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Home My WebLink AboutCUP 215A; Van Voorhis/Shorter; Conditional Use Permit (CUP)STAFF REPORT DATE: October 21, 1991 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: CUP 215AX1 - VAN VOORHIS/SHORTER - Request for an extension of CUP 215A allowing the continued operation of a delicatessen in suite B at 2151 Las Palmas Drive in the PM zone, in Local Facilities Zone 5. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commision Resolution APPROVING a five year extension of CUP 215A based on the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND On June 23, 1982, the Planning Commission approved a Conditional Use Permit allowing a delicatessen to operate at 2151 Las Palmas Drive in the Planned Industrial (PM) zone. On October 1,1986 the Planning Commission approved an amendment of the permit to allow a transfer of ownership of the Conditional Use Permit. This amendment also acted as an extension of the original CUP. III. ANALYSIS Planning Issues Can the findings required for a Conditional Use Permit still be made? Namely, 1. Is the proposed use necessary and desireable for the development of the community, essentially in harmony with the various elements and objectives of the General Plan, and not detrimental to the existing uses specifically permitted in the area? 2. Is the site adequate in size and shape to accommodate the use? 3. Can all yards, fences, landscaping and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood be provided and maintained? 4. That the street system serving the proposed use continues to be adequate to properly handle all traffic generated by the proposed use? DISCUSSION The delicatessen is a desirable use for the developemnet of the surrouding industrial area. The zoning ordinance allows, in the PM zone by CUP, retail uses limited to the sale of goods and services required for the convenience of the occupants of this zone. The deli still meets this requirement by providing a needed food service to the employees of the industrial zone. The portion of the industrial building space used for the deli is adequate in size and shape and has proven to accommodate the existing use. The deli has not had an effect on the physical aspects of the site since all activities have occured within the existing building. The existing street and driveway system has proven to be adequate to handle the traffic generated by the delicatessen. SUMMARY Since the findings can still be made for the operation of the delicatessen, staff recommends that the CUP be extended for a period of five years. ENVIRONMENTAL The Planning Director has determined that the environmental inpacts of this project have already been considered in the issuance of a Negative Declaration dated June 27, 1982, and the extension of the Conditional Use Permit allowing the continuation of an existing use in an existing facility is categorically exempt according to CEQA, Section 15301. ATTACHMENTS 1. Planning Commission Resolution No. 2. Location Map 3. Disclosure Statement 4. Planning Commission Resolution No.2611 5. Planning Commission Resolution No.1981 6. Staff Report for CUP 215, Dated June 23, 1982 SUUNTO SUUNTO, INC. 2151-F Las Palmas Drive P.O. Box 1397 Carlsbad, California 92009 USA 619/438-1101 Telex: 188935 SQEST Fax: 619/438-3142 September 23, 1991 Erin K. Letsch Senior Management Analyst CITY OF CARLSBAD Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009 RE: CUP NO. 215 (A) Dear Mr. Letsch: Further to your notice of expiration on September 5, 1991, we are kindly requesting renewal of the above Conditional Use Permit. Attached please find our check in the amount of $375.00 Yours sincerely, SUUNTO INC. Matthew R. Chavez Controller MRC:ls Enclosure CITY OF CARLSBAD 1200 CARLSBAWlLLAGE DRIVE CARLSBAD, 438-5621 ORNIA 92008 REC'D FROM.DATE. ACCOUNT NO. i: '-:.../' ' _.-jt.._ RECEIPT NO. 8301 DESCRIPTION -' '' -•' • .,-, 'v i f ' / ' ?m 09/23/91 • ' •? ^ TOTAL AMOUNT i - ; 1-/ :> i ,; 0001 01 05 Mi^r ITS- 00 City of Carlsbad Planning Department NOTICE OF EXPIRATION September 5, 1991 Property Owner 2151 Las Palmas Drive Carlsbad, CA 92009 Dear Property Owner: This letter is to notify you that CUP No. 215(A) expires on October 1, 1991. If you would like an extension of this permit, please send us your request and a check for $375.00 ($ 50.00 for non-profit organizations) to: City of Carlsbad . , Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009 Your request for an extension must be received no later than November 1,1991, 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 $2,100.00 ($110.00 for non-profit organizations). Please do not hesitate to call if you have any questions (619) 438-1161, extension 4475. Sincerely, ERIN K. LETSCH Senior Management Analyst EKLkm 2O75 Las Palmas Drive • Carlsbad, California 92OO9-4859 • (619) 438-1161 STAFF REPORT DATE: OCTOBER 1, 1986 TO: PLANNING COMMISSION FROM: