HomeMy WebLinkAboutAD 02-02; RUBIO'S RESTAURANT; Admin Decision LetterDecember 9, 2002
Marcus Fischer
Ste 300
1902 Wright Pl
Carlsbad CA 92008
City of Carlsbad
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SUBJECT: AD 02-02-RUBIO'S RESTAURANT
The Planning Director has completed a review of your application for an Incidental
Outdoor Dining Area Permit at 5620 Paseo Del Norte. After careful consideration of the
circumstances surrounding this request, the Planning Director has determined that the
findings required for granting an Incidental Outdoor Dining Area permit CAN be made
and therefore, APPROVES this request based on the following findings and conditions.
Findings:
1. That the project does not encroach into the public right-of-way, interfere with
vehicle or pedestrian circulation, or eliminate any existing parking spaces.
2. That the project does not remove or reduce existing landscaping (unless
equivalent additional landscaping is provided elsewhere to the satisfaction of the
Planning Director).
3. That the project does not present a traffic hazard and is not located in an area
deemed incompatible with outdoor dining, in the opinion of the City Engineer,
because of the speed volume or nearness of vehicular traffic.
4. 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.
Conditions:
1. If any of the foregoing conditions fail to occur, or if they are, by their terms to be
implemented and maintained over time, if any 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
1635 Faraday Avenue ,Carlsbad, CA 92008-7314 '11(760) 602-4600 ,FAX (760) 602-8559 ,www.ci.carlsbad.ca.us <!)
AD 02-02 RUBIO'S RE& . AURANTS
December 9, 2002
Page2
issuance of all future building permits, deny, revoke, or further condition all
certificates of occupancy issued under the authority of approvals herein granted,
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
successor in interest by the City's approval of this Administrative Incidental
Outdoor Dining Area Permit.
2. The Planning Director does hereby APPROVE the INCIDENTAL OUTDOOR
DINING AREA PERMIT for the project entitled "RUBIO'S RESTAURANTS,"
Exhibit A, dated October 21, 2002 on file in the Planning Department and
incorporated by this reference), subject to the conditions herein set forth.
Development shall occur substantially as shown on the approved Exhibits. Any
proposed development substantially different from this approval, shall require an
amendment to this approval.
3. The Developer shall comply with all applicable provisions of federal, state, and
local laws and regulations in effect at the time of building permit issuance.
4. The outdoor dining area must comply with the following development standards
a. All applicable requirements of the State of California Disabled Access
Regulations
b. All applicable requirements of the alcoholic beverage commission, if
alcoholic beverages are served in the outdoor area.
5. The furniture and architecture of the outdoor dining area shall be consistent with
the existing commercial center in terms of color and design and shall be properly
maintained.
6. This approval shall become null and void if building permits are not issued for this
project within 18 months from the date of project approval.
7. 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 Incidental Outdoor Dining Area 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.
8. Staff is authorized and directed to make, or require the Developer to make, all
corrections and modifications to the Incidental Outdoor Dining Area Permit
AD 02-02 RUBIO'$ RE& . ,-\URANTS
December 9, 2002
Page3
documents, as necessary to make them internally consistent and in conformity
with the final action on the project.
This decision may be appealed by you or any member of the public to the Planning
Commission within ten days of receipt of this letter. Appeals must be submitted in
writing to the Planning Commission at 1635 Faraday Avenue in Carlsbad, along with a
payment of $440.00 plus noticing costs. 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 Chris Sexton at (760) 602-4624.
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c: Project Engineer
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