HomeMy WebLinkAboutMCUP 09-09; LA PLACE DELI; Admin Decision LetterDecember 24, 2009
Mun Chol Kim
La Place Deli
• City
5950 La Place Court, Suite 150
Carlsbad, CA 92008
• FILE COPY 4
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of Carlsbad
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SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 09-09 -LA PLACE DELI
Request to allow the continued operation of a 900 square foot delicatessen located at 5950 La
Place Ct., Suite 150, in the C-M Zone and Local Facilities Management Zone 5.
Dear Mun Chol Kim,
The Planning Director has completed a review of your application for a Minor Conditional Use
Permit MCUP 09-09 for a 900 square foot delicatessen and five associated parking spaces at
5950 La Place Ct., Suite 150, located within the Carlsbad Research 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
December 17, 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 900 square foot delicatessen provides a convenient food-service
use (delicatessen) in close proximity to employees of surrounding industrial and
office businesses 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 exi~ting uses or to uses _specifically
permitted in the zone in which the proposed use is to be located in that a delicatessen
use is allowed lly the property's Heavy Commercial-Limited Industrial (C-M)
zoning, and conditionally permitted pursuant to Specific Plan 181 (E) which
implement the Pl General Plan Land Use designation. Furthermore, the existing
use does not result in any additional building coverage and does not impact 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.
1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @
• MCUP 09-09 -LA PLACE DELI
December 24, 2009
Page 2
landscaping and other development features pres·cribed 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 900 square foot delicatessen•. complies with the -applicable
development standards of the C-M zone, SP 181 (E) and the Carlsbad Municipal
Code in that the total floor area of the delicatessen is less than the 1,600 square
foot maximum permitted by the Carlsbad Municipal Code Section 21:04.106 and
there are 5 parking spaces assigned and marked for exclusive use of La Place Deli
patrons. ·:
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 af
acceptable levels of service. and the continued operation of the. existing 900
square foot deli 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)
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, ano 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 09-09 as shown on Exhibits "A"-"C" dated December
24, 2009 on file in the Planning Department and incorporated herein by reference.
Dev~lopment 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
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, 9r require the Developer to make, all
corrections and modifications to the MCUP 09-09 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.
I' ~CUP 09-09 -LA PLAC.LI
December 24, 2009
Page 3 •
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 09-09 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; 0r 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 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.
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.
9. All conditions of approval imposed upon Conditional Use Permit CUP 88-19(A) as stated
in Planning Commission Resolution No. 3370 shall apply as conditions of approval for
MCUP 09-09 and are incorporated by this reference, except Condition No. 2 which is no
longer applicable, a;1d Condition No. 3 which is superseded by Condition No. 8.
10. 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 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(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
• • MCUP 09-09 -LA PLACE DELI
December 24, 2009
Page4
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.
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.
NOTICE
Please take NOTICE that approval of your project includes the "impositi~m" 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 3.32.030. 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
project; NOR DOES IT APPLY to any fees/exactions 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 Gina Ruiz at (760) '602-4675.
6]: tt~
CHRIS DeCERBO
Principal Planner
CD:GR:sm
c: BO1 Carlsbad Inc., Attn: Kim Stevens 5963 La Place Court, Suite 206, Carlsbad, CA 92008
Christer Westman, Senior Planner
. Chris DeCerbo, Team Leader
Mike Peterson
Glen Van Peski
Clyde Wickham
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