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Home My WebLink AboutCUP 226Bx1; Deli Wishes; Conditional Use Permit (CUP) (2)City of Carlsbad Planning Department NOTICE OF CONDITIONAL USE PERMIT EXTENSION October 25, 2006 Carlsbad Commercial Center 3655 Nobel Drive, Suite 250 San Diego, CA 92122 SUBJECT: CUP 226BX1 - DELI WISHES This notice is to inform you that CUP226BX1 - Deli Wishes located at 5365 Avenida Encinas and originally conditioned to expire on March 17, 2007 is hereby extended in perpetuity by the Planning Director pursuant to Section 21.42.220(0) of the Carlsbad Municipal Code. Should you have any questions, please contact, Mike Grim, in the Planning Department at (760) 602- 4623. Sincerely, DON NEU Assistant Planning Director DN:MG:mg c: Lenore Guertler, 5365 Avenida Encinas, Carlsbad, CA, 92008 File Copy Staff Planner Data Entry 1635 Faraday Avenue • Carlsbad, CA 92008-7314 « (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us MEMO OCTOBER 3, 2006 CUP 226(B)X1 The owner is permitted to add an oven to be used only for bakery type uses. No goods are to be sold at the location. Erin Endres City of Carlsbad Planning Department April 21, 2004 Business Owner/Manager Deli Wishes 5365 Avenida Encinas, Suite B Carlsbad CA 92008 SUBJECT: CUP 226(B)x1 - DELI WISHES - ANNUAL CUP REVIEW An annual review was conducted on April 5, 2004 for Conditional Use Permit No. CUP 226(B)x1 - Deli Wishes, as required by Condition No. 3 of Planning Commission Resolution No. 5217 (copy attached). During that annual review, it was noted that the existing operations are not in conformance with the requirements of the Conditional Use Permit and the City of Carlsbad Zoning Ordinance. On March 18, 1992, the Conditional Use Permit for the deli located at 5365 Avenida Encinas (then known as Salad and Sandwich Express) was amended to allow for a maximum of five (5) tables and/or ten (10) chairs for the consumption of food on the premises (Planning Commission Resolution No. 3366, copy attached). Prior to that time, the only seating allowed was for patrons waiting to pick up their orders. During the most recent annual review, staff noticed that there were more than five (5) tables located inside and outside the deli. In addition, some of the tables that were located outside were blocking the pedestrian walkway that serves the deli and other suites in the building. The Planned Industrial zone (Chapter 21.34 of the Zoning Ordinance, copy attached) is intended for office, manufacturing and warehouse uses. Retail sales that cater to the needs of the industrial occupants of the zone (e.g. office supplies) are allowed only through approval of a Conditional Use Permit. During the most recent annual review, staff noticed that the display and sale of retail items was being conducted from the deli suite, which is not consistent with the zoning of the property or the approved Conditional Use Permit. In order to conform to the existing permits and regulations, please reduce the number of tables to five (5) and the number of chairs to ten (10), relocate those tables outside of the pedestrian walkway, and discontinue the display and sale of retail items. Please feel free to contact me if you have any questions or would like to meet to discuss the Conditional Use Permit and zoning requirements. Thank you for your cooperation in this matter. Sincerely, MICHAEL GRIM Senior Planner MG:bd Attachments 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us PROJECT REVIEW On April 5, 2004, CUP 226(B)x1 - Deli Wishes was reviewed for compliance with the conditions contained therein. 1. The project was found to be in violation of Condition No. 2 of Resolution No. 3366 and the following actions have been taken: ACTIONS/COMMENTS: Also noticed that outdoor seating was blocking pedestrian circulation and there were sales of baskets and other retail items occurring in the deli. Letter noting violations sent to business owner on April 21. 