applicant, on May 10, 1990, submitted a request for extension of the Conditional Use Permit (two years after the Conditional Use Permit expired). III. ANALYSIS The restaurant has continued to operate as conditioned for 7 years with no complaints recorded by the Planning Department or the West Bluff Plaza property manager. Staff concludes that the use continues to be desirable for the development of the community and is not detrimental to surrounding commercial uses. The 1,920 square foot restaurant continues to be adequate in size and shape to accommodate the use. Its location within the West Bluff Plaza Commercial Center continues to provide the necessary parking and circulation system to adequately serve traffic generated by this use. CUP 225xl WESTBLUFF ASSOCIATES, LTD. AUGUST 15, 1990 PAGE 2 Condition No. 2 of Resolution 2077 approving CUP 225 states that the Planning Commission may grant extensions not to exceed 5 years, however, the Planning Commission has stated that longer extensions may be granted. To extend CUP 225 for five additional years, it is necessary to grant extensions totaling seven years. The first 2 year extension is retroactive from February 9, 1988 through February 9, 1990. The second 5 extension will allow the subject use to continue for 5 years through February 9, 1995. Although CUP 225 has expired, the on premise sale of alcoholic beverages at an existing restaurant is still a desirable and compatible use at the approved location, therefore, staff is recommending that the Planning Commission accept the existing Conditional Use Permit as valid and extend CUP 225 for 7 years. This 7 year period includes the past 2 years as well as 5 additional years through February 9, 1995. IV. ENVIRONMENTAL REVIEW The Planning Director has determined that the environmental impacts of the project have already been considered in the original issuance of a Negative Declaration dated January 11, 1983; and, therefore, a Notice of Prior Environmental Compliance was issued on June 29, 1990. ATTACHMENTS 1. Planning Commission Resolution No. 3079 2. Location Map 3. Disclosure Statement 4. Notice of Prior Environmental Compliance 5. Staff Report for CUP 225, dated February 9, 1983 6. Planning Commission Resolution No. 2077 7. Letter dated April 6, 1990. AH:kd July 11, 1990 ~----J -% 0 DOVE lJ m > r- WEST BLUFF ASSOCIATES LN SITE City of Carlsbad CUP 225x1 ~ity of alrlsb; Permit #225 for Peking Palace Restaurant. (formerly Szechuan Gardens) DISCLOSURE STATEMENT APPLICANTS STATEMENT OF 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. (Please Print) The following information must be disclosed: 1 . Applicant List th.a names and addresses of all persons having a financial interest in the application. westbluff Associates, Ltd. c/o Compass Capital Corp. General Partner 310 E. 4500 So., Suite 210 Salt Lake City, Utah 84107 2. Owner List the names and addresses of all persons having any ownership interest in the property involved. Westbluff Associates, Ltd. a Utah Limited Partnership Compass Capital Corporation General Partner 310 E. 4500 So., Suite 210 Salt Lake City, Utah 84107 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names anc addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnershir interest in the partnership. comQass caoit?l corporation is wholly owned by Steven F. Lowe 919 South 2200 East Salt Lake City, Utah 84108 No limited partner owns 10% or more of the partnership 4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names anc.: addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiar-1 of the trust. Not applicable (Over) Disclosure Statement Page 2 s. Have you had more than $250 worth of business transacted with any member of City staff, Boarc:s Commissions, Committees and Council within the past twelve months? Yes _ No L 11 yes, please indicate person(s) ____________________ _ Person is defined as: 'Any individual, firm, copartnership, joint venture, association, social club, fraternal organization. corporation, estate, tnJSt, 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 pages as necessary.) .-· / / --=~ 0 /2,. Signatu~r/da~ 1 Steven F. Lowe, President Westbluff Associates, Ltd. Print or type name of owner By Compass Capital Corporation General Partner Print or type name of applicant DATE: TO: FROM: STAFF REPORT February 9, 1983 Planning Commission Land use Planning Office OOSOOffiTIMDATE: 30, 1982 SUBJECT: CUP-225 -SZECHUAN GARDENS, INC. -Request for approval of a conditional use permit to allow the sale of alcoholic beverages at a proposed restaurant in an existing building in West Bluff Plaza located on the east side of El Camino Real north of Alga Road. I . RECOMMENDATION It is recommended that the Planning Commission APPROVE the Negative Declaration filed by the Land Use Planning Manager and ADOPT Resolution No. 2077, APPROVING CUP-225, based on the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND The applicant is requesting that the City allow the sale and consumption of alcoholic beverages at a proposed chinese restaurant in West