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Home My WebLink About1985-06-04; Housing & Redevelopment Commission; 41; Wally's Restaurant in the Big Bear CenteriB# 41 TITLE: REQUEST FOR A REDEVELOPMENT PERMIT TO ALLOW CONSTRUCTION OF A WALLY'S JITG. 6/4/85 RESTAURANT IN THE BIG BEAR CENTER AT IEPT. RED I-5 AND ELM AVENUE (APPEAL) RP 84-16 ,- n HOUSING AND -= -DEVELOPMENT COMMISS /N - AGENDA B‘ILL 0 22 CITY Adk!k?! CITY MGR.s RECOMMENDED ACTION: Adopt Housing and Redevelopment Commission Resolution No. 47 denying appeal and upholding the Design Review Board decision to DENY RP 84-16. ITEM EXPLANATION This item is an appeal by the applicant (Wally's Restaurant) of a Design Review Board decision to DENY RP 84-16. The applicant is requesting a redevelopment permit to allow construction of a Wally's restaurant in the Big Bear Center .at I-5 and Elm Avenue. The Design Review Board after three public hearings denied the redevelopment permit because the proposed project: 1) Does not comply with City of Carlsbad standards regarding traffic circulation. 2) The proposed restaurant/bar project will cause cumulative traffic impacts at a location which already has an over burdened circulation system. These impacts have not been mitigated by the design of the project. 3) Parking adequate to serve the project has not been provided in the project design given the type and intensity of other uses in the immediate vicinity with which the project must share parking facilities, even though the number of off- street parking spaces proposed for the entire center including the project site met the minimum standards established by Chapter 21.44 of the Municipal Code at the time it was approved. (At that time a 50% reduction was granted for shared parking. Reductions like this are no longer granted by the City.) 4) The project is inconsistent with the Village Redevelopment Plan because it does not provide for or contribute to a convenient circulation system as required by Section II-C-13 of the Plan. 5) The project is inconsistent with the circulation element of the General Plan because it will create traffic impacts at an already constrained location which have not been mitigated by the design of the project. The proposed project is located in subarea 2 of the Village Redevelopment Area and is a permitted use in that subarea. The project is also located in a special treatment area. Elm Avenue extending from I-5 on the east to Ocean Street on the west, and / . . Page 2 of Agenda Bill #41 one lot deep on the north and south is noted to be a "Special Treatment Area" as established by the Village Design Manual. As indicated in the Village Design Manual land use for said "Special Treatment Area" within the Elm Avenue corridor are the same as those allowed by C-2 and C-l zones, however, special design criteria should be established for developments with high traffic volume. Further, one of the goals of subarea 2 in an effort to create a safe, pleasant and inviting environment, shall be to emphasize better design of on and off site traffic circulation. The Design Review Board found that although the restaurant would be desirable, the traffic and parking impacts could not be mitigated. FISCAL IMPACT No detailed economic impact analysis of this development has been conducted. It cannot be determined whether economic benefits from the project, including tax increment increases and fees, would offset the anticipated burdens the proejct will have on traffic circulation and public facilities. Denial of this project is not anticipated to have any direct economic impact on the City. The site is currently vacant and has been for some time. A redevelopment permit will be required for any new use on this site. Certain code enforcement actions against the existing structure may be necessary if the project is denied. However, these costs would be absorbed in the code enforcement process. EXHIBITS 1) Housing and Redevelopment Commission Resolution No. 047 2) Design Review Board staff report dated April 10, 1985 w/o attachments 3) Minutes of Design Review Board meeting dated April 10, 1985 4) Design Review Board Resolution No. 047, Dated May 8, 1985 . 