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Home My WebLink AboutCUP 213x1; Buffy's Family Restaurant; Conditional Use Permit (CUP)STAFF REPORT DATE: JUNE 20, 1990 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: CUP 213x1 BUFFY'S RESTAURANT - Request for an 8 year extension of a Conditional Use Permit allowing the on-premise sale of beer and wine at the existing Buffy's Restaurant located on the northeast corner of Pio Pico and Tamarack Avenue in the C-l Zone. L RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 3057 approving an 8 year extension of CUP 213 based on the findings and subject to the conditions contained therein. H. PROJECT DESCRIPTION AND BACKGROUND On April 28, 1982, the Planning Commission approved a Conditional Use Permit allowing the on premise sale of beer and wine at the existing Buffy's Restaurant. The permit allowed beer and wine to be served from the existing counter and as part of the restaurant service; no interior alteration to create a lounge or bar within the existing restaurant was approved. The Conditional Use Permit was conditioned to expire in five years unless an extension was requested and approved by the Planning Commission. Over the past few months, the Planning Department has created a monitoring program to track projects conditioned with expiration dates. This program has identified a number of expired conditional use permits. In order to allow the extension of those conditional uses still in operation or existence, the Planning Department has given property owners 60 days to request extensions of their conditional use permits. After notification by staff, the applicant, on April 9, 1990, submitted a request for extension of the Conditional Use Permit (three years after the Conditional Use Permit expired). ANALYSIS Buffy's Restaurant has continued to operate as conditioned for the past eight years. The Carlsbad Police Department has indicated that no significant problems can be attributed to the on-premise sale of beer and wine. The 2,925 square foot restaurant continues to operate solely as a restaurant. A large, onsite parking lot continues to provide the necessary parking and circulation system to adequately serve traffic generated by the use. CUP 213x1 BUFFY'S RESRURANT JUNE 20, 1990 PAGE 2 Condition No. 5 of Resolution 1942 approving CUP 213 states that the Planning Commission may grant extensions not to exceed 5 years. To extend CUP 213 for five additional years, it is necessary to grant extensions totaling 8 years. The first 3 year extension is retroactive from April 28, 1987 through April 28, 1990. The second 5 year extension will allow the subject use to continue through April 28, 1995. Although CUP 213 has expired, the on-premise sale of beer and wine at the existing restaurant is still a desirable and compatible use at the approved location, therefore, staff is recommending that the Planning commission accept the existing Conditional Use Permit as valid and extend CUP 213 for 8 years. This 8 year period includes the past 3 years as well as 5 additional years through April 28, 1995. IV. ENVIRONMENTAL REVIEW The Planning Director has determined that environmental impacts have already been considered in the original issuance of a Notice of Exemption and therefore a Notice of Prior Environmental Compliance was issued on May 17, 1990. ATTACHMENTS 1. Planning Commission Resolution No. 3057 2. Location Map 3. Disclosure Statement 4. Notice of Prior Environmental Compliance dated May 17, 1990 4. Staff Report for CUP 213 dated April 28, 1982 5. Planning Commission Resolution No. 1942 6. Letter dated March 29, 1990 AH:lh May 7, 1990 ST. PATRICKS CHURCH SERVICE STATION TAMARACK AVE. V) V) H City of Carlsbad BUFFY'S CUP 213x1 itv of Qfarlsbad DISCLOSURE STATEMENT APPUCANTS STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL, OR ANY APPOINTED BOARD, COMMISSION OR COMMITTEE. (Please Print) The following information must be disclosed: 1. Applicant List the names and addresses of all persons having a financial interest in the application. ..-.._ vtn «muaUH WATMEWPOHTBEACH,CA02660U.S.A. 2. Owner List the names and addresses of all persons having any ownership interest in the property involved. 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names an addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnersh; interest in the partnership. 4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names an addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiar of the trust. (Over) Disclosure Statement Page 2 5. Have you had more than $250 worth of business transacted with any member of City staff, Bear: Commissions, Committees and Council within the past twelve months? Yes No p<^ If yes, please indicate person(s) Person is defined as: 'Any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city municipality, district or other political subdivision, or any other group or combination acting as a unit.' (NOTE: Attach additional pages as necessary.) Signature of Owner/date Signature of applicant/date 577 A Print or type name of owner Print or type name of aplicantof appli City of Carlsbad Planning Department PUBLIC NOTICE OF PRIOR ENVIRONMENTAL COMPLIANCE Please Take Notice: The Planning Department has determined that the environmental effects of the project described below have already been considered in conjunction with previously certified environmental documents and, therefore, no