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HomeMy WebLinkAboutCUP 270; Choi Sandwich Shop; Conditional Use Permit (CUP) (2)PLICATION SUBMITTAL DATE: iRUARY 5, 19 85 cM- STAFF REPORT DATE; April 24, 1985 7 TO: Planning Commission FROM: Land Use Planning Office SUBJECT: CUP-270 - CHOI - Request for approval of a Conditional Use Permit to allow a take-out sandwich shop at 2235 Faraday Avenue in the Koll Business Park in the C-M zone. I. RECOMMENDATION It is recommended that the Planning Commission APPROVE the Negative Declaration issued by the Land Use Planning Manager and ADOPT Resolution No. 2434 APPROVING CUP-270 based on the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND The applicant is requesting a conditional use permit for a take- out sandwich shop located as described above. The applicant is renting a 1000 square foot suite, of which 500 square feet will be used for the sandwich shop and the remaining 500 square feet will be utilized for storage purposes. The property is zoned C-M and is located within the Koll Business Park. The park's uses are covered by Specific Plan 180 which provides for a take-out sandwich shop subject to the approval of a conditional use permit. III. ANALYSIS Planning Issues 1) Can the four findings, required for approval of a conditional use permit, be made? Specifically, a) That the requested use is necessary or desirable for the development of the community; is essentially in harmony with the various elements and objectives of the general plan, and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located; b) That the site for this intended use is adequate in size and shape to accommodate the use; c) That all Of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained; d) That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. Discussion The Koll Specific Plan (SP-180(A) is fairly restrictive with regard to both permitted and conditional uses. Take-out sandwich shops are permitted by the specific plan if they are developed primarily to service the Koll Business Park and not cater to outside traffic. Staff feels that the proposed sandwich shop complies with this requirement and, as proposed will be the first such use in the park. It is staff's feeling that the proposed use will meet all of the requirements necessary for granting of a conditional use permit. The proposed sandwich shop is in harmony with the goals of the general plan and will not be detrimental to the existing or future use within the area. Staff had some concerns that there might not be enough parking to handle the demand generated by this use. The applicant, however, has agreed to four conditions which should alleviate the parking problem: 1) There will be no tables or chairs for the consumption of food on the premises. 2) The shop will sell "cold sandwiches" only, there will be no on-premise cooking of food, except for the use of microwave ovens. 3) Two parking spaces will be reserved for this use immediately adjacent to the entrance and one employee space will be reserved at the rear of the building. 4) The applicant will encourage customers to call in their orders ahead of time. As shown on Exhibit "X", the portion of the suite proposed for the sandwich shop is adequate in size and shape to handle the proposed use. All of the yards, setbacks, fences, landscaping and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained. The proposed use will have no effect on the physical aspects of the site since all activity will take place within an existing building and the street and driveway system is adequate to handle all traffic generated by the proposed use. As conditioned, this sandwich shop will provide a needed service and will not adversely affect the other users within the building in which it is located. Overall, staff is satisfied that all required findings for a conditional use permit can be made and, therefore, recommends approval of CUP-270. •2- IV. ENVIRONMENTAL REVIEW The Land use Planning Manager has determined that this project will not have a significant effect on the environment and, therefore, has issued a Negative Declaration on March 26, 1985. Attachments 1. Planning Commission Resolution No. 2434 2. Location Map 3. Background Data Sheet 4. Environmental Document 5. Exhibits "A" - "C", "X" dated, March 26, 1985 EVR:ad 4/11/85 -3- LOCATION MAP CHOI BACKGROUND DATA SHEET CASE NO: CUP-270 APPLICANT: CHOI REQUEST MD LXATICN: Conditional Use Permit to allow a take out sandwich shop at 2235 Faraday Avenue. LEGAL DESCRIPTION: Lot 8 of Carlsbad Tract 81-10, Unit 1 according to Map 10330 filed February 22, 1982 A^: 212-061-05 Acres 4.59 Proposed No. of Lots/Units 1 GENERAL PLAN AND ZONING Land Use Designation PI,RS,C,T Density Allowed N/A Existing Zone C-M Density Proposed