HomeMy WebLinkAbout1996-08-07; Planning Commission; ; CUP 225X2 - WESTBLUFF ASSOCIATES LTD• City of CARLSB~ Planning Departme.
A REPORT TO THE PLANNING COMMISSION
Conditional Use Permit Extension
P.C. AGENDA OF: August 7, 1996
Item No.@
Application complete date: N/ A
Project Planner: Anne Hysong
Project Engineer:
SUBJECT: CUP 225x2 -WESTBLUFF ASSOCIATES, LTD. -Request for an extension
of CUP225xl to allow the continued on premise sale of alcoholic beverages at
the Peking Garden Restaurant located at 6986 El Camino Real, Suite KIL (West
Bluff Plaza ) in Local Facilities Management Zone 6.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 3961
APPROVING CUP 225x2 allowing a five year extension based upon the findings and subject to
the conditions contained therein.
II. INTRODUCTION
This proposed five year extension of the subject conditional use permit will allow the continued
on premise sale of alcoholic beverages at the Peking Garden Restaurant located in the West
Bluff Plaza commercial center. A five year extension would extend the conditional use permit
through February 9, 2000. Although the applicant requested an extension during 1995,
processing of the request was inadvertently delayed until this year.
III. PROJECT DESCRIPTION AND BACKGROUND
On February 9, 1983, the Planning Commission approved CUP225 allowing the on premise sale
of alcoholic beverages at an existing Chinese restaurant located in the West Bluff Plaza
commercial center in the C-1 zone. CUP 225xl was approved on August 15, 1990 extending the
permit for five years through February 9, 1995. Condition No 2 of the approving CUP Resolution
No. 3079 specifies that CUP 225xl is granted for a period of 5 years but may be extended upon
written application of the permittee (Westbluff Associates, Ltd./Compass Capital Corporation).
The applicant is requesting a 5 year extension of CUP 225xl to allow the continued on premise
sale of alcohol at this site. The restaurant use has not changed in size or operation since the
previous conditional use permit extension.
WESTBLUFF ASSOCIA .. LTD.
AUGUST 7, 1996
PAGE2
IV. ANALYSIS
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A. The sale of alcoholic beverages at the Peking Gardens Restaurant in the C-1 zone
continues to be consistent with all applicable plans, policies and regulations described
below:
1. Carlsbad General Plan;
2. Local Facilities Management Plan 6; and
3. Title 21 of the Carlsbad Municipal Code.
B. The adopted project findings for CUP 225 and CUP 225xl, which are contained in
Planning Commission Resolutions No. 2077 and 3079 still apply to this project
(CUP225x2). Restaurants serving alcoholic beverages in the Neighborhood Commercial
(C-1) zone require approval of a conditional use permit to ensure compatibility with
surrounding residential uses. The Peking Gardens restaurant is located within Westbluff
Plaza, a neighborhood commercial center, which is separated from surrounding
residential development by roadways and the La Costa golf course. The restaurant use is
a compatible use within Westbluff Plaza and has no direct impact on uses outside the
commercial center.
C. The adopted project conditions for CUP 225xl which are contained in Planning
Commission Resolutions No. 2077 and 3079 still apply to this project (CUP225X2) with
the exception of Condition No. 2 which is amended by Condition No. 2 in Planning
Commission Resolution No.3961 to extend CUP 225x2 for five years through February
9, 2000).
D. No formal written complaints regarding CUP 225xl have been submitted to the City.
E. Annual reviews have been conducted for CUP 225xl and the project is in compliance
with all conditions of approval.
F. The extended CUP should be exempted from environmental review per Section 15301,
Class 1 of CEQA.
V. ENVIRONMENTAL REVIEW
The Planning Director has determined that this project is categorically exempt from the
requirements of the California Environmental Quality Act (CEQA) per Section 15301, Existing
Facilities, of the State CEQA Guidelines and will not have any adverse significant impact on the
environment.
WESTBLUFF ASSOCIATI, LTD.
AUGUST 7, 1996
PAGE3
ATTACHMENTS:
1. Planning Commission Resolution No.3961
2. Location Map
3. Disclosure Statement -Owner of Center
4. Disclosure Statement -Operator of Use
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5. Planning Commission Resolution No 3079 dated August 15, 1990
6. Planning Commission Resolution No. 2077 dated February 9, 1983
July 17, 1996 AH:kc
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WESTBLUFF ASSOCIATES, LTD.
CUP 225X2
Cit¥-of Carlsbad -----a& nu, ur;:11 •14 .g; n u,m, •
DISCLOSURE STATE:-.1ENT
APPLICANT'S STATEMENf OF OISCLOSURE 01=' CEATAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE
DISCRETIONARY ACTION ON THE PAAT OF THE CfTY COIJNCIL. OA ANY APPOINTEO BOARD. COMMISSION OR COMMITTEE.
