HomeMy WebLinkAbout1986-01-28; Housing & Redevelopment Commission; 53; Carlsbad Inn - Amendment to PermitHOUSING AND-EDEVELOPMENT COMMISS IN - AGENDA BILL “’
rB# 53 TITLE: RP/CUP 84-3A AMENDMENT TO A
flTG. l/28/86 REDEVELOPMENT PERMIT -
)EPT. RED CARLSBAD INN
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CITY MGR. *
RECOMMENDED ACTION:
Adopt Housing and Redevelopment Commission Resolution No. 060 denying appeal and upholding the Design Review Board decision to DENY an amendment to RP/CUP 84-3A Carlsbad Inn.
ITEM EXPLANATION
This item is an appeal by the applicant (Carlsbad Inn) of a Design Review Board decision to DENY RP/CUP 84-3A. The applicant is requesting an amendment to a redevelopment permit to allow a restaurant in an approved "retail" area at the Carlsbad Inn site located on the southwest corner of Carlsbad Boulevard and Elm Avenue.
The Design Review Board at a public hearing on January 15, 1986,
denied the redevelopment permit because the proposed project:
1) Does not meet City parking standards because the retail building with proposed restaurant would require an additional 23 parking spaces.
2) The project does not meet the criteria for a 15% shared parking reduction for reasons stated in Design Review Board staff report dated January 15, 1985.
3) The project as proposed would intensify parking and circulation
problems in this part of the redevelopment area. t‘ .?
The Design Review Board expressed a desire to work out a solution
to the parking problem with the applicant. Several alternative
solutions were proposed by the Board. The applicant has met with staff to discuss an interim proposal:
1) The applicant agrees to seek a site for 23 additional spaces, with staff assistance.
2) No building permit will be issued for the 66 unit condominium
building remaining to be built on the site until this parking requirement is met.
The restaurant use could be approved subject to the above two conditions.
The proposed project is located in subarea 5 of the Village Redevelopment Area and is a permitted use in that subarea. The mixed use project consists of a 66 room hotel, 132 time share condominium units, a restaurant (Fidel's) and a two story retail building.
FISCAL IMPACT
No detailed economic impact analysis of this development has been been conducted.
EXHIBITS 1 - Resolution No. 060 2- Design Review Board staff report dated January 15, 1986
HOUSING AND REDEVELOPMENT COMMISSION
RESOLUTION NO. 060
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 PERMIT TO ALLOW A
RESTAURANT WITH LIQUOR LICENSE IN SPACE PREVIOUSLY
DESIGNATED FOR RETAIL USE.
CASE NO.: RP 84-3A APPLICANT: CARLSBAD INN
WHEREAS, an appeal of the decision of the Design Review
Board denying RP 84-3A has been filed with the Housing and
Redevelopment Commission; and
WHEREAS, pursuant to the provisions of the Municipal Code,
the Housing and Redevelopment Commission did, on the 28th day
of January, 1986, hold a duly noticed public hearing to consider
said application on property described as:
That portion of Tract 97 of Carlsbad Lands, according to Map thereof No. 1661, and all that portion of Blocks
14 and 15 Town of Carlsbad, according to Map thereof No. 535, filed in the Office of the County Recorder of San Diego County.
WHEREAS, at said hearing, upon hearing and considering all
testimony and arguments, if any, of all persons desiring to ne
heard, said Commission considered all factors relating to RP 84-3A.
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 the appeal and DENIES RP 84-319 for the reasons stated in the Design Review Board Resolution No. 064. The findings of the Design Review Board shall constitute the findings of the Commission in the matter.
PASSED, APPROVED AND ADOPTED at a special meeting of the
Housing and Redevelopment Commission of the City of Carlsbad,
California, held on the 28th day of January, 1986, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: MARY H. CASLER, Chairperson
ALETHA L. RAUTENKRANZ, City Clerk
.I& a. Y-LYIII .LV*. Y”YIa** +*a- Y-.-Y. DECEMBER 9. 1985
DATE:
TO:
FROM:
SUBJECT:
I. RECOMMENDATION
That the Design Review Board ADOPT Resolution No. 064 DENYING
STAFF REPORT
JANUARY 15, 1986
DESIGN REVIEW BOARD
PLANNING DEPARTMENT
RP/CUP 84-3(A) - CARLSBAD INN - Request for approval of an amendment to a major Redevelopment Permit, and a Conditional Use Permit to allow a restaurant with liquor license in space previously designated for retail use.
