HomeMy WebLinkAbout1993-01-06; Design Review Board; Resolution 2031
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DESIGN REVIEW BOARD RESOLUTION NO. 203
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN EXEMPTION FROM THE PROXIMITY REQUIREMENT WHICH RESTRICTS LOCATING A LIQUOR DISPENSING OPERATION WITHIN 500 FEET OF ANY OTHER LIQUOR DISPENSING OPERATION NOT MEETING THE DEFINITION
OF A BONA FIDE EATING ESTABLISHMENT FOR THE PURPOSES OF
APPROVING AN AMENDMENT TO RP 85-1 TO ALLOW A BAR AND/OR
COCKTAIL LOUNGE AT 421 GRAND AVENUE.
CASE NAME: THE ALLEY
CASE NO: RP 85-1tA)
WHEREAS, a request for an exemption from the proximity
requirement, as provided for in Section 21.28.015 of the
Carlsbad Municipal Code, which restricts locating a liquor
dispensing operation within five hundred (500) feet of any
other licensed liquor dispensing operation not meeting the
definition of a bona fide eating establishment for the
purposes of allowing an amendment to a minor redevelopment
permit, FU? 85-1, for a barlcocktail 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 I1Igg, 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.
Ill /I/
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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 proximity exemption
for an amendment to RP 85-1.
NOW, THEREFORE, BE IT HEREBY RELlOLVED, by the Design
Review Board as follows:
1. That the foregoing recitations are true and correct.
2. That based on the evi.dence presented at the public
meeting, the Design Review Board hereby APPROVES the
exemption to the proximity requirement, outlined in Section
21.28.015(4)(F) of the Carlsbad Municipal Code, which
restricts locating a liquor dispensing operation within five
hundred (500) feet of any other licensed liquor dispensing
operation not meeting the definition of a bona fide eating
establishment for the purposes of allowing an amendment to a
minor redevelopment permit, RP 85-1, for a bar/cocktail
lounge use with live entertainment and dancing to be located
at 421 Grand Avenue 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 liquor dispensing operation proximity 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
bar/cocktail lounge, which is the subject of this
DRB RESOLUTION NO. 203
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exemption, has been operating at the noted location for
nearly eight (8) years without incident and with
applicable liquor licenses. It is not financially feasible nor practical for the bar/cocktail lounge to be relocated to another location within the Village.
The current location is the most appropriate site for this type of land use at this time.
One of the objectives of the Village Redevelopment Plan is to provide a variety of commercial, tourism and recreational activity, especially close to the beach, in conjunction with special entertainment facilities,
restaurants and other uses which will foster a village
concept and not detrimentally impact residential usage. The location of the bar/cocktail lounge at 421 Grand Avenue is consistent with this noted objective. It provides a special entertainment facility which is close to the beach and compatible with the primarily non-residential, commercial uses within the area. To
the immediate east of the bar/cocktail lounge is an Italian Restaurant; south of the property are numerous retail shops, several other restaurants and two
residential units; west of the property is a public parking lot and the Convention and Visitors Bureau;
and, north of the property is a public parking lot, retail shops, a restaurant and the proposed new Transit Center.
Except for the two residential units adjacent to the property on the south side, there are no other residential units within close proximity to the bar/cocktail lounge. The City/Agency has received no complaints from the current tenants residing in the
noted residential units regarding the existing
bar/cocktail lounge use.
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
it is historically significant and the City would like
to encourage the continued use of the building in a
manner which is appropriate for the area and consistent with the goals of the Village Redevelopment Plan. As stated previously, the bar/cocktail lounge use at the noted location is compatible with surrounding uses and has been in operation for eight (8) years without incident. Therefore, it is appropriate for the City to
allow an exemption to the proximity provisions in order
to ensure that the building is preserved as well as remains functional on a long term basis. This effort
DRB RESOLUTION NO. 203
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assists in the revitalization activities of the Village Redevelopment Area.
3. 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.
4. 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. As stated in the Village Design Manual, the Village Redevelopment Area should reflect land use diversity, variety and urbanity. A bar/cocktail lounge at 421 Grand Avenue will add to this goal of providing diversity and
variety while also maintaining a consistency with the
types of uses (primarily non-residential, commercial) within the area.
Conditions:
1.
2.
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Approval is granted for an exemption from the liquor
dispensing operation proximity provision (CMC Section 21.28.015) for a bar and/or cocktail lounge ("The Alley1#) for a period of five years.
Approval of the exemption from the liquor dispensing operation proximity provision is granted subject to
approval of the amendment to, and extension of, RP 85-
Is
DRB RESOLUTION NO. 203
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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
DESIGN REVI$I BOARD
ATTES &/& -
EVAN Ea BECKER,
HOUSING AND REDEVELOPMENT DIRECTOR
DRB RESOLUTION NO. 203