additional environmental review will be required and a notice of determination will be filed. Project Title: Buff/s Restaurant on premise sale of beer and wine Project Location: Northeast corner of Pio Pico and Tamarack Avenue Project Description: Conditional Use Permit Extension allowing on premise sale of beer and wine. Justification for this determination is on file in the Planning Department, Community Development, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within ten (10) days of date of publication. Dated: May 17, 1990 Case No.: CUP 213x1 Applicant: Forest Fisher Publish Date: May 17, 1990 AH:rvo MICHAEL Planning Director :>e*-YE^lUXk J. H^LZMfLLER 2O75 Las Palmas Drive • Carlsbad, California 92OO9-4859 • (619) 438-1161 Carlsbad Journal Decreed A Legal Newspaper by the Superior Court of San Diego County Mail all correspondence regarding public notice advertising to North Coast Publishers, Inc. corporate offices: P.O. Box 878, Encinitas, CA 92024 (619) 753-6543 Proof of Publication STATE OF CALIFORNIA, ss COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to,- and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: PUBLIC NOTICE OF PRIOR ENVIRONMENTAL COMPLIANCE PLEASE TAKE NOTICE:The Planning Department has de- termined that the environmental effects of the project described be- low have already been considered in conjunction with previously certified environmental docu- ments and, therefore, no additional environmental review will be re-quired and a notice of determina-tion will be filed.Project Title: Buffy's Restaurant on premise sale of beer and wine. Project Location: Northeast cor- ner of Pio Pico and Tamarack Avenue. Project Description: Conditional Use Permit Extension allowing on premise sale of beer and wine.Justification for this determina-tion is on file in the Planning De- partment, Community Develop- ment, 2075 Las Palmas Drive, Carls- bad, California 92009. Comments from the public are invited. Please submit comments in writing to'thePlanning Department within ten (10) days of date of publication. Dated: May 17,1990 Case No: CUP 213x1 Applicant: Forest Fisher MICHAEL J. HOLZMILLER Planning Director CJ 5162: May 17,1990 MAY 17 19 90 19. 19 19 19. I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on the 17th day of MAY. 1990 #202-2M-12/87 Clerk of the Printer FOREST F. R. FiSf•!'"• U.S.A. u- CITY OF CARLSBAD 1200 ELM-.../ENUE CARLSBAD, CALIFOKNIA 92008 438-5621 EC'D FROM. ACCOUNT NO. Y)/- ,S7^ -^006- PJ/^ IECEIPTNO. 97203 DESCRIPTION PUP a/3 ftjjj,,^^/ ^(6?2 04/0?/9( TOTAL/ AMOUNT 3 IS oo <)00i 01 02 C-PRMT 3*75.00 J75 M NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a hearing at the Council Chambers, 1200 Carlsbad Village Drive (formerly Elm Avenue), Carlsbad, California, at 6:00 p.m. on Wednesday, June 20, 1990, to consider approval of a request for an 8 year extension of a Conditional Use Permit allowing the on-premise sale of beer and wine at the existing Buffy's Restaurant on property generally located on the northeast corner of Pio Pico and Tamarack Avenue in the C-l Zone. Those persons wishing to speak on this proposal are cordially invited to attend the hearing. If you have any questions, please call the Planning Department at 438-1161. If you challenge the Conditional Use Permit Extension in court, you may be limited to raising only those issues you or someone else raised at the hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the hearing. CASE FILE: APPLICANT: PUBLISH: CUP 213x1 BUFFY'S RESTAURANT JUNE 7, 1990 CITY OF CARLSBAD PLANNING COMMISSION TAMARACK AVE City tf Ciristii BUFFY'S CUP 213x1 Carlsbad Journal Decreed A Legal Newspaper by the Superior Court of San Diego County Mail all correspondence regarding public notice advertising to North Coast Publishers, Inc. corporate offices: P.O. Box 878, Encinitas, CA 92024 (619) 753-6543 Proof of Publication « STATE OF CALIFORNIA, ss COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive (formerly Elm Avenue), Carlsbad, California, at 6:00 p.m. on Wednes- day, June 20, 1990, to consider approval of a request for an 8 year extension of a Conditional Use Per- mit allowing the on-premise sale of beer and wine at the existing Buf- fy's Restaurant on property gener- ally located on the northeast cornerof Pio Pico and Tamarack Avenue in the C-l Zone. Those persons wishing to speak on this proposal are cordially invit- ed to attend the public hearing, if you have any questions, please call the Planning Department at 438- 1161. If you challenge the Conditional Use Permit Extension in court, youmay be limited to raising only those issues you or someone else raisedat the public hearing described inthis notice or in written correspon- dence delivered to the City of Carls- bad at or prior to the public hear- ing. Case File: CUP 213x1 l! Applicant: Buffy's Restaurant CITY OF CARLSBAD PLANNING COMMISSION JUNE..7 19.?0 19 II dooin'oA dn )|Oid tf 19 19 19 I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on THE 7TH day of / x JUNE. 1990 A V Clerk of the Printer Notice of Determiffiftion To: _ Office of Planning and Research From: City of Carlsbad 1400 Tenth Street, Room 121 Planning Department Sacramento, CA 95814 2075 Las Palmas Dr. Carlsba4 CA 92009 County Clerk . C>? (619) .