SUBJECT: I. PLANNING DEPARTMENT CUP-215(A)/CUP-224(A)/CUP-226(A)/CUP-250(A) - Request for approval of four conditional use permit amendments to modify a condition regarding transfer of ownership at delicatessens in the P-M zone. RECOMMENDATION That the Planning Commission APPROVE the Prior Compliance issued by the Planning Director and ADOPT Resolution Nos. 2610, 2611, 2612 and 2613, APPROVING CUP-215(A), CUP-224(A), CUP-226(A) and CUP-250(A) based on the findings and subject to the conditions contained therein. II.BACKGROUND Conditional use permits have been approved for the operation of delicatessens at the following locations: CUP-215 Van Voorhis/Shorter CUP-224 Choi CUP-226 Barbie's Lunch Depot CUP-250 Kim 2151 Las Palmas 2382 Camino Vida Roble 5375 Avenida Encinas 6150 Yarrow Drive These delicatessens are located in business parks througout the City and have been in operation for some time without creating any major problems. Each conditional use permit has a condition in the approving resolution which reads: "This approval is granted to (applicant's name) and is not assignable to others." Due to the frequent change of ownership at delis, this condition has resulted in several requests for conditional use permit amendments, unnecessary expense for applicants, and repetitive staff work. Staff is presently recommending that this condition be modified to permit a transfer of ownership. Ill. ANALYSIS Planning Issues 1) Will the intent of the original CUP's still be maintained? 2) Will the proposed amendments have a detrimental effect on surrounding uses? Discussion As previously mentioned, four conditional use permits have been issued for delicatessens in the industrial parks. Recently, two applications were received by the Planning Department for conditional use permit amendments to permit a change of ownership. At the time each conditional use permit was approved, each permit had a condition which stipulated that the approval was granted to the applicant and not assignable to a new owner. This was standard Planning Department practice to ensure that the new owner was aware of all conditions which he, as the responsible party, had to abide by. Because delicatessens frequently change ownership, this condition has resulted in additional expense for applicants and also a duplication of staff work. In addition, it has been recently determined by the Assistant City Attorney (CUP-196(B) Parker, Montessori School) that approval of a conditional use permit goes with the land and the use, not the applicant. Adhering to this policy, CUP-270 (Choi delicatessen) was approved by the Commission in April, 1985. At that time, this particular condition was deleted without any resultant problems. To provide uniformity and to eliminate a superfluous condition, staff is initiating the following proposal to amend the existing condition to read: "At the time of a lease agreement, the property owner or his agent shall inform any subsequent operator of the take-out sandwich shop that a conditional use permit exists on the property and that the new operator must abide by the conditions of the permit." This proposal would enable a normal change of ownership to take place but would still ensure that the new owners were aware of the conditional use permit as well as the conditions they would be responsible for. This maintains the intent of the origial CUP's by requiring the property owner (who has signed the application) to guarantee that the conditions of approval are provided and maintained. Compatibility with surrounding uses will thus continue to be assured or the CUP will be subject to revocation. — 2 — During the initial review of each CUP, it was determined by staff that due to the general lack of restaurants in the industrial parks that delicatessens were desirable for employees in these areas of the community. The various sites were determined to be adequate in size and shape to accommodate the uses. The street systems, as well as the parking, were also determined to be adequate to handle the traffic generated. To ensure adequate parking at each site, each delicatessen approval had a condition stipulating: "This business shall operate on a take-out basis only, no tables or chairs shall be provided for the consumption of food on the premises." Basically, all findings for approval of a conditional use were met and are still in effect. Staff believes approval of these amendments will eliminate a needless condition, provide uniformity among the delicatessens and reduce staff work, therefore, staff recommends approval of CUP-215(A), CUP-224(A), CUP-226(A) and CUP-250(A). IV. ENVIRONMENTAL REVIEW The Planning Director has determined that the environmental effects of the project described above have already been considered in conjunction with previously certified environmental documents and, therefore, has issued a Notice of Prior Environmental Compliance issued on September 