HomeMy WebLinkAboutRP 92-10; Fish House Vera Cruz; Redevelopment Permits (RP) (3)# #
Citv of Carlsbad Housing & Redevelopment Department
July 10,20OO
RON BUTLER
BUTLER PROPERTIES
3285 CORPORATE VW
VISTA, CA. 92083-8528
RE:
Dear Ron:
PARKING m-LIEU FEE PARTICIPATION AGREEMENT
Per a telephone conversation today, enclosed please find another original of the Carlsbad
Redevelopment Agency Parking In-Lieu Fee Program Participation Agreement for your
signature. The agreement was revised as requested by your attomey to reflect Butler Properties,
LLC, as the appropriate party (property owner) to enter into the subject Agreement. Please note
that your signature must be properly notarized before the Agreement may be considered fully
executed by you. Please execute the document and retum to my office as soon as possible for
continued processing.
As mentioned in previous correspondence, the subject Agreement requires approval of the
Housing and Redevelopment Commission. Following Commission approval, the document will
be properly executed by the Carlsbad Redevelopment Agency. The In-Lieu Fee must be paid in
full within sixty (60) days of approval by the Commission. As noted within the Agreement, the
fee shall be the sum total of the fee calculated by multiplying the current parking in-lieu fee of
$11,240 by the number of required parking spaces (11 total) and then subtracting the total
parking sublease payments made to date by Fish House to the Carlsbad Redevelopment Agency.
Just for information purposes, as of the date of my last correspondence (5/30/00), our Finance
Department records indicate that Fish House had not made lease payments for the previous three
(3) months. Until the Parking In-Lieu Fee Participation Agreement is approved. Fish House will
need to continue to make the required lease payments. Once the Agreement is approved, credit
will be given for those documented lease payments made to the Redevelopment Agency. If you
have already made these and additional payments, you can ignore these comments on the lease
payments.
If you have any questions regarding the enclosed Agreement or the Parking In-Lieu Fee
Program, please contact my office at (760) 434-2815.
DEBBIE FOUNTAIN
Housing and Redevelopment Director
2966 Roosevelt St.. Ste. B • Carlsbad, CA 92008-2389 • (760) 434-2810/2811 • FAX (760) 720-2037 ^
Citv of Carlsbad
Housing & Redevelopment Department
May 30, 2000
RON BUTLER
BUTLER PROPERTIES
3285 CORPORATE VW
VISTA, CA. 92083-8528
RE: PARKING IN-LIEU FEE PARTICIPATION AGREEMENT
Dear Ron:
Per a telephone conversation with your attomey, the enclosed Carlsbad Redevelopment
Agency Parking In-Lieu Fee Program Participation Agreement has been revised to
reflect Butler Properties, LLC, as the appropriate party (property owner) to enter into the
subject Agreement. The revised Agreement is now forwarded to you for your signature.
Please note that your signature must be properly notarized before the Agreement may be
considered fully executed by you. Please execute the document and retum to my office as
soon as possible for continued processing.
As mentioned in previous correspondence, the subject Agreement requires approval of
the Housing and Redevelopment Commission. Following Commission approval, the
document wdll be properly executed by the Carlsbad Redevelopment Agency. The In-
Lieu Fee must be paid in full within sixty (60) days of approval by the Commission. As
noted within the Agreement, the fee shall be the sum total of the fee calculated by
multiplying the current parking in-lieu fee of $11,240 by the number of required parking
spaces (11 total) and then subtracting the total parking sublease payments made to date by
Fish House to the Carlsbad Redevelopment Agency.
Just for information purposes, I also wanted to share with you that our Finance
Department records indicate that Fish House has not made lease payments for the past
three (3) months. Until the Parking In-Lieu Fee Participation Agreement is approved.
Fish House will need to continue to make the required lease payments. Once the
Agreement is approved, credit will be given for those documented lease payments made
to the Redevelopment Agency.
If you have any questions regarding the enclosed Agreement or the Parking In-Lieu Fee
Program, please contact my office at (760) 434-2815.
Housing and Redevelopment Director
2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2389 • (760) 434-2810/2811 • FAX (760) 720-2037 @
RECORDING REQUESTED BY:
CityofCarlsbad
WHEN RECORDED MAIL TO:
Carlsbad Redevelopment Agency
Attn: Housing and Redevelopment Director
2965 Roosevelt Street, Suite B
Carlsbad, Califomia 92008
(Space above for Recorder's Use)
CITY OF CARLSBAD
HOUSING AND REDEVELOPMENT COMMISSION
PARKING IN-LIEU FEE PROGRAM
PARTICIPATION AGREEMENT
THIS PARTICIPATION AGREEMENT ("Agreement") is entered into this day
of , 2000, by and between the CARLSBAD HOUSING AND REDEVELOPMENT
COMMISSION, a municipal corporation (hereinafter referred to as the "Commission"), and BUTLER
PROPERTIES, LLC, a limited liability company, (hereinafter referred to as the "Program Participant"),
is made with reference to the following:
RECITALS
A. Program Participant is the owner of certain real property located at 417 Carlsbad Village
Drive (APN: 203-296-07) in the City ofCarlsbad, County of San Diego, State ofCalifornia, described in
"Attachment A", which is attached hereto and incorporated herein by this reference, and which is the
subject of a Major Redevelopment Permit (RP 92-10) and Coastal Development Permit (CDP 92-08),
which provided approval of a 3;346 square foot restaurant ("Project") on the subject property.
B. The project was conditioned to require the Program Participant to provide twenty-six
(26) parking spaces by constructing a ten (10) space parking lot on the site, five (5) spaces on the
adjacent public parking lot within the railroad right-of-way, and to sublease eleven (11) spaces on the
adjacent public parking lot (known as Baumgartner lot) from the Carlsbad Redevelopment Agency on a
monthly basis.
C. The Public Parking Sublease Agreement between the Housing and Redevelopment
Commission and Butler Properties, LLC (aka. Fish House Foods, Inc.) was approved on December 14,
1993, and the Program Participant began making the lease payments as of January 20,1994.
D. The Public Parking Sublease Agreernent had a five year term which expired in
December, 1998 and requires renewal, or satisfaction of the required eleven (11) parking spaces through
an altemate means, in order for Butler Properties, LLC. to continue operations of the subject restaurant.