RP/CUP 84-3(Aj based on the fmgs contained therein.
II. PROJECT DESCRIPTION
The applicant is requesting approval of an amendment to a major redevelopment permit to permit a restaurant in the approved "retail" area of the Carlsbad Inn, and conditional use permit to permit a restaurant with a liquor license in the same project.
The Carlsbad Inn was originally approved by the Housing and Redevelopment Commission in 1984. The project as approved included a 66 unit hotel, 132 time-share units, a 4,900 square foot restaurant (Fidel's) and 10,300 square feet of retail space. The. original approval .included reductions in parking for time-share units. The addition .of the restaurant as proposed (Exhibit "D") on the first floor of the retail building would consist of approximately 2,350 square feet. This would leave a remainder of 9,175 square feet of retail use plus a 630 square foot second story deck (Exhibit "E"). A galleria/bakery proposed on the second floor was not considered as a restaurant and is not part of this application even though it contains a kitchen and an outdoor deck.
III. ANALYSIS
Planning Issues
1) Is the proposal consistent with City parking standards?
2) Will the project as proposed create additional parking problems in the immediate area?
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Discussion
The major issue involving the applicant's request is the use of a restaurant in the area designated for retail and the increase in parking needed to accommodate a restaurant use. The retail building was approved with a parking ratio of 1 space per 300 square feet (1:300) of gross floor area. A restaurant is figured at 1:lOO including kitchen. The restaurant along with the patio area comprise approximately 2,350 square feet. By City standards, this would necessitate an additional 23 parking spaces. There is no room onsite for these additional spaces.
To fully assess the parking problems created by the addition of the restaurant it is necessary to look at parking for the entire project as originally approved.
Land Use Spaces Provided Per Original Submittal
Hotel 66 Condominiums 132 Fidel's Restaurant 49 'Retail" Building 34
Total Spaces Required 281 Restaurant - 23 additional spaces equal 304 required spaces
Changing a portion of the retail building to a restaurant would require an additional 23 parking spaces or a total of 304 required spaces.
In figuring the parking shortage it should also be noted that staff took a fairly lenient approach. The large wooden deck area adjacent to Fidel's on the west was not included although it appears to be designed for outdoor eating. In addition, the second floor of the retail area includes a bakery/galleria which was only counted as retail. The bakery has a large kitchen area and also a large deck projecting towards Carlsbad Boulevard which could be utilized for outdoor eating.
To help solve the parking shortage the applicant has suggested that they be granted a 15% "shared" or "common" parking reductions as allowed by the Ordinance. Staff cannot make the finding for a common parking reduction because the uses are common or alike in terms of the times of their activity peaks.
If a portion of the site was office this reduction might be justified because office activity is usually 8 a.m. to 5 p.m. Another reason staff cannot support the reduction is assigned parking.
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The reciprocal parking agreement for Carlsbad Inn assigns 83 parking spaces to the restaurant and retail building. The remainder of the parking spaces (198) are assigned to the hotel and condominiums. The actual assignment of spaces negates the common facilities concept. The assigned spaces, particularly for the hotel and time-shares cannot be really shared and are needed for there own purposes. Even if they could be shared they are difficult to find and people would tend to park on the street or at neighboring establishments. Also, the parking will still be short even if a 15% reduction could be justified.
There is no doubt that the restaurant proposed will constitute a quality project and is a desirable use for the redevelopment area. The basic major parking problems have been a concern in the redevelopment area for years. The Design Review Board and Council have commented on this problem on numerous occassions. Staff feels that the severe parking shortages in this area override the need for the use and that special consideration not be granted to the project. Staff also feels that implementation of the project as proposed would increase existing parking problems in the area and could impact proper circulation. Staff is reccomending denial of the redevelopment permit for the restaurant.
