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Home My WebLink AboutSP 27A; Gerico's Restaurant; Specific Plan (SP)LAND USB PLANNING APPLICATION DISCRETIONARY ACTIONS REQUEST a Zone Change OGeneral Plan Amendment nTentative Tract Map DMajor Planned Unit Development DMaster Plan OMajor Redevelopment Permit D Minor Redevelopment Permit DPrecise Development Plan (check other boxes if appropriate) ^Specific Plan DSite Development Plan DConditional Use Permit DVariance DPlanning Commission Determination DSpecial Use Permit nstructure Relocation QMajor Condominium Permit QCoastal Permit (Portion of Redevelopment Area Only) Complete Description of Project (attach additional sheets if necessary)T,ve are reducing the premises of our on-sale liquor license so that v;e may use that portion for our off-sale license This allows us to ffo into the service of delivering food and, liquor to the homes in Carlsbad. Legal Description (complete) Lot 2. Tamarack Plaza. Map No. Assessors Parcel Number Book 20^, page 032, parcel 37 .one C.-2 General Plan Restaurant Existing Use Re staurant/Lounge Proposed Zone Proposed General Plan R^etmtt^aft±/L o ung e / '"'Liquor Store\) Site Acreage .88 acres Owner Applicant "Jame (Print or Type) Gerico's Restaurant Name (Print or Type) Gerico's Restaurant Mailing Address 850 Tamarack Ave. Carlsbad, Mailing Address 850 Tamarack Ave. Carlsbad, :ity and State Calif. Zip Telephone 92008 729-4996 City and State Zip Telephone Calif. 92008 729-4-996 I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. I CERTIFY THAT I AM THE OWNER'S REPRESENTATIVE! AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE / /DATE SIGNATURE DATE Date Application Rec'd Received By Received Receipt no Application Rec'd Staff Assigned Case NuBtoer CITY OF CARLSBAD ^ 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 438-5621 REC'D FROM..DATE. ACCOUNT NO.DESCRIPTION AMOUNT ////; ^ /- U'J-i.0 Uili RECEIPT NO. 65651 TOTAL 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 " • Office of the City Cleric PPCElVED CITY CLERKS OFFICE 87 MM* » 3 ^ 8' 3S Citp of Cartebabcrn OF CARLSBAD TELEPHONE: (714)438-5535 APPEAL FORM I (We) appeal the following decision of the to the City Council: Project name and number (or subject of .appeal) ; SP"d?~7(/V Date of decision; Reason for appeal; -jtE PiftrfuiJ<:o t ie. ic Mnfo/l'L .e. Date Signature j? Md/tfid XName (Please print) Address rd. Telephone Number X'- 1200 ELM AVENUE CARLSBAD, CA 92008-1989 Office of the City Clerk TELEPHONE (619) 438-5535 Citp of Carte&ab TO:Bobbie Hoder, Planning Dept. FROM: Karen K., City Clerk's Office DATE: March 13. 1987 RE:SP-27(A) (Appeal) Gerico's The above item has been appealed to the City Council. Please determine when the item will go to Council and complete the form below and return it to the City Clerk's Office. According to the Municipal Code, appeals must be heard by the City Council within 30 days of the date that the appeal was filed. Please consider this when setting the date for the hearing. Thank you. The appeal of the above matter should be scheduled for the City Council Meeting of • Signature Date **"* x* 1** * <•** **** //^ JL ^ February 23, 1987 TO: Planning Director FROM: City Attorney SP-27(A) GERICO'S RESTAURANT I have reviewed your staff report for the Planning Commission meeting of Wednesday, March 4, 1987 regarding the above referenced project. I would suggest that Planning Commission