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HomeMy WebLinkAbout1983-01-18; Housing & Redevelopment Commission; 6; On-Sale Liquor Establishment. . . kiouslrw AND~BEVEL~BMENT corwwssh*~ - AGENDA BILL AB# 006 TITLE: DEPT. Hii w MTG, l/18/83 RP 82-l ON-SALE LIQUOR ESTABLISHFIENT LOCATEG ClTy Al7.y DEPT. RE 2 AT ELM AVEM!E AND CARLSBAD BOULEVARD RECOMMENDED ACTION: Housing and Redevelopment Commission adopt Resolution No. / 7 requesting Denial of RP 82-1 (CUP). I ITEM EXPLANATION: A public hearing for RP 82-l (CUP) was held bv the Design Review Board at their meeting of November 24, 1922. The applicant :s requesting approval to allow a licensed drinking establishment in an existing building at the northwest corner of Elm Avenue and Carlsbad Boulevard. The Design Review Board recommends denial of this request because 18 parking spaces are required for this project and the applicant can provide only 10 parking spaces. The staff report from the Land-Use Planning Office is attached (Exhibit 1). The Design Review Board unanimously voted to adopt Design Review Board Resolution No. 001 a rovinq the Negative Declaration/denying a Redevelopment Permit to allow an on-sale iquor establishment in them Redevelopment w Zone. FISCAL IMPACT: I This action will result in no fiscal impact to the City. EXHIBITS:. l- Staff Report from Land-Use Planning Office dated 11/24/82. 2- e 3 E 2 . . g 2 Resolution No. 17 I C STAFF REPORT EXHIBIT I DATE: November 24, 1982 TO: Design Review Board FROM: Land Use Planning Office SUBJECT: RP 82-1 - CUSTER - Request for a redevelopment permit to allow an on-sale liquor establishment in Subarea 5 of the Village Redevelopment Zone. I. RECOMMENDATION Staff is recommending that the Design Review Board APPROVE the Negative Declaration issued by the Land Use Planning Manager and ADOPT Resolution No. 001 recommending to the Housing and Redevelopment Commission (City Council) DENIAL of RP 82-l. II. PROJECT DESCRIPTION The applicant is requesting approval to allow a licensed drinking establishment in an existing building at the northwest corner of Elm Avenue and Carlsbad Boulevard. The project, a Pianissimo, as described by the applicant per the proposal attached to this report, will feature as entertainment, taped classical music. The interior of the building, which previously housed a real estate office, will be remodeled to accommodate a bar, a seating (booth) area, a listening room with stuffed furniture, and a small kitchen to accommodate a light snack and sandwich menu. No significant exterior changes to the structure are proposed. The Housing and Redevelopment Advisory Committee reviewed this project at their October 25th meeting and found the "use" to conform with their goals for the area. The Zoning Ordinance requires that this use be allowed only upon the granting of a redevelopment permit. III. ANALYSIS The site for the proposed project is located within Subarea 5 of the Village Redevelopment Plan. This plan encourages tourist- oriented commercial and restaurant related uses. Pianissimo would introduce an interesting commercial use unique to the region which could attract tourists. In addition, it could complement the numerous restaurants surrounding the site. As such, staff believes that the use is consistent with the land use goals for the area. As shown on Exhibit "A", the proposed Pianissimo shares the on site parking lot with the existing California Tape Company offices. The total combined required parking for both uses is 18 spaces. The previous occupant, a real estate office, required only 7 total spaces per code. The present parking lot design contains 14 spaces, but most of these spaces are at least par- tially within the public right-of-way and many back out into the traffic flow of Carlsbad Boulevard or Elm Avenue, creating a hazardous situation. An alternative parking layout designed by staff (Exhibit "'B"), placing all spaces on the project site