1 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 47 2 3 4 5 6 7 8 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA DENYING THE APPEAL FROM AND,UPHOLDING THE DECISION OF THE DESIGN REVIEW BOARD DENYING A REDEVELOPMENT TO DEVELOP A WALLY'S RESTAURANT AT I-5 AND ELM AVENUE IN THE BIG BEAR CENTER. APPLICANT: WALLY'S RESTAURANT CASE NO.: RP 84-16 WHEREAS an appeal of the decision of the Design Review 9 Board denying RP 84-16 has been filed with the Housing and 10 Redevelopment Commission; and 11 WHEREAS, pursuant to the provisions of the Municipal Code, 12 the Housing and Redevelopment Commission did, on the 4th day of 13 June, 1985, hold a duly noticed public hearing to consider said 14 application on property described as: 15 Lot 29 inclusive in Block 66 of Town of Carlsbad, in the City of Carlsbad, County of San Diego, 16 State of California. 17 WHEREAS, at said hearing, upon hearing and considering all 18 testimony and arguments, if any, of all persons desiring to be 19 heard, said Commission considered all factors relating to RP 84-16. 20 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and 21 Redevelopment Commission of the City of Carlsbad as follows: 22 A) That the foregoing recitations are true and correct. 23 B, That based on the evidence presented at the public hearing, the Commission DENIES the appeal and DENIES RP 84-16 24 25 for the reasons stated in Design Review Board Resolution No. 47. The findings of the Design Review Board shall constitute the findings of the Commission in the matter. _- 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 I PASSED, APPROVED AND ADOPTED at a regular meeting of the Housing and Redevelopment Commission of the City of Carlsbad, California, held on the 18thday of June, 1985, by the following vote, to wit: AYES: camnissioners Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: mne ABSTAIN: Nolze ATTEST: I I a& ~ ALETHA L. RAUTENKRANZ, (SEAL) //// /I// I/// //// STAFF REPORT DATE: APRIL 10, 1985 . TO: DESIGN REVIEW BOARD FROM: LAND USE PLANNING OFFICE SUBJECT: RP 84-16 - WALLY'S RESTAURANT - Request for approval of a Redevelopment Permit to allow construction of a "Wally's" restaurant on the site presently occupied by "Tony's No. 2" restaurant in the Big Bear Center'at I-5 and Elm Avenue. I. RECOMMENDATION It is recommended that the Design Review Board APPROVE the issued by the Land Use Planning Manager and Negative Declaration ADOPT Resolution No. rindings and subject 047 APPROVING RP 84-16 based on the to the conditions contained therein. II. DISCUSSION At previous meetings on this item, the Board indicated that the on-site circulation pattern in the Big Bear center must be significantly improved prior to a favorable review of the Wally's plan. In response, the applicant has submitted a revised parking lot plan which revises the entry and central area of the lot. On-site parking space numbers meet the city's parking code. As shown on Exhibit "A", the improvements proposed by the applicant are as follows: A) - Reducing the main drive to 32 feet wide (one in, one out lane). This gives additional area for parking between the driveway and Wally's. B) Parking spaces at the main (eastern) entrance to Big Bear will be redesigned to not allow backing out into. main traffic. This eliminates the "jog" in the entry aisle and should provide a smoother flow. Cl The rear of the site (Oak Avenue) will be cleaned up and redesigned to accommodate parallel vehicle parking. The applicant has also indicated a willingness to make median or signal improvements in Elm Avenue if necessary to help the flow of traffic exiting the site (since only one exit lane is provided by this plan). Staff does not recommend a signal in Elm Avenue. Staff