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HomeMy WebLinkAbout1993-01-06; Design Review Board; Resolution 2041 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 DESIGN REVIEW BOARD RESOLUTION NO. 201 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF EXTENSION OF, A MINOR REDEVELOPMENT PERMIT TO ALLOW BAR/COCKTAIL LOUNGE USE WITH LIVE ENTERTAINMENT AND DANCING AT AN EXISTING ESTABLISHMENT WITH NO BUILDING EXPANSION ON PROPERTY LOCATED AT 421 GRAND AVENUE. CASE NAME: THE ALLEY CASE NO: RP 85-1tA) CARLSBAD, CALIFORNIA APPROVING AN AMENDMENT TO, AND WHEREAS, a request for an amendment to, and extension of, RP 85-1 to allow 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 ItItl, 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 amendment to RP 85-1. 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 an amendment to, and extension of, RP 85-1to allow a 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 barlcocktail lounge use with live entertainment (piano bar only) and dancing based on findings and subject to the following conditions: FINDINGS : 1. 2. 3. 4. 5. /// /// DRB The proposed project will enhance the commercial center function of the downtown and is therefore consistent with the goals and objectives of the Village Design Manual. The Village Center, in which this project is located, is to serve as a focal point for the area and become the major attraction for the downtown. The pro- posed project provides an attraction which is consis- tent with the goals for the area. The project is located in Subarea 1 of the Village Redevelopment Project Area. The uses allowed in this area are the same as those allowed within the C-1, C-2 and R-P zones. Although not permitted by right, bars or cocktail lounges are allowed within the C-2 zone with redevelopment permit approval. The project is consistent with the goals and objectives of the General Plan because the project has a strong pedestrian orientation and will foster a desirable community concept for the downtown core commercial area in which this project is located. The proposed land use is permitted within the area in which this project is located; existing parking is satisfactory under the provisions of the parking code; the project has been exempted from the off street parking requirement; and, the project has been exempted from the zoning code provision which requires licensed liquor dispensing operations, not meeting the definition of a bona fide eating establishment, to be located at least five hundred feet (500') apart. With the noted exemptions, the project meets the requirements of the Zoning Ordinance. The use is operated in a manner which does not have a significant adverse impact on surrounding properties or the public health and welfare. RESOLUTION NO. 204 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 CONDITIONB: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10 . 11 . 12. DRB Approval is granted for an amendment to, and extension of, RP 85-1 to allow a 1200 square foot bar/cocktail lounge with live entertainment (piano bar only) and dancing at 421 Grand Avenue in the Village Redevelopment Area. The dance floor must be no less than one hundred square feet in size. The dance floor shall be plainly marked and designated as a dancing area. No dancing shall be permitted in the premises except upon the dancing area thus marked and designated. Approval for dancing shall be contingent upon approval of a cabaret license by the Police Department of the City of Carlsbad. 'New signs shall be subject to approval of a separate City sign permit application prior to installation. An opening shall be provided through which an unobstructed view of the interior of the premises can be obtained from the street upon which business fronts. Parking shall be provided within the public parking lots located within 300 feet of the business, The parking requirement for the business is 24 spaces which is based on a floor space allocation of 1200 square feet . Surrounding grounds shall be maintained in a neat and orderly condition at all times. Structure shall meet all applicable building code provisions. Business owner shall not permit open containers of alcoholic liquor to be taken from the premises. The total floor space of the bar/cocktail lounge shall not be expanded beyond 1200 square feet without separate approval by the Design Review Board and/or Housing and Redevelopment Commission. The hours of operation for the bar/cocktail lounge are 6:OOam to 2:OOam daily, including weekdays, weekends and all holidays. RESOLUTION NO. 204 1 2 3 4 5 e 7 E 9 1c 11 12 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13. the Approval is granted for a period of five years. This permit shall be reviewed by the Housing and Redevelopment Director on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a significant detrimental impact on surrounding properties or the public health and welfare. If the Director determines that the use has such significant adverse impact, the Director shall recommend that the Design Review Board, after providing the permittee the opportunity to be heard, add conditions to mitigate the significant adverse impacts. This permit may be revoked at any time after a public hearing, if it is found that the use has a significant detrimental affect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time not to exceed five years upon written application of the permittee made not less than 90 days prior to the expiration date. In granting such extension, the Design Review Board shall find no substantial adverse affect on surrounding land uses or the public's health and welfare will result because of the continuation of the permitted use. If a substantial adverse affect is found, the extension shall be considered as an original application for a redevelopment permit. There is no limit to the number of extensions the Design Review Board may grant. PASSED, APPROVED, AND ADOPTED at a regular meeting of 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 DESIGN REV~W BOARD EVAN E. BE HOUSING AND REDEVELOPMENT DIRECTOR DRB RESOLUTION NO. 204