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HomeMy WebLinkAboutCUP 214; Burnette; Conditional Use Permit (CUP)REQUEST D Zone Change D General Plan Amendment. D Tentative Tract Map D Planned Unit Development D Major Condominium Permit DMiner Condominium Permit OMaster Plan .DMajor Condominium Conversion DPrecise Development Plan DSpecific Plan DSite Development Plan fcS Conditional Use Permit D Variance D Planning Commission Determination D Special Use Permit .DAdministrative Variance • Complete Description of project (attach additional sheets if necessary) location of Project . "* "ft It* al Description (complete) Assessors Parcel Number Existing Land UseSGeneral Plan Site Acreage Applicant Name (Print or Type) /.F RUM te, -v ailina Address City and State •ea/TA^ UVL a j ^M,i-i\ • i *'"'• - o /ts*/ <s- / <-> I CERTIBT THAT I AM THE OWNER'S REPRESENTIVETHE LEGAL CMER AND HSIFC:RMATION is TRUE EEST OF MY l^IOWLEDGE CS3TIFY THAT I A AKD THAT ALT, THE ABOVE TNT'ORMATION IS TRUE AMD CORRECT TO THE BEST OF MY KNOWLEDGEPZCT TO THS ts^AppTIca^icn' ?ec*d V rsscei\Fees Received Psceit Fo r:,?r:.e Application Received! Star: Pssiope Case Nuirfce RECORDING REQUESTED BY 1980 AND WHEN RECORDED MAIL THIS DEED AND. UNLESS OTHER WISE SHOWN BELOW. MAIL TAX STATEMENTS TO: NAME Mr & Mrs Donald M. Rosenstock 10690 Camino Del Venado Valley Center, CA 92082Cirr aSTATE ZIP L Title. Order No. J Escrow No. 78-132743 I'.ECOF.DEl) r\£ QUEST OF CALIFORNIA-WORLD TITLE COMPM APR • u i1*in i-> , . SAMJiLGO COUNTY.CALIF. HAKLEYF. BLOOM RECORDER $3.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE A.P.M. 203-173-04In the opinion of the grantor there is no consideration on this transfer. The undersigned declares that the documentary transfer lax is S..-Qr...tO..correc.t..y.es.ting and is f~| computed on the full value of the interest or property conveyed, or is ' . Q| computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale. The land, tenements or realty is located in P] unincorporated area [^f city of. FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,' DONALD M. ROSENSTOCK, a married man as his sole and separate property hereby GRANT(S) to DONALD M. ROSENTOCK and DONNA L. ROSENSTOCK, husband and wife as community property the following described real property in the City of Carlsbad county of ^ San Diego . state of California: The Northeasterly 60 feet of Block 10 of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 365, filed in the office of the County Recorder of San Diego County, February 2, 1887. Excepting therefrom the Northwesterly 60 feet of said land. RECEIVED MAR 16 1982 CITY OF CARLSBAD Planning Depa ent Dated March 9, 1978 DONALDMT ROSENSTOCK STATE OF CALIrpRNIA. COl/NTV On /JC l,c-fure me. the mider- sianed, a Nolary Public in and for said Couiily and Slali;, personally Donald M. Rosenstock ---------- . _. ------------- ------------------ _, known to mo !•'• In1 ill'.' person --------- \v!iosc Manic ----------- snlisi i ilied lo ihe williin instrument and aeknmvleilj'ed tluit __ 2— ___ exeenled the same. . Signature 'if Notary FOR NOTARY SEAL OR STAMP . KATHARINE I. VViMKI.ER [; SAN- DIEGO coi'xry f. f.'.y com.n. expires APR 3, 1379 f- MA11.TVX STATKMKNTS TO I'AI.'TY SHOWN O.\ I-'OI.I OYi'l.N'r, LINK; IF NO I'AHTV SO SHOWN. M All. AS 1)1 lli-XTK.n A!!f)VK Name .l'>lr.-et Aiii!ri--s i.!i;y S Sl.itf L-l (G :•: 1 (!U-v. ',.75) 9 pt. City of Carlsbad tl DetiaHment NOTICE OF EXPIRATION March 21, 1990 Don M. Rosenstock 355 W. Vista Way Vista, CA 92083 Dear Property Owner: In a recent audit of our records, we found that CUP No. 214 expired on April 14, 1983. If you would like an extension of this permit, please send us your request and a check for $375.00 ($100.00 for non-profit organizations), to City of Carlsbad, 2075 Las Palmas Drive, Carlsbad, CA 92009. Your request for an extension must be received no later than March 31, 1990 to allow adequate time to