The application for a conditional use permit rests upon approval of the redevelopment permit as the nature of the liquor license requires a "bona fide" restaurant on the premises. Staff's recommendation to deny the redevelopment permit, therefore, includes the denial of the conditional use permit. The applicant has been informed by staff that the first floor kitchen may be kept in the retail area and used for hotel room service and that the second floor kitchen may be used for the retail sale of bakery goods without a dining area. Such uses would not require additional parking or the discretionary approval of the City.
Architecture
The second floor floorplan (Exhibit "E") shows a deck area fronting Carlsbad Boulevard. This deck area has never been shown on any plan reviewed by either the Design Review Board or the City Council. It decreases the building setback from Carlsbad Boulevard by 15 feet which is dramatized by the bulk and massiveness of its architecture.
ATTACHMENTS
1) Design Review Board Resolution No. 064
2) Location Map
3) Background Data Sheet
4) Disclosure Form
5) Exhibits "A" - "F", dated December 6, 1985
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DESIGN REVIEW BOARD RESOLUTION NO. 064
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING A REDEVELOPMENT PERMIT TO ALLOW A RESTAURANT WITH LIQUOR LICENSE ON PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CORNER OF ELM AVENUE AND CARLSBAD BOULEVARD. APPLICANT: CARLSBAD INN
CASE NO.: RP/CUP 84-3(A)
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 15th day of January, 1986, hold
a duly noticed public hearing to consider said application on
property described as:
That portion of Tract 97 of Carlsbad Lands, according to Map thereof No. 1661, and all that portion of Blocks 14 and 15 of Town of Carlsbad, according to Map thereof No. 535, filed in the Office of the County Recorder of San Diego County.
WHEREAS, at said hearing, upon hearing and considering all
testimony and arguments, if any, of all persons desiring to be
I:heard, said Board considered all factors relating to RP/CUP 84-
/ 13(A).
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review
'Board of the City of Carlsbad as follows:
II 'A)' That the abov'e recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Board DENIES RP/CUP 84-3(A), based on the following findings:
IFindings: I 1) The project as proposed does not meet City parking standards because the retail building with proposed restaurant would require an additional 23 parking spaces.
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2) 'The project does not meet the criteria for a 15% shared parking reduktion for reasons stated in the staff report.
3) The project as proposed would intensify parking and circulation problems in this part of the redevelopment area.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Design Review Board of the City of Carlsbad, California, held on
the 15th day of January, 1986, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
JOHN MC COY, Chairperson CARLSBAD DESIGN REVIEW BOARD
CHRIS SALOMONE COMMUNITY REDEVELOPMENT MANAGER
DRB RESO NO. 064 -2-
LOCATION MAT
IT-- BOU EVARD
GRAND AVE
ti NEIMAN’S
ELM AVE
OAK AYE
CARLSBAD INN
RPKUP 84=3(A]
PINE ST
City of Carlsbad
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.I LQCATION MAP
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ED3
P 2 I!
E : e B
; . w :! * . s
1
Lifiil
E - 10,787 - u - 40,000 P - 84
SITE \ E - 10,493 u - 20,ooo P - 84
E - 12,683 ,' u - 40,000 P - 84
n
E - Existing U - Ultimate P - Project Onljr
CARLSBAD INN BEACH AND TENNIS RESORT ,
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BACKGROUND DATA SHEET
CASENO: RE'/CUP 84-3(A)
APPLICANT: CARISBADINN
REQUEST AND IOCATION: Request for redevelopment permit and conditional use permit to allow a restaurant with liquor license at the southwest corner of Elm Avenue and Carlsbad Boulevard.
