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
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