N/A Proposed Zone N/A Surrounding Zoning and Land Use: Zoning Site C-M North C-M South C-M East C-M West C-M Land Use Industrial buildings Vacant Industrial buildings Industrial buildings Vacant School District Carlsbad PUBLIC FACILITIES Water Carlsbad Sewer Carlsbad EDU's Public Facilities Fee Agreonent, dated February 11, 1985 ENVIRCMffiNTAL IMPACT ASSESSMENT X Negative Declaration, issued March 26, 1985 E.I.R. Certified, dated Other, City of Carlsbad Plannitig Department NOTICE OF EXPIRATION November 28, 1990 The Koll Company 2382 Faraday Avenue, Ste. 110 Carlsbad, CA 92008 Dear Property Owner: In a recent audit of our records, we found that CUP No. 270 expired on April 24, 1990. If you would like an extension of this permit, please send us your request and a check for $375.00 ($100.00 for non-profit organizations), to City of Carlsbad, 2075 Las Palmas Drive, Carlsbad, CA 92009. Your request for an extension must be received no later than January 28, 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 $2,000.00 ($100.00 for non-profit organizations). If you have any questions, please do not hesitate to contact me in the Planning Department at 438-1161, extension 4475. Sincerely, ERIN K. LETSCH Management Analyst EKL:lh 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 DEVELOPMENTAL iBv^.^v*^!a 1200 ELM AVENUE SERVICES H^^^B CARLSBAD, CALIFORNIA 92008-1989 LAWD USE PLANNING OFFICE ^^J^M (619) 438-5591 Citp Df CarlJibab April 12, 1985 Jai I. Choi & Hye S. Choi 2382-A Camino Vida Roble Carlsbad, CA 92008 SUBJECT: CUP-270 - Choi Preliminary Staff Report The preliminary staff report for the above referenced project has been completed. A copy of the report, including the recom- mendation and conditions, is enclosed. This preliminary report will be discussed by staff at the Development Coordinating Committee (D.C.C.) meeting which will be held on April 16, 1985, beginning at 9:40 a.m. If you have any questions concerning the report, you may attend the D.C.C. m.eeting. If you need additional information concerning this matter, please contact the Land Use Planning Office at 438-5591. CITY OF CARLSBAD MICHAEL J. HOLZMILLER Land Use Planning Manager By: LafTd "Ose Planning Office MJH:ad Enclosure DEVELOPMENTAL • jf^. • 1200 ELM AVENUE SERVICES CARLSBAD, CA 92008-1989 LAWD USE PLANNING OFFICE ^^amrs^ (619) *38-5591 Cttp of Carl]a(bab March 11, 1985 Jai Choi 2 382-A Camino Vida Roble Carlsbad, CA 92008 RE: CUP-270 (CHOI) The Director of Building and Planning, the City Engineer and the Land Use Planning Manager have reviewed the application you submitted for the above-referenced project. Based upon this review, it has been determined that there are major problems associated with your application which must be addressed before this application can be scheduled for a Planning Commission hearing. The problems or issues are listed below. Also, the name of the project planner and project engineer is provided. You should set-up a meeting to discuss the issues with the appropriate staff member. Once the problems/issues have been addressed, your application will then be scheduled for a hearing. Problems/Issues Project Planner 1) Need floor plan of restaurant. ^d Ruiz Project Engineer WALTER BROWN DEVELOPMENTAL • H^.H 1200 ELM AVENUE SERVICES w4aW!M CARLSBAD, CA 92008-1989 LAND USE PLANNING OFFICE (^^^) 438-5591 Citp of Carl£(bab March 11, 1985 Jai Choi 2 382-A Camino Vida Roble Carlsbad, CA 92008 RE: CUP-270 (CHOI) The Director of Building and Planning, the City Engineer and the Land Use Planning Manager have reviewed the application you submitted for the above-referenced project. Based upon this review, it has been determined that there are major problems associated with your application which must be addressed before this application can be scheduled for a Planning Commission hearing. The problems or issues are listed below. Also, the name of the project planner and project engineer is provided. You should set-up a meeting to discuss the issues with the appropriate staff member. Once the problems/issues have been addressed, your application will then be scheduled for a hearing. Problems/issues Project Planner I) Need floor plan of restaurant. Ed Rtiiz Project Engineer WALTER BROWN DEVELOPMENTAL • • 1200 ELM AVENUE SERVICES SM CARLSBAD, CA 92008-1989 LAND USE PLANNING OFFICE (^•'®> ^^591 Citp of tavlihah March II, 1985 Jai Choi 2 382-A Camino Vida Roble Carlsbad, CA 92008 RE: CUP-270 (CHOl) The Director of Building and Planning, the City Engineer and the Land Use Planning Manager have reviewed the application you submitted for the above-referenced project. Based upon this review, it has been determined that there are major problems associated with your application which must be addressed before this application can