Resolution No. 2664 contain the additional findings in support of denial: There are sufficient off -premises liquor sales existing in the neighborhood and adding additional ones would create unneeded facilities which result in an intensification of unnecessary uses in the neighborhood. The conversion of the existing lobby would create additional parking demands. It would eliminate needed waiting space for patrons within the restaurant or require them to wait in the liquor store area. The applicant has not provided a statistical analysis of the market service area showing that the adequacy and appropriateness of this new use would be justified. Approval of this development would tend to disrupt existing traffic patterns and would not be compatible with adjacent patterns of development. The proposed use would disperse uses in the immediate commercial neighborhood by attracting patrons from existing facilities resulting in a lowering of centrally located commercial development. In addition, you make reference to the denial of the permit application by Texaco to remodel its existing service station at the southeast corner of 1-5 and Tamarack Avenue. That application was for a convenience store (Texaco already sells wine and beer) and it was denied, among other things, for adverse traffic impacts. 3. 4. 5. Should you have any questions hesitate to contact me. regarding the above, please do not Or- RONALD R. BALL Assistant City Attorney rmh Review ...d Comment Memo MEMORANDUM DATE: TO: FROM: // Engineering Department Fire Department Buttling Department Parks and Recreation Police Department Costa Real Municipal County Transit District __-T*"y Department Water District Planning Department SUBJECT: Request for Review and Comment on Application No. Sf - 7 7/4) Proposal: Project Planner: This item has been tentatively Commission meeting of _ submit written comments and/or Department by ^T~^ / _ date, it will "E"e assumed that you have no comment proposal has your endorsement as submitted. Thank you. Comment: scheduled for the Planning ^ _ . Please review and conditions to the Planning . If not received by that and the 0 y ATTACHMENTS •••••'.-.••A'(3;1 N I'll* NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the Safety and Service Center, 2560 Orion Way, Carlsbad, California, at 6:00 p.m. on Wednesday, March 4, 1987, to consider approval for an amendment to Specific Plan 27 for a 200 square foot retail liquor store within Gerico's Restaurant on property located at Tamarack Avenue, in the C-2 zone and more particularly described as: Lot 2, Tamarack Plaza, Map No. 5944. 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 438-1161. If you challenge the Specific Plan Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE: SP-27(A) APPLICANT: GERICO'S RESTAURANT PUBLISH: February 21, 1987 CITY OF CARLSBAD PLANNING COMMISSION GERICO'S RESTAURANT SP-27(A) APPLICATIONSUBMITTAL DATE DECEMBER 1 1986 STAFF REPORT DATE: MARCH 4, 1987 TO: PLANNING COMMISSION FROM:PLANNING DEPARTMENT SUBJECT: SP-27(A) GERICO'S RESTAURANT - Request for an amendment to Specific Plan 27 for a 200 square foot retail liquor store within Gerico's Restaurant at 850 Tamarack Avenue, in the C-2 zone. I .RECOMMENDATION That the Planning Commission ADOPT Resolution No. 2644 DENYING SP-27(A). II.PROJECT DESCRIPTION AND BACKGROUND Gerico's Restaurant (formerly Daisy's) consists of a restaurant, coffee house, and cocktail