process your application and schedule a hearing before the Planning Commission. If you do not request an extension by this date, the permit will be considered invalid and to continue operating, you will have to submit an application for a new permit, along with a check for $2,000.00 ($100.00 for non-profit organizations). If you have any questions, please do not hesitate to contact me in the Planning Department at 438-1161. Sincerely, ERIN K. LETSCH Management Analyst EKL:lh 2O75 Las Palmas Drive • Carlsbad, California 92OO9-4859 • (619) 438-1161 Xy^ ^yi^^f^^f ,-^^t- ^^&&rt, 1 . > t& , * ^~7 CITY OF CARLSBAD 1200 ELM JPENUE CARLSBAD, CALIFOMTlA 92008 438-5621 REC'D FROM.. DATE \ "'/(. ACCOUNT NO. >-V \//: <ff< '-:^/.*i RECEIPT NO. 97114 DESCRIPTION ( 1 / /? (' ' !/7~S~V 1 •>/ >-77 )- , f ,,. • _ . /V/X?^/^/ ' f "~ 43-53 03/28/9C TOTAL AMOUNT :/7<5 fY) 0001 01 02 u-rKni 3(?f*w 3 7J" ^ J CASE NO.: CUP-PI 4 DATE RECEIVED:3/5/82 APPLICANT: BURNETTE /BURNETTS __ REQUEST: Remodel existing antique building for cocktail lounge (390 Grand Ave.) 'EMVIRONMENTAL EXEMPT OR EXCEPTED:JLM Posted: _ Filed: . . < 01 V Prior Compliance:Published: Filed: NEGATIVE DECLARATION: Posted:Piiblished: ENVIRONMENTAL IMPACT REPORT: Notice of Preparation: Notice of Cortple tion : Notice of Determination: Notice of Determination : PLANNING COMMISSION 1. Date of Hearing:'-'*%' 3. 2. Publication: ••*/- & - 3. Notice to Property Owners: 4. ResoluHon No. | ^ (Continued to; _ 5. Appeal: Date:ACTION: _ftp>f CITY COUNCIL 1. Date of Hearing: 2. Notices to City Clerk: 3. Agenda Bill: 4. Resolution No. 5 . ' Ordinance No . Date:ACTION: )RP££PONDENCE Staff Report to Applicant: Resolution to Applicant: MEMORANDUM DATE: March 8, 1982 TO: Housing and Redevelopment ',l>FROM: Planning Department p RE: Notice of Projects within Redevelopment Area This is to notify you that the Planning Department has received the following application which fall within 300 feet of the boundaries of the Redevelopment area: CASE NO: CUP-214 APPLICANT: Burnette/Burnette LOCATION:' 390 Grand Avenue DESCRIPTION: Remodel existing a-n-te-tq-u-e building for cocktail lounge JD:kb Box 188 (714) 729-2301 2796 Carlsbad Boulevard Carlsbad's Oldest Real Estate Firm CARLSBAD, CALIFORNIA 92008 April 12, 1982 Carlsbad Planning Commission City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Members of the Commission: This letter represents my opposition to the Conditional Use Permit considered for Case File CUP-214, regarding the property shown as 390 Grand Avenue . Although I realize that this may again bring reprisals of broken fences, trash dumping and other unpleasant experiences that have occured on adjacent property which I own, I must question the desirability of larger bars and poker parlors in the down town redevelopment section. Such, in my opinion is not an asset to either resident citizen or tourist. The applicant has never been a good neighbor in the existing establishment and has been a deterrent to my husband and to for any further attractive development in the other parcels we have owned in Block 10. Certainly there can be better locations for these businesses, if the City of Carlsbad isin need of them. I thank you for your consideration. Sincerely, Mrs. B. M. Christiansen RECEIVED APR 1 CITY OF CARLSBAD Planning Depa lent CE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 7:00 p.m. on Wednesday, April 14, 1982, to consider approval of a Conditional Use Permit for on-premise sale of alcoholic beverages (cocktail lounge) on property generally located on the northwest corner of Grand Avenue and Washington Street, addressed as 390 Grand Avenue and more particularly described as: A portion of Block 10, Map No. 365 Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. If you have any questions please call the Planning Department at 438-5591. CASE FILE: APPLICANT: PUBLISH: CUP-214 Burnette April 3, 1982 CITY OF CARLSBAD PLANNING COMMISSION LOCATION M A F CASE NQ. CUP-214 APPLICANT._BURNETTC_ VICINITY MAP CarJsba<ijJolimal Decreed a Legal Newspaper by the Superior Court of San Diego County 3138 ROOSEVELT ST. • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345 [Proof of Publication STATE OF CALIFORNIA, ss COUNTY OF SAN DIEGO, RECEIVED A7305J98& CITY OF CARLSBAD Planni .