Loading...
HomeMy WebLinkAbout1993-01-06; Design Review Board; Resolution 2021 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 DESIGN REVIEW BOARD RESOLUTION NO. 202 A RESOLUTION OF TEE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN EXEMPTION FROM THE OFF STREET PARKING REQUIREMENTS TO ALLOW AN AMENDMENT TO A MINOR REDEVELOPMENT PERMIT FOR A BAR/COCKTAIL LOUNGE USE WITH LIVE ENTERTAINMENT AND DANCING AT AN EXISTING ESTABLISHMENT WITH NO BUILDING EXPANSION ON CASE NAME: THE ALLEY CASE NO: RP 85-1(A) PROPERTY LOCATED AT 421 GRAND AVENUE. WHEREAS, a request for an exemption from the off street parking requirement (24 spaces), as outlined with Section 21.28.015 of the Carlsbad Municipal Code, to allow an amendment to a minor redevelopment permit, RP 85-1, for a bar/cocktail lounge use with live entertainment and dancing was filed with the City of Carlsbad and referred to the Design Review Board; and WHEREAS, the Design Review Board did on the 6th day of January, 1993 hold a duly noticed public meeting to consider said request on property described as: Lot 15 and 16, Block ItItt, amended Map of Town of Carlsbad in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 775, filed in the office of the County Recorder of San Diego County, February 15, 1984. WHEREAS, at said public meeting upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Design Review Board considered all factors relating to the off exemption for an amendment to RP 85-1. street parking 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as follows: 1. That the foregoing recitations are true and correct. 2. That based on the evidence presented at the public meeting, the Design Review Board hereby APPROVES the exemption to Section 21.28.015(4)(b) of the Carlsbad Municipal Code relating to the off street parking requirement (24 spaces) to allow an amendment to RP 85-1 for a bar/cocktail lounge use with live entertainment (piano bar only) and dancing based on the following findings, as required by Section 21.35.130 of the Carlsbad Municipal Code, and subject to the following conditions: FINDINGS : 1. The application of the off street parking provisions of the Carlsbad Municipal Code and Village Design Manual would result in practical difficulties or unnecessary hardships which would make development inconsistent with the general purpose and intent of the Carlsbad Village Redevelopment Plan. The building in which the proposed project is located was constructed in 1925 and was built from property line to property line. The entire building would need to be demolished and rebuilt in order to provide the required parking of 24 off street spaces for the bar/cocktail lounge use; this action is both impractical and would create an unnecessary financial hardship for the property owner. The overall goal of the Village Redevelopment Project is to create a pleasant, attractive, accessible environment for living, shopping, recreation, civic, cultural and service functions. The proposed project is consistent with this goal. 2. There are exceptional circumstances or conditions unique to the property or the proposed development which do not generally apply to other properties or developments which have the same standards, controls and restrictions. The noted property is unique because DRB RESOLUTION NO. 202 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. 4. it is historically significant (Los Diego Hotel) and the City would not want to encourage the demolition of the building for the purposes of providing off street parking. Therefore, it is appropriate for the City to allow an exemption to the parking standard in order to ensure that the building is preserved as well as remains functional on a long term basis. The granting of an exemption will not be injurious or materially detrimental to the public welfare, other properties or improvements in the project area. The bar has been in operation for approximately 8 years without incident. The City/Agency is not aware of any complaints from surrounding property owners regarding operations of the bar/cocktail lounge. The bar is, and will be, operated in a manner which prohibits any activity which might be injurious or materially detrimental to the public welfare, other properties or improvements in the Village. The granting of an exemption will not contradict the standards established in the Village Design Manual. The proposed use is consistent with the Village Design Manual. Uses allowed within this area are those which are allowed by the C-2, C-1 and R-P zones. Bars and/or cocktail lounges are allowed within the C-2 zone through the redevelopment permit process. The Village Design Manual requires that adequate provisions for off street parking be provided when any building or structure is erected, enlarged or intensified in use. However, the Design Manual also encourages innovative methods of providing off street parking. Since the building is not being enlarged and the use is not be intensified at this time, the granting of the noted exemption will not contradict the standards established within the Village Design Manual. Conditions: 1. Approval is granted for an exemption from the off street parking requirements (24 spaces) for a bar and/or cocktail lounge ("The Alley1@) for a period of five years. 2. Approval of the exemption from the off street parking requirements is granted subject to approval of the amendment to, and extension of, RP 85-1. /// /// /// /// DRB RESOLUTION NO. 202 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. Rp 85-1(A) is subject to all other conditions outlined in Design Review Board Resolution No. 204, as approved on January 6, 1993, incorporated herein by reference and on file in the Housing and Redevelopment Department. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Review Board of the City of Carlsbad, California, held on the 6th day of January, 1993 by the following vote to wit: AYES: NOBLE, ERWIN, GONZALES, ROWLETT, AND SAVARY NOES: NONE ABSENT: NONE ABSTAIN: NONE f*XL ATT T: EVAN E. BECXER, HOUSING AND REDEVELOPMENT DIRECTOR DRB RESOLUTION NO. 202