LKAL DESCRIPTION: That portion of Tract 97 of Carlsbad Lands, according to Map thereof No. 1661, and all that portion of Blocks 14 and 15 of Town of Carlsbad, according to Map thereof No. 535, filed in the Office of the County Recorder of San Diego County. APN: 203-252-01,02
Acres 4.04 Proposed No. of I&s/Units
GENEFUG PLAN AND ZONING
Land Use Designation Ts
Density Allowed N/A Density Proposed N/A
Existing Zone VR Proposed Zone VR
Surrounding Zoning and Lard Use:
Zoning
Site VR
North VR
south VR
East VR
West R-3
Iand Use
Hotel, Condos, Retail, Restaurant
Restaurant
Residential
Liquor Store & Restaurant
Residential
PUBLIC FACILITIES
School District Carl&ad Water Carl&ad Sewer Carl&ad EDU's
Public Facilities Fee Agreement, dated
ENVIRONMENTAL IME'ACTASSESSMEMC
Negative Declaration, issued
E.I.R. Certified, dated
Other,
r, -‘DISCLOSURE PORK- - . -__--” -‘-: ‘. _ .._
‘. . . :
~-APPLICAHr:- CarIsbdd hn; 'Ltd., 'A California Limited Partnhrship ' : :
Name mviduz&, psrtnership, -joi&-w&x~,coq0r&&+syrdication)
P.O. Box 99 De1 Mar, Ca 92014
Business Address
755-3991
Telephone Number
AGERl?: James M. Watkins,
NalW
P.O. Box 99 De1 Mar, Ca 92014
Business Address
755-3991
Telephone Number
MEMBERS: (See Attachment)
Name (individual, partner, ]olnt Home Address venture, corporation, syndication)
Busmess Address
Telephone N&r Telephone Nurrker
Xxne Address
Business Mdress
Telephone Number Telephone N*mber
(Attach mre sheets if necessary)
The applicant is required to apply for Coastal Commission Approval if located in the Coastal Zone,
I/We declare under penalty of pxjury that the information contained in this disclosure is true and correct and that it will remain true and correct ard my I=e relied upon as being true and correct until amended.
Carlsbad Inn, Ltd.
APPLIcAm
BY Agent, Owner, Partner
James M. Watkins, General Partner
Carlsbad Journal
Decreed o Legal Newspaper by the Superior Court of Son DIego County
3 138 ROOSEVELT ST. . P.O. BOX 248 . CARLSBAD, CA 92008 0729-2345
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 Carlsbad, 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
and 15 of Town of Carls- next preceding the date of publication of the
NOTICE OF PUBLIC Blocks 14
HEARING bad, in tk s City df Carlsbad, County notice hereinafter referred to; and that the notice
of San Di ego, State of California. -.-.-a:__ accummg to Map thereof No. 535. of which the annexed is a printed copy, has been NOTICE IS HI EREBY GIVEN that the Housing a.- .d P.A.“.l”nmrn+ filed in the Ofllce of the County Re- _.-“_.-_“r . ..-... Commission ofthe CityofCsrlsbad corder 01 San Diego County. published in each regular and entire issue of said
will hold a special public hearing Those p wsons wishing’to speak newspaper and not in any supplement thereof on
at the City Council Chambers. 1200 on this apl peal are cordially invited to attend 1 4e public hearing. If you the following dates, to-wit: Elm Avenue, Ct - .._ t*,saaa, c*,,10r0,*, at COO p.m. on T ueaday, January 28. have any questions please call the
19&i. to conside !r an appeal of the Redevelopment OMce at 43%5593.
Desinn Review 1 3oard’s denial of an If you challenge the Redevelop
application for a redevelopment ment Permit in court, you may be January 18 ,i...i+a,i 1 ,,..iLinsnn I,,, knrn irr,,PE . . . * * . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 86 . . . . .,,.,. ‘?” ,” .-.“.._ “...., ...--” . ..““_” you or mmecme else raised at the public hearing described in this notice, or in written eorre- spondence delivered to the City of Carlsbad at or prior to the public ..* * a.............,..............
Y.202.
permit to allow a 2.328 square foot restaurant on property generally located on southwest corner of Carlsbad Boulevard and Elm Ave- nue and more particularly de- scribed as: That portion of Tract 97 of Carls- bad Lands. in the City of Carlabad. Coknty of San Dlego. State of Cali- fornia, according to Map thereof NO. 1661, Med In the Omee of the County Recorder of Sn” Dlego County: and all that portion of
hearing. Case File: RP/CUP 84.3A Applicant: CARLSBAD INN CITY OF CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION
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I certify under penalty of perjury that the foregoing is true ~:,4xm;ifE;m&t~d ~jC$rlft@hCounty of San Diego,
- Clerk of the Prin\