E. Butler Properties, LLC. has requested, and the subject property is eligible, to participate
in the recently established Parking In-Lieu Fee Program to satisfy the eleven (11) space parking
requirement which was the subject of the recently expired Public Parking Sublease Agreement. The
project is consistent with the goals and objectives of the Village Master Plan and Design Manual, and the
use is consistent with the land use district in which the property is located.
F. The Parking In-Lieu Fee Program is currently in effect based on the Housing and
Redevelopment Commission's finding that there is adequate public parking available within the Village
to accommodate the parking demand for the subject project, and the fee has been established for the
program.
NOW, THEREFORE, incorporating the foregoing Recitals and in consideration of the mutual
covenants contained herein, the parties agree as follows:
1. THE RECITALS ARE TRUE AND CORRECT.
2, SATISFACTION OF ON-SITE PARKING REOUIREMENTS THROUGH THE
PAYMENT OF PARKING IN-LIEU FEE.
(a) Performance under this Agreement satisfies the Program Participant's obligation for
providing a maximum of eleven (11) on-site parking spaces for the land covered by Major
Redevelopment Permit No. 92-10 (RP 92-10) and Coastal Development Permit 92-08 (CDP
92-08), and upon fiill payment of the parking in-lieu fee releases Program Participant from
the requirement to lease public parking spaces from the Carlsbad Redevelopment Agency on
a monthly basis as set forth within RP 92-10 and CDP 92-08.
(b) The Program Participant shall pay the Parking In-Lieu Fee for a total of eleven (11) parking
spaces as approved by the Commission through execution of this Agreement. The total one
time fee shall be paid in full by the Program Participant within no later than sixty (60) days
of approval of this Agreement by the Housing and Redevelopment Commission. The fee
shall be the sum total of the fee calculated by the Housing and Redevelopment Director by
multiplying the current parking in-lieu fee ($11,240 as of 1/28/2000) per parking spaces
needed (11 total) and then subtracting the total parking sublease payments made to date by
the Program Participant to the Carlsbad Redevelopment Agency.
(c) The Program Participant shall have no right to designated parking spaces within the public
parking lots located within the Village Redevelopment Area, or at any other location within
the City of Carlsbad, nor shall the Program Participant have exclusive use of any public
parking spaces. Through participation in the subject Parking In-Lieu Fee Program, the
Program Participant agrees to assist the Carlsbad Redevelopment Agency in funding the
provision of existing, and/or the provision of new, off-street public parking spaces within the
Village Redevelopment Area of the City of Carlsbad. In exchange for participation in the
subject program, the Commission agrees to allow RP 92-10 and CDP 92-08 to remain in full
force and effect.
3. REMEDIES
Failure by the Program Participant to perform in accordance with this Agreement will constitute
failure to satisfy the requirements of Chapter 21.35 of the Carlsbad Municipal Code, the Village Master
Plan and Design Manual, and the conditions set forth in RP 92-10 and CDP 92-08, and will require the
Program Participant to continue monthly parking sublease payments to the Carlsbad Redevelopment
Agency until an altemate plan is submitted and approved for satisfaction of the project's parking
requirements. Such failure will allow the Commission and/or City to exercise any and all remedies
available to it including but not limited to legal action requiring the Program Participant to cease
restaurant operations on the subject property.
4. HOLD HARMLESS
Program Participant will indemnify and hold harmless (without limit as to amount) Commission
and its elected officials, officers, employees and agents in their official capacity (hereinafter collectively
referred to as "Indemnitees"), and any of them, from and against all loss, all risk of loss and all damage
(including expense) sustained or incurred because of or by reason of any and all claims, demands suits,
actions, obtained, allegedly caused by, arising out of or retaining in any manner to Program Participant's
actions or defaults pursuant to this Agreement, and shall protect and defend Indemnitees, and any of
them with respect thereto.
5 . NOTICES
All notices required pursuant to this Agreement shall be in writing and may be given by personal
delivery or by registered or certified mail, retum receipt requested to the party to receive such notice at
the address set forth below:
TO THE CITY:
Housing and Redevelopment Commission
Housing and Redevelopment Department
Attn: Housing & Redevelopment Director
2965 Roosevelt Street, Suite B
Carlsbad, Califomia 92008-23 89
TO THE PROGRAM PARTICIPANT:
Ron Butler, President
Butler Properties, LLC.
3285 Corporate VW
Vista, Ca. 92083-8528
Any party may change the address to which notices are to be sent by notifying the other parties of the
new address, in the manner set forth above.
6. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties and no modification hereof shall be
binding unless reduced to writing and signed by the parties hereto.
7. DURATION OF AGREEMENT
Except for the provisions of Paragraph 4, which shall survive the term of this Agreement, upon payment
ofthe parking in-lieu fee for the eleven (11) parking spaces for the subject Project, the Program Participant shall
have no further obligations under this Agreement.
8. SUCCESSORS
This Agreement shall benefit and bind the Program Participant and any successive owners of the subject
project as described in Attachment A to this Agreement.
9. JURISDICTION
Program Participant agrees and hereby stipulates that the proper venue and jurisdiction for any resolution of
disputes between the parties arising out of this Agreement is San Diego County, Califomia,
10. SEVERABILITY
In the event any provision contained in this Agreement is to be held invalid, void or unenforceable by any
court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless, be and remain in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the day and year
first above written.
PROGRAM PARTICIPANT
Butler Properties, LLC, Property Owner
By:
(Sign Here)
Ron Butler, Owner/President
(Print Name/Title)
COMMISSION
Housing and Redevelopment Commission, a
municipal corporation
By:
Claude A. Lewis, Chairperson
Attest:
By:
(Sign Here). Raymond R. Patchett, Secretary to Commission
(Prmt Name/Title)
(Proper notarial acknowledgment of execution by Program Participant must be attached)
Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. OthenA/ise, the corporation must attach a resolution
certified by the secretary or assistant secretary under corporate seal empowering the officer(s)
signing to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
BY:
Deputy City Attorney
ATTACHMENT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY
Address: 417 Carlsbad Village Drive
Assessor Parcel No.: 203-296-07
The subject property is more specifically described as:
Lot 1 of subdivision of a portion ofTract 106 of Carlsbad Lands, in the City of Carlsbad, County of San
Diego, State of Califomia, according to Map thereof No. 1710, filed in the Office of the County Recorder
of San Diego County, December 9, 1919.
Also, a rectangular strip of land one foot wide and seventy two feet long, being a portion of the westerly
side of lot 2 of subdivision of a portion ofTract 106 of Carlsbad Lands, according to Map thereof No.
