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Home My WebLink AboutAD 02-01; Pick Up Stix; Administrative Permits (ADMIN) (6)City of Carlsbad Planning Department March 12, 2003 Joanne Tang 1021 CalleRecado San Clemente, CA 92672 SUBJECT: AD 02-01 - PICK UP STIX The Planning Director has completed a review of your application for an Incidental Outdoor Dining Area Permit at 7750 Rancho Santa Fe Road. 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. Additional landscape is provided to screen the outdoor dining area from the public roadway (Rancho Santa Fe Road). 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 following 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 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us AD 02-01 - PICK UP SlW March 12, 2003 Page 2 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, 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 "PICK UP STIX," AD 02-01 Exhibit A, dated March 12, 2003 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. The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. 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. AD 02-01 - PICK UP sCc W March 12, 2003 Page 3 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 documents, as necessary to make them internally consistent and in conformity with the final action on the project. 9. 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. 10. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. 11. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 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. CITY OF CARLSBAD ' £^f DON NEU Assistant Planning Director DN:CS:mh c: Kathy Farmer Data Entry File Copy %••' October 31,2002 Case No. AD 02-01 Case Name: Pick up Stix Outdoor Dining Area I am a resident of Greystone on the Park responding to the notice sent to me regarding a permit request by Pick up Stix for an outdoor dining area. I am opposed to this request for the following reasons: The houses in the Greystone community are in a lower valley like area compared to the center that looms above us. This creates quite an acoustical effect. I can actually hear conversations, word for word, from people walking on La Costa Avenue above me as if there were in my yard. I believe the added noise of outdoor dining and conversation would be an additional nuisance for the neighborhood and respectively request that you deny the permit. My backyard faces the stand-alone building and feel that the noise would impact my quality of enjoying my home. I would also like to bring up the point that it appears that there are 2 floodlights and 1 outdoor light mounted on the rear of the building. I am concerned that once these are turned on, they will be shining like beacons into my bedroom windows and backyard. Adjustments were made to the parking lot lights that shone too brightly into our community and I would like this building lighting addressed as well. Sincerely, LJfflJfolfflj Chris Swiderski 7729 Corte Marin Carlsbad, CA 92009 760-944-2852