does, however, recommend that the main aisle width be increased (from the latest proposal) to 36 feet. This dimension is wide enough to accommodate'one entry and two exiting lanes. It can be accomplished by .pushing the parking areas closer to Wally's. - Aside from this other minor detail design considerations . [identified in Engineering conditions) staff concludes that the plan is the most efficient design to date, and recommends approval of the revised plan. ATTACPMENTS 1) Design Review Board Resolution No. 047 2) Staff Report, dated March 13, 1985 3) Staff Report, dated January 9, 1985 4) Location Map 5) Background Data Sheet 6) Disclosure Form 7) Exhibit "A", dated April 10, 1985 PJK:bn 4/4/85 -2- MINUTES Meeting of: IXSIGNREVIEWBDARD The of Meeting: 5:oo p.m. Date of Meeting: April 10, 1985 Place of Meeting: City Council Chambers CALLTOOPDER: Tfie Meeting was called to crder at 5:07 p.m. by Chairman McCoy. ROLL CALL: Present: Chairman McCoy, Members Marcus, Ronbotis and Schlehuber. Absent: Member Holmes. PLELGEOFALcB;I?WEwas led byChainnanMKoy. Staff Members Present: Chris Salonone, Cumwnity Redevelopent Manager Dan Hents&ke, Assistant City Attorney Marty BouMn, Traffic Consultant PUBLIC BEARINZ: 1. RP 84-16 - WALLY'S RESPWRANT - Request for approval of a Redevelcqxnent Permit to allow Gstructicn of a Waliy'sm Restaurant cn the site presently occupied by Tony's No. 2" restaurant in the Big Bear Center at I-5 and Elm Avenue. Chris Salonone, Cunrunity Redevelopment Manager, gave the presentation on this item as cMltained in the Staff Report, using a transpare ncy to show the site. Be also used awall chart to show the new parking configuration as proposed by the applicant. The proposal is to narrcw the throat into the parking area, and re-arrange the parking and flow of traffic in the lot. The new prcposalby the mlicantwould narrow the throat to 32 feet, but staff has reoxnnendad that be 36 feetmininnun. Another item discussed was off-site &movements, including a signal or a median along Elm Avenue. Mr. Salomxle stated thatanmdianalongElmhad been discussed for years, with sane developers having bonded for that median. Marty Bounan, Raffic Consultant, reported that his opinion about the median cn Elm was different, and he statedhis reasons for notreanrnending anmdian there were a change in traffic patterns would only make nore congestion and more traffic roves at adjacent intersections weld prove mxe hazardous. There are not nmny accidents at that Point, proving that the center left-turn lane is working and people are being cautious. Mr. BouMn stated the accidents occur at the I-5 rasps andHardingStreetsignals. Be did feel that medians an ElmAvenue to the west of Harding Street could be beneficial-but not in this block. Mr. Boumanwuld notreaxnnend amedian anElm in this block and a traffic signal would be inpossible. MEMBERS ’ 7 MINUTES April 10, 1985 Paoe 2 Chairman McCoy opened the public hearing at 5:22 p.m. and issued the invitation to speak. Mr. Larry Sillman, Sillman, Wyman fi Associates, 10671 Roselle, San Diego, a&Iressed the Board, introducing the other nmbers of their staff present. Mr. Sillman stated they agreed with staff's recomnendaticn to approve this project. He said he felt their proposal would inprove the traffic situation. Mr. John Grant, 4056 Skyline, spoke in cppositicn to this project, stating the parking problem has not been solved, and also stated his disapproval of the narrowing of the entranoa throat to 36 feet. He reiterated his previous concern about the lack of parking and the growing congestion in that lot. Mr. Sillman responded to the amment regarding the width of the entrance to the lot, stating that 50 feet is beyond themaximim, and he felt the 36 feet staff recummnded was adequate. Since nocne else wished to speak on this item, the public testirsony was concluded at 5:30 p.m. Members Schlehuber and Rcsbotis stated they could not support the project, due to the parking and