1710, filed in the Office of the County Recorder of San Diego County, December 9, 1919, more
particularly described as follows:
Beginning at the intersection of the easterly line of Lot 1 of said subdivision with the southerly line of
Elm Street (also known as State Highway) and mnning along said easterly line of said Lot 1 in a
southerly direction, 72 feet; thence at right angles in an easterly direction, 1 foot; thence at right angles in
a northerly direction and parallel with said southerly line of said Elm Street (also known as State
Highway); thence in a westerly direction along the southerly line of said Elm Street to the point of
beginning. '
City of Carlsbad
Housing & Redevelopment Department
2965 Roosevelt St., Suite B
Carlsbad, California 92008-2389
RETURM SERVICE
REQUESTED
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RON BUTL]
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1229 LINDA
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RETURN TO SENDER
:FISW HOUSE FOODS INC
3265 CORPORATE VW
VISTA CA «?20S3-S5aa
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Citv of Carlsbad
Housing & Redevelopment Department
March 27, 2000
RON BUTLER
CARLSBAD FISH HOUSE, INC.
1229 LINDA VISTA DRIVE
SAN MARCOS, CA. 92069
RE: PARKING IN-LIEU FEE PROGRAM - CARLSBAD, CA.
Dear Ron:
On January 28, 2000, an agreement between the Carlsbad Housing and Redevelopment
Commission and Carlsbad Fish House for participation in the Village Parking In-Lieu
Fee Program for your restaurant at 417 Carlsbad Village Drive was forwarded to your
office for execution. As of the . . < '
not been retumed to my office,
as a reminder to execute the agi
you have misplaced the agreem
(760) 434-2815 or (760) 434-29"
As mentioned previously, the
Redevelopment Commission. I
in the Village Parking In-Li
requirement for your existing f
that we may initiate
discussion, your lease
maintain compliance with the:
option to the lease agreement is
If you have any questions i
correspondence, please contact
/-Sincerely,
DEBBIE FOUNTAIN
Housing and Redevelopment
develops 4fsi^i^^t''-''^.'^^'^ * ' " '-O-
i agreeme) ' ^ ^ -j-ij^- r^V^^ "^l^^-^^-k
•i&sK
2965 Roosevelt St., Ste. B • Carlsba 037 ®
Citv of Carlsbad
Housing & Redevelopment Department
March 27, 2000
RON BUTLER
CARLSBAD FISH HOUSE, INC.
1229 LINDA VISTA DRIVE
SAN MARCOS, CA. 92069
RE: PARKING IN-LIEU FEE PROGRAM - CARLSBAD, CA.
Dear Ron:
On January 28, 2000, an agreement between the Carlsbad Housing and Redevelopment
Commission and Carlsbad Fish House for participation in the Village Parking In-Lieu
Fee Program for your restaurant at 417 Carlsbad Village Drive was forwarded to your
office for execution. As of the date of this correspondence, the executed agreement has
not been retumed to my office. Therefore, this correspondence is being forwarded to you
as a reminder to execute the agreement and retum it to my office for further processing. If
you have misplaced the agreement and would like a new copy, please contact my office at
(760) 434-2815 or (760) 434-2935.
As mentioned previously, the subject agreement requires approval of the Housing and
Redevelopment Commission. If you have reconsidered and no longer wish to participate
in the Village Parking In-Lieu Fee program to satisfy a portion of the parking
requirement for your existing restaurant, please notify my office as soon as possible so
that we may initiate development of a new parking lease agreement. Per our previous
discussion, your lease agreement has expired and, therefore, must be renewed in order to
maintain compliance with the conditions of the approved redevelopment permit. The
option to the lease agreement is participation in the noted Parking In-Lieu Fee Program.
If you have any questions regarding the previously forwarded agreement or this
correspondence, please contact my office.
^^Sincerely,
DEBBIE FOUNTAIN
Housing and Redevelopment Director
2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2389 • (760) 434-2810/2811 • FAX (760) 720-2037
Citv of Carlsbad
Housing & Redevelopment Department
January 28, 2000
RON BUTLER
CARLSBAD FISH HOUSE, INC.
1229 LINDA VISTA DRIVE
SAN MARCOS, CA. 92069
RE: PARKING IN-LIEU FEE PROGRAM - CARLSBAD, CA
Dear Ron:
Enclosed please fmd for your signature the agreement between the Carlsbad Housing and
Redevelopment Commission and Carlsbad Fish House for participation in the Village Parking
In-Lieu Fee Program for your restaurant at 417 Carlsbad Village Drive. I apologize for the delay
in forwarding this agreement to you.
Please review the agreement and, if acceptable, execute it by providing your signature on the
fifth page. Please note that your signature must be notarized. Following execution, please retum
the agreement to my office for further processing. The agreement must be approved by the
Housing and Redevelopment Commission. As soon as you have signed the agreement and
retumed it to me, I will schedule it for a fiiture Commission meeting. Once the Commission has
approved the agreement, you will be required to pay the appropriate fee within 60 days. After
payment of the parking in-lieu fee, you will have no further obligation for parking payments as
related to your existing restaurant.
Thank you for your patience. If you have any questions regarding the enclosed agreement or the
Parking In-Lieu Fee Program, please contact my office at (760) 434-2815.
Sincerely,
DEBBIE FOUNTAIN
Housing and Redevelopment Director
2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2389 • (760) 434-2810/2811 • FAX (760) 720-2037 ^
(5ttv of Cadsbad
Housing & Redevelopment Department
September 22, 1999
RON BUTLER
CARLSBAD FISH HOUSE, INC.
1229 LINDA VISTA DRIVE
SAN MARCOS, CA 92069
RE:
Dear Ron:
SUBLEASE AGREEMENT FOR PUBLIC PARKING
On December 14, 1993, the Carisbad Housing and Redevelopment Commission approved execution of
an agreement with Carlsbad Fishhouse, Inc. for sublease of a total of eleven (11) public parking spaces
on property located at 3045-65-67 State Street, commonly referred to as the "Baumgartner Lof. The
term of the sublease was for a five year period commencing on the Commencement Date, which is
defined as the date the Certificate of Occupancy (temporary or permanent) was issued for the restaurant
by the City ofCarlsbad. The sublease, therefore, commenced on September 27, 1993.