Bluff Plaza. This Plaza is located in a C-1- Q zone, which allows on-premise sale of liquor within a bona fide public eating place upon the granting of a conditional use permit. The proposed restaurant would be located in an existing building, 1920 feet in area. This conditional use permit addresses solely the sale and consumption of alcohol in the restaurant. III. ANALYSIS Planning Issues 1) Can the required findings, for approval of a Conditional Use Permit, be made? Specifically: a) 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 or to uses specifically permitted in the zone in which the proposed use is to be located; b) That the site for the intended use is adequate in size and shape to accomodate the use; c) That all of 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; d) That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. Discussion Staff believes that the proposed use is desirable for the development of the community and is not detrimental to surrounding uses. The required parking distribution for the Plaza is as follows: Professional Offices -11,120 sq. ft. - Retail Sales -29,640 sq. ft. - Banks -9500 sq. ft. - Existing Restaurant -5600 sq. ft. - SZECHUAN GARDENS -1920 sq. ft. - Total - Minus 15% Reduction(S.D.P. 77-1) - TOTAL REQUIRED SPACES - EXISTING ON-SITE SPACES - 28 spaces 148 spaces 24 spaces 56 spaces 20 spaces 276 spaces 41 spaces 235 spaces 244 spaces This analysis results in nine spaces over the minimum allowed by the zoning ordinance As such, staff believes that this request will not adversely impact the on-site parking situation. Through the Site Development Plan review process, all n~cessary buffers, landscaping and setbacks were incorporated into the shopping center design. Staff does not believe that any additional features would be necessary to adjust the requested use to existing or permitted future uses in the neighborhood. An analysis of potential traffic impacts of the shopping center was performed at the time of original approval. It was revealed that the street system serving the shopping center would be adequate to handle the traffic generated. Staff believes that the requested use will not generate a significant increase in traffic and, therefore, that the street system would not be impacted. Overall, staff believes that the requested use would be consistent with a restaurant use and surrounding uses and not have a detrimental impact on the street system or surrounding properties. v. ENVIRONMENTAL REVIEW The Land Use Planning Manager has determined that this project will not have a significant impact upon the environment and, therefore, has issued a Negative Declaration on January 11, 1983. -2- ATTACHMENTS 1) Planning Commission No. 2077 2) Location Map 3) Background Data Sheet 4) Disclosure Form 5) Environmental Documents 6) Exhibits A, B, and C, dated January 3, 1983 PJK:bw 2/1/83 -3- I 11 DOVE LN 0 □ ALGA RD CASE .NO.. CUP-225 APPLBCAi\lT SZEQfNtN GARDENS V~CfNlTY MAP • BACKGROUND DATA SHEET CASE NO: CUP-225 APPLICANT: Szechuan Gardens, Inc. REQUEST AND LOCATION: Request for conditional use permit to allow the sale of alcoholic beverages. LEGAL DESCRIPTION: A portion of the west half of the northeast quarter of Section 26, Township 12 South, Range 4W west, San Bernardino Meridian in San Diego. APN: 215-052-07 Acres 1920 sq.ft. Proposed No. of I.Dts/Units N/A --~------- GENERAL PLAN AND ZONING Land Use Designation RMH -------- Density Allowed 10-20 du/ac Density Proposed N/A __ __;. ____ _ Existing Zone C-1-Q Proposed Zone N/A ---~----- Surrounding Zoning and Land use: Zoning Site C-1-Q lt>rth C-1-Q South C-1-Q East P-C West C-1-Q PUBLIC FACILITIES Land Use Commercial Commercial Corrnnercial Vacant Vacant School District San Marcos Water Costa Real Sewer Leucadia EDU's ----- Public Facilities Fee Agreement, dated ----------------- ENVI RO NME NI' AL IMPACT ASSESSMENI' .....!.__Negative Declaration, issued January 11, 1983 E.I.R. Certified, dated --------------- Other, ------------------------------- >i a.fta~r the : ~.:·ia t further APP LI CT.NT: AGENT: MEHBEHS: information you have sub..r:,i!:ted has been inforr:iation ·.x:·e'luir'ec:1, you will be so q'/J:R-~EN revie\.;~, it is determined ad,.l. f_.C1 J:,vc. Name (individual, partnership, joint venture,·corporation. syndication) ~? 9 (/ £ L C,1/4 /"11() BusinesfrAddress (61,) L/-3t-7f~t --l~-~---~~----~-------Telephone Numbe,: • C;-RL s .I' r).):, / 5) .::Lvo ~ • ---------------------------:Name Busines~ Address ·;.• ·. _____ ....,.. _______ _ Telephone Nu.."'.lber • -------------------~ Na.me ·(individual, partner, joint. venture, corporation, syndication) Business Address -----~---Telephcne Nur:lber Telephone Number --.--------z-ja:.""Je Eome Address 3•.;.siness Address '!.'elephor.e Nl!..11.ber Telephone ~iu.'.lber (Attach more sheets if necessary} I/We decl2..::e ur;de?: penalty of perjury that the inforrr:atian cont.c1ined in thi:::; dis- closure is true and correct and that it will remain true a.nd c0r!'