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HomeMy WebLinkAboutMCUP 08-15; JC DELI; Admin Decision Letter0 City of August 20, 2009 Charles Um JC Deli 2382 Camino Vida Roble Carlsbad, CA 92009 o FILE COPY "'zsro?O• D9 Carlsbad l@FIOUl;t~i•J4•iii3ii,t4;H SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 08-15 -JC DELI -Request to allow the continued operation of a 542 square foot delicatessen with a new 630 square foot outdoor eating area located at 2382 Camino Vida Roble, in the P-M Zone and Local Facilities Management Zone 5. Dear Charles Um, The Planning Director has completed a review of your application for a Minor Conditional Use Permit MCUP 08-15 for a 542 square foot delicatessen with a new 630 square foot outdoor eating area and five associated parking spaces at 2382 Camino Vida Roble located within the Palomar Business Center; 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 January 9, 2009). 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 542 square foot delicatessen with a new 630 square foot outdoor eating area provides a convenient food-service use (delicatessen) in proximity to employees of surrounding industrial. and office ~usinesses and the use is consistent with the General Plan in that the Planned, Industrial (Pl) Land Use designation supports the provision of delicatessen' uses.-Specifically, 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 a delicatessen use is not precluded by the projects' Planned Industrial (P-M) zoning, which implements the Pl General Plan Land Use designation. Furthermore, the proposed use does not result in any additional building coverage and does not 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ MCUP 08-15-JC DELI August 20, 2009 Page 2 0 0 impact other surrounding uses. The proposed site design includes a new 630 square foot outdoor dining area which does not impede pedestrian circulation. 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 arid 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 existing 542 square foot delicatessen and the proposed 630 square foot outdoor eating area comply with the applicable development standards of the P-M zone and the Carlsbad Municipal Code in .. that the total floor area (1,172 square feet) of the delicatessen and the proposed outdoor eating area is less than the 1,600 square foot maximum permitted by the Carlsbad Municipal Code Section 21.04.106 and there is a parking surplus of 39 spaces on the project site (158 total spaces), which is more than adequate to accommodate this and other existing uses (which require a total of 119 spaces) within the Palomar Business Center. 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 542 square foot deli and the proposed 630 square foot outdoor dining area will not generate significant additional traffic. 5. That the Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301 (Existing Facilities) and 15303 (Construction of a small structure) of the state CEQA Guidelines. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 6. The Planning Director has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused ·by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: 1. Approval is granted for MCUP 08-15 as shown on Exhibits A-B dated January 26, 2009 on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. 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 MCUP 08-15-JC DELI August 20, 2009 0 0 Page 3 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 Permit. 3. Staff is authorized and • directed to make, or require the Developer to make, all corrections and modifications to the MCUP 08-15 documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval shall require an._ amendment to this approval. 4. 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. 5. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 6. 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. 7. MCUP 08-15 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 exercised contrary to any of the terms or conditions of approval; .or 5) the use Jor which such approval was granted has ceased to exist or has been suspended fpr ~me,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. 8. This Conditional Use Permit is granted without an expiration date. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. MCUP 08-15 -JC DELI August 20, 2009 Page 4 0 0 9. This project shall comply with Condition Nos. 4, 7, 8, and 12 of the previously approved Conditional Use Permit (CUP 05-08) and Condition Nos. 9, 11, and 14 which no longer apply. 10. To ensure that the deli's compatibility with the surrounding uses will continue, the outdoor seating area must provide adequate clearance for pedestrian traffic and must not encroach into the public right-of-way or reduce existing landscaping. 11. Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the qffice 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(n) Minor Conditional Use Permit on the property. 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 Developer or successor in interest. 12. Developer shall submit to Planning Director a reproducible 24" x 36," mylar of the Site Plan accurately reflecting the dimensions of the existing 542 square foot delicatessen and the new 630 square foot outdoor dining area. The Site Plan shall clearly indicate that the outdoor dining area provides adequate clearance for pedestrian traffic and does not encroach into the public right-of-way or reduce existing landscaping. Code Reminders: 13. 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. 14. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter • collectively r~ferred 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 3.32.030. 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 MCUP 08-15 -JC DELI August 20, 2009 Page 5 0 0 project; NOR DOES IT APPLY to any fees/exactiqns of which you have previously been given 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 $613.00. 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 C_hris Sexton at (760) 602-4624. t:n~ GARY T. BARBERIO Assistant Planning Director GTB:CS:lt c: Michele Masterson Christer Westman Chris DeCerbo Mike Peterson Glen Van· Peski Jeremy Riddle File Copy Data Entry