would decrease this parking amount to a maximum of 10 spaces (6 regular, 4 compact). While this alternative design alleviates the back-out conflict with the public streets, the overall size of the parking area is so restrictive that even some of these parking stalls do not meet ideal back-up distances and the lot will be relatively congested. Three additional on-street paral- lel spaces could be accommodated along the Carlsbad Boulevard frontage. The alternative design prepared by staff includes the Village Design Guidelines requirement for screening of parking areas. As shown on Exhibit "B", a two-foot wide landscaped hedge or bushes would help hide the parking lot from the intersection. Staff believes that the existing parking lot situation on this site is dangerous and unacceptable and should be redesigned. In addition, however, staff does have a concern with the fact that neither the existing layout nor the redesign can accommodate the required 18 parking spaces. The redesigned maximum of 13 spaces (including 3 on street) is still 5 below the minimum required for this type of use. To help alleviate the parking problem, the applicant has discussed the possibility of joint use parking with surrounding owners. These inquiries have been fruitless. The applicant would have no reservations to redesigning the parking lot per Exhibit "B", and to landscaping the site, but does not feel he can obtain the use of additional parking. While staff does not feel comfortable recommending approval of a use that has insufficient parking which could result in future parking problems in the area, it is apparent that several goals of the Village area could be advanced by this project, An unattractive parking lot on a busy intersection would be screened, a new parking layout would result in less traffic conflicts, improved landscaping on the site would be attained, pedestrian circulation with surrounding restaurants would be encouraged, a low-key Village specialty business would be developed, and an attractive Village building would be enhanced. Staff does, however, have strong concerns about the possibility of future problems resulting from insufficient parking for a use of this nature. As such, staff cannot recommend approval of the project as proposed. If the Board, however, does wish to approve -2- 3 the project, staff would recommend that a condition be placed upon such approval that after one year's time, the use be reviewed to see if parking problems have developed, and, if so, reserve the right to revoke the permit. IV. ENVIRONMENTAL REVIEW The Land Use Planning Manager has determined that this project will not have a significant impact on the environment, and, therefore, issued a Negative Declaration on October 29, 1982. ATTACHMENTS 1. Pianissimo Proposal from Applicant Dated September 15, 1982 2. D.R.B. Resolution No. 001 3. Letter of Opposition from Kay Christiansen dated November 15, 1982 4. Location Map 5. Background Data Sheet 6. Disclosure Form 7. Environmental Documents 8. Exhibit "A", dated October 21, 1982, and Exhibit "B", dated November 16, 1982 PJK:kb 11/19/82 -3- 4 ,. I . ). - .._ I ._, ^_. . . . _..- .-. ..~ .~ -. - _. . is. . CASE NO. CUP-22 1 5” ’ . rII\Jru;>riL LI_I-- . (e.r? - 15 September 1982 PIANISSIMO: , Drinking Pub &: Listening Room . SUBMITTZD BY: GEORGE We CUSTXR JR, 404 Via Emily Oceanside, CA, 92051, (7141-757-7336 PROJECT P~oPos.91;: PIAXL'SSII~O is to be a licen sed (on-sale general) drinking establistient with a distinctively interesting attraction. Classical and concert music (BAN, B53THOVE!~, TCXAiKO'JSKY, etc.,.) till k played on an ultra-hiE;h quality sound system. 