.'ect ancl may br~· relied upoa e.s being true and correct until a:nended. ~£c 1-/u-'I,,,/ Applica.nt c ., 1 2 3 4 5 e a PLANNING COMMISSION RESOLUTION NO. 2077 A RESOLUTION OF THE PLANNING COMMISSION OF THE CIT’ CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE : TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES AT A PROP( RESTAURANT IN WEST BL,UFF PLAZA. APPLICANT: SZECHUAN GARDENS, INC. CASE NO.: CUP-225 6 as provided by Title 21 of the Carlsbad Municipal Code; and 9 WHEREAS, said verified application constitutes a r 8 City of Carlsbad and referred to the Planning Commission; a 7 WHEREAS, a verified application ahs been filed wit 10 WHEREAS, pursuant to the provisions of the Municip 111( the Planning Commission did, on the 9th day of February, 19 12)/ hold a duly notices public hearing to consider said applica l3 property described as: !I 14 15 A portion of the west half of the northeast quarte Section 26, Township 12 South, Range 4W westp San Bernardino Meridian, in San Diego County. 16 considering all testimony and arguments, if anyp of all per l7 WHEREAS, at said public hearing, upon hearing and desiring to be heard, said Commission considered all factor I* 19 1; relating to CUP-225. 20 21 Commission of the City of Carlsbad as follows: NOW, THEREFOREl BE IT HEREBY RESOLVED by the Plann 2211 A) That the foregoing recitations are true and correct. 23 24 B) That based on the evidence presented at the public hear Commission APPROVES CUP-225, based on the following fir and subject to the following conditions: 25 /I Findings: 26 27 1) The site is physically suitable for the type of develog development as proposed. since the site is adequate in size and shape to accomrnc 28 //// I c >' ll I. 2) 2 3 4l 3) 5 e 6 The project is consistent with all City public facility policies and ordinances since restaurant uses have alrei approved as part of a previous site development plan ant premise sale of alcoholic beverages will not affect any improvements. The proposed project is compatible with the surrounding land uses including surrounding properties designated fc residential development on the GeneKal Plan, 6 7 4) This project will not cause any significant environmeni 8 Use Planning Manager on January 11, 1983 and approved 2 impacts and a Negative Declaration has been issued by 1 Planning Commission on February 9, 1983. 9 IIConditions: 10 1) Approval is granted for CUP-225, as shown on Exhibit(s and C, dated January 3, 1983, incorporated by referencc 11 file in the Land Use Planning office. Development sha: substantially as shown unless otherwise noted in these 12 conditions. 13 14 15 16 17 18 19 20 21 22 23 24 25 2) This conditional use permit is granted for a period of : years. This conditional use permit shall be reviewed b: Land Use Planning Manager on a yearly basis to determint conditions of this permit have been met and that the us1 not have a significant detrimental impact on surroundinc properties or the public health and welfare. If the La: Planning Manager determines that the use has such signi adverse impacts, the manager shall recommend that the P Commission, after providing the permittee the opportuni heard, add additional conditions to mitigate the signif adverse impacts. This permit may be revoked at any tim public hearing, if it is found that the use has a signi detrimental affect on surrounding land uses and the pub health and welfare, or the conditions imposed herein ha been met. This permit may be extended for a reasonable of time not to exceed five years upon written applicati permittee made not less than 90 days prior to the expir date. In granting such extension, the Planning Commiss find that no substantial adverse affect on surrounding or the public's health and welfare will result because continuation of the permitted use. If a substantial ad affect on surrounding land uses or the public's health welfare is found, the extension shall be considered as original application for a conditional use permit. The limit to the number of extensions the Planning Comrnissi grant o 26 27 //// //// 28 PC RES0 NO. 2077 .2 . .) .b e e I I1 PASSED, APPROVED AND ADOPTED at a regular meeting c 211Planning Commission of the City of Carlsbad, California, he1 311the 9th day of February, 1983, by the following vote, to wit 4 5 6 7 a 9 10 AYES : Chairman Schlehuber, Commissioners Marcus, NOES s. Commissioner Farrow. Rombotis, Jose, Friestedt and Rawlins. ABSENT: None. ABSTAIN: None. CARLSBAD PLANNING COMMIS: 1'7 18 19 I 20 21 22 23 24 25 26 27 28 PC RES0 NO. 2077 I .3 COMPASS CAPITAL CORPORATION Ms. Erin K. Letsch Planning Department City of Carlsbad Carlsbad, California Dear Ms. Letsch: 2144 South Highland Drive Salt Lake City, Utah 84106 Telephone: (801) 485-2321 April 6, 1990 As Owner/General Partner of Westbluff Plaza, I hereby request the granting of an extension of the Conditional Use Permit #225 for Peking Palace Restaurant (formerly Szechuan Gardens), 6986 El Camino Real, Suite K/L, Carlsbad, California 92009. Sincerely, COMPASS CAPITAL CORPORATION Steven resident, COMPASS L CORPORATION, Generul Part11er, Westbluff Associates, LTD. SFL:vp