^ lep? .cnt I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY<hVEN that the Planning Commission of the Cjty of Carlsbad will hold a public hearing at the City Council Cham- bers, 1200 Elm Avenue, Carlsbad, California, at 7:00 p.m. on Wednes- day, April 14, 1982, to consider approval of a Conditional Use Per- mit for on-premise sale of alcoholic beverages (cocktail lounge) on property generally located, on the northwest corner of Grand Avenue and Washington Street, addressed as 390 Grand Avenue and more par- ticularly described as: A portion of Block 10, Map. No. 365Those persons wishing to speak on this proposal are. cordially in- vited to attend the public hearing. If you have any questions, please call the Planning Department at 438-5591. Case File: CUP-214Applicant: BUHNETTECITY OF CARLSBAD PLANNING COMMISSION CJ S643: April 3,1982 .April .3.... 1902. 19 19 1.9. 1M/6/81 I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on the J-rc1 -'day of April 19^? Clerk of the Printer STAFF REPORT DATE: April 14, 1982 TO: Planning Commission FROM: Planning Department SUBJECT: CUP-214r BURNETTS - Request for approval of a Conditional Use Permit to allow the on-premise sale of alcoholic beverages on the northwest corner of Grand Avenue and Washington Street in the C-2 zone. I. PROJECT DESCRIPTION AND BACKGROUND The applicant is requesting approval of a Conditional Use Permit to relocate his existing cocktail lounge from 370 Grand Avenue to 390 Grand Avenue. The new location has been used in the past as an antique operation and the applicant proposes to remodel the building so that it can be used for the cocktail lounge and his card room business. On February 16, 1982, the City Council approved the relocation of the card room to the subject building and referred the relocation of the cocktail lounge to the Planning Commission since the Zoning Ordinance requires a conditional use permit for all on-sale liquor operations in the C-2 zone. The subject property is located within the Village Redevelopment Area and on September 2, 1981, the Redevelopment Advisory Committee passed a motion to encourage the relocation of the applicant's operation to the subject site. II. ANALYSIS The applicant is proposing to move his operation; a cocktail lounge and a card room, from its present location at 370 Grand Avenue which is in a deteriorated condition to the subject site which will be remodeled for the operation. As mentioned earlier, the City Council has already approved the relocation of the card room license. Staff's primary concern with this request relates to the pro- vision for off-street parking. The subject building does not presently have any improved off-street parking. As shown on Exhibit "B", the applicant proposes to provide 40 parking spaces at a variety of locations including 24 which would be located off-site. Parking spaces 17 thru 27 would be provided on prop- erty to the west which is owned by the applicant. Parking spaces 28 thru 40 would be provided on property owned by the railroad located to the east across Washington Street. This property has been leased by the applicant from the railroad for parking pur- poses. The Zoning Ordinance allows required parking for a com- mercial development to be located off-site as long as it does not exceed a distance of 300 feet. All the proposed parking meets this criteria. The applicant's present business location lacks any off-street parking and, therefore, the proposed request significantly improves the provision for parking. Staff's concern with the parking is its relationship