(Please Print)
The following information must be disclosed:
1. Applicant
List the names and addresses of all persons having a financial interest in the application. Westbluff Associates, Ltd.
c/o Planned EQ:uities
Gereral Partner
2046 E. Murray Holladay Road, #200
Salt Lake City, UT 84117
2. Owner
List the names and addresses of all persons having any ownership interest in the property involved.
Westbluff Associates, Ltd.
a Utah Limited Partnershi£
Planned Equities
General Partner
2046 E. Murray Holladay Road, #200
Salt Lake City, UT 84117
3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and
addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership
interest in the partnership.
(See attached list)
4. If any person identified pursuant to (1) or (2) above is a non-profit organization 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.
Not applicable
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(Over)
Disclosure Statement Page 2
:i. Have you had more than $250 worth of business transacted with any member of City staff, Boards,
Commissions, ,Committees and Council within tne past twelve months?
Yes_ No JI_ If yes, please indicate person(s) ________ ~---------~---
Per$on i$ defined as: 'Any individual. firm. copartnership, joint venture, association, social club, fraternal organization, corporation, ei.tate, trust..
receiver, syndieatQ, tni!l 4nd 4ny other county. city l.lnd county, city municipality. district or other polltice.l 1.Jubdivi3ion, or any other group or
combin11!lor'I tlcting 83 a unil •
(NOTE: Attach additional pages as necessary.)
, Presiden
Westbluff Associates. Ltct.~--
Print or typei n(lme of ov.-ner
By Planned Equities_
General Partner
G:lry Howland, President
Print or type name of applicant
JUL-29-96 MON 11:38 PEKING GARDENS P.02
DISCLOSURE STATEMENT
APj:'LIQANT'S STATEMENT 0~ CISCLOSU~E OF C!;RTAIN OWNER$HlP INTE1'ESTS ON All APPUCATrON$ WHICH WILL REQt;IRe
OIS0Rf'l'IONARV AcTION ON TME PART OF TM& CITY COUNCIL. OR At« APPOIIIIT&O SOARD. COMMl9810N OR COMMITTi&i.
(Please Prfnf)
The following Information must be dlsc!osed:
1. ARPllcant
2.
3.
4.
list ,he names ~nd addresets of all persol"la having any ownerehip interest in the property involv~d.
Sl!Me_.85 I , ------·-------
If any person identified pursuant to (1) Qr (2) above is a corporation or partnership, list the names and
addresses of all individuals owning morQ than 10% of the ehares in ths corporation or owning any partnership
interost in tho partMr~hip.
St1t:,1~ ,,.i-=s __ f ---.=. --:=..-•--™™..,, ..... r.,,c., .••
If any person identified pursuant to (1) or (2) above Is a non-profit organization 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
~----------
2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1191
~o·d t,6809£~ 'ON XI;;!~ 30 wwoo a~HS1~1JO ~o All() qF,;nI N11U QR-R?-1nr
JUL-29-96 MON 11:39 PEKING GARDENS • •
(Over)
Disclosure Statement Page 2
5, Have you had more than $250 wonh of business transacted with any member of City staff, Boards,
Commissions. committees and Council within the past twelve months?
YQs _ No .JL If yes, ~t~asa indicate person(s). ___________________ _
Person is dGflMd ~s: 'Any Individual, firm, copartnershi?, Joint venture, aw~ciation. $«ial ~ltJb, fraternal organization, corporation, ~stsfe, trust,
roe~iver, ,ynatoati>, t/'lis and anv other oounty, city 41nd COLll'it'f, city munloipality, district or other pe!itical subdivision, or any othi;r grO\lJ) or
eombincrtion ~9\!1'19 Ma unl\' ----~-----~-------------.__... ___ _
(mIT__;_: Anach additional pages as l'lecessaiy.)
$ignatur9 of applicant/date
Prim or type name Of appucant
80 'd 30 WWOO G~8Sl~~O dO AlIO
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PLANNING COMMISSION RESOLUTION NO. 3079
A RESOLUTION OF THE PLANNING COMMISSION OF THE Cl1Y
OF CARLSBAD, CALIFORNIA, APPROVING A 7 YEAR EXTENSION
OF A CONDmONAL USE PERMIT TO ALLOW THE ON PREMISE
SALE OF ALCOHOLIC BEVARAGES AT AN EXISTING
RESTAURANT ON PROPER1Y GENERALLY LOCATED IN THE
WEST BLUFF PLAZACOMMERCIALCENTERATTHE NORTHEAST
CORNER OF ALGA ROAD AND EL CAMINO REAL.
CASE NAME: WESTBLUFF ASSOCIATES, LTD.
CASE NO: CUP 22Sxl
WHEREAS, a verified application has been filed with the City of Carlsbad and
referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided by Title 21
of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on the 15th day of August, 1990, hold a duly noticed hearing to consider said
application on property descn'bed as:
Being a portion of the west half of the northeast quarter of Section 26,
Township 12 South, Range 4 West, San Bernardino base meridian, in the
City of Carlsbad, County of San Diego, State of California.