The above noted sublease actually expired as of September 27, 1998 which means that it needs to be
extended as soon as possible to allow for continued operation of the Fishhouse Vera Cruz restaurant in
Carlsbad. The sublease allows for renewal of the agreement for an additional five year term with
approval of both the Lessee (Commission) and Sublessee (Fishhouse).
In addition to extending the existing sublease agreement for another five year term, Fishhouse has the
option of entering into an agreement to participate in the recently approved Village Parking In-Lieu Fee
Program. This program allows for a one time payment for utilization of public parking spaces to meet a
private parking requirement, with the fee currently set at $11,240 per required parking space to be
provided off-site. For Fishhouse, the total one time fee would be $123,640. Once the fee is paid,
Fishhouse would have no further obligation for monthly parking sublease payments related to current
restaurant operations. It would be staffs recommendation to the Commission that Fishhouse receive fiill
credit for the monthly sublease payments made to date according to the subject public parking sublease
agreement. Based on City records, we believe Fishhouse has made parking payments to date equal to
approximately one half of that total fee payment. We are still trying to finalize on our records as to the
exact dollar payment made to date..
If Fishhouse does not wish to participate in the Parking In-Lieu Fee Program, the existing sublease
agreement must be immediately extended in order for the restaurant to remain in compliance with its
conditions of approval. Please notify my office within ten (10) days of receipt ofthis letter as to how
you wish to proceed on this matter. You may contact my office at (760) 434-2815.
cerely,
DEBBIE FOUNTAIN
Housing and Redevelopment Director 4 pa^ -tlu ^
2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2389 • (760) 434-2810/2811 • FAX (760) 720-2037 @
December 10, 1992
TO: MARTY ORENYAK. COMMUNITY DEVELOPMENT DIRECTOR
VIA: Evan Becker, Housing & Redevelopnnent Direct^
FROM: Karen Sauer, Managennent Analyst ^
PUBLIC HEARING-FISH HOUSE VERA CRUZ (RP 92-10 and CDP 92-08)
The Fish House Vera Cruz Agenda Bill including exhibits (Design Review Board
Resolutions, Location Map, Staff Report and Design Review Board Minutes) has been
prepared. This itenn needs to be scheduied for consideration by the Housing &
Redevelopnnent Connnnission as a Public Hearing. Ifthe January 5,1992 agenda pernnits,
the public noticing requirennents can be nnet.
Your signature is requested on the attached Agenda Bill and Request for Public Hearing
'-.rnn for the City Clerk's Office. Thank you.
KAREN E. SAUER
Attachnnents
c: R. Green
B. Wojcik
EXHIBIT 2
(A
GRANDAVE
01
1:SITE^ CARLSSAO VUAGC M
1
RSH HOUSE VERA CRUZ RP 92-10/CDP 92-8
A EXHIBIT 3
APPLIC^ON COMPLETE DATE:
OCTOBER 29. 1992
STAFF REPORT
DATE: DECEMBER 2, 1992
TO: DESIGN REVIEW BOARD
FROM: PLANNING DEPARTMENT
SUBJECT: RP 92-10/CDP 92-08 - FISH HOUSE VERA CRUZ - Redevelopment Permit
and Coastal Development Pennit for demolition of a retail building and
construction of a restaurant and retail building at 417 Carlsbad Village Drive
in the Village Redevelopment Zone and in the Local Facilities Management
Zone 1.
1. RECOMMENDATION
That the Design Review Board AE)OPT Design Review Board Resolution No. 197,
recommending APPROVAL of the Negative Declaration issued by the Planning Director and
ADOPT Design Review Board Resolution Nos. 198 and 199, recommending APPROVAL of
RP 92-10 and CDP 92-08, to the Housing and Redevelopment Conunission, based on the
findings and subject to the conditions contained therein.
II. PROJECT DESCRIPTION AND BACKGROUND
This application is for the demolition of an existing retail building and construction of a
new 3346 square foot restaurant and retail fish market on the pad; demolition of adjacent
storage buildings and the provision of an additional 10 space parking lot.
The stnicture v^l be one story with stucco walls and a terra cotta tile roof exterior in an
adobe style. Landscaping will be added to the street frontage and parking lot.
in. ANALYSIS
The proposal is for the demolition of an existing retail structure and associated storage
buildings. These structures will be replaced by a new restaurant and retail fish store on
the pad of the previous retail building. Additionally, ten new parking spaces will be
constructed on the site of the demolished storage buildings. A lease agreement which has
already been finalized with the City Coimcil, will provide eleven spaces from the adjoining
public parking lot.
RP 92-10/CDP 92-08 ^
FISH HOUSE VERA CRUZ
DECEMBER 2, 1992
PAGE 2
This project is subject to the following standards and policies:
A. Village Redevelopment Zone regulations, Village Design Manual, Coastal Program.
B. City of Carlsbad General Plan.
C. Carisbad Municipal Code Title 21, Chapter 21.44.
D. Growth Management
VILLAGE REDEVELOPMENT ZONE. DESIGN MANUAL. COASTAL PROGRAM:
A. The site is within the Village Redevelopment Zone which is govemed by the
provisions of the Village Design Manual. This use is permitted by the Village Design
Manual. The goal of the manual for this portion of Carlsbad is to "function as the
major....specialty, commercial center for the downtown area." The proposed
restaurant will enhance this fimction. Designs which "utilize a high degree of
landscaping" are also encouraged along..."street front setbacks". This development
proposed not only landscaping along the street, but landscaped areas along the side
of the buildings which are visible from the street. These elements will add to and
complimt HL the existing iandscaping along Carlsbad Village Drive, and integrate the
project :nto the downtown.
The Village Design Manual is the City's adopted Local Coastal Program. As noted
above, the project complies with the manual and is therefore consistent with the
Coastal Program.
GENERAL PLAN:
B. This site lies within an area designated Central Business District on the General
Plan. The City's General Plan contains the following guidelines which are pertinent
to this commercial development:
"Provide a variety of commercial and tourist recreational
activity in the downtown core conunercial area, especially close
to the beach, in connection with special entertainment
facilities, restaurants and other uses..."
"Encourage cleanup, landscaping, beautification (and) utility
undergrounding in the downtown core commercial area."
General Plan Commercial Guidelines 4 and 14.
This proposed restaurant is approximately 1500 feet from the beach. Two derelict
storage buildings will be demolished and, additional landscaping will be added, on
this site. The development is therefore consistent with the above goals of the
General Plan which encourages commercial development which beautifies the
downtown area and which is in close proximity to the beach.