the re- deSign. Member Rosbotis stated he knew the restaurant would be successful, which would create not-e problems as far as congestion and parking. Me&erMarcus stated she oould support the project. Chairman McCoy stated he was disappointed in the parkingonoak Street. He felt the back of Big Sear needs to be cleaned up, andwould notsupportthe project until that is &me. Design Review Board directed staff to return with docxnnents denying, without prejudice, RP 84-16. Chairman McCoy asked the Building Director to check into the bins in the back of the center lot, with the intent to have the area cleaned up and made mDre presentable. 2. Rp - 85-8 - CARLSBAD AUlQ SERVICE, INC. - Reguest for aMinor Redevelapnent Permit tiestasblish an auto repair facility at 3165 Roosevelt. Chris Salcsune gave the staff report cm this item, stating this was a request for aMinor Redevelopnent Permit, to cpen an auto repair facility, with all repairwork tobe cbne inside. Landscapingwwld be done almq Roosevelt and Tyler to screen the facility. Chairman McCoy opened the public hearing at 5:40 p.m. and issued the invitation to speak. Since no one wished to speak, the public testimony portion was ClOSd. MC-Y Marcus Rcmbotis Schlehuber I ’ - MINUTES April 10, 1985 Page 3 MEMBERS ’ Design Review Board z&pted the following Resolution: ~LUl'ICNN3. 048,APPKWItGARED-PEDHIT'lD ALU%AtJPUPOREPAIRSERVICE~~PEIWYW'lER&LY UXXTD Xc 3163 KXEEVELT SlWWl'. 3. JOE'STRAKSMISSION Chris Salanone gave a verbal update on this item, stating he would be msefing with the new owner and weld bring back a further report at the next meeting. ADDITIav+LBtwNEsS: Chris Sabune annowxd there would be anOpenRouse, Tuesday, April 16, 1985, at the new offices of Redsvelopnent. APPHWALOFMINIITES: The Minutes of the March 13, 1985, meeting were approved as presented. By proper mtion, the meeting of April 10, 1985, was adjourned at 5:42 p.m. Respectfully sukvnitted, CHRIS- CamunityRedeve~ntManager Harriett Babbitt Minutes Clerk McCoy Marcus Mtis Schlehuber iitszis Schlehuber . - - 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 DESIGN REVIEW BOARD RESOLUTION NO. 047 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING WITHOUT PREJUDICE A MAJOR REDEVELOPMENT PERMIT TO ALLOW THE CONSTRUCTION OF A WALLY'S RESTAURANT IN THE BIG BEAR CENTER LOCATED AT I-5 AND ELM AVENUE. APPLICANT: WALLY'S RESTAURANT CASE NO.: RP 84-16 WHEREAS, a verified application has been filed with the City of Carlsbad and referred to the Design Review Board; 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 Design Review Board did, on the 10th day of April, 1985, hold a duly noticed Public Hearing to consider said application on property described as: Lot 29 inclusive in Block 66 of Town of Carlsbad, in the City of Carlsbad, County of San Diego, State of California. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Board considered all factors relating to RP 84-16. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review Board 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 Board DENIES RP 84-16, based on the following findings: FINDINGS: 1) The proposed project does not comply with City of Carlsbad standards regarding traffic circulation. //I/ 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 The proposed restaurant/bar project will cause cumulative traffic impacts at a location which already has an over burdened circulation system. These impacts have not been mitigated by the design of the project. Parking adequate to serve the project has not been provided in the project design given the type and intensity of other uses in the immediate vicinity with which the project must share parking facilities, even though the number of off-street parking spaces proposed for the entire center including the project site meets the minimum standards established by Chapter 21.44 of the Municipal Code. The project is inconsistent with the Village Redevelopment Plan because it does