2004. Signed: c: File Copy Data Entry ^^ ^^ City of Carlsbad Planning Department November 27, 2002 Abbu-Rajab Kholoud 5365 Avenida Encinas Carlsbad, CA 92008 SUBJECT: CUP 226(B)x1 - Deli Wishes The preliminary staff report for the above referenced project is enclosed. This preliminary report will be discussed by staff at the Development Coordinating Committee (DCC) meeting which will be held on December 9, 2002. A twenty (20) minute appointment has been set aside for you at 9:00 a.m. If you have any questions concerning your project you should attend the DCC meeting. It is necessary that you bring your required unmounted colored exhibit(s) with you to this meeting in order for your project to go forward to the Planning Commission. Your colored exhibits must be submitted at this time to ensure review by the Planning Commission at their briefings. If the colored exhibits are not available for their review, your project could be rescheduled to a later time. If 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 your Planner, Mike Grim at (760) 602-4623. Sincerely, GARY E. WAYNE' Assistant Planning Director GEW:MG:sn c: File Copy 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us TT City of Carlsbad Planning Department November 14, 2002 Lenore M. Guertler 785 Camino Magnifico San Marcos CA 92069-7357 SUBJECT: CUP 226(B)X1 - DELI WISHES Dear Lenore: Thank you for the additional Conditional Use Permit (CUP) Extension fee of $595.00 to allow the extension of CUP 226(B)x1 - Deli Wishes to March 17, 2007. A receipt for this fee payment, dated November 13, 2002, is enclosed. The CUP Extension request is tentatively scheduled for the Planning Commission hearing of December 18, 2002 with a recommendation of approval. Due to the change in ownership of the deli, an additional form is necessary. Please complete the enclosed Disclosure Statement and return to the Planning Department. Once received, the application will be modified to reflect the new project applicant information. Please feel free to contact me at (760) 602-4623 if you have any questions. Sincerely, MICHAEL GRIM Senior Planner Enclosures C: File Copy 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us City of Carlsbad Planning Department October 29, 2002 Business Owner Deli Wishes 5365 Avenida Encinas, Suite B Carlsbad CA 92008 SUBJECT: CUP 226(B)x1 - DELI WISHES On June 27, 2002, a letter was mailed to you notifying you that your Conditional Use Permit (CUP) had expired and detailing the stepsjnecessary to retroactively extend the permit (copy attached). The application received for the Conditional Use Permit Extension did not contain the correct amount of fees needed to extend the permit beyond the. curreTft date. ~0ri~7uly~27r2002~the City received a correspondence from Insignia ESG,.dated July. 16, 2002, confirming the fees needed to extend the permit. A copy of this letter is also attached. As of yet, we have not received the additional $595.00 necessary to continue processing the Conditional Use Permit Extension. If we do not hear from you within 30 days of this correspondence, your CUP will be considered invalid. To continue operating, it will be necessary for you to submit an application for a new Conditional Use Permit, along with a check for a new permit in the amount of $2,950. Thank you for your cooperation in this matter. Should you have any questions, please feel free to contact me at (760) 602-4623. Sincerely, MICHAEL GRl Senior Planner Attachment c: Don Rideout [File Copy j Matthew Pace, Insignia ESG 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us Insignia/ESC, Inc. Real Estate A 3655 Nobel Drive / ^ Suite 520 July 16,2002 ' ,'j||[ fflnq SanDiego,CA 92122 „,,„ ' Ji~ Tel: 858/450-3142 Deli Wishes ""57"" ".