be scheduled for a Planning Commission hearing. The problems or issues are listed below. Also, the name of the project planner and project engineer is provided. You should set-up a meeting to discuss the issues with the appropriate staff member. Once the problems/issues have been addressed, your application will then be scheduled for a hearing. Problems/issues Project Planner 1) Need floor plan of restaurant, Project Engineer WALTER BROra DEVELOPMENTAL ^HL ... JIa 1200 ELM AVENUE SERVICES H^^y B CARLSBAD, CALIFORNIA 92008-1989 LAND USE PLANNING OFFICE ^^^J^M (619) 438-5591 Citp of Carl£{liab NEGATIVE DTCLARATICN PROJECT ADDRESS/LOCATION: 2235 Faraday Drive. PROJECT EfiSCRIPTION: A sandwich shop in the Koll Business Park. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the Califomia Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration t±at the project will not have a significant impact cxi the enviroiment) is hereby issued for the subject project. Justification for this action is cn file in the Land Use Planning Office, A copy of the Negative Declaration with supportive documents is cxi file in the Land Use Planning Office, City Hall, 1200 Elm Avenue, Carlsbad, CA. 92008. Ccrments from the public are invited. Please submit comments in writing to the Land Use Plarming Office within ten (10) days of date of issuance. DATED: March 26, 1985 MICHAEL J. "KJtZMlIliER CASE NO: CUP-270 Land Use Planning Manager APPLICANT: CHOI PUBLISH DATE: March 30, 1985 ND-4 5/81 DEVELOPMENTAL BL JSk 1200 ELM AVENUE SERVICES H^5^B CARLSBAD, CALIFORNIA 92008-1989 LAND USE PLANNING OFFICE ^^^IJ^M (619) 438-5591 Citp of CarlsJbab NEGATIVE DEX:LARATIC»I PROJECT ADDRESS/LOCATION: 2235 Faraday Drive. PROJECT EESCRIPTION: A sandwich shop in the Koll Business Park. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of tiie Califomia Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is cxi file in the Land Use Planning Office. A copy of the Negative Declaration with supportive documents is cxi file in the Land Use Planning Office, City Hall, 1200 Elm Avenue, Carlsbad, CA. 92008. Comments frcxn the public are invited. Please submit oomments in writing tx5 the Land Use Planning Office within ten (10) days of date of issuance. DATED: March 26, 1985 MICHAEL J. HcatZMIlUSR CASE NO: CUP-270 Land Use Planning Manager APPLICANT: CHOI PUBLISH DATE: March 30, 1985 ND-4 5/81 ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II (To Be Completed by the LAND USE PLANNING OFFICE) CASE NO. <2o^^10 DATE: I. BACKGROUND 1. APPLICANT: ^ JAI "X- n.U£>l 2. ADDRESS AND PHONE NUMBER OF APPLICANT: -4 CAM,I4O V/aa- /ZtsdS. ^J?^- 77o/ 3. DATE CHECK LIST SUBMITTED: II. ENVIRONMENTAL IMPACTS (Explanations of all Affirmative Answers are to b Written Under Section III - Discussion of Environmental Evaluation) YES MAYBE NO 1. Earth - Will the proposal have significant results in: a. Unstable earth conditions or in changes in geologic substructures? b. Disruptions, displacements, com- paction or overcovering of the soil? _____ c. Change in topography or ground surface relief features? d. The destruction, covering or modification of any unique geologic , or physical features? _____ e. Any increase in wind or water erosion of soils, either on or off the site? f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel or a river or stream or the bed of the ocean or any bay, inlet or lake? YES MAYBE NO 2. Air - Will the proposal have significant results in: a. Air emjissions or deterioration of ambient air quality? b. The creation of objectionable odors? c. Alteration of air movement, moisture or temperature, or any change in climate, either locally or regionally? Water - Will the proposal have significant results in: a. Changes in currents, or the course or direction of water movements, in either marine or fresh waters? b. Changes in absorption rates, drainage patterns, or the rate and amount of surface water runoff? c. Alterations to the course or flow of flood waters? d. Change in the amount of surface water in any water body? e. Discharge into surface waters, or in any alteration of surface water quality, including but not limited to, temperature, dissolved oxygen or turbidity? f. Alteration of the direction or rate of flow of ground waters? g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? h. Reduction in the amount of water otherwise available for public water supplies? X JL JL -2- / ( YEg MAYBE NO 4. Plant Life -Will the proposal have significant results in: a. Change in the diversity of species, or numbers of any species of plants (including trees, shriibs, grass, crops, microflora and aquatic plants)? • b. Reduction of the numbers of any unique, rare or endangered species of plants? 'XL c. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? _____ yC^ d. Reduction in acreage of any . agricultural crop? 5. Ariimal Life - Will the proposal have significant results in: a. Changes in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms, insects or microfauna)? JX b. Reduction of the numbers of any unique, rarfi or endangered species of animals? _____ P**^ c. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? d. Deterioration to existing fish or wildlife habitat? ><^ 6. Noise - Will the proposal significantly increase existing noise levels? 7. Light and Glare - Will the proposal sig- nificantly produce new light or glare? 8. Land Use - Will the proposal have significant results in the alteration of the present or planned land use of an area? -3- YES MAYBE NO 9. Natural Resources - Will the proposal have significant results in: a. Increase in the rate of use of any natu?ral resources? b. Depletion of any nonrenewable natural resource? 10. Risk of Upset - Does the proposal involve a significant risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? 11. Population - Will the proposal signif- icantly alter the location, distribu- tion, density, or growth rate of the human population of an area? 12. Housing - Will the proposal signif- icantly affect existing housing, or create a demand for additional housing? 13. Transportation/Circulation - Will the proposal have significant results in: a. Generation of additional vehicular movement? b. Effects on existing parking facilit- ies, or demand for new parking? c. Impact upon existing transporation systems? d. Alterations to present patterns of circulation or movement of people and/or goods? e. Alterations to waterborne, rail or air traffic? f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? 2<_ 2< X J^ -A -4- YES MAYBE NO 14 Public Services - Will the proposal have a significant effect upon, or have signif- icant results in the need for new or altered governmental services in any of the following areas: J2L _ ^ _ JL f. Other governmental services? a. Fire protection? b. Police protection? c. Schools? d. Parks or other recreational facilities? e. Maintenance of public facilities, including roads? 15. Energy - Will the proposal have signif- icant results in: a. Use of substantial amounts of fuel or energy? 16. Utilities - Will the proposal have significant results in the need for new systems, or alterations to the following utilities: a. Power or natural gas? b. Communications systems? c. Water? d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste and disposal? 21 b. Demand upon exist:ing sources of energy, or require the development of new sources of energy? — . —— 2^ ><- 21 JL X 17. Human Health - Will the proposal have significant results in the creation of any health hazard or potential health hazard (excluding mental health)? -5- YES MAYBE NO 18. Aesthetics - Will the proposal have significant results in the obstruction of any scenic vista or view open to the public, or will the proposal result in creation of an aesthetically offensive public view? 19. Recreation - Will the proposal have significant results in the impact upon the quality or quantity of existing recreational opportunities? 20. Archeological/Historical - Will the proposal have significant results in the alteration of a significant archeological or historical site, structure, object or building? 21. Analyze viable alternatives to the proposed project such as: a) Phased development of the project, b) alternate site designs, c) alternate scale of development, d) alternate uses for the site, e) development at some future time rather than now, f) alternate sites for the proposed, and g) no project alternative. ag -6- YES MAYBE NO 22. Mandatory Findings of Significance - a. Does the project have the potential to degrade the quality of the environment, or curtail the diversity in the environment? b. Does the project have the potential to achieve short-term, to the dis- advantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future.) c. Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? 2L X ill. DISCUSSION OF ENVIRONMENTAL EVALUATION -7- DISCUSSION OF ENVIRONMENTAL EVALUATION (Continued) -8- IV. DETERMINATION .