lounge, located on the northwest corner of Tamarack Avenue and 1-5. The original plan was approved under Specific Plan 27 in 1972. That plan basically approved the site layout as it exists today which required 60 parking spaces, one access off Tamarack, and freeway signage limited to one pole sign to be shared with the neighboring service station. The restaurant facilities contain about 6,500 square feet. At this time, the applicant is requesting an amendment to the Specific Plan to convert 200 square feet of the existing lobby into a retail liquor store. Their on-premise liquor license "V does allow for off-premise sales through a separate permit issued by the Alcohol Beverage Control Board. An application for a permit to sell liquor at a gas station on the southeast corner of 1-5 and Tamarack was recently denied by the City. The Commission expressed some concern about selling liquor so close to the freeway. III.ANALYSIS Planning Issues; '*• 1. Would the requirements of the C-2 zone and the parking ordinance be met by the proposed project? 2. Would the proposed project adversely impact the surrounding area? DISCUSSION This project cannot meet the requirements of the C-2 zone. In particular, parking standards have changed since the original Daisy's Restaurant was built in 1972. Today's standards require 90 parking spaces for a 6/500 square foot restaurant. The original Specific Plan required 60; thus, there is an existing shortage of 30 spaces. The additional retail use in the building, while having a lower parking standard than a restaurant, is still an intensification of use on the property. The retail proposal, i.e. 200 square feet, would require one additional space. Another zoning requirement for an off-sale liquor store is that there be an unobstructed view into the premises from the street, i.e. Tamarack. The building's entrance is on the side of the restaurant and is not visible from the street. In this case, even if it were visible to the street, the building is set back so far on the lot that the intent of the requirement may not be viable. Another finding which must be made is that traffic flow on public streets cannot cause congestion or be detrimental to other nearby commercial uses, and the project has to be compatible with the surrounding neighborhood. The 200 square foot retail operation, which also may be used in conjunction with a trip to the existing restaurant, will not generate a substantial number of new trips. The restaurant is bordered on three sides by 1-5 and other commercial entities (gas stations). The neighborhood to the north is screened by block walls and landscaping. The surrounding area would not be adversely impacted. To summarize, the proposed use, i.e. a small retail liquor store, located within an existing restaurant, would not appreciably change the current commercial use at that location. However, since the existing facility does not meet current standards and the use would be intensified by the proposed project, staff recommends DENIAL of SP-27(A). IV. ENVIRONMENTAL REVIEW This project is categorically exempt from environmental review per section 15301, Class I (Existing Structures) of CEQA. ATTACHMENTS 1. Planning Commission Resolution No. 2644 2. Location Map 3. Background Data Sheet 4. Disclosure Form 5. Exhibits "A" and "B", dated December 18, 1986 NER:dm 2/6/87 GENERAL PLAN RISIDINTIAL HI LOW DENSITY (0-M) RLM LOW-MEDIUM DENSITY (0-4) RM