«««•««_ 5365 Avenida Encinas, Suite B ca*bad www.imigniaesg.com Carlsbad, CA 92008 ,,, r H InsigniaMike Gnm • • . __ - Carlsbad Planning Department •-• • f\l 1635 Faraday Avenue Carlsbad, CA 92008-7314 RE: City of Carlsbad - CUP 226(B)X1 - Deli Wishes CUP Cost: $595.00 CUP Expired: 3/18/97 CUP Renewed through: 3/17/02 Payment made by Deli Wishes 8/7/01, creating new expiration date of 3/17/02. Deli Wishes- Lease Effective Date: 3/15/00 Lease Termination Date: 6/31/05 Previous to Deli Wishes tenancy: 3/18/97 - 3/15/00 - 3 years, 3/5 $595.00 * .60 = $357.00 Deli Wishes Tenancy: 3/15/00 - 3/17/02 = 2 years, 2/5 $595.00 * .4 - $238.00 Carlsbad Commercial Center will reimburse Deli Wishes $357.00 to cover the Conditional Use Permit requirement prior to tenancy at 5365 Avenida Encinas, Suite B, Carlsbad, CA 92008. Deli Wishes must pay by August 1st, 2002, the City of Carlsbad $595.00 to extend the CUP from 3/18/02 to 3/17/07. If Deli Wishes decides not to renew July 31,2005, the Carlsbad Commercial Center will reimburse Deli Wishes the difference from 7/1/05 - 3/17/07 or $213.00. Time Period for Deli Wishes Reimbursement: 7/1/05 - 3/17/07 or 21.5 months = 1.79 years 1.79/5 years - .358 * $595.00 = $213.00 Sincerely, INSIGNIA/ESG, INC. AS AGENT FOR CARLSBAD COMMERCIAL CENTER Matthew Pace' Project Coordinator Although all information furnished regarding property for sale, rental or financing is from sources deemed retette, such Information has not been verified, and no express representation is made nor is any to be implied as to the accuracy thereof, and n is submitted subject to errors, omissions, change of price, rental or other conditions, prior sate, lease or financing, or withdrawal without notice. City of Carlsbad Planning Department June 27, 2002 Manager Deli Wishes Suite B 5365 Avenida Encinas Carlsbad CA 92008 SUBJECT : CUP 226(B)X1 - DELI WISHES The Planning Department is attempting to process your request for a Conditional Use Permit (CUP) extension to allow the continued operation of a delicatessen in the Planned Industrial (P-M) zone. The existing CUP expired on March 18, 1997. There are two outstanding items that are precluding the Department from processing your request; these items are: 1. An additional fee to allow a second five-year extension to the CUP. Your original application for a five-year extension would only extend the permit from March 18, 1997 to March 17, 2002. Since this date has passed, a second five-year extension request is needed. These two extensions can be processed together but an additional fee of $595.00 is required for the second extension. You were previously informed of this situation on April 17, 2002 (see attached City correspondence). 2. A completed Disclosure Statement (copy attached). This form did not accompany your original CUP extension request and is a required attachment to the Planning Commission Staff Report. Please submit these two items so that the processing of your CUP extension request may continue. Your existing CUP has been expired for over five years. Should these items not be received on or before August 1, 2002, the matter will be turned over to the Code Enforcement division for appropriate action. Please contact me at (760) 602-4623 if you have any questions. MICHAEL GRI Senior Planner Attachments c: Don Rideout Chris Sexton File Copy 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us City of Carlsbad Planning Department July 2, 2001 Deli Wishes Manager 5365 Avenida Encinas Carlsbad CA 92008 SUBJECT: CUP 226(B) - DELI WISHES On February 1, 2001, a letter was mailed to you notifying you that your Conditional Use Permit (CUP) had expired and we offered you a grace period to retroactively extend the CUP at a renewal fee of $595. As of yet, we have not received a response from you. If we do not hear from you by August 2, 2001, your CUP will be considered invalid. To continue operating, it will be necessary for you to submit an application for a new permit, along with a check in the amount of $2,950. Should you have any questions, please contact your staff