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Home My WebLink AboutCUP 213x2; Village Kitchen & Pie Shoppe; Conditional Use Permit (CUP)ftp. &*//</? X CITY OF CARLSBAD 1200 CARLSBAD^TLLAGE DRIVE CARLSBAD, (SKDFORNIA 92008 434-2867 \; - \: P ,REC'D FROM V Uv ACCOUNT NO. ' •'-'*,. A V ' i: >l-"U7k/l, f RECEIPT NO. ; " 3" DESCRIPTION r*f > ? ; '••:; '; ' "A r' V, *\'' v/ !v/' x C/-- '.r,^'-7 .-.-• ,-,.'A, :•-,-• NOT VALID UNLESS VALIDATED BY TOTAL AMOUNT ^ /;f. ::•'^ t. ^*/ j'"r. .:. ' • -.• ' - "..' it Sjf'i ,' >: i1 y :.••>,< I Printed on recycled paper.CASH REGISTER eWt SinThe Oty of CARLSBAD Planning DepartPfnt A REPORT TO THE PLANNING COMMISSION Conditional Use Permit Extension Item No. (3 P.C. AGENDA OF: August 7, 1996 SUBJECT: I. Application complete date: N/A Project Planner: Anne Hysong Project Engineer: N/A CUP 213x2- VILLAGE KITCHEN & PIE SHOPPE- Request for an extension of CUP213xl to allow the continued on-premise sale of alcoholic beverages at an existing restaurant located at 950 Tamarack Avenue in Local Facilities Management Zone 1. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 3970 APPROVING CUP 213x2 allowing a five year extension based upon the findings and subject to the conditions contained therein. II.INTRODUCTION This proposed five year extension of the subject conditional use permit will allow the continued on-premise sale of alcoholic beverages at the Village Kitchen & Pie Shoppe at 950 Tamarack Avenue. A five year extension would extend the conditional use permit through April 28, 2000. III.PROJECT DESCRIPTION AND BACKGROUND •{L, On April 28, 1985T the Planning Commission approved CUP 213 allowing the on-premise sale of alcoholic beverages at an existing restaurant located at the corner of Tamarack and Pio Pico in the C-l zone. CUP 213x1, approved on June 20, 1990, extended the permit for five years through April 28, 1995. Condition No. 2 of the approving CUP Resolution No. 3057 specifies that CUP 213x1 may be extended for a period not to exceed five years upon written application of the permittee (Forest Fisher). The applicant is requesting a 5 year extension of CUP 213x1 to allow the continued on-premise sale of alcoholic beverages at this site. IV. ANALYSIS A. The on-premise sale of alcoholic beverages at the Village Kitchen and Pie Shop continues to be consistent with all applicable plans, policies and regulations described below: 1. Carlsbad General Plan; and 2. Title 21 of the Carlsbad Municipal Code. B. The adopted project findings for CUP 213x1 which are contained in Planning Commission Resolutions No. 1942 and 3057 still apply to this project (CUP 213x2) KITCICUP 213x2 - VILLAGE KITCHEN & PIE SHOP AUGUST?, 1996 PAGE 2 B. The adopted project findings for CUP 213x1 which are contained in Planning Commission Resolutions No. 1942 and 3057 still apply to this project (CUP 213x2) Restaurants serving alcoholic beverages in the Neighborhood Commercial (C-l) zone require approval of a conditional use permit to ensure compatibility with surrounding residential uses. The Village Kitchen and Pie Shop restaurant is located within a freeway service facility which is separated from surrounding residential development by roadways and St. Patrick's School and Church. The family restaurant, which includes no separate bar facility, is compatible with surrounding uses and has no direct impact on residential use in the area. C. The adopted project conditions for CUP 213x1, which are contained in Planning Commission Resolution No. 3057 still apply to this project (CUP 213x2) with the exception of Condition No. 2 which is amended by Condition No. 2 in Planning Commission Resolution No. 3970 to extend CUP 213x2 for five years through April 28, 2000. D. No formal written complaints regarding CUP 213x1 have been submitted to the City. E. Annual reviews have been conducted for CUP 213x1 and the project is in compliance with all conditions of approval. F. The extended CUP should be exempted from environmental review per Section 15301, Class l,ofCEQA. V. ENVIRONMENTAL REVIEW The Planning Director has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301, Existing Facilities, of the State CEQA Guidelines and will not have any significant adverse impact on the environment. ATTACHMENTS; 1. Planning Commission Resolution No. 3970 2. Location Map 3. Disclosure Statement 3. Planning Commission Resolution No. 3057 dated June 20, 1990. 4. Planning Commission Resolution No. 1942 dated April 28, 1982 July 16,1996 AH:kc VILLAGE KITCHEN & PIE SHOPPE CUP 213x2 City of (Sarlsbad 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. F Pi<Jf\&ir p/*fiypt0/LflJr\ 2. Owner List the names and addresses of ail persons having any ownership interest in the property involved. 'L>) < In (vifr^ 92, b K S 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names i addresses of all individuals owning more than 10% of the shares in the corporation or owning any partners interest in the partnership. 