'This solmd system will be engineered to create an atmosphere of total relaxation and listening enjoyment, On request, persons may hear their favorit e movement played &i.le relaxing in large overstuffed chairs and enjoying a drink, The listening romm will ba a semi-seperats enclosure at the end of the main room9 so as to fill the rest of the bar with music but not at the level heard in the.listening room. PROPOSZD LOCATION- . Existing vacant building located at 297% Carlsbad Boulevard; on the nor&w&-corner of Elm Street and Carlsbnd Boulevard..in Carl&ad, CA, . . . . ._j-. . OTHER SERVICES: The other attraction of this unique pub will be its; assortment of exotic coffees, freshly ground on the premises and served as part of either alcoholic or non-alcoholic concoctions. All other drinks as well as beer and tie KU. also be available. . A light menu of sandtiches, snacks and an assortment of desserts Kill be available at table, booth and bar service, Seating capacity at PIELNISSINO is expected to be appro:cinately 79 persons, ADDITIO?1AL COI4HBlTS: s This proposed establishment will be the only one of its1 kind in San Diego county, It will be a cultural attraction to both the local community and to the tourist trade as well, The . '. exterior of the building will be pleasantly decorated and in harmony with its * locale. Hours of operation will be mutually __ .' fsupportive of the dining establishments within walking distance as patronage is expected from the lunch and before/after dinner ; crowd,, As.popularity permits, live performances by varying artists will be a distinctive and enhancing addition to the city df Carl&ad, PROPOSAL . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 January, 1983, hold a duly noticed public hearing to consider said 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 17 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBRD, CALIFORNIA DENYING A REDEVELOPMENT PERMIT TO ALLOW AN ON- SALE LIQUOR ESTABLISHMENT ON PROPERTY GENERALLY LOCATED ON THE NORTHWEST CORNER OF ELM AVENUE AND CARLSBAD BOULEVARD. ;;;;I;;NT: CUSTER . RP 82-l WHEREAS, a verified application has been filed with the City of Carlsbad and referred to the Housing and Redevelopment Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Housing and Redevelopment Commission' did, on the 18th day of application on the property described as: MAP 1661- northeasterly 100 feet excluding the southwesterly 35 feet of the southeasterly 75 feet of Tract No. 95. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all, factors relating to RP 82-l. NOW THEREFORE, BE IT HEREBY RESOLVED by the Housing and Redevelopment Commission of the City of Carlsbad as follows: A)' That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing the Commission denies RP 82-1, based on the following findings: FINDING: 1) That the proposed project does not have sufficient parking spaces to accommodate the use. 7 1 2 2 4 E E 3 f S 1c 11 I2 12 14 18 16 17 1e 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Housing and Redevelopment Commission of the City of Carlsbad, held on the 18th day of January, 1983, by the following vote to wit: AYES: Ccmqissione;rs CasIer, kwis, Kulctcin, Chick and Prescott NOES: Ncme ABSENT: None ATTEST: * d @24&t-/. NARY H./CASLER, Chairperson : t$iL?aL J k?lLlxdm ALETHA L. RAUTENRRANZ, City Clej-k (Seal) //// //// I/// //// -- r ICE OF PUBLIC HEARING .- --~- N(YTICE IS HEREBY GIVEN that the Design Review Committee of the City of Carlsbad will hold a public hearing at the City Council ChF&x?rs, 7206 Elm Avenue, Carlsbad, California, at 6~00 p.m. on Wednesday, November 24, 1982, to consider approval of a conditional use permit to allow an cn-sale liquo-r establishment with taped music entertainiment on pro,oerty generally located at the northwest corner of Elm Avenue and Carl&ad Boulevard and more particularly described as: MW 1661 - northeasterly 100 feet excluding the southeasterly 35 feet of the southeasterly 70 feet of Tract No. 95. Those persons wishing to spea?? on this proposal are cordially invited to attend the public hearing. If you have any questions please call the Land Use Planning Office at 438-5591. CASE FILE: CUP-221 APPLICANT: CUSTER PUBLISH: Nov&er 13, 1982 CITY OF