planner, Anne Hysong, in the Planning Department at (760) 602-4622. Sincerely, CHRIS SEXTON c: Anne Hysong Nick Patel, 2712 Via Cardez, Carlsbad CA 92008 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us -— ^^ City of Carlsbad Planning Department May 8, 2002 Kholoud Aabu-Rajab Deli Wishes 5365 Avenida Encinas Carlsbad CA 92008 SUBJECT: CUP 226(B)x1 - DELI WISHES Your application has been tentatively scheduled for a hearing by the Planning Commission on June 19, 2002. However, for this to occur, you must submit the additional items listed below. If the required items are not received by May 29, 2002 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. As required by Section 65091 of the California Government Code, please submit the following information needed for noticing and sign the enclosed form: A) 600' 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, void of any punctuation. For any address other than a single family residence, an apartment or suite number must be included but the Apartment, Suite and/or Building Number 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: Arial 11 pt, Arial Rounded MT Bold 9 pt, Courier 14 pt, Courier New 11 pt, and MS Line Draw 11 pt. Sample labels are as follows: UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt #3 Carlsbad, CA 92008 UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave. Apt. #3 Carlsbad, CA 92008 ACCEPTABLE MRS JANE SMITH APT 3 123 MAGNOLIA AVE CARLSBAD CA 92008 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ® CUP 226(B)X1 - DELI May 8, 2002 Page 2 D) 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. E) Fee - a fee shall be paid for covering the cost of mailing notices. Such fee shall equal the current postage rate times the total number of labels. Cash check (payable to the City of Carlsbad) and credit cards are accepted. Sincerely, MICHAEL GRIM Senior Planner MOjl 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 ApriM7,2002 Deli Wishes Manager 5365 Avenida Encinas Carlsbad CA 92008 SUBJECT: CUP 226(B)X1 - DELI WISHES The Planning Department is processing your request for a Conditional Use Permit (CUP) Extension to allow the continued operation of a delicatessen in the Planned Industrial (P-M) zone. The existing CUP expired on March 18, 1997. Your application for a five-year extension would only extend the CUP expiration date to March 17, 2002. The City is prepared to request that the Planning Commission approve a ten-year extension, with a new expiration date of March 17, 2007. In order to accomplish the ten-year extension, an additional CUP extension fee is needed for an additional five-years. This fee is currently $595.00. No additional application forms are necessary. Once the fee is received in the Planning Department, your CUP extension request will be scheduled for the next available Planning Commission hearing. Please feel free to contact me if you have any questions. Thank you. Sincerely, MICHAEL GRIM Senior Plan^ MG:mh c: Don Rideout Chris Sexton File Copy 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us CITY OF CARLSBAD ENGINEERING DEPARTMENT LAND USE REVIEW x \ September 10, 2001 ^ H? TO: Anne Hysong - Associate Planner <rV FROM: David Rick - Assistant Engineer COMPLETENESS REVIEW PROJECT ID: CUP 226BX1 DELI WISHES The Engineering Department has completed its review of the above referenced project for application completeness and has determined that the application and plans submitted for this project are complete and suitable for continued review. Engineering staff does not have any comments to add to the project. Please add the following conditions to the approving resolution/letter: 1. All operators and owners of the Deli(s) shall comply with Order No. 2001-01 of the California Regional Water Quality Control Board addressing measures to reduce waste discharge in urban runoff. Each operator and owner shall develop an employee education and