(To Be Completed by the Land Use Planning Office) the basis of this initial evaluation: I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have'a significant "effect on the environment, there will not be a sigiiificant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A Conditional Negative Declaration will be proposed. I find the proposed project MAY have a significant effect on the "environment, and an ENVIRONMENTAL IMPACT REPORT is required. Signature 7-^^ V. MITIGATING MEASURES (If Applicable) -9- MITIGATING MEASURES-(Continued) VI. APPLICANT CONCURRENCE WITH MITIGATING MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. Date Signature -10- FEE: • $175.00 RECEIPT NO: Y^ 7X-^ ENVIRONMENTAL IMPACT ASSESSMENT FORM - Part I (To Be Completed by APPLICANT) CASE NO: _ DATE: Applicant: Address of Applicant: IJ^^lt^- A rAfyOfA/Q l/tO^ Po^U^ Phone Number: (^/<^) ^ - o / Name, address and phone number of person to be contacted (if other than Applicant): GENERAL INFORMATION: Description of Project: A S/hi/^^^J'C/^ CQA^^ ' '" ^ ~' '0ftt*W4j f^f-^ l^-H^ jyj Project Location/Address: '2ZJh^ ^ffUMhy ff\l^ S^/T^ S Assessor Parcel Number: Zone of Subject Property: ^Q=fSr) ,• Proposed Use of Site: List all other applicable applications related to this project: Environmental Impact Assessments for grading permits must be accompanied with a gradino plan and grading profile. 2. Describe the activity area, including distiguishmg natural and man- made characteristics; also provide precise slope analysis when appropriate. Mo *Q L^|>«£^^ 3. Describe energy conservation measures incorporated into the design and/or operation of the project. 4. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected. 5. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities. 6. If industrial, indicate type, estimated employment per shift, and loading facilities. H ft 7. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. -2- :^A I. ENVIRONMENTAL IMPACF^NALYSIS Answer the following questions by placing a check in the appropriate space. (Discuss all items checked "yes". Attach additional sheets as necessary.) 1) Could the project significantly change present land uses in the vicinity of the activity? 2) Could the activity affect the use of a recreational area, or area of important aesthetic value? 3) Could the activity affect the functioning of an established community or neighborhood? 4) Could the activity result in the displacement of community residents? 5) Could the activity increase the number of low and modest cost housing units in the city? 6) Could the activity decrease the number of low and modest cost housing units in the city? 7) Are any of the natural or man-made features in the activity area unique, that is, not found in other parts of the county, state or nation? 8) Could the activity significantly affect an historical or archaeological site or its settings? 9) Could the activity significantly affect the potential use, extraction, or conservation of a scarce natural resource? 10) Does the activity significantly affect the potential use, extraction, or conservation of a scarce natural resource? 11) Could the activity significantly affect fish, wildlife or plant life? 12) Are there any rare or endangered plant species in the activity ,area? 13) Could the activity change existing features of any of the city's lagoons, bays, or tidelands? 14) Could the activity change existing features of any of the city's beaches? 15) Could the activity result in the erosion or elimination of agricultural lands? 16) Could the activity serve to encourage development of presently undeveloped areas or intensify develop- ment of already developed areas? YES NO -3- YES NO 17) Will the activity require a variance from established environmental standards (air, water, noise, etc.)? 18) Will the activity require certification, authoriza- tion or issuance of a permit by any local, state or federal environmental control agency? 19) Will the activity require issuance of a variance or conditional use permit by the City? 20) Will the activity involve the application, use, or disposal of potentially hazardous materials? 21) Will the activity involve construction of facilities in a flood plain? 22) Will the activity involve construction of facilities in the area of an active fault? 23) Will the activity involve construction of facilities on a slope of 25 percent or greater? 24) Could the activity result in the generation of significant amounts of noise? 25) Could the activity result in the generation of significant amounts of dust? 26) Will the activity involve the burning of brush, trees, or other materials? 27) Could the activity result in a significant change in the quality of any portion of the region's air or water resources? (Should note surface, ground water, off-shore.) 28) Will the project substantially increase fuel consumption (electricity, oil, natural gas, etc.)? 29) Will there be a significant change to existing land form? (a) Indicate estimated grading to be done in cubic yards: . (b) Percentage of alteration to the present land form: (c) Maximum height of cut or fill slopes: 30) Will the activity result in substantial increases in the use of utilities, sewers, drains or streets? 