RP 92-10/CDP 92-08
FISH HOUSE VERA CRUZ
DECEMBER 2, 1992
PAGE 3
MUNICIPAL CODE:
C. This project is subject to the parking standards contained in the Zoning Ordinance.
Restaurants require 1 parking space for every 100 square feet of floor area, while
retail uses require 1 space for every 300 square feet. Staff review of the floor plan
indicates 2158 square feet of restaurant and 1188 square feet of retail space. 26
spaces are to be provided for this facility by construction of a ten space lot on the
site, five spaces on the adjacent lot, and the leasing of eleven spaces on an adjacent
lot from the Carlsbad Redevelopment Agency. This lease anangement was reviewed
and approved by the City Council acting as the Housing and Redevelopment
Commission at the meeting of September 8,1992. Adequate parking will therefore
be available for this proposal.
LOCAL FACILITIES MANAGEMENT PLAN:
D. The site is located within Local Facilities Management Zone 1. The impacts on
public facilities created by the proposed project and compliance with the adopted
performance standards are stmimarized in the tables below. This type of
commercial property replacement was anticipated by the Local Facilities
Management Plar for thi v Zone.
FAOLmr IMPACTS COMPLIANCE WTTH
STANDARDS
City Admin Facility N/A Yes
Library N/A Yes
Wastewater Treatment Capacity N/A Yes
Parks N/A Yes
Drainage N/A Yes
Circulation N/A Yes
Fire Station #1 Yes
Schools N/A Yes
Sewer Collection System 15.8 EDU Yes
Water Distribution System 3740 GPD Yes
Open Space N/A Yes
RP 92-10/CDP 92-08
FISH HOUSE VERA CRUZ
DECEMBER 2, 1992
PAGE 4
IV. ENVIRONMENTAL REVIEW
The application proposes replacement of an existing conunercial property. No significant
adverse enviroimiental impacts will result, therefore, the Planning Director has issued a
Negative Declaration for this proposal on October 22, 1992 based on the requirements of
the Carlsbad Municipal Code, Environmental Protection Procedures, Title 19 and the
Califomia Envirorunental Quality Act.
FISCAL IMPACT
The Fish House Vera Cruz project would generate positive economic impacts for the City
and the Redevelopment Agency. The City receives 1% of the total annual sales generated
as sales tax revenues. This project has been estimated to generate $20,000 annually in
sales tax revenues. In addition, the Redevelopment Agency receives 1% of the assessed
value of property located within the Village Redevelopment Area. This project is expected
to increase the assessed value (land plus improvements) of the site by approximately
$400,000. The tax increment revenue increa^^e would be about $4,000 and the total
/ t-mr ted tax increment revenues to be generated annually would be about $5,976. The
total amount of revenues generated by the proposed Fish House Vera Cruz project for the
City and the Redevelopment Agency would be approximately $25,976.
SUMMARY
The Housing and Redevelopment Department is supportive of this project, which would be
a positive addition to the Village Redevelopment Area.
This project complies with all applicable City codes and policies. The staff is therefore
reconunending approval of the project.
ATTACHMENTS
1. Design Review Board Resolution No. 197
2. Design Review Board Resolution No. 198
3. Design Review Board Resolution No. 199
4. Location Map
5. Disclosure Form
6. Background Data Sheet
7. Exhibits "A" - "E", dated, December 2, 1992
RG:lh
October 8, 1992
City of Carlsbad
Planning Department
NEGATIVE DECLARATION
PROJECT ADDRESS/LOCATION: 417 Carlsbad Village Drive
PROJECT DESCRIPTION: Conversion of a retail building to a restaurant and retail fish
market; demolition of storage building and formation of a
parking lot.
The City ofCarlsbad has conducted an environmental review of the above described project
pursuant to the Guidelines for Implementation of the Califomia Envirorunental (QuaUty Act
Bind the Environmental Protection Ordinance of the Qty of Carlsbad. As a result of said
review, a Negative Declaration (declaration that the project will not have a significarr
iir.: act on the environment) is hereby issued for the subject project. Justification for this
action is on file in the Plarming Department.
A copy of the Negative Declaration with supportive documents is on file in the Planning
Department, 2075 Las Palmas Drive, Carlsbad, Califomia 92009. Conunents from the
public are invited. Please submit comments in writing to the Plaiming Department within
30 days of date of issuance. If you have any questions, please call Robert Green in the
Plaiming Department at (619) 438-1161, extension 4442.
DATED:
CASE NO:
CASE NAME:
OCTOBER 22, 1992
RP 92-10/CDP 92-08
FISH HOUSE VERA CRUZ
/ MICHAE^ J. HOLZ
^^Planning Director
PUBUSH DATE: OCTOBER 22, 1992
RG:lh
® 2075 Las Palmas Drive • Carlsbad, California 92009-1576 (619) 438-1 161
ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART H
(TO BE COMPLETED BY THE PLANNING DEPARTMENT)
CASE NO. RP 92-10/CDP 92-08
DATE: October 1. 1992
BACKGROUND
1. CASE NAME: Fish House Vera Cruz
2. APPLICANT: Mr. Ron Butler & Mr. Rex Butler
3. ADDRESS AND PHONE NUMBER OF APPUCANT: 1229 Linda Vista Drive
San Marcos. CA 92069
4. DATE EL\ FORM PART I SUBMITTED: September 17. 1992
5. PROJECT DESCRIPTION: Conversion of a retail building to a restaurant and retail fish
market: demolition of a storaee building and formation of a parking lot.
ENVIRONMENTAL IMPACTS
STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City conduct an
Envirorunental Impact Assessment to determine if a project may have a significant effect on the environment.
The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist
8 identifies any physical, biological and human factors that might be impacted by the proposed project and
provides the City with information to use as the basis for deciding whether to prepare an Environmental
Impact Report or Negative Declaration.
* A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or
any of its aspects may cause"a significant effect on the environment. On the checklist, "NO" will be checked
to indicate this detennination.
* An EIR must be prepared if the Qty determines that there is substantial evidence that any aspect c f the
project may cause a significant effect on the environment. The project m2^ qualify for a Negative
Declaration however, if adverse impacts are mitigated so that environmental effects can be deemed
insignificant. These findings are shown in the checklist under the headings "YES-sig" and 'YF.S insig"
respectively.
A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under
DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing
mitigation for impacts which would otherwise be determined significant.