training program for developing proper measures (Best Management Practices, BMP's) to reduce waste discharge to the maximum extent practicable, MEP's. As a part of these measures, each operator of their respective deli(s) shall train employees to: a. Pick-up and dispose daily all on-site trash; b. Sweep all dirt and debri rather than wash from walkways and driveways. Swept dirt and debri shall be disposed of in the trash. If any washing is to occur, then direct washing of walkways or driveways to lawn areas to minimize runoff into the City streets and storm drains. c. Clean floor mats, exhaust filters, etc. within the building with discharge to a grease trap to sanitary sewer. Any outside cleaning must occur within a container or bermed area with discharge to a sanitary sewer. If you or the applicant has any questions regarding the above, please either see or call me at extension 2781. David Rick Assistant Engineer - Public Works Department, Development Services Division H:\LIBRARY\ENG\WPDATA\MISC\COMPREV CITY OF CARLSBAD ENGINEERING DEPARTMENT LAND USE REVIEW September 10, 2001 TO: Anne Hysong - Associate Planner FROM: David Rick - Assistant Engineer COMPLETENESS REVIEW PROJECT ID: CUP 226BX1 DELI WISHES The Engineering Department has completed its review of the above referenced project for application completeness and has determined that the application and plans submitted for this project are complete and suitable for continued review. Engineering staff does not have any comments to add to the project. Please add the following conditions to the approving resolution/letter: 1. All operators and owners of the Deli(s) shall comply with Order No. 2001-01 of the California Regional Water Quality Control Board addressing measures to reduce waste discharge in urban runoff. Each operator and owner shall develop an employee education and training program for developing proper measures to reduce waste discharge. As a part of these measures, each operator of their respective deli(s) shall train employees to: a. Pick-up and dispose daily all on-site trash; b. Sweep all dirt and debri rather than wash from walkways and driveways. Swept dirt and debri shall be disposed of in the trash. If any washing is to occur, then direct washing of walkways or driveways to lawn areas to minimize runoff into the City streets and storm drains. c. Clean floor mats, exhaust filters, etc. within the building with discharge to a grease trap to sanitary sewer. Any outside cleaning must occur within a container or bermed area with discharge to a sanitary sewer. If you or the applicant has any questions regarding the above, please either see or call me at extension 2781. David Rick Assistant Engineer - Public Works Department, Development Services Division H:\LIBRARY\ENG\WPDATA\MISC\COMPREV City of Carlsbad Planning Department January 20, 1997 Carol Behm Carlsbad Commercial Center 5365 Avenida Encinas #G Carlsbad CA 92008 SUBJECT: CUP 226{B) - BARBIE'S LUNCH DEPOT Per a conversation with Perry Balliard of Corporation of Presiding Bishop, I am forwarding copies of letters I sent to his office. We have been informed by Mr. Balliard, your office will be handling the extension of this Conditional Use Permit. This permit will expire shortly and needs to be renewed as soon as possible to continue operation. The attached correspondence dated December 5, 1996, lists the required documents for an extension. Should you have any questions, please contact Van Lynch at (619) 438-1161, extension 4325. Sincerely, BRANDL-KING Planning Department c: File Attachments 2O75 Las Palmas Dr. - Carlsbad, CA 92OO9-1576 - (619) 438-1161 • FAX (619) 438-0894 •City of Carlsbad Planning Department December 27, 1996 Corporation of the Presiding 50 E. North Temple Salt Lake City, UT 84150 SUBJECT: CUP 226(B) - BARBIE'S LUNCH DEPOT Our records indicate that a letter was sent to you on December 5, 1996, advising you that your Conditional