31) Is the activity carried out as part of a larger project or series of projects? -4- II. STATEMENT OF NON-SIGNIFICANT ENVIRONMENTAL EFFECTS If you have answered yes to one or more of the questions in Section I but you think the activity will have no significant environmental effects, indicate your reasons below: III. COMMENTS OR ELABORATIONS TO ANY OF THE QUESTIONS IN SECTION I (If additional space is needed for answering any questions, attach additional sheets as needed.) Signature ^ (Person Completing Report) Date Signed 7^-^- Tf^ • -5- Carlsbad Joumal 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, 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 Carlsbsd Joumal 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 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 Bhe punning Commission of the iity of Carlsbad will hold a public eiearing at the City Council Cham- "»ers, 1200 Elm Avenue, Carisbad, *t;alifomia, at 6:00 p.m.;on Wednes- day, April 24, 1985, to consider "lapproval of a conditional use per- "tnit to allow a take-out sandwich ^hop on property generally located lit 2235 Faraday in the Koll Busi- ness Park in the C-M zone and more • particulary described as: ' Lot 8 of Carlsbad Tract 81-10 Unit .a according to Map 10330 filed Those persons wishing to speak on this proposal .are cordially in- vited to attend the public hearing. If you have any questions, please call the Land Use Planning Office at 438-5591. If you challenge the (nature of the proposed action) 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 corres- pondence delivered to the City of Carlsbad at or prior to the public hearing. Case File: CUP-270 Applicant: CHOI CITY OF CARLSBAD PLANNING COMMISSION LOCATION MAP SITE CHOI April 13 19 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 l3th day of ^ Apri 1 , 1 QR'^ 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, April 24, 1985, to consider approval of a conditional use permit to allow a take-out sandwich shop on property generally located at 2235 Faraday in the Koll Business Park in the C-M zone and more particularly described as: Lot 8 of Carlsbad Tract 81-10 unit 1 according to Map 10330 filed February 22, 1982. Those persons wishing to speak cxi this proposal are cordially invited to attend the public hearing. If you have any questions please call t±e Land Use Planning Office at 438-5591. If you challenge the (nature of the proposed action) in court, you may be limited to raising caily 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-270 APPLICANT: CHOI PUBLISH: April 13, 1985 CITY OF CARLSBAD PLANNING COMMISSION LOCATION MAP CHOI Li J^ND U PL AIMIMI IM Q Alw^ P LIC AT ID N DISCRETIONARY ACTIONS REQUEST • Zone Change • General Plan Amendment • Tentative Tract Map • Major Planned Unit Development • Master Plan '••.:• 'r''''"^-•• • Major R^evelc^xnent Permit • Minor Redevelcpnent Permit • Precise Develoj^nt Plan (check other boxes if^)prc^riate) •Specific Plan QSjLte beVelopment Plan Jte9u>nditional Use Pennit •Variance . •Planning Cononissidn Determination •Special Use Permit •Structure Relocation •Major Condaninium Permit •Coastial Permit (Portion of Redevelopment Area Only) Conplete Description of Project (attach additional sheets if necessary) j?) c^ofit;/!^- w&c/stj^ rj)r'7Ahw -T^^ >^o>?^rs yP^c lal Description (complete) ^ ' , . Legal'Description (coirplete) ' ' ' ~ . General Plan JAssessors Parcel Nunber Existing Land Use Zone rn Proposed Zone Proposed General 'Plan Site Acreage Owner J^l icant: Name (Print or Type) Mailing Address Name (Print or Type) el j. Dunigan, Q-'^ner,' s Representative Mai 1 ing; Address 73 3 0 Engineer Road City and State San Diego,' CA Zip Telephone 92111 292-5550 City and State Zip Telephone I CERTIFY THAT FAM THE OWNER'S REPRESENTATIVE AND UJAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TD THE BEST OF MZ KNOWIFDGE. I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT It) iSE BEST OF MY KNCIWLE3DGE. SIGNATURE DATE Date Pipp^ca. $: ved By f Assigned Receipt No* Caae Nunbir dUf-Jllo J^llcation Rec'd I. SPECIFIC REQUIREMENTS General Plan Amendment/Zone Change 1. Application Form 2. General Requirement Items F-0 3. Reproducible 1:500 scale map of subject property showing requested zoning and surrounding zoning and land uses. •'•AV^, • ./•;A'-A^'^V'-..-^. .