not provide for or contribute to a convenient circulation system as required by Section II-C-13 of the Plan. The project is inconsistent with the circulation element of the General Plan because it will create traffic impacts at an already constrained location which have not been mitigated by the design of the project. PASSED, APPROVED AND ADOPTED at a regular meeting of the design Review Board of the City of Carlsbad, California, held on the 8th day of May, 1985, by the following vote, to wit: AYES: McCoy, Marcus, Schlehuber NOES: ABSENT: ABSTAIN: Holmes 4TTEST: JOHN MCCOY, Chairpersor DESIGN REVIEW BOARD ZHRIS SALOMONE Community Redevelopment Manager 1RB RESO. NO; 047 -2- SACRAMENTO HOTEL SENATOR SUILDING ll2i L STRPIET. SUITE 600 SACRAMENTO, CALIFORNIA 99614 ISIS) 442-2022 CABLE ADDRESS: GLMSAC GATZKE,LODOE &MISPAOEL * PARTNERSHIP lNCL"DlNC PROFE5SIONAL LAW CORPOR*TION* ATTORNEYS 6. COUNSELORS AT LAW 2890 P10 PlCO DRIVE. SUITE E POST OFFICE 80X 1636 CARLSBAD, CALIFORNIA 92OOiS I6191 729-2304 CABLE ADDRESS: GLMCARL PAUMA VALLCI THE PAUMA BUILDING I6160 WIGWWAY 76, SUITE 403 POST Of PICL 60X 600 PAUMA “ALLEY. CALIfORNIA 92061 (6191 749-3199 ERIC T. LODGE A PROFESSIONAL LAY CORCORATION PARTNER June 3, 1985 0, CO”N.‘L DOROTUY T. LODGE Mr. Chris Salomone Housing and Redevelopment Manager City of Carlsbad 2965 Roosevelt Stre+ Suite B Carlsbad, California 92008-1991 Re: Wally's Restaurant/Application No.. RIP-84016 Dear Chris: As you know, the appeal from the Design Review Board determination of May 8, 1985, will be heard by the City Council on June 4, 1985. The concerns of the Design Review Board focused on the circulation of traffic within the shopping center and its entering and leaving the center via Elm Avenue. After considerable study and consultation with Marty Bouman, the City's Traffic Consultant, an alternative design has been developed and will be presented to the City Council at tomorrow's hearing. A copy of that design is enclosed for your review and designated as "Plan B". As you can see from a review of Plan B, the main feature is an additional ingress and egress driveway immediately west of the proposed Wally's Restaurant. As you will recall, it had been the Design Review Board's thinking that it would be best to reduce the number of access points to the center on Elm Avenue. However, Mr. Bouman was of the opinion that fewer access points would, in fact, contribute to rather than alleviate the traffic problems. He felt that adding the additional access point would be preferable from a traffic safety standpoint. I believe that Mr. Bouman's presence at tomorrow's City Council meeting would greatly contribute to the Council's understanding of the project and the impacts it will have on traffic circulation. GATZKE, LODGE &MISPAGEL ATTORNEYS 6 COUNSELORS AT LAW Mr. Chris Salomone June 3, 1985 Page Two This has the additional benefit, from the standpoint of users of the restaurant and the center in general, of focusing parking toward the eastern portion of the parking lot. This would enable customers of Wally's Restaurant to park near the restaurant and bypass the more congested areas around the Big Bear Market. Our studies, which will be presented at the Council Meeting, have disclosed that the eastern portion of the lot is being under- utilized. The required parking for the entire shopping center is 199 spaces. Plan B will provide 204 on-site parking spaces, The Wally's Restaurant lease grants it reciprocal parking rights over the entire shopping center parking area. The Design Review Board recognized that ample parking was available under the City of Carlsbad requirements. (See Carlsbad Municipal Code §21.44.160(2) (c).1 Please feel free to contact the undersigned if you have any additional questions. of Gatzke, Lodge & Mispagel ETL/bn Enclosures cc: Mr. Marty Bouman, Acting City Engineer, with enclosures te'arlsbad City Clerk, with enclosures Mr. Robert Nugent, without enclosures Mr. Geoffrey I. Lee, without enclosures 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 4Citp of 4CarIe’bab June 25, 1985 Gatzke, Lodge & Mispagel, Attorneys for Wally's Restaurants 2890 Pio Pica Dr. Ste. E P.O. Box 1636 Carlsbad, CA 92008 Enclosed for your records, please find a copy of the following Resolution No. 47 3 .