MEDIUM DENSITY (4-8) RMH MEDIUM HIGH DENSITY(8-H)RH HIGH DENSITY; i5-2}) COMMERCIAL RRI INTENSIVE REGIONAL RETAIL (eg. Plaza Cam mo Real) RRE EXTENSIVE REGIONAL RETAIL (eg. Car Country Carlsbad) RS REGIONAL SERVICE C COMMUNITY COMMERCIAL N NEIGHBORHOOD COMMERCIAL TS TRAVEL SERVICES COMMERCIALO PROFESSIONAL RELATED CBD CENTRAL BUSINESS DISTRICT PI PLANNED INDUSTRIAL G GOVERNMENT FACILITIES U PUBLIC UTILITIES RC RECREATION COMMERCIAL SCHOOLS E ELEMENTARYJ JUNIOR HIGH H HIGH SCHOOL P PRIVATE OS OPEN SPACE NRR NON RESIDENTIAL RESERVE ZONING MSIMMT1AL P-C PLANNED COMMUNITY ZONE R-A RESIDENTIAL AGRICULTURAL ZONE R- E RURAL RESIDENTIAL ESTATE ZONE R-1 ONE- FAMILY RESIDENTIAL ZONE R-2 TWO-FAMILY RESIDENTIAL ZONE R- 3 MULTIPLE FAMILY RESIDENTIAL ZONE R.3L LIMITED MULTI-FAMILY RESIDENTIAL ZONE RD-M RESIDENTIAL DENSITY-MULTIPLE ZONE RD-H RESIDENTIAL DENSITY-HIGH ZONE RMHP RESIDENTIAL MOBILE HOME PARK ZONE R-P RESIDENTIAL PROFESSIONAL ZONE RT RESIDENTIAL TOURIST ZONE RW RESIDENTIAL WATERWAY ZONE COMMIKIAL O OFFICE ZONE C-1 NEIGHBORHOOD COMMERCIAL ZONE C-2 GENERAL COMMERCIAL ZONE CT COMMERCIAL-TOURIST ZONECM HEAVY COMMERCIAL-LIMITED INDUSTRIAL ZONE M INDUSTRIAL ZONE P-M PLANNED INDUSTRIAL ZONE OTHIR F- P FLOODPLALN OVERLAY ZONE L-C LIMITED CONTROL OS OPEN SPACE P-U PUBLIC UTILITY ZONE City of Carlsbad GERICO'S RESTAURANT SP-27(A) BACKGROUND DATA SHEET CASE NO: SP-27(A) APPLICANT: Gerico's Restaurant REQUEST AND LOCATION: Amendment to Specific Plan 27 to allow for 200 sq. ft. retail liquor store within existing restaurant facility, at 860 Tamarack Ave. LEGAL DESCRIPTION: Lot 2, Tamarack Plaza, Map No. 5944 APN; 204-032-37 Acres .88 Proposed No. of Lots/Units N/A GENERAL PLAN AND ZONING Land Use Designation Travel Service (TS) Density Allowed N/A Density Proposed N/A Existing Zone C-2 Proposed Zone C-2 Surrounding Zoning and Land Use: Zoning Land Use Site C-2 Restaurant/Cocktail Lounge Coffee Shop North R-1 Residential South C-2 Gas Station East T-C 1-5 Freeway West C-1 Gas Station PUBLIC FACILITIES School District N/A Water Carlsbad Sewer Carlsbad EDU's N/A Public Facilities Fee Agreement, dated December 12, 1986 ENVIRONMENTAL IMPACT ASSESSMENT Negative Declaration, issued _E.I.R. Certified, dated Other, Categorical Exemption, Section 15301 , Class 1. APPLICANT: AGENT: MEMBERS: DISCLOSURE FORM Gg'rico's Restaurant (General Partnership) Name (individual, partnership, joint venture, corporation, syndication) 850 Tamarack Ave. Carlsbad, GA 92003 Business Address (619) 729-^-996 Telephone Number N/A Name Business Address Telephone Number Gerald H. Sova Name (individual, partner, joint venture, corporation, syndication) 153 N. Hwy. 101, Encinitas Hon'eC^dressQ2024 153 N. Hwy 101, Encinitas, CA 92024 Business Address (619) 753-^-555 Telephone Number Jeffrey T. King Name Telephone Number 129 Jupiter St.,Leucadiat CA Home Address 92024 850 Tamarack Ave. Carls"bad,GA 92008 Business Address (619) 942-3734 Telephone Number Telephone Number (Attach more sheets if necessary)( two more partners; additional sheet attached ) The applicant: is required to apply for Coastal Commission Approval if located in the Coastal Zone. I/We declare under penalty of perjury that the information contained in this disclosure is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. APPLICANT BY , Owner, Partner David G. DuRee 310 A Ave Victoria San Clemente, Ca 92672 850 Tamarack Ave. Carlsbad, Ca 92008 (71*0 ^92-6533 Martin