20, 1986. ATTACHMENTS 1) Planning Commission Resolution Nos. 2610, 2611, 2612 and 2613 2) Environmental Document AMLibn 9/12/86 -3- PLANNING DEPARTMENT 2075 LAS PALMAS DRIVE CARLSBAD, CALIFORNIA 92009-4859 (619)438-1161 City of Cartebab 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: CUP-215(A), CUP-224(A), CUP-226(A), CUP-250(A) Project Location: Palomar Airport Business Park, Carlsbad Research Center, industrial park located on Avenida Encinas, south of Cannon Road. Project Description: Amendment of approved conditional use permits to allow a transfer of ownership. Justification for this determination is on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, CA. Comments from the public are invited. Please submit comments in writing to the Planning Department within ten (10) days of date of publication. Dated: September 20, 1986 Case No: CUP-215(A)/CUP-224(A)/ CUP-226(A)/CUP-250(A) Applicant: City of Carlsbad Publish Date: September 20, 1986 MICHAEL J. HOLZMILI Planning Director PC 1 Carlsbad Journal Decreed a Legal Newspaper by the Superior Court of San Diego County 3138 ROOSEVELT ST. • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345 Proof of Publication STATE OF CALIFORNIA, ss COUNTY OF SAN DIEGO, PUNNING DEPARTMENTCITY OF CARLSBAD 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 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 PUBLIC NOTICE OF published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: PRIOR ENVIRONMENTAL COMPLIANCE PLEASE TAKE NOTICE: The Planning Department has deter- mined that the environmental effects of the project described be- low have already been considered in conjunction with previously . certified environmental docu-1 merits and. therefore, no additional ' environmental review -will be re- ! quired and a notice of determina- tion will be filed. Project Title: CUP-215(A). CUP- 224(A>. CUP-226(A). CUP-250IA)Project Location: Palomar Air- port Business Park. Carlsbad Re- search Center, industrial park lo- cated on Avenida Encinas. south of Cannon Road. Project Description: Amendment of approved conditional use per-mits to allow a transfer of own- ership.Justification for this determina-tion is on file in the Planning De-partment, 2075 Las Palmas Drive. Carlsbad. CA. Comments from the public are invited. Please submitcomments in writing to the Plan-ning Department within ten (10) days of date of publication.Dated: September 20. 1986, Case No: CUP-215(AWCUP-224(A)/ CUP-226(A)/CUP-250(A)Applicant: CITY OF CARLSBADMICHAEL J.HOLZMILLER Planning DirectorCJ 4323: September 20. 1986 September 20,19 86 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 2Dtfi day of September, 1986 *202-2M-9/85 Clerk of the Printer NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:00 p.m. on Wednesday, October 1, 1986, to consider approval of four conditional use permit amendments to modify a condition regarding transfer of ownership at delicatessens in the P-M zone. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. If you have any questions please call the Planning Department at 438-1161. If you challenge the Conditional Use Permits 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-215(A)/CUP-224(A)/CUP-226(A)/CUP-250(A) APPLICANT: CITY OF CARLSBAD PUBLISH: September 20, 1986 CITY OF CARLSBAD PLANNING COMMISSION Carlsbad Journal Decreed a Legal Newspaper by the Superior Court of San Diego County 31 38 ROOSEVELT ST. • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345 Proof of Publicati 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 CdMsbsd Joiimdl 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 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 r published in each regular and entire issue of said NOTICE OF PUBLIC newspaper and not in any supplement thereof on HEARING the following dates, to-wit: NOTICE IS HEREBY GIVEN that the Planning Commission of the 'City of Carlsbad will hold a public hearing at the City Council Cham-bers. 1200 Elm Avenue. Carlsbad. Californ*ia.:a.t',6;00 p.m. on Wednes-day, Oc'UiBer^. .!|?B6,, lo considerapproval: p.EfJoijp'cpnUitjpjial use ' , p e f m i rate ri dimStl fe* t.o ' m pd.i fy a " .of . ....- cordial'lty ivited io^alte'nd'th'e public hearing If you'have'any questions please: call the Pfatvning Departmental •' 438-1 161s .. ./: ^ £•:•••; If you challenge the Conditi'on'al '.Use, Permits •Tn-'cpurt.' you jnayjbe^limited .to .raising onlylhoseissues . -ypu^or someone else'.raise'd'ai the ( public heari'ng described in' this riplfpe; 'of in written corresponddence delivered to (he City of Carls- b-ad a_t or pfipr to the publicthearing; •'•''. , •• •( CASE F.I'LB: CUP-2151 Al/CUPi 224(A)/e"MP-226(A)/CUP-250(A) • Vi. APPt!ipXN.T;CltYOFCAnLSBAp , • CITY £)F CARLSBAD : "; PLANNING COMMISSIONCJ 4321: September 20. 1986 September 20,19 86 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, 20th,day of September. 1986 #202-2M-9 85 Clerk of the Printer