Use Permit (CUP) No. CUP 226(B) - BARBIE'S LUNCH DEPOT was due to expire on March 18, 1997. To date, we have not received a response. We are enclosing a copy of the letter previously sent. If we do not hear from you by Friday, January 10, 1997, your CUP will become null and void and the usage will be required to cease. Should you have any questions, please contact me at (619) 438-1161 extension 4453. Sincerely, BRAND! KING Planning Department c: File Copy 2075 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 • (619) 438-1161 • FAX (619) 438-O894 City of Carlsbad Planning Department NOTICE OF EXPIRATION December 5, 1996 Corporation of the Presiding 50 E. North Temple Salt Lake City UT 84150 SUBJECT: CUP 226{B) - BARBIE'S LUNCH DEPOT In a recent audit of our records, we found that CUP 226(B) - BARBIE'S LUNCH DEPOT will expire on March 18, 1997. 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 S A check in the amount of $900 ($555 for non-profit organizations). A $500 deposit for noticing is included. Unused noticing monies will be refunded upon completion of processing the request for an extension. Send the required documents and warrants to: Brand! King City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad CA 92009 Your request for an extension must be received before December 19, 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 be required to submit an application for a new permit, along with a check in the amount of $3,000 ($620 for non-profit organizations). Should you have any questions, please contact the Planning Department at (619) 438- 1161, extension 4453. Sincerely, BRANDUCING Planning Department c: File Copy 2075 Las Palmas Dr. • Carlsbad, CA 92OO9-1 576 • (619) 438-1161 • FAX (619) 438-O894 City of Carlsbad Planning Department April 10, 1991 . Ray^W. and Barbara E: Winter / 1745 Rocky Road -Up Fullerton, CA 92631 V 2)0- O ^ £> ->3 SUBJECT: CUP 226 - BARBIE'S LUNCH DEPOT - GINGER'S DELI AT 5375-AVENIDA ENCINAS The Conditional Use Permit allowing the delicatessen at 5375 Avenida Encinas in the City of Carlsbad is due for annual review. Part of this review involves verifying that all conditions of approval of Planning Commission Resolution No. 2088 have been met and being maintained. A condition of your approving resolution states that "no tables or chairs shall be provided for the consumption of food on premises." When Ginger's Deli was recently visited, tables and chairs were found. The delicatessens in the industrial areas are restricted to solely take-out operations because of parking requirements. Delicatessens with indoor and/or outdoor seating are required to provide the same parking supplies as restaurants, or 1 space for every 100 square feet of gross floor area. As most industrial developments are parked very close to the minimum allowed by the municipal code, the intense parking requirement of 1 space per 100 square feet virtually prohibits delicatessens with seating. Since the large amount of employees in the industrial area require some food service facilities in close proximity to their workplace, the Planning Commission has allowed delicatessens without seating to be parked at a ratio of 1 space per 200 square feet of gross floor area. While this lessened parking requirement has allowed the locating of delicatessens within many industrial developments, it also mandates that a condition of approval require no indoor or outdoor seating. After reviewing the existing situation, and the flexibility allowed with a conditional use permit, staff has arrived at a recommendation that could allow the delicatessen operators to keep their tables and chairs while still complying with the conditions of the applicable conditional use permit. Considering that most industrial developments have relatively low occupancy at this time, a condition could be added to the approving resolution that would allow seating provided the below two items