-;':-^-'V 4. Fee: General Plan Amendment $765.00 + $5.00 per lot or acre, whichever is higher. ,,, . . ••• Zone Change: $655.00 • Master Plan/Specific Plan i, ~ Application Form / 2. General Requirement Items: - eighteen (18) copies of items B-D - items E-0 : • V " . , Fee: Master Plan $1 ,635 -i- $5.00 per/acre Specific Plan $1,090.00 Master Plan Amendment: Major $545.00 + 5.00 acre Minor $185.00 + 2.00 acre Specific Plan Amendment: Major $440.00 ^ Minor $ 75.00 Tentative Tract Map • TT Application Form 2. General Requirement Items \L eighteen (18) copies of item A • items E-P ' , 3. Fee: $530.00 (1-25 lots or units) $765.00 (26-100 lots or units) $1,310 (100 + lots or units) Revision: $330.00 (1^25 units or lots) \J ':• $545.00 (26-100 units or lots) $765.00 ( 100-f- units or lots) " $150.00 Revision that does not change - design of subdivision Major Planned development (5 or more units) 1 . Application Form • , ' •:; 2. General Requirement Items: - eighteen (18) copies pf items B-D . ; ;', items E-0 ''•')•'''^ ^^^-^ '-• ^-^ • 3. Conversion to Condominiums - 1ist of names and ~ ; . addresses of all tenants of the project, proof of notification of the tenants 60 days pirior to filing tentative map. r >0he (1) copy each of 8 _l/12JL2LllS—sH^^ nnpy of 8 1/2''xl 1" -locatlon^nap (suggested scale P. ^ vicinity maps oh €he site pl'an afe h?yt accept^a±rl-e-)- Environmental Impact Assessment Form ($175) Public Facility Agreement: 2 copies; One (1) notorized original. One (1) reproduced copy. Disclosure Statement v Property Owners * List and Addressed Stamped Envelopes (Not needed for'Site Development Plan, Special Use Permit, planning Commission Determination and Minor Condominium Permit) 1) a typewritten list of the names and addresses of all property owners and occupants within a 300 foot radius of subject property (ihGluding the applicant and/or owner). The list shall include the San Diego County Assessor's parcel number from the latest assessment rolls. 12) Two separate sets of legal size (#10), addressed stamped envelopes {four sets for condominium conversions) of the property owners and occupants within a 300-^fo6t radius of subject property. For any address other than single family residence, apartment or suite number must be included. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON ENVELOPES AND LEAVE . RETURN OF ADDRESS BLANK. 3) For Condominium Conversions, ' two separate sets of addressed, stamped envelopes of all existing tenants is required. 300 Foot Radius Map (Not needed for Site Development Plan, Planning Commission Determination and Special Use Permit). A map to scale not less than 1" = 200' showing each lot within 300 feet of the exterior boundaries of the subject property. Each of these lots shall 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 Land Use Planning Manager if the. required scale is impractical. •• \ For residential projects within Vista, Encinitas or San Dieguito School Districts, the applicant shall indicate whether he prefers to dedicate land for school facilities, to pay a fee in lieu thereof, or do a combination of these. If the applicant prefers to dedicate land, he shall suggest the specific land. For residential projects within the Carlsbad Unified School District and the San Marco Unified School District, the applicant shall submit written confirmation that school facilities will be available and serve the project at time of need. '\ Preliminary Title Report (current within t>ie last six months) Proof of sewer availability if located in the Leucadia County Water District. Colored Site Plan and Elevation Plan (Not required with first submittal). It is the Applicant's responsibility to bring one copy of a colored site plan and one copy of a colored elevation to the Land Use Planning Office by Noon two days prior to the Planning Commission meeting. ' Statement of agreement to waive tentative tract map time limits. ••• '• APPLICANT DISCLOSURE FORM In order to .assist, the members of the planning Commission aiid City Council to avoid possible conflicts of interest, all appli- cants are required to complete this disclosure form at the time - of submitting their application. When this form has been com- pleted and signed, the information will be relied upon by them in determining if a conflict may exist, so please ensure that all of the information is completed and accurate. If at anytime before a final action on your application has been rendered, any of the information required by this disclosure changes, an amendment reflecting this change must be filed. If the applicant is an individual, or a partnership (either gen- eral or limited) or a joint venture, please state the full name, address and phone number of each person or individual (including trusts) who own any beneficial interest in the property which is the subject of this application. Should one or more parties to the application be a partnership or joint venture, then please state the full legal name of the partnership or joint venture, its legal address and the name and address of each individual person who is a general and/or limited partner or member of the joint venture. Should one or more of the parties be a privately held corporation (10 shareholders or less) or a real estate syndication, then please state the state of incorporation or syndication, corporate number, date of incorporation or syndication, corporate or