PHYSICAL ENVIRONMENT
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES
(sig)
YES
(insig)
NO
1. Result in unstable earth conditions or
increase the exposure of people or property
to geologic hazards?
2. Appreciably change the topography or any
imique physical features?
3. Result in or be affected by erosion of soils
either on or off the site?
4. Result in changes in the deposition of beach
sands, or modification of the channel of a
river or stream or the bed of the ocean or
any bay, inlet or lake?
5. Result in substantial adverse effects on
ambient air quality?
6. Result in substanti changes in air
movement, odor, moisture, or temperature?
7. Substantially change the course or flow of
water (marine, fresh or flood waters)?
8. Affect the quantity or quality of surface
water, ground water or public water supply?
9. Substantially increase usage or cause
depletion of any natural resources?
10. Use substantial amoimts of fuel or energy?
11. Alter a significant archeological,
paieontological or historical site,
structure or object?
-2-
BIOLOGICAL ENVIRONMENT
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO
(sig) (insig)
12. Affect the diversity of species, habitat
or numbers of any species of plants (including
trees, shrubs, grass, microflora and aquatic
plants)?
13. Introduce new species of plants into an area,
or a barrier to the normal replenishment of
existing species? __X_
14. Reduce the amount of acreage of any
agricultural crop or affect prime, unique
or other farmland of state or local
importance?
15. Affect the diversity of species, habitat
or numbers of any species of animals (birds,
land animals, all water dw* " ing organisms
and insects? _X_
16. Introduce new species of animals into an
area, or result in a barrier to the
migration or movement of animals? X
HUMAN ENVIRONMENT
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO
(sig) (insig)
17. Alter the present or planned land use
of an area? X
18. Substantially affect public utilities,
schools, police, fire, emergency or other
public services? _X_
-3-
HUMAN ENVIRONMENT
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY:
19. Result in the need for new or modified sewer
systems, solid waste or hazardous waste
control systems?
20. Increase existing noise levels?
21. Produce new light or glare?
22. Involve a significant risk of an explosion
or the release of hazardous substances
(including, but not limited to, oil,
pesticides, chemicals or radiation)?
23. Substantially alter the density of the
human population of an area?
24. Affect existing housing, or create a demand
for additional housing?
25. Generate substantial additional traffic?
26. Affect existing parking facilities, or
create a large demand for new parking?
27. Impact existing transportation systems or
alter present pattems of circulation or
movement of people and/or goods?
28. Alter waterbome, rail or air traffic?
29. Increase traffic hazards to motor
vehicles, bicyclists or pedestrians?
30. Interfere with emergency response plans or
emergency evacuation plans?
31. Obstruct any scenic vista or create an
aesthetically offensive public view?
32. Affect the quality or quantity of
existing recreational opportunities?
YES
(sig)
YES
(insig)
NO
MANDATORY FINDINGS OF SIGNIHCANCE
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY:
33. Does the project have the potential
to substantially degrade the quality
of the environment, substantially
reduce the habitat of a fish or wild-
life species, cause a fish or wildlife
population to drop below self-sustaining
levels, threaten to eliminate a plant or
animal commimity, reduce the number or
restrict the range of a rare or en-
dangered plant or animal, or eliminate
important examples of the major periods
of Califomia history or prehistory.
34. Does the project have the potential
to achieve short-term, to the dis-
advantage of long-term, environmental
goals? (A short-term impact on the
enviro rment is one which occurs in a
relatively brief, definitive period of
time while long-term impacts will
endure well into the future.)
35. Does the project have the possible
environmental effects which are in-
dividually limited but cumulatively
considerable? ("Cumulatively con-
siderable" means that the incremental
effects of an individual project are
considerable when viewed in connection
with the effects of past projects, the
effects of other current projects, and
the effects of probable ftiture projects.)
36. Does the project have environmental
effects which will cause substantial
adverse effects on human beings,
either directiy or indirectiy?
YES YES NO
(sig) (insig)
-5-
DISCUSSIQN OF ENVIRQNMENTAL EVALUATION
5,8. An underground gasoline storage tank has been removed from the rear of the existing building to
the satisfaction of the Environmental Protection Agency and the City Fire Department. Therefore
any potential substantial adverse environmental impacts from this tank have been eliminated.
19. The City's building regulations require the installation of a grease trap on the restaurant
sewer. This will prevent adverse impacts from the use on the City sewer system.
26. The conversion of the use from retail to retail-restaurant will result in the need for
additional parking spaces to serve the proposal. Currently no parking spaces are
provided to the existing use. This proposal will provide an additional 10 spaces on the
site. A further 11 spaces are to be leased from an adjoining lot. This will provide a total
of 21 spaces which is adequate to serve the uses proposed based in the requirements of
the City of Carlsbad Zoning Ordinance.
-6.
ANALYSIS QF VL^iBLE ALTERNATIVES TQ THE PROPOSED PRQJECT SUCH AS:
a) Phased development of the project,
b) altemate site designs,
c) altemate scale of development,
d) altemate uses for the site,
e) development at some future time rather than now,
f) altemate sites for the proposed project, and
g) no project altemative.
DETERMINATION (To Be Completed By The Planning Department)
On the basis of this initial evaluation:
J( I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE
DECLARATION will be prepared.
I find that the proposed project COULD NOT have a significant effect on the environment, because the
environmental effects of the proposed project have already been considered in conjunction with
previously certified environmental documents and no additional environmental review is required.
Therefore, a Notice of Determination has been prepared.
I find that although the proposed project could have a significant effect on the environment, there will
not be a significant effect in this case because the mitigation measures described on an attached
sheet have been added to the project. A Conditional Negative
Declaration will be proposed.
I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL
IMPACT REPORT is required.
* (K^
Date
^^353pg^ Pfa^^^^ke Date JJoaCf. PtenmnjL/Ourector
LIST MITIGATING MEASURES (IF APPLICABLE^
NQNE
ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE!
-8-
at X
c/5
GRANDAVE
CO
::SITE%| CARLSBAO VUAGE OR
CitTof CirlM
FISH HOUSE VERA CRUZ RP 92-10/CDP 92-8
SENT BY:CITY OF CORLSBOD 11-10-92 12:00PM ; 619^^0894-) 619 471 1603;tt 4*
Citv of Carlsbad
^^lclllfi:>< |>.irtMi«>iit
DlSCLOSL'Rfi STATEMENT
O.SCffriONAffY ACTION ON THE PAITT 0^ THi QfTf COUNCIL 0^ ANY AP^OlNTfO %OAK, COMMMiON OM COMMrrT||.
