HomeMy WebLinkAboutMCUP 08-11; LA FIESTA DELI; Admin Decision Letter... • • FILE COPY City of Carl sbacf"~s-m
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August 25, 2008
Julio Ramirez
5810 El Camino Real #8
Carlsbad, CA 92008
SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 08-11 -LA FIESTA DELI -
Request to allow the continued existence of a delicatessen with a grill at 5810 El Camino
Real, in the Industrial Zone (M-Q) Zone and Local Facilities Management Zone 5.
Dear Julio Ramirez,
The Planning Director has completed a review of your application for a Minor Conditional Use
Permit MCUP 08-11 for a delicatessen with a grill at 5810 El Camino Real. A notice was sent to
property owners within a 300' radius of the subject property requesting comments regarding the
above request. No comments were received within the ten day notice period (ending on August
8, 2008). After careful consideration of the circumstances surrounding this request, the
Planning Director has determined that the four findings required for granting a Minor
Conditional Use Permit can be made and therefore, APPROVES this request based on the
following findings and conditions.
Findings:
1. That the requested use is necessary or desirable for the development of the community,
and is in harmony with the various elements and objectives of the general plan,·
including, if applicable, the certified local coastal program, specific plan or master plan in
that the existing delicatessen with grill is consistent with the General Plan in that
the Planned Industrial (Pl) Land Use designation supports the provision of
delicatessen uses. To this end, Industrial Policy C.9 of the Land Use Element
states in part, "Allow by conditional use permit, ancillary commercial uses when
closely oriented to support industrial developments and their populations."
2. That the requested use is not detrimental to existing uses or to uses specifically
permitted in the zone in which the proposed use is to be located in that the existing
delicatessen is not precluded by the projects' Industrial (M-Q) zoning, which
implements the Pl General Plan Land Use designation. Furthermore, the existing
use does not result in any additional building coverage, does not alter the
existing site design, and does not interfere with other surrounding uses.
3. That the site for the proposed conditional use is adequate in size and shape to
accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer
areas, landscaping and other development features prescribed in this code and required
by the Planning Director in order to integrate the use with other uses in the
neighborhood in that the delicatessen is existing and no modifications are being
proposed and the continuation of the use will not change building appearance,
1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @
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location, features, or parking. The original approval of the use was, granted in
1987 and most recently extended with approval of CUP .87-4x2 on February 6,
2002.
4. , That the street system serving the proposed use is adequate to properly handle all
traffic generated by the proposed use in that surrounding streets currently operate at
acceptable levels of service and the continued operation of the existing deli will
not generate additional traffic.
Conditions:
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on
the property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City's approval of this Minor Conditional Use P~rmit.
2. Staff is authorized and directed to make, or require the Developer to make, all
corrections and modifications to the NICUP 08-11 documents, as necessary to make
them internally consistent and in conformity with the final action on the project.
Develop11Jent shall occur substantially as shown on the approved Exhibits. Any
proposed development different from this approval shall require an amendment to this
approval.
3. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
hold harmless the City of Carlsbad, its Council members, officers, employees, agents,
and representatives, from and against any and all liabilities, losses, damages, demands;
claims and costs, including court costs and attorney's fees incurred by the City arising,
directly or indirectly, from (a) City's approval and issuance of this Minor Conditional
Use Permit, (b) City's approval or issuance of any permit or action, whether
discretionary or non-discretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the facility
of electromagnetic fields or other energy waves or emissions.
4. The Developer shall comply with all applicable provisions of federal, state, and local
-ordinances in effect at the time of building permit issuance.
5. This project shall comply with all conditions and mitigation measures, which are required
as part of the Zone 5 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
6. This project shall comply with Conditions Nos. 2 and 3 of the approved Conditional Use
Permit (CUP 87-4) as contained in Planning Commission Resolution No. 2673,
incorporated by reference herein and attached.
. \. ,,
• • MCUP 08-11 -LA FIESTA DELI/GRILL
August 25, 2008
Page 3
7. This Minor Conditional Use Permit is granted in perpetuity by the Planning Director
pursuant to Section 21.42.11 0(D) of the Carlsbad Municipal Code.
8. MCUP 08-11 shall be reviewed by the Planning Director on a yearly basis to determine if
all conditions of this permit have been met and that the use does not have a substantial
negative effect on surrounding properties or the public health, safety and general -
welfare. If the Planning Director determines that: 1) the minor conditional use permit
was obtained by fraud or misrepresentation; or 2) the use for which such approval is
granted is not being exercised; or 3) the conditions of approval have not been met; or 4)
the minor conditional use permit is being or recently has been exen?ised contrary to any
of the terms or conditions of approval; or 5) the use for which such approval was
granted has ceased to exist or has been suspended for one year or more; or 6) the use
is in violation of any statute, ordinance, law or regulation; or 7) the use permitted by the
minor conditional use permit is being or has been so exercised as to be detrimental to
the public health, safety or welfare or so as to constitute a nuisance, the Planning
Director shall hold an informal public hearing and after providing the permittee the
opportunity to be heard, the planning director may revoke and terminate the _ minor
conditional use permit in whole or in part, reaffirm the minor conditional use permit,
modify the conditions or impose new conditions.
9. Owner/applicant shall submit to the City a Notice of Restriction to be filed in the office of
the County Recorder, subject to the satisfaction of the Planning Director, notifying all
interested parties and successors in interest that the City of Carlsbad has issued a
Minor Conditional Use Permit on the real property owned by the owner/applicant.
Said Notice of Restriction shall note the property description, location of the file
containing complete project details and all conditions of approval as well as any
conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning
Director has the authority to execute and record an amendment to the notice, which
modifies or terminates said notice upon a showing of good cause by the owner/applicant
or successor in interest.
Engineering:
10. Developer shall comply with the City's Stormwater Regulations. Developer shall
implement best management practices at all times. Best management practices include
but are not limited to pollution ·treatment practices or devices, erosion control to control
silt runoff during construction, general housekeeping practices, pollution prevention and
educational practices, maintenance procedures, and other management practices or
devices to prevent or reduce the discharge of pollutants to stormwater, receiving water
or stormwater conveyance system to the maximum extent practicable.
Code Reminders:
11. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
12. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
• • MCUP 08-11 -LA FIESTA DELI/GRILL
August25,2008
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NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
You have 90 days from the date of final approval to protest imposition of these fees/exactions.
If you protest them, you must follow the protest procedure set forth in Government Code
Section 66020(a), and file the protest and any other required information with the City Manager
for processing in accordance with Carlsbad Municipal Code Section 3.32.0~0. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been gJven a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
This decision may be appealed by you or any other member of the public to the Planning
Commission within ten days of the date of this letter. Appeals must be submitted in writing to
the Planning Department at 1635 Faraday Avenue in Carlsbad, along with a payment of
$440.00. The filing of such appeal within such time limit shall stay the effective date of the
order of the Planning Director until such time as a final decision on the appeal is reached. If
you have any questions regarding this matter, please feel free to contact Deborah Milam at
(760) 602-4619. -
Sincerely,
%:lT.~~
Assistant Planning Director
GTB:DM:lt
c: El Camino Real Partners, 10035 Prospect Ave., Suite 101, Santee, CA 92071-4398
Scott Donnell, Senior Planner
Chris De Cerbo, Team Leader
David Rick, Project Engineer
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