occur. This assumes, of course, that there is adequate parking to accommodate all existing uses. 1. A Notice of Deed Restriction be placed on the property notifying all interested parties that a conditional use permit has been issued on the site 2O75 Las Palmas Drive - Carlsbad, California 92OO9-4859 • (619) 438-1161 RAY W. AND BARBARA E. WINTER APRIL 10, 1991 PAGE TWO _ and that the proportions of office and manufacturing uses are restricted to certain square footage limits. Any future tenant improvements and business licenses would then be restricted as stated in the deed restriction. 2. Floor plans showing the current tenant improvements and the square footages of all uses within all buildings on the property be submitted and verified. Since a conditional use permit runs with the land and not the delicatessen use, the property owner is responsible for maintaining all conditions of approval and only the property owner, or his/her agent, can amend the permit. Should you wish to allow the tables and chairs within Ginger's Deli to remain, please complete and sign the enclosed application form and disclosure statement and return to the address below within 30 days of the date of this correspondence. The Planning Department will then contact you regarding the amendment procedure. Please note that the items listed above will be required prior to final approval of the conditional use permit amendment. If no reply to this correspondence is received within 30 days, it will be assumed that no amendment to CUP 226 is desired and enforcement of the conditions of approval will be pursued. As the property owner, you are responsible for the continued satisfaction of the approving conditions. If the tables and chairs remain without an amendment to the conditional use permit, the parking will be adversely impacted and could prevent the potential for future tenant improvements and/or business licenses. Please feel free to contact me at (619)438-1161 extension 4499 if you have any questions about your conditional use permit or the enclosed application materials. Sincerely, MICHAEL GRIM" Assistant Planner Enclosures c: Erin Letsch Don Neu Van Lynch David Rick Ginger's Deli MG:vd ° CUP226.Ltr -M-'uivLj; V-MAIL..- /.-r-'Kut-1 L.UI. =-bAMt> ZIP SALE DATE / AKQUNTIRA PROPERTY DESig||TION ' ^^ 210 090 31 NATIONAL ASSN OF MUsHntKLHANTS INC, CONS 7/29/85 C-^^JK = 5140 AVENIDA ENCINAS, CARLSBAD CA 92003 07/85 829,290 *D 9000 LOT H P, RANCHO AGUA HEDIONDA POR OF, PH1 11 33, USE-47-7 BEING POR OF MAP 823 PAR 8, OLD APN - 210 090 21— INDUSTRIAL - MISCELLANEOUS — 210 090 32 CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH 8/01/89 C-405454 * 60 E SOUTH TEMPLE #780, SALT LAKE CITY UT 84111 08/89 12,151,000 *D 9000 # 5375 AVENIDA ENCINAS, CARLSBAD USE-41-7LOT H P, RANCHO AGUA HEDIONDA POR OF, PM11133, BEING POR OF MAP 823 PAR 10, OLD APN - 210 090 21 — FACTORY - LIGHT MFG — 210 090 33 CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH 8/01/89 C-405454 * C/0 WELLS FARGO MORT&EQUITY TR, P 0 BOX 30015 08/89 12,151,000 *D 9000 * TERMINAL, LOS ANGELES CA 90030 USE-41-7 # 5365 AVENIDA ENCINAS, CARLSBAD LOT H P, RANCHO AGUA HEDIONDA POR OF, PH1 11 33, BEING POR OF MAP 823PAR 11, OLD APN - 210 090 21 — FACTORY - LIGHT MFG — 210 >. - 34 CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH 8/01/89 C-405454 * C/0 WELLS FARGO MORTSEQUITY TR, P 0 BOX 30015 08/89 12,151,000 *D 9000 * TERMINAL, LOS ANGELES CA 90030 USE-41-7 # 5355 AVENIDA ENCINAS, CARLSBAD LOT H P, RANCHO AGUA HEDIONDA POR OF, PH1 1133, BEING POR OF MAP 823 PAR 12, OLD APN - 210 090 21 — FACTORY - LIGHT MFG — 210 090 35 CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH 8/01/89 C-405454 * 60 E SOUTH TEMPLE #780, SALT LAKE CITY UT 84111 08/89 12,151,000 *D 9000 # 5315 AVENIDA ENCINAS, CARLSBAD USE-41-7 LOT H P. RANCHO AGUA HEDIONDA POR OF, PH1 11 33, BEING POR OF HAP 823 PAR 13, OLD APN - 210 096 21 — FACTORY - LIGHT HFG — 210 