CARLSBAD PUNNING COMMISSION . . . L NOTICE OF PUBLIC HEARING CUP-221 NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:00 P.M., on Tuesday, January 18, 1983, to consider an application for a conditional use permit to allow an on-sale liquor establishment with taped music entertainment on property generally located on the northwest corner of Elm Avenue and Carlsbad Boulevard and more particularly described as: MAP 1661 - northeasterly 100 feet excluding the southeasterly 35 feet of the southeasterly 70 feet of Tract No. 95. APPLICANT: Custer PUBLISH: January 8, 1983 CARLSBAD CITY COUNCIL . .-. -.-_-. .._-. -,- -.....-._ . .." __ j\i’,~l.:*;J;l (-;,,<.-.--, ..7 1 I;‘, 6 ..__--- ------ .-.. -___- C.crSE c:jp-::;:? ?iTr.-....-.-~- --.-----_- - ____________ Car/s&ad Journal Decreed a Legal Newspaper by the Superior Court of Son Diego County 3 138 ROOSEVELT ST. . P.O. BOX 248 . CARLSBAD, CA 92008.729-2345 Proof of Publication STATE OF CALIFORNIA, ss, COUNTY OF SAN DIEGO, I am a 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 Cartsbad, 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 which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice NOTICE OF PUBLIC of which the annexed is a printed copy, has been HEARING CUP-221 published in each regular and entire issue of said NOTICE IS HEREBY GIVEN that newspaper and not in any supplement thereof on the City Council of the City ofCart+ the following dates, to-wit: bad will hold s public hearing at the City Council Chambers, UI)O Elm Avenue, Carlsbrrd. California, atB:WP.M.,onTuesday.JanuarylB, 1987. to consider an apptieation for . . . . . . . . . . . . . . . . ;~r?uxy. 13.. . . . . 19.8’:. a conditional use permit to allow an on-sale liquoli establishment with taped music entertainment on ............................. 19 .... ..................... ............ 19 .... Applicant: Curter CABLSBAD CITY COUNCIL CJ S142: January 8. IW . . . . . . . . . . . . . . . . . . . . . . . . . ..#..I.. 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 Td l-1 $? t; AL ,!I day of ~T:~:‘l~..~~~-_r-~: I.997 ‘....,.~ ,; r‘, ,i ---. Pj... . . i . ‘-.;‘ic<. _. ’ Clerk of th6 Printer 2U-4182 ucp 6aL VlAmmaa - i2Ck ELM AVENUE ., C’ARL+AD, CALIFORNIA 92008 George Willizn Custer- Jr- 404 Via Emily Oceanside, CA 92054 CARLSBAD, CALlFORNiA 92008 Frank E. Maldonado 3296 Mission Avenue OCeanside, CA 92054 i (-1T.f t:;- ~,l.,zk;..#-~*..- c,%~,~~y-::l.3, ;; y$:‘-:..;?liJ. _ James E.T. & Frankie 6, [lurr !d 355 E. Elm Ave. Carlsbad, Ca. 92008 ~ G.L. Thatcher & II.!: P.O. Box 223 Carlghqil:' qxYP Daniel C. Soto Jr. P.O. Box 353 Carlsbad, Ca. 92008 John H. SC Mary C. Grant 4056 Skyline Road Carlsbad, Ca. 92008 E.G, Kentner, L.L. Kopperdale J.N. Miller, D.1). Lee 2978 Carlsbad Blvd. Carlsbad, Ca. 92008 Harold A. & Shirley Y. Jensen 2921, Carlsbad Blvd. Carlsbad, Ca. 92008 pLAN?G\iiNG DZ?ARTIL\iNT * C\Ty ‘0% ,CARLi3A2 ‘CARLSs$,‘3, CAi.lFORti:A 3 .-L;,cq.r , _.. . . r. Security Title Insurance C. TR P.O. Bov 1590 San Diego, Ca, 92112 , Arther A. & Alice 5. Brown . , 5157 Shore Drive, Carlsbad, Ca, 92008 GaliT,"orni.a Lutheran Homes Inc, 2400 S. Freemont Ave. Alhambra, Ca. . 91803 Charles H. & Sarah M. Garner 257’j’5 Toliuca Drive San Bernardino, Caw 92404 Carole J. Stewart 539 Elm Ave. Carlsbad, Ca. 92008 - . .,- ,.--- .- ..- ---. - ---. _-. _.. ,.,._ ““_ . ________ .___. -I__ ._ _.” ._- _ - .._ - __I . . .-, . . - i.” ----------- Pf A~lNv4~ DSPART!dFP!f ,‘!T. ;:. ,1 ggy pi: (--,~*.L:.:l,“C:) fy.F!~SAJ, . ,. 8 I ‘,/., .:’ ‘.: T ,! ‘b:.#.-,*. \.,-: .I. \ t .- De1 Mar Properties 1871 Highland Oaks Drive, Arcadia, Ca. 91006 . . -_ 1200 ELM AVENUE CARLSBAD. CALIFORNIA 92008 January 24, 198 George William Custer, Jr. 404 Via Emily Oceanside, CA 92054 Enclosed for your records, please find a copy of the following Resolution 17 , adopted by the -- Carlsbad City Council on January 18, 1983 . Sincerely, &g* City Clerk ' TELEPHONE: (714)4X3-5621 LR:adm Enclosures ( 1 )