(Plut§ Print)
Tht following Information mutt b« dltdottd:
1. ABfillfiiOt
istjht namtt tnd iddrttttt of all ptrton^ having a fini Ustjht namtt and ^drtttat all ptrton^ having a financial Inttraat in tha applieation.
Owntf
Litt tha namtt and addrtaati of aii ptrtent having any ownarthip inttraat in tha proparty )nvo^td.
if any paraon idantiflad purauant to (1) or (2) apova la a eorporalion or paitnarahlp. Hat tha namtt ana
addrattaa of aii Individuala owning mora thanl 0% of tha aharaa In tho eorporatton or owning any partntnhtp
intaraat in tho partnerahip.
If any peraon identMod pgrauant te (1) or (2) above ie a non^oflt organiiation or a truat, iiat the namtt tne
addraaaee of any peraon aerving aa officer or direetor of the noni^rofn organixation or aa truatee or bantficiar^
of the truat / ^ / -r- ^
PRM00013 8/?0
207S LM Peimae Drlvo • CaricOad. Calirornio 92009-4600 • <010) 430*1 iei
SENT BY:CITY QF CORLSBOD k11-10-92 12:01PM ; 619^^-3894-) 619 471 1603;« 1
Oiecloeure Itatemeni Page 2
S. Have you had more than S2S0 worth of butinnt trantactad with any mamoer ef City ttaff, Boards
Committ<cn^ Committtet and Council within the paat twelve montha?
Ytt ^ No ^ If ytt. pitata indicate oerten^t^
ll «aftn«d At: 'Afiy tntMiual. ^m. MtaiiMftiof, joint vtntum. •niilHw. wmm aluk, ftmm&i trf ifiluMA. HifWfi. ttUtt. iruit.
toinftifitMA Monf m I una'
/5»;|^
m^SJl: Attach addHional pagee aa necaaaary.)
lignatui;i/ef Owner/d«ei
PfH^c<i ti. t^esyOZt^
Pruit or type name of owner
BACKGROUND DATA SHEET
CASE NQ: RP 92-10/CDP 92-08
CASE NAME: FISH HOUSE VERA CRUZ
APPLICANT: RON & REX BUTLER
REQUEST AND LOCATION: 417 CARLSBAD VILLAGE DRIVE
LEGAL DESCRIPTION: LOT 1 TRACT IPG OF THE CITY QF CARLSBAD. MAP NO. 1710.
CQUNTY QF SAN DIEGO RECORDER. DECEMBER 1919.
APN: 203-296-07 Acres 0.17 Proposed No. of Lots/Units
(Assessor's Parcel Number)
GENERAL PLAN AND ZONING
Land Use Designation CENTRAL BUSINESS DISTRICT
Density Allowed Density Proposed
Existing Zone .VR Proposed Zone
Surrounding Zoning and Land Use: (See attached for information on Carlsbad's Zoning
Requirements)
Zoning Land Use
Site _VR COMMERCL\L
North VR COMMERCL\L
Soutii VR PARKING LOT
East _VR COMMERCL\L
West T£ PARKING LOT/RAILWAY
PUBUC FACILITIES
School District CARLSBAD Water District CARLSBAD Sewer District CARLSBAD
Equivalent Dwelling Units (Sewer Capacity) J2
Public Facilities Fee Agreement, dated DECEMBER 2. 1992
ENVIRONMENTAL IMPACT ASSESSMENT
X Negative Declaration, issued OCTOBER 22. 1992
Certified Environmental Impact Report, dated
/-»*u RG:lh
Other,
EXHIBIT 4
Minutes of:
Time of Meeting:
Date of Meeting:
Place of Meeting:
CALL TO ORDER:
DESIGN REVIEW BOARD
5:00 P.M.
December 2, 1992
CITY HALL GOUNCIL CHAMBERS
Chairman Noble called the Regular Meeting to order at 5:05 p.m.
ROLL CALL:
Chairman Noble, Members En^/in, Rowlett, Savary
Member Gonzales
Present:
Absent:
Staff Present Evan Becker, Housing and Redevelopment Director
Debbie Fountain, Senior Management Analyst
Robert Green, Principal Planner
Karen Hirata, Deputy City Attorney
Karen Sauer, Management Analyst
Eric Munoz, Associate Planner
Bob Wojcik, Principal Civil Engineer
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Chairman Noble.
APPROVAL OF MINUTES:
ACTION: Motion by Member En^in, and duly seconded, to approve the Minutes of the Regular
Meeting of October 7,1992, as submitted.
AYES: Chairman Noble, Members En/vin, Savary
NOES: None
ABSTAIN: Member Rowlett
ABSENT: Member Gonzales
COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED ON THE AGENDA:
There were no requests to address the Board.
PUBLIC HEARING:
1. RP 92-10/CDP 92-08 - FISH HOUSE VERA CRUZ - Request for a Major Redevelopment Permit
and Coastal Development Permit for the demolition of a retail building and construction of a
restaurant and retail building at 417 Carlsbad Village Drive in the Village Redevelopment Zone in the
Local Facilities Management Zone 1.
Karen Sauer, Management Analyst, reviewed the fiscal impacts of the request and stated that tax
increment revenues are estimated to increase by $4,000 and additionai sales tax revenue for the City's
general fund is estimated to be $20,000 annually.
Robert Green, Principal Planner, stated that the existing retail building and adjacent storage buildings
would be demolished and replaced by a new 3,346 s.f. building featuring a seafood restaurant and small
retail fish market. The architecture will be stucco (adobe style) with a terra cotta tile roof. There will be 26
DESIGN REVIEW BOARD December 2, 1992 PAGE 2
parking places provided in addition to extensive landscaping. He concluded his remarks by requesting that
Condition #27 on page 4 of Resolution No. 198 be deleted.
At the request of Board members, staff clarified details regarding the parking space calculation, drainage,
and hardware for the emergency door.
Chairman Noble opened the public testimony and issued the invitation to speak.
Ron Butler, applicant, was present but declined to speak.
Bill Skidmore, 143 So. Cedros, Solana Beach, architect for theapplicant, explained that the emergency
door would be located on the west side of the building and, for noise mitigation, the windows would be
made of plate glass but would be stationary and not able to be opened. Member Rowlett suggested that
some consideration be given to Plexiglas.