--- adopted by the Carlsbad City Council on June 18, 1985 . Sincerely, &g* City Clerk LR:adm Enclosures ( 1 ) TELEPHONE: (714) 430-5621 1200 ELM AVENUE CARL&AD, CALIFORNIA 92008 Office of the City Clerk TELEPHONE: (714) 438-5535 Citp of @LarMxfb APPEAL FORM I (We) appeal the following decision of the Design Review Board to the City Council: Project name and number (or subject of appeal): Wally's Restaurant, RP84-16 Date of decision: May 8, 1985 Reason for appeal:The proposed project is consistent with Chapter 21.35 of the Carlsbad Municipal Code, with the Carlsbad Villaqe Area Redevelopment Plan, and with the Village Design Manual, and should be approved. May 10, 1985 Date Gatzke, Lodqe & Mispaqel, Attorneys Name (Please print) for Wally's Restaurants 2890 Pio Pica Dr., Ste. E P.O. Box 1636 Address Carlsbad, California 92008 (619) 729-2304 Telephone Number WRITE IT-DON’T !%k IT INTER-DEPARTMENT MEMORANDUM TO Karen DATE 5123185 " Attached is copy of property owners list and legal notice for Wally's appeal. Notice of public hearing delivered to Journal. A.M. P. M. Notices mailed out to property owners. REPLY ON THIS SHEET FROM W,LMER ‘“sIR”Nx- &Mr ST*ND*RD ,NTER DEPT. MEMO FORM 1 I -24-m NOTICE OF PUBLIC HEARING . NOTICE IS HEREBY GI ~- that the Housing and Redevelop,,ent Commission 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, June 4, 1985, to consider an appeal of the Design Review Board's denial of an application for a redevelopment permit.to allow construction of a Wally's Restaurant on the site presently occupied by “Tony's No. 2" Restaurant on property generally located in the Big Bear Center at I-5 and Elm Avenue and more particularly described as: Lot 29 inclusive in Block 66 of Town of Carlsbad, in the City of Carlsbad, County of San Diego, State of California. Those persons wishing to speak on this appeal are cordially invited to attend the public hearing. If you have any questions please call the Redevelopment Office at 438-5593. CASE FILE: RP 84-16 APPLICANT: Wally's Restaurant PUBLISH: March 25, 1985 .CITY OF CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION LOdAilON MAP : 2 ” n 0 n m l * WALLY’S RESTAURANT 1 RP 84-16 C Properties owners within 200 foot radius of Wally's Carlsbad Property Owners and Address Assessors Parcel Number 1. Shick Ralph Hemarjorie 156-180-28 P.O. Box 599 Oceanside, CA 92054 2. Same as #l 156-180-26 3. C.J. Heltbridle 156-180-30 P.O. Box 599 Oceanside, CA 92054 4. Same as #2 156-180-15 5. City of Carlsbad 156-180-41 6. Carroll G. Stanley and Gloria Starke Robert 203-320-28 1942 S. Pacific St. Oceanside, CA 92054 7.' Vera A. Soto and Samuel and Inez Aguilar 203-320-27 c/o Mike McCabe P.O. Box 278 Oceanside, CA 92054 8. Same as #7 203-320-31 9. Owner of Wally's Carlsbad 203-320-29 Carroll G. Stanley and Gloria Starke Robert 1942 S. Pacific St. Oceanside, CA 92054 10. City of Carlsbad 203-353-07 11. City of Carlsbad 203-353-06 12. City of Carlsbad 203-353-05 13. Alan K. Jacobs 203-353-04 3044 Harding St. Carlsbad, CA 92008 14. Con Foodmaker, Inc. P.O. Box 783 San Diego, CA 92112 Attn: Lynn Smith 203-353-09 15. Nigel Fennel c/o Desert Petroleum Inc. P.O. Box 1601 Oxnard CA 93030 203-355-05 16. Gregory Losa c/o Carl Karcher Enterprises P.O. Box 4349 Anahiem, CA 92803 203-320-40 17. Same as 816 203-320-41 18. 'John and Mary Grant 203-320-12 4056 Skyline Dr. Carlsbad, CA 92008 , - ’ I . - . . Property Owners and Address Assessors Parcel Number 19. Cons Sixpence Inns of America, Inc. 203-320-04 1751 E. Garry Ave. Santa Ana, CA 92705 20. Same as 118 203-320-35 21. Charlotte Thatcher and Robert Sonnman P.O. Box 223 Carlsbad, CA 92008 203-320-33