4. If any person identified pursuant to 0) or (2) above is a non-profit organization or a trust, list the names a addresses of any person serving as officer or director of the non-profit organization or as trustee or benefic:, of the trust. (Over) Disclosure Statement Page 2 Have you had more than $250 worth of business transacted with any member of City staff, Scare Commissions, Committees and Council within the past twelve months? Yes No is If yes, please indicate person(s)_ Person is defined as: 'Any individual, firri, copartrwrihip, 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.) tX/x/J//M/J Jaignature of ' /date _/ Print or type name of owner hfap Signature of applicant/date Print or type name of applicant NOTICE OF MPTION To:County Clerk County of San Diego Attn: Mail Drop C-11 220 W Broadway San Diego CA 92101 LF " 0 IL ~ i FrdSi: CITY OF CARLSBAD Gregory J Smith, Recorder/County Clerk _, .TVPlanning Department 2075 Las Palmas Dri Carlsbad CA 9; DEPUTY-^ (619)438-116 AUG 1 6 Subject: Filing of this Notice of Exemption is in compliance with Section 21152 Resources Code (California Environmental Qualij^Act). Project Title; CUP 213x2 - Village Kitchen and Pie Shoppe Project Location - Specific: 950 Tamarack Ave., Carlsbad Project Location - City; Carisbad Project Location - County: San Diego Description of Project: Extension of conditional use permit to allow the continued on premise sale of alcoholic beverages at an existing restaurant. Name of Public Agency Approving Project: City of Carlsbad Name of Person or Agency Carrying Out Project; Forest Fisher Exempt Status: (Check One) fj Ministerial (Section 21080(b)(l); 15268); Q Declared Emergency (Section 21080(b)(3); 15269(a)); fj Emergency Project (Section 21080(b)(4); 15269 (b)(c)); [XI Categorical Exemption - State type and section number: 15301, Class 1 | | Statutory Exemptions - State code number: Reasons why project is exempt: Existing facility with no change in use. Lead Agency Contact Person; Anne Hysong Telephone: (619)438-1161, ext. 4477 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? MICHAEL J. HOLZMIDLER, Planning Director E><] Signed by Lead Agency | | Signed by Applicant Date PILED IS THE OFFICE OF THE OOUFTY I DIBGO COTJWTY OH AllG i 6 1996 I'rUJaB'lD TO AGBMTCY i DSPtXTY Revised Oc ober 1989 City of Carlsbad Planning Department 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, Carlsbad, California, at 6:00 p.m. on Wednesday, August 7, 1996, to consider a request for an extension of CUP 213x1 to allow the continued on premise sale of alcoholic beverages at an existing restaurant on property generally located at 950 Tamarack Avenue in Local Facilities Management Zone 1 and more particularly described as: Lot 2 of Parcel Map 207, Map 6222. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after July 31, 1996. If you have any questions, please call Anne Hysong in the Planning Department at (619) 438-1161, extension 4477. 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 public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE: CUP 213x2 CASE NAME: VILLAGE KITCHEN & PIE SHOPPE PUBLISH:JULY 26, 1996 CITY OF CARLSBAD PLANNING DEPARTMENT 2O75 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (619) 438-1161 • FAX (619) 438-0894 VILLAGE KITCHEN & PIE SHOPPE CUP 213x2 PROOF OF PUBLldMoN (2010& 2011 C.C.P.) STATE OF CALIFORNIA 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 the principal clerk of the printer of North County Times formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudged newspapers of general circulation by the Superior Court of the County of San Diego, State of California, under the dates of June 30, 1989 (Blade-Citizen) and June 21, 1974 (Times- Advocate) case number 171349 (Blade-Citizen) and case number 172171 (The Times-Advocate) for the cities of Escondido, Oceanside, Carlsbad, Solana Beach and the North County Judicial District; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: JUly 26, 1996 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at California, this of 26th _day July,- / Signature NORTH COUNTY TIMES Legal Advertising This space is the County Clerk's Filing Stamp Proof of Publication of Public Notice NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission ofthe City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at6:00 p.m. on Wednesday, August 7, 1996, to consider a request Ifor an extension of CUP 213x1 to allow the continued on-| premise sale of alcoholic beverages at an existing restaurant onproperty generally located at 950 Tamarack Avenue in Local Fa- cilities Management Zone 1, and more particularly described as:Lot 2 of Parcel Map 207, Map 6222. Those persons wishing to speak on this proposal are cordiallyinvited to attend the public hearing. Copies of the staff report willbe available on and after July 31, 1996. If you have any ques- tions, please call Anne Hysong in the Planning Department at(619) 438-1161, ext. 4477. 