syn- dicate address, and the full names and addresses of each individual shareholder or syndicate member. Should the corpor- ation be a publically held corporation, then state the full name and address of the corporation, the place of its incorporation, number of shareholders, and the name and address of the officers of the corporation. Should you feel that additional information needs to be provided in order to provide a full disclosure, please include it. / STATEMENT OF AGREEMENT TENTATIVE SUBDIVISION MAP CITY OF CARLSBAD The Subdivision Map Act and the Carlsbad Municipal Code sets a Planning Commission processing day time limit for City can only be extended by the fifty (50) day time restriqtipn on of Tentative Maps and a thirty (30) /Council action. These time limits mutual concurrence of the applicant and the City. By accepting applicatidns for Tentative Maps concurrently with appiicjations for other approvals which are prerequisites to the map; i.e., Environmental Assessment, Environmental Impact Report, Condominium Plan, Planned Unit Development, etc., the, fifty (50) day time limits and the thirty (30) day time limits are often exceeded. If you wish to have your application processed concurrently, this agreement must be signed by the applicant or his agent. If you choose not to sign the statement, the City will not accept - your application for the Tentative Map until all prior necessary entitlements have been processed and approved. > The undersigned understands that the processing time required by the City may exceed the time limits, therefore the undersigned agrees to extend the time limits for Planning Commission and City Council action and fully concurs with any extensions of time up to one year from the date the application was accepted as complete to properly review all of the applications. Signatur Date Name (Print) Relationship to Application (Property Owner-Agent) FORM: PLANNING 37, REVISED 3/80, If after the information you nave sunmirrea nas Deen reviewed, it is determined f' ^ . th^t further informatior ''^ required, you will be so ad^ -sed. y • ' . • ,„, , , X , ; . ( , ' . APPLICANT: Name (individual, partnership, joint verlture, corporation, syndication) • Business Address a • '•. •y Telephone Number AGENT: Name Business Address Telephone Number MEMBERS: Name_' (individual, partner, j oint venture, corporation, syndication) Home Address Business Address Telephone Nuiaber Telephbne Numbeir r-iarae Some Address 3usiness Address Tele^phone Nuabei: Telephone Number (Attach more sheets if necessary) I/We d-clare under penalty of perjury that the inforcnation contained in this dis- closure is true and correct and that it will remain true and correct and may be- relied upon as being true and correct until amended. An Applicant BY (g-oO/V^,gl^^ Agent, O-^ner, Partner AGREEMENT TO EXTEND TIME LIMITS TO ALLOW REVIEW OF THE LAND USE ELEMENT OF THE GENERAL PLAN In a desire to assist the City of Carlsbad to expeditiously review the Land Use Element of the General Plan and to ensure full and adequate review of the application for this development project the undersigned agrees that the time limits imposed by law to approve or disapprove this application shall be extended. If a negative declaration is adopted for this project the undersigned agrees that the time period for approval or disapproval is extended for 90 days. If the project requires an environmental impact report the undersigned agrees that the time limit imposed by Section 21151.5 of the Public Resources Code is extended for six months and that the project shall be approved or disapproved within 90 days after the certification of the environmental impact report. The undersigned understands that the City will process this application according to City Council Resolution No. 7872 and consents to processing the application according to that resolution. Signature of Applicant or Date Authorized Agent Name (print) Title (Applicant, Authorized Agent, etc.) APPROVED: Michael J. Holzmiller Land Use Planning Manager r CASE NO.: d^Q f^-AlO DATE RECEIVED: APPLICANT: REQUEST; ^<3l<^^y^•J2u>^<,./_J ENVTRCNMEWD^ ;i2 3^-> EXEMPT OR EXCEPTED;_ Posted; Filed: Prior Conpliance: P\±)lished: Filed: NEGATIVE DECLARATION: Posted: 3"trC^fc-R'S' Published: 3-3K7-^^ Notice of Determination: ENVIRONMENIAL IMPACT REPORT: Notice of Preparation: Notice of Connpletion: Notice of Determination: PLANNING CXyfUSSICN 1. Date of Hearing; 2. Publication: 3. Notice to Property Owners; ^- l<^~ 2S 4. Resolution No. c$l^5^ (Continued to: 5. i^^peal: Date; ^-<94-^ ACTION: (XpprODeA :ITY COUNCIL 1. Date of Hearing: 2. Notices to City Clerk: 3. Agenda Bill; 4. Resolution No. 5. Ordinance No. OORRESPCWDENCE Staff Report to J^licant:_ Resolution to Applicant: Date: Date: ACTI(»I;