^ -.,-- . County of San Diego . If "<*<* & ?um»»it CM Attn: Mail Drop C-ll JUBt 2 9 J99Q 220 West Broadway „ T%'MJ>^*. / San Diego, CA 92101 ^p Project No.: CUP 213x1 {J Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. CUP 213x1 BuffVs Restaurant Project Title City of Carlsbad. Anne Hvsong C6191438-1161 ext. 4328 State Clearinghouse Number Lead Agency Area Code/Telephone/Extension (If submitted to Clearinghouse) Contact Person 950 Tamarack Avenue. Carlsbd. San Diego County Project Location (include county) Project Description: Extension of a conditional use permit allowing the on premise sale of beer and wine at an existing restaurant. This is to advise that the City of Carlsbad has approved the above described project on June 20, 1990 and has made the following determinations regarding the above described project. 1. The project will not have a significant effect on the environment. 2. A Notice of Prior Compliance was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures were not made a condition of the approval of the project. 4. A statement of Overriding Considerations was not adopted for this project 5. Findings were not made pursuant to the revisions of CEQA. This is to certify that the final EIR with comments and responses and record of project approval is available to the General Public at THE CITY OF CARLSBAD. ^^- — — . PLANNING DIRECTOR MICHAEL J. Hdt&MILlEB Date received for filing at Date TITLE PILED IH THE OFFICE OF THE GOUHTY CLERK, SAN DIEQO COUNTY OH JUN 2 9 1998 29 1§90 REMOW.n JUL kd October 1989I * I S jt i S~ ' DEPUTY RETURNED TO AOEWCY ON 7/6/ City of Carlsbad Planning Department June 5, 1990 Mr. Forest Fisher 1417 Antiqua Way Newport Beach, CA 92660 SUBJECT: CUP 213 X 1 BUFFY'S RESTAURANT Preliminary Staff Report The preliminary staff report for the above referenced project will be available for you to pick up on Friday, June 8, 1990, after 8 a.m. This preliminary report will be discussed by staff at the Development Coordinating Committee (D.C.C.) meeting which will be held on Monday, June 11,1990. A twenty (20) minute appointment has been set aside for you at 10:00 a.m. If you have any questions concerning your project, you should attend the D.C.C. meeting. ft is necessary that you bring your required unmounted colored exhibits) with you to this meeting in order for your project to go forward to the Planning Commission, tf you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) here by the scheduled time above./ If you need additional information concerning this matter, please contact the Planning Department at 438-1161. CITY CARLSBAD GARY/E. WAYNE Assistant Planning Director AH:GEW\lh 2O75 Las Palmas Drive • Carlsbad, California 92OO9-4859 (619) 438-1161 City of Carlsbad Planning Department PLANNING COMMISSION NOTICE OF DECISION July 8, 1990 FOREST F. R. FISHER 1417 Antigua Way Newport Beach, CA 92660 RE: BUFFTS RESTAURANT - CUP 213x1 At the Planning Commission meeting of June 20, 1990, your application was considered. The Commission voted 6-0 to APPROVE your request. Some decisions are final at Planning Commission, and others automatically go forward to City Council. If you have any questions regarding the final dispositions of your application, please call the Planning Department at 438-1161. MICHAEL J. HOtMILLER Planning Director MJH:kd 2O75 Las Palmas Drive • Carlsbad, California 92OO9-4859 • (619) 438-1161 PROJECT REVIEW On May 28. 1991 . CUP 213x1 BuffVs Restaurant , was reviewed (date) (project number) (project name) for compliance with the conditions contained therein. The project was found to be in compliance with all the conditions of Resolution No. 3057 and no further action was taken. COMMENTS: No Comments Signed Van Lynch c: Erin Letsch Planning Technician File Copy VL:vd Project.Doc Rev. 5/91 City of Carlsbad NOTICE OF EXPIRATION Planning Department April 2, 199.6 Forest Fisher 1417 Antiqua Way Newport Beach CA 92660 , nn SUBJECT: CUP 313x1 - BUFEYja-RESTAUflANT In a. recent audit of our records, we found that CUP No. 213x1 expired on April 28, 1995. Should you, the property owner, require an extension of this permit, please send the following; . / Current business name (site of permit); / Current business (site of permit) owner's name and phone number; / Written request for an extension (please sign and print your name); / Your mailing address (if different from above); / Your phone number where we can reach you during business hours; and / A check in the amount of $400 ($55 for non-profit organizations). Send the required documents and check to: Attn; Brandi King City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad CA 92009 We are in the process of establishing new procedures for handling CUP extensions and therefore will be granting additional time for the processing of your request. Your request for an extension must be received before May 2, 1996, to allow adequate time to process your application and schedule a hearing before the Planning Commission. If you do not request an extension by this date, the permit will be considered invalid and to continue operating, you will have to submit an application for a new permit, along with a check for $2,500 ($120 for non-profit organizations). If you have any questions, please contact your staff planner, Anne Hysong, in the Planning Department at (619) 438-1161, extension 4477. Sincerely, BRAND/ KING FA^~ £>^^ ,.., .Ji J^H^JL Senior Office Specialist c: Anne Hysong File Copy Buffy's Restaurant " 2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (619) 438-1161 - FAX (619) 438-O894 Z0~<d 9098 St>S t> T J. Sd3HSIJ