John Jones, 3044 State Street, Carlsbad, addressed the Board and stated that he is in favor of the Fish
House but is concerned about water runoff from the adjacent building due to the fire wall which is being
constructed. He also recommended that there be only one entrance and one exit to the parking lot (in a
loop manner), because he is concerned about cars traveling west on Carlsbad Village Drive which would
need to cross the median in order to enter the parking lot. He also hopes that the utilities will be
undergrounded prior to construction of the new building.
Bill Ryburn, 2019 Estero Street, Oceanside, addressed the Board and stated that he owns the adjoining
building. He is happy to see Fish House Vera Cruz come to Carlsbad because he is very impressed with
the operation they have in San Marcos.
Steven LaF 5, Attorney, 2111 Palomar Airport Road, Carlsbad, representing Mr. Ryburn, addressed the
Board and stated that the runoff issue needs to be resolved during the design phase. He requested that a
condition be added requiring the applicant to work with the adjoining property owner. Mr. LaRue is also
concerned that heavy equipment used for the demolition may cause structural problems with Mr. Ryburn's
building. He suggested a condition requiring a hold harmless bond. Mr. LaRue expressed concern about
the adequacy of restaurant parking once the commuter rail line is operational, since some of the parking
allocated to the restaurant will be from a public parking lot.
There being no other persons desiring to address the Board on this topic, Chairman Noble declared the
public testimony closed and opened the item for discussion among the members.
Chairman Noble responded to Mr. LaRue's comment about parking for the commuter rail and stated that
NCTD will have its own parking lot for the commuter rail. As a result, the restaurant parking will not be
affected.
Karen Sauer, Management Analyst, responded to Mr. LaRue's comment regarding heavy equipment being
used for the demolition phase and stated that the existing building will not be bulldozed; the plan is for the
materials to be dismantled and used elsewhere.
Robert Green, Principal Planner, responded that staff is aware of the runoff issue and that the applicant is
currently working with the adjacent property owner. Mr. Green does not believe that the Design Review
Board can legally regulate this issue.
Bob Wojcik, Principal Civil Engineer, indicated that a median is not included in the plans for Carlsbad
Village Drive between the railroad tracks and State Street, and that the utility pole referred to by Mr. Jones
is not included in Streetscape Phase V.
DESIGN REVIEW BOARD December 2.1992 PAGE 3
Karen Hirata, Deputy City Attorney, suggested that a condition could be added to the effect that "the
applicant will design a building with an adequate drainage system which will not exacerbate drainage
problems on the adjacent property."
Chairman Noble requested Mr. Skidmore (applicant's architect) to comment on the proposed resolution to
protect the adjacent owner from a runoff problem. Mr. Skidmore generally agreed to the proposed
condition but could not offer to fix Mr. Ryburn's roof. He was willing to arrange with his roofer to do the
work concurrently with the restaurant project, as long as Mr. Ryburn pays for it.
Robert Green, Principal Planner, stated that the existing buildings were constructed before there was a
requirement for a fire wall. At the present time, rain water from Mr. Ryburn's roof runs off on to the
building to be demolished. The new fire wall being constructed will prevent runoff from the applicant's
building onto Mr. Ryburn's building. Mr. Green feels it is a private matter which needs to be worked out
between the parties.
ACTION: Motion was made by Member En/vin, and duly seconded, to adopt Design Review Board
Resolution No. 197, recommending approval of the Negative Declaration issued by the
Planning Director, and adopt Design Review Board Resolution Nos. 198 and 199,
recommending approval of RP 92-10 and CDP 92-08, to the Housing and
Redevelopment Commission, based on the findings and sut}ject to the conditions
contained therein, with the following changes: (1) delete Condition #27 of
Resolution No. 198; and (2) add a new condition to Resolution No. 198, following
Condition #20, which states that parking for the building shall be provided in accordance
with figures stated in the Design Review Staff Report dated December 2,1992.
AYES: Chairman Noble, Members Erwin, Rowlett, Savary •
NOES: Nc
ABSTAIN: No e
ABSENT: Member Gonzales
DEPARTMENTAL REPORTS:
1. RP 84-04(A) - POLLOS MARIA DRIVE THRU - Request for a drive-thru window at the existing
Polios Maria Restaurant located at 3055 Harding Street within Sub-area 7 of the Village
Redevelopment Zone in Local Facilities Management Zone 1.
Debbie Fountain, Senior Management Analyst, reviewed the background of the request and stated that
staff is recommending the requested amendment be denied due to their concern for safety issues. She
turned the time over to Eric Munoz of the Planning staff to explain the reasoning for the recommendation.
Eric Munoz, Associate Planner, stated that the proposed drive-thru does not meet City standards or
engineering guidelines because the lot is severely constrained and would not provide adequate queuing for
vehicles, the handicap parking space would be blocked, and circulation via the rear alley would be unsafe
to pedestrians and other vehicles.
Chairman Noble opened the public testimony and issued the invitation to speak.
Michael Winfield, Architura, 10457A Roselle Street, San Diego, representing the applicant, addressed the
Board and stated that he disagreed with staff's findings. He submitted drawings which portrayed how the
drive-thru could accommodate the necessary vehicles. Mr. Winfield feels that most people would not
purchase single items at this drive-thru but, in actuality, would probably purchase dinner for four persons.
As a result, he feels that the engineering requirement for queuing should be reduced.
There being no other persons desiring to address the Board on this topic. Chairman Noble declared the
public testimony closed and opened the item for discussion among the members.
DESIGN REVIEW BOARD December 2,1992 PAGE 4
Member Savary feels that vehicles entering or leaving the rear alley from Carlsbad Village Drive or Oak
Street would be a hazard to oncoming traffic.
ACTION: Motion was made by Member Erwin, and duly seconded, to adopt Design Review Board
Resolution No. 200, denying RP 84-04(A), based on the findings contained therein.
AYES: Chairman Noble, Members Erwin, Rowlett, Savary
NOES: None
ABSTAIN: None
ABSENT: Member Gonzales
Chairman Noble advised the applicant that she has the option of appealing the denial to the Housing and
Redevelopment Commission within 10 days.
ADJOURNMENT:
By proper motion, the Regular meeting of December 2,1992 was adjourned at 6:02 p.m.
Respectfully submitted.
EVAN BECKER
Housing and Redevelopment Director