to Washington Street. The applicant is proposing diagonal parking off Washington Street which could cause conflicts with vehicles backing out of the spaces and vehicles traveling on Washington. Also, customers using the parking spaces located on the railroad property would have to cross the street in order to get to the cocktail lounge and card room. Given the low traffic volume on Washington and the fact that it will probably never be widened to a full-width public street, staff can support the proposed park- ing arrangement. Staff believes, however, that the arrangement should be reviewed again in one year_to insure that it has not caused serious traffic or public safety problems. Staff is therefore recommending a condition which would require this con- ditional use permit to be reconsidered after one year of oper- ation. Since the request involves a relocation of the business within the neighborhood in which it is presently located and staff has not been informed of any police problems or citizen complaints, staff does not anticipate any problems with the compatibility of the operation with surrounding properties and uses. The public hearing process, however, should be utilized by the Planning Com- mission to obtain input from surrounding property owners in order to determine compatibility. III. ENVIRONMENTAL REVIEW The Planning Director has determined that this project is cate- gorically exempt from environmental review according to Section 19.04.070(6)(e) of the Carlsbad Environmental Protection Ordinance. IV. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 1939, APPROVING CUP-214, based on the findings and subject to the conditions contained therein. ATTACHMENTS 1. PC Resolution No. 1939 2. Location Map 3. Background Data Sheet 4. Disclosure Form 5. Exhibits "A", "B", and "C" dated, April 14, 1982 MJHtar 4/8/82 L A T"A I CUP-214 APPLICAMT BURNETTE V3CJNJTY MAP BACKGROUND DATA SHEET CASE NO: CUP-214 APPLICANT: BURNETTS REQUEST AND LOCATION: On promise sale of alcoholic beverages - Remodel antique business to cocktail lounge - northwest corner of Grand and Washington. LEGAL DESCRIPTION: Portion Block 10, Map No. 365 APN; 203 - 173 - 04 Acres .19 Proposed No. of Lots/Units N/A GENERAL PLAN AND ZONING Land Use Designation CBD Density Allowed N/A Density Proposed N/A Existing Zone C-2 Proposed Zone N/A Surrounding Zoning and Land Use: Zoning Land Use Site C-2 Antique Business North C-2 Commercial South C-2 Commercial East 0-S Railroad West C-2 Commercial PUBLIC FACILITIES School District Carlsbad Water Carlsbad Sewer Carlsbad EDU's N/A Public Facilities Fee Agreement, dated February 24, 1982 ENVIRONMENTAL IMPACT ASSESSMENT Negative Declaration, issued E.I.R. Certified, dated Other, EXEMPT !*• attar trta inrarnacion you :evj.ewec:, xc is aecerzained that further information is required, you will ba so adv ' APPLICANT:/>,7> AGENT t Nair.e (individual, ^partnership,^ joint venture, corporation, syndication) Business Address Telephone Number Name Business Address . O,, Li E MEMBERS: Telephone Number Name -^ndividual, partner, joint ventxtra, corporation,, syndication) 9 C (rtfAti flue Business Address ephone Nu-aber . Foaa Address v-sinass Address Talephan® N caber Telephone Kvunber 33 /r Home Address^ Telephone Nuniber (Attach more sheets if necessary) I/We declare under penalty of perjury that the information contained in this dis- closure is true and correct and that it will remain true and correct and may be' relied upon £3 being true and correct until amended. Applicant Agent, O.-.-ner, Partner ""I"" IE "I RALPH •TTfrrL--JtTt-t-rUr + T-r ^ *, r- 'C •ntTt-T^-M-rTSTt 1HDD I E S _ T . CA ft D :ROOM: FRONT E 1 _ ^^131 rT TtrZ l\++t ,1 $ L -F V A T 0 W f] 1 ^ I V ,11MlII \\ H ,1,1 ,,II1 j a, 1 | IJ.J.. SCALE - Jg N OTF S ROOF AT FRONT BOARD BATT t \o > 20' ir ib \B 14 12 12 BAR oo & o 55' "••v 9' GRAND &YE, PLOT PLAN uj OH < as' IN S. D. S.sV UT 45' o cc <Qc