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HomeMy WebLinkAboutLCPA 00-01; Carlsbad Boulevard Tamarack Zone Change; Local Coastal Program Amendment (LCPA) (10)Janet D. Robinson Attorney At Law 772 Corinia Coun Olivenhain, California 92024 Tel: (760) 632-0494 Fax: (760) 6324497 December 2 1,2000 Mr. Jeff Segall, Chairman City of Carlsbad Planning Commission 1635 Faraday Ave. Carlsbad, CA 92008-73 14 Re: Seaside Bistro Dear Mr. Segall and Members of the Planning Commission, I am writing to urge you to retain a commercial zoning designation for the property at Carlsbad Boulevard and Tamarack Avenue known as the “Seaside Bistro.” You will be considering the rezoning of this site fi-om C-2 to R-3 at your January 3rd meeting. 4 The Seaside Bistro Is not the Sandbar. Unlike the former business on this site, the Seaside Bistro is a neighborhood friendly, family restaurant. My clients, Monika and Jim DiMaggio, own and operate the restaurant. The DiMaggios purchased the business just over a year ago. They have an option to buy the property. As you may be aware, the DiMaggios inherited a difficult situation. The former establishment (the “Sandbar”) created numerous nuisance problems and code violations, including trespassing, noise and overflow parking on neighborhood streets. The City Council initiated a rezoning action in 1996 in response to the problems generated by the use at that time. The DiMaggios, on the other hand, have altered the nature of the business and have operated as a good neighbor since they moved in. 1 - Circumstances Have Chaneed Since The Citv Initiated This Rezoning. Circumstances have completely changed since the DiMaggios bought the restaurant in 1999. They run a family restaurant, not a nightclub. Monika is the chef, and brings many years of experience fiom their restaurants in Vista and Manhattan Beach. The DiMaggios have cleaned up the building, limited their evening hours and halted evening entertainment. Jim has walked the neighborhood to survey residents on their feelings about his business. Complaints about noise and other problems have ceased. (See attached letter fkom neighbor Seth Sharon) In fact, many of the Seaside Bistro patrons are “walk-in” customers. The DiMaggios intend to maintain their business in a manner compatible with the surrounding residences. The DiMwios Are Willing To Work With The Citv To Guarantee That Their Restaurant NEVER Becomes A Nekhborhood Nuisance. The DiMaggios are willing to do whatever is necessary to be good neighbors. They will give up their cabaret license. They will reconfigure the restaurant to provide for adequate parking. In fact, the DiMaggios would like to rebuild and create a larger parking lot or underground parking to solve the neighborhood parking issue. In the long tenn, the DiMaggios actually encourage the City’s placement of a conditional use permit requirement on their property for any type of major improvement or change in use. The DiMaggios have had a long time dream of creating a European style inn, with the restaurant portion open to the public. They would offer only a small number of charming rooms adjacent to, or above, a cozy restaurant. This would certainly be compatible with a multi-family residential neighborhood, and would serve beach-going visitors, as well. An inn would require a conditional use permit, which the DiMaggios welcome. Under these circumstances, I urge you to take another look at the residential rezoning proposal for this property. A Restaurant Or European Stvle Inn On This Site Would Be An Asset To The City And The NeiPhborhood. A restaurant has served beach-goers, tourists and residents on this site for decades. The Seaside Bistro is an asset to the community. Visitors can enjoy a meal overlooking the ocean, or just the use of the phone or restrooms. The DiMaggios are happy to accommodate these requests. Neighbors appreciate a local cafk within walking distance, acd a number of patrons make it a morning routine 2 to stop in for a cup of coffee, a paper or breakfast. (see Attachment) Carlsbad is a richer, more diverse community due to the mixture of uses that enhance the beachfront area. The General Plan Supports Pedestrian-Friendly Neiphborhood Commercial Areas. A number of Carlsbad General Plan policies support the concept of small, neighborhood-fiiendly commercial uses that enhance residential neighborhoods. The Commercial Land Use Implementing Policies and Action Programs encourage neighborhood commercial uses to be spaced so as to serve residential neighborhoods, preferably by pedestrian access. (General Plan Land Use Element, Policies C.3 and C.7, p. 32.) Commercial recreation or tourist destination facilities are promoted, so long as the residential character of the community is protected. (Id., Policy C.8). Importantly, one of the underlying principles of the City’s Land Use Element is that “The intent of the land use plan is to provide a fill-service, balanced community where the needs of all the residents can be provided for, yet still have a cohesive urban form.” (General Plan Land Use Element, p. 2). The plan calls for residential communities “to be designed and developed, and to function as relatively self-contained entities in terms of community services.” (General Plan Land Use Element, p. 4). A bistro, or an inn and restaurant combination, is a usehl amenity in a high-density residential neighborhood. * In The Event of Rezoning, A Lonper Abatement Period Is Appropriate. While the DiMaggios hope that the property can retain a commercial zoning designation, if the City rezones to R-3, the potential abatement period should not begin until at least 2039. Staff has solicited, and received, materials from the property owner that support the establishment of 1989 - 1996 as the date of construction of the restaurant building. The owner essentially rebuilt the building in 1989, at the behest of the City, in order to protect the property against seismic activity. She spent over $230,000 in this process. The building continued to be altered until 1996. Therefore, the 40 year timefiame for removal of non-conforming structures (Zoning Code section 2 1.48.060) should begin somewhere around that time. While the DiMaggios appreciate stars effort to leave the restaurant in place for the time being by not recommending the establishment of an abatement period, my clients cannot obtain financing to purchase or improve -A) 3 the property without knowing for certain how long they can operate as a restaurant. They would hope to be able to operate the restaurant for at least that period in order to finance any future purchase and alternative development of the property. The possibility of a five or even ten year abatement period that could be imposed at any time creates a cloud on the property that hinders financing. The establishment of a long term amortization period would give my clients the security that they need. They have a 12 year lease on the property, starting in 1999. - e The DiMaggios are also faced with another “Catch-22” created by a rezoning coupled with an open abatement period. The Staff Report states that the “City will always have the option of establishing an abatement period should conditions warrant.” One of the conditions that would trigger immediate abatement is “customer parking in the surrounding area.” (Staff Report, page 12). But the DiMaggios cannot solve the problem of inadequate parking by building a larger adjacent or underground parking lot if their parcel is rezoned to R-3. In fact, they can make no major improvements on a nonconforming use and building. c The establishment of a 40+ year abatement period starting fiom a date within the period of 1989 to 1996 is both appropriate and fair, should the Commission decide that the property must be rezoned to R-3. 0 Conclusion. The DiMaggios respectfully request that the City leave the Seaside Bistro property in its current C-2 zone, and amend the General Plan to a TR (TraveVRecreation) or N (Neighborhood Commercial) designation to bring the parcel into conformity. The Local Coastal Program designation should be brought into conformity, as well. The Seaside Bistro is an asset to the neighborhood and community and should be retained. Thank you for your consideration of this request. ,/ Janet D. \ 4