WHEREAS, at said 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 225xl.
NOW, TiiEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the
City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the hearing, the Commission APPROVES CUP
225xl, based on the following findings and subject to the following conditions:
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Findings:
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That the requested use continues to be 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;
That the site for the intended use continues to be adequate in size and shape to
accommodate the use;
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;
That the street system serving the proposed use continues to be adequate to properly
handle all traffic generafad by the proposed use.
Conditions:
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All conditions of approval imposed upon CUP 225 as stated in Planning Commission
Resolution 2077 shall apply as conditions of approval for CUP 225xl.
This conditional use permit is extended for a period of seven (7) years beginning on
February 9, 1988 and expiring on February 9, 1995 unless subsequent extensions are
approved. This conditional use permit shall be reviewed by the Planning Director on a
yearly basis to detennine if all conditions of this permit have been met and that the use
does not have a significant detrimental impact on surrounding properties or the public
health and welfare. If the Planning Director detennines that the use has such significant
adverse impacts, the Planning Director shall recommend that the Planning Commission;
after providing the permittee the opportunity to be heard, add additional conditions to
mitigate the significant adverse impacts. This permit may be revoked at any time after a
hearing, if it is found that the use has a significant detrimental affect on surrom1ding land
uses and the publics health and welfare, or the conditions imposed herein have not been
met.
PC RESO NO. 3079 -2-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 15th day of August, 1990, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
MICHAEL J. HOL LLER
PLANNING DIRECTOR
PC RESO NO. 3079
Chairperson Schramm, Commissioners: Schlehuber, Ervvin, Hall,
McFadden, Holmes and Marcus.
None.
None.
None.
SHARON SCHRAMM, Chairperson
CARLSBAD PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 2077
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT
TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES AT A PROPOSED
RESTAURANT IN WEST BLUFF PLAZA.
APPLICANT: SZECHUAN GARDENS, INC.
CASE NO.: CUP-225
7 City of
WHEREAS, a verified application ahs been filed with the
Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request
9 as provided by Title 21 of the Carlsbad Municipal Code; and
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10 WHEREAS, pursuant to the provisions of the Municipal code,
ll the Planning Commission did, on the 9th day of February, 1983,
12 hold a duly notices public hearing to consider said application on
13 property described as:
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 County.
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WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all persons
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19 relating to CUP-225.
20 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
21 Commission of the City of Carlsbad as follows:
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That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the
Commission APPROVES CUP-225, based on the following findings
and subject to the following conditions:
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The site is physically suitable for the type of development
since the site is adequate in size and shape to accommodate
development as proposed.
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The project is consistent with all City public facility
policies and ordinances since restaurant uses have already been
approved as part of a previous site development plan and the on-
premise sale of alcoholic beverages will not affect any public
improvements.
The proposed project is compatible with the surrounding future
land uses including surrounding properties designated for
residential development on the General Plan.
This project will not cause any significant environmental
impacts and a Negative Declaration has been issued by the Land
Use Planning Manager on January 11, 1983 and approved by the
Planning Commission on February 9, 1983.
9 Conditions:
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Approval is granted for CUP-225, as shown on Exhibit(s} A, B,
and C, dated January 3, 1983, incorporated by reference and on
file in the Land Use Planning office. Development shall occur
substantially as shown unless otherwise noted in these
conditions.
This conditional use permit is granted for a period of five
years. This conditional use permit shall be reviewed by the
Land Use Planning Manager on a yearly basis to determine if all
conditions of this permit have been met and that the use does
not have a significant detrimental impact on surrounding
properties or the public health and welfare. If the Land Use
Planning Manager determines that the use has such significant
adverse impacts, the manager shall recommend that the Planning
Commission, after providing the permittee the opportunity to be
heard, add additional conditions to mitigate the significant
adverse impacts. This permit may be revoked at any time after a
public hearing, if it is found that the use has a significant
detrimental affect 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 years upon written application of the
permittee made not less than 90 days prior to the expiration
date. In granting such extension, the Planning Commission shall
find that no substantial adverse affect on surrounding land uses
or the public 1 s health and welfare will result because of the
continuation of the permitted use. If a substantial adverse
feet on surrounding land uses or the public's health and
welfare is found, the extension shall be considered as an
original application for a conditional use permit. There is no
limit to the number of extensions the Planning Commission may
grant.
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J. PASSED, APPROVED AND ADOPTED at a regular meeting of the
2 Planning Commission of the City of Carlsbad, California, held on
3 the 9th day of February, 1983, by the following vote, to wit:
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ll ATTEST:
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AYES: .Chairman Schlehuber, Commissioners Marcus,
Rombotis, Jose, Friestedt and Rawlins.
NOBS: Commissioner Farrow. •
ABS ENT : None.
ABSTAIN: None. ~ CLARENCE SCHLEHUBER, Chairman
CARLSBAD PLANNING COMMISSION
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