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 public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at orprior to the public hearing.CASE FILE: CUP 213x2 CASE NAME: VILLAGE KITCHEN & PIE SHOPPE CITY OF CARLSBAD PLANNING DEPARTMENT VILLAGE KITCHEN & PIE SHOPPE CUP 213x2 I Legal 47524 July 26, 1996 of Carlsbad Planning Department June 26, 1996 Mr. Fisher Village Kitchen & Pie 950 Tamarack Ave. Carlsbad CA 92008 SUBJECT: CUP 213x2 - VILLAGE KITCHEN & PIE Your application has been tentatively scheduled for a hearing by the Planning Commission on August 7, 1996. However, for this to occur, you must submit the additional items listed below. If the required items are not received by July 1 6, 1996, your project will be rescheduled for a later hearing. In the event the scheduled hearing date is the last available date for the City to comply with the Permit Streamlining Act, and the required items listed below have not been submitted, the project will be scheduled for denial. 1. Please submit the following plans: A) Disclosure statement (attached) signed by owners. 2. As required by Section 65091 of the California Government Code, please submit the following information needed for noticing and sign the enclosed form: A) Owners List - a typewritten list of names and addresses of all property owners within a 600 foot radius of the subject property, including the applicant and/or owner. The list shall include the San Diego County Assessor's parcel number from the latest equalized assessment rolls. B) Mailing Labels - two (2) separate sets of mailing labels of the property owners within a 600 foot radius of the subject property. The list must be typed in all CAPITAL LETTERS, left justified and void of all punctuation. For any address other than a single family residence, an apartment or suite number must be included but the Apt. #, Suite # and/or Bldg # must NOT appear in the street address line. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. DO NOT provide addressed envelopes - PROVIDE LABELS ONLY. Acceptable fonts are : Swiss 721, Enterprise TM, Courier New (TT) no larger than 11 pt. Sample labels are as follows: 2O75 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 • (619) 438-1161 • FAX (619) 438-O894 CUP 213x2-VILLAGE JUNE 26, 1996 PAGE 2 HEN & PIE SHOP UNACCEPTABLE UNACCEPTABLE ACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt #3 Carlsbad, CA 92008 C) D) Sincerely, Mrs. Jane Smith 123 Magnolia Ave. Apt. #3 Carlsbad, CA 92008 MRS JANE SMITH APT 3 123 MAGNOLIA AVE CARLSBAD CA 92008 Radius Map - a map to scale, not less than 1" = 200', showing all lots entirely and partially within 600 feet of the exterior boundaries of the subject property. Each of these lots should be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. Fee - a fee (check payable to the City of Carlsbad of cash only) shall be paid for covering the cost of mailing notices. Such fee shall equal the current postage rate times the total number of labels. ANNE HYSOf Associate Planner AH'kc Attachment I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. APPLICATION NAME AND NUMBER APPLICANT OR APPLICANT'S REPRESENTATIVE BY: DATE: RECEIVED BY DATE: City of Carlsbad Planning Department PLANNING COMMISSION NOTICE OF DECISION August 19, 1996 Forest Fisher Village Kitchen and Pie Shoppe 950 Tamarack Ave Carlsbad CA 92008 SUBJECT: VILLAGE KITCHEN & PIE SHOPPE - CUP 213x2 At the Planning Commission meeting of August 7, 1996, your application was considered. The Commission voted 7-0 to APPROVE AS AMENDED 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 (6 1 9) 43 8- 1 1 6 1 . Sincerely, MICHAEL J. HOLZMILLER Planning Director MJH:AH:kr Enclosed: Planning Commission Resolution No. 3970 c: Annette Bradley 1031 Deerhaven Vista CA 92083 Gordon & Hope Clausen PO Box 1147 Vista CA 92085 2O75 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (619) 438-1161 • FAX (619) 438-O894 •^^ -^ City of Carlsbad- ^ __—_—^__I^__>^^^HJ|B>H>BB^^^_^^^^^B^H^^^B|^^^^^^^^HBB Planning Department NOTICE OF EXPIRATION May 30, 2000 Forest Fisher c/o Chevron P 0 Box 285 Houston TX 77001 SUBJECT:CUP 213x2 - VILLAGE KITCHEN & PIE SHOPPE In a recent audit of our records, we found that cup 213x2 - Village Kitchen & Pie Shoppe, located at 950 Tamarack, will expired on April 28, 2000. Should you, the property owner, require an extension of this permit, please send the following: S Written request for an extension; S Completed Disclosure Statement (enclosed); and / A check in the amount of $540. Send the required documents and warrants to: Chris Sexton City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad CA 92008 Your request for an extension must be received as soon as possible. If you do not request an extension by this date, the permit will be considered invalid and to continue operating, you will be required to submit an application for a new permit, along with a check in the amount of $2,680. Should you have any questions, please contact your staff planner, Anne Hysong, in the Planning Department at (760) 602-4622. Sincerely, CkAJLA CHRIS SEXTON File Copy Staff Planner 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559