090 36 FIRST HOTEL INVESTMENT CORP, CONS 10/26/89 C-582299 * J HALVORSON, 332 FIFTH AVE, PITTSBURGH PA 15222 09/84 2,150,000 *C 9000 # 5050 AVENIDA ENCINAS, CARLSBAD LOAN- 702,720 LOT H P. RANCHO AGUA HEDIONDA POR OF, PM11457, USE-21-7 BEING POR OF MAP 823 PAR 14, OLD APN - 210 090 21 ZONE-RA — 1-3 STORY MISC. STORE BLDGS. — 210 090 37 CARLSBAD COMMERCIAL CENTER ASSN INC. CONS 11/15/82 Q-351879 * C/0 COLDWELL BANKER REMS, P 0 BOX 919, CARLSBA 92008 9000 # AVENIDA ENCINAS, CARLSBAD USE-86-7 LOT H P. RANCHO AGUA HEDIONDA POR OF, PM11457, BEING POR OF MAP 823 PAR 15, OLD APN - 210 090 21 — OPEN SPACE EASEMENTS — 210 090 41 CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH 8/01/89 C-405454 * 60 E SOUTH TEMPLE #780, SALT LAKE CITY UT 84111 08/89 12,151,000 *D 9000 # 5205 AVENIDA ENCINAS -5245, CARLSBAD USE-41-7 LOT H P, RANCHO AGUA HEDIONDA POR OF, PH1 1457. BEING POR OF HAP 823 PAR 19, OLD APN - 210 090 21 — FACTORY - LIGHT HFG — E03 VALUES /TAXES 163,013 LND235^969 IMP154,793 P/P553*775 NET5,202.26 /89 125,000 LND 620,000 IMP745,005 NETit, 579. 22 /89 180,000 LND810,000 IMP990,000 NET6,026.50 /89 185,000 LND 1,325,000 IMP1.510,000 NET $,286.68 /89 185,000 LND1,340,000 IMP1,525,000 NET9,358.06 /89 1,125,000 LND3,625,000 IMP4.750.000 NET42,764.96 /89 LND 2,210,000 LND3,155,000 IMP 5,365,000 NET32,663.30 /89 IMP SIZE 3,351 BW» 14,820EFF 1983 23,460EFF 1982 23,460 EFF 1982 2.0051.571 EFF 1987 2.89 4.23 54,997EFF 1984 *COPYRIGHT TP.W INC. - REAL ESTATE INFORMATION SERVICES -1-800-527-9663 <•• PARCEL LIST SAN DIEGO 1990-91 REGION 1 210 090 42 OWNER DOCUMENT DATE / NO. ADDRESS (*-MAIL, #-PROP LOC, =-SAME) ZIP SALE DATE / AMOUNT TRA PROPERTY DESCRIPTION 210 090 42 CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH 8/01/89 C-405454 * 60 E SOUTH TEMPLE #780. SALT LAKE CITY UT 84111 08/89 12,151,000 *D 9000 # AVENIDA ENCINAS. CARLSBAD USE-31-7LOT H P. RANCHO AGUA HEDIONDA POR OF, PM11457, BEING FOR OF MAP 823 PAR 20, OLD APN - 210 090 21 — PARKNG LT/GARAGE/USED CAR LT — 210 090 43 GRANT W T&MARY E, HWCP 3/31/82 C-Q87944 * P 0 BOX 979, CARLSBAD CA 92008 03/82 670,000 F 9000 # 5051 AVENIDA ENCINAS, CARLSBAD USE-21-7 LOT H P, RANCHO AGUA HEDIONDA POR OF. PM12417, BEING POR OF IN HP 823 PAR 1, OLD APN - 210 090 38 — 1-3 STORY HISC. STORE BLDGS. — 210 090 44 PLAZA ENCINA PROPERTIES, CONS 3/20/84 C-100715 * P 0 BOX 979, CARLSBA6 CA 92008 05/89 42,000 f 9000 # 5055 AVENIDA ENCINAS, CARLSBAD USE-21-7 LOT H P. RANCHO AGUA HEDIONDA POR OF, PM12417, BEING POR OF IN MP 823 PAR 2, OLD APN - 210 090 38 — 1-3 STORY HISC. STORE BLDGS. — 210 090 45 SAN-GAL TRUST THE, NSNS 50% 12/14/87 C-686827 PLETA TRUST THE, NSNS SOX 12/87 4,475,000 D 9000 * C/0 PHILIP L GILDRED JR, 701 B ST STE 2020, SAN USE-41-7 * DIEGO CA 92101 ZONE-PH # 5411 AVENIDA ENCINAS -5451. CARLSBAD LOT H P, RANCHO AGUA HEDIONDA POR OF, PM13051, BEING POR OF MAP 823 PAR — FACTORY - LIGHT MFG -- 210 090 47 CARLMART L P. CONS 11/29/89 C-644324 -v 4401 HANCHESTER AVE #206, ENCINITAS CA 92024 03/89 10,000,000 0 9000 » 5600 AVENIDA ENCINAS, CARLSBAD USE-41-7 RANCHO AGUA HEDIONDA POR OF, PM1 4009, PAR 1, OLD APN - 210 090 46 — FACTORY - LIGHT MFG — 210 090 48 AVENIDA ENCINAS ASSOCIATES, CONS 4/09/86 Q-136158 * 3151 AIRWAY G-3, COSTA MESA CA 9262611/85 930,000 F 9000 # 5973 AVENIDA ENCINAS, CARLSBAD USE-21-7 RANCHO AGUA HEDIONDA POR OF, PM1 4009, PAR 2, OLD APN - 210 090 46 -- 1-3 STORY MISC. STORE BLDGS. -- ASSESSED VALUES /TAXES 1,740,000 LND275,000 IMP2.015,000 NET11,561.56 /89 373,320 LND457,066 IMP830,386 NET8,572.16 /89 439,201 LND1,040,775 IMP1,479^976 NET15,196.66 /89 3,069,180 LND6,288,300 IMP9.357^480 NET95,861.92 /89 1, OLD APN - 210 6,500,000 LND4,250,000 IMP10,750.000 NET40,574.88 /89 1,054,415 LND3,087'646 IMP4,142,061 NET46, 26$. 62 /89 PAGE 16,798 >' LOT SIZE IMP SIZE 3.33 | .86 1.0020,375EFF 1985 5.6686,432 EFF 1986 090 22 18.87 2.1348,200 EFF 1987 ?in i PACIFICA BUSINESS CENTER ASSOCIATES, CONS 1,769,670 LNP V6S