J. Kouma 129 Jupiter St. Apt, Leucadia, Ca Q2024 850 Tamarack Ave. Carlsbad, Ca 92008 (619) Carlsbad Journal Decreed A Legal Newspaper by the Superior Court of San Diego County Mail all correspondence regarding public notice advertising to North Coast Publishers, Inc. corporate offices: P.O. Box 878, Encinitas, CA 92024 (619) 753-6543 0-7 Proof of Publication FEB 1987 PLANNING DEPARTMENT CITY OF CARLSBAD STATE OF CALIFORNIA, ss COUNTY OF SAN DIEGO, I am o 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 .' ' , . i • .- i i_ _. _i _.. I _ j.: I L-.^J^.^,L^^^^,^i-fi^J^r-iil~.c/^Kir^'fii^ir\ict C\T r~^r~l V t nnwhich newspaper at a NOTICE OF PUBLIC HEARING wmcn newspup«. u, u . times herein mentioned had and stil has a bona fide subscription list of paying subscribers and which newspaper has been established, printed and published at regular intervals in the said City of Carlsbad, County of San Diego, State of Ca ifornia, 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 newspaperand not in any supplement thereof on the following dates, to-wit: NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the Safety and Service Center. 2560 Orion Way. Carlsbad. California, at 6:00 p.m. on Wednes- day. March 4. 1987. to consider approval for an amendment to Spe- cific Plan 27 for a 200 square foot retail liquor store within Gerico's Restaurant on property located at Tamarack Avenue, in the C-2 zone and more particularly described as: Lot 2. Tamarack Plaza. Map No. 5944. Those 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 438-1161. If you challenge the Specific Plan Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspon- dence delivered to the City of Carls- bad at or prior to the public hearing. Case File: SP-27(A> Applicant: GERICO'S RES- TAURANT CITY OF CARLSBAD PLANNING COMMISSION February 21, GERICO'S RESTAURANT SP-27(A) 19.87 19 19 19 19. 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 21st day of / -y, /Clerk of the Printer CJ 4543: February 21. 1987 GENERAL PLAN ZONING RISIDINTIAL RL LOW DENSITY (0-1 1) RLM LOW-MEDIUM DENSI nr (0- 4 ) RM MEDIUM DENSI IT (4-8) RMII MEDIUM HIGH DENSITY (8-15) RH HIGH DENSITY (15-23) COMMERCIAL RRI INTENSIVE REGIONAL RETAIL (eg Plaza Camino Real) RRE EXTENSIVE REGIONAL RETAIL (eg Car Country Carlsbad) RS REGIONAL SERVICE C COMMUNITY COMMERCIAL N NEIGHBORHOOD COMMERCIAL TS T RAVEL SERVICES COMMERCIALO PROFESSIONAL RELATED C8D CENTRAL BUSINESS DISTRICT PI PLANNED INDUSTRIAL G GOVERNMENT FACILITIES U PUBLIC UTILITIES RC RECREATION COMMERCIAL SCHOOLS E ELEMENTARY J JUNIOR HIGH II HIGH SCHOOLP PRIVATE OS OPEN SPACE NRR NON RESIDENTIAL RESERVE RiSiDENTIALP-C PLANNED COMMUNITY ZONERA RES] DIN HAL AGRICULTURAL ZONE R-E Rl RAL RESIDENTIAI. ESTAFE ZONE R-l <_..,F. FAMILY RESIDENTIAL ZONE R-2 TWO-FAMILY RESIDENTIAL ZONE R-3 MULTIPLE FAMILY RESIDENTIAL ZONE R-3L LIMITED MULTI-FAMILY RESIDENTIAL ZONE RD-M RESIDENTIAL DENSITY-MULTIPLE ZONE RD-H RESIDENT !AL DENSITY-HIGH ZONE RMHP RESIDEN 11AL MOBILE HOME PARK ZONE R-P RESIDE.N1TAL PROFESSIONAL ZONE RT RESIDENTIAL TOURIST ZONE RW RESIDENTIAL WATERWAY ZONE COMMERCIAL O OFFICE ZONE C-1 NEIGHBORHOOD COMMERCIAL ZONE C-2 GENERAL COMMERCIAL ZONE CT COMMERCIAL -TOURIST ZONE C-M HEAVY COMMERCIAL-LIMITED INDUSTRIAL ZONE M INDUSTRIAL ZONE P-M PLANNED INDUSTRIAL ZONE OTHIR F-P FLOODPLAJN OVERLAY ZONE L-C LIMITED CONTROLOS OPEN SPACE P-U PUBLIC UTILITY ZONE City of Carlsbad GERICO'S RESTAURANT SP-27(A)