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HomeMy WebLinkAboutMCUP 06-11; Judy's Deli; Conditional Use Permit (CUP)FILE r^ $• City of Carlsbad Planning Department February 20, 2007 Yong-Kyu Kim 2035 Corte Del Nogal Suite 130 Carlsbad, CA 92111 SUBJECT: MCUP 06-11-JUDY'S DELI Dear Yong-Kyu Kim, The Planning Director has completed a review of your application for a Minor Conditional Use Permit MCUP 06-11 for a delicatessen located at 2035 Corte Del Nogal. A notice was sent to property owners within a 300' radius of the subject property requesting comments regarding the above request. No comments were received within the ten day notice period (ending on February 12, 2007). After careful consideration of the circumstances surrounding this request, the Planning Director has determined that the four findings required for granting a Minor Conditional Use Permit can be made and therefore, APPROVES this request based on the following findings and conditions. Findings: 1. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan in that the delicatessen provides a desirable service to the surrounding industrial park community and as conditioned does not have detrimental effects on the existing or future uses of the area. 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located in that the site area of 921 square feet is adequate in size and shape to accommodate a food preparation area, display area and waiting area. 3. That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the Planning Director in order to integrate the use with other uses in the neighborhood in that the use does not require the construction or alteration of a building or parking lot other than already existing tenant improvements and will, therefore, not require adjustments 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us -11 - JUDY'DELI ^February 20,2007 Page 2 to existing exterior walls, setbacks, yards, landscaping of other features4o provide compatibility with existing or future uses. A. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that the adjusted increase in average daily trips does not have an adverse effect on the existing street system. 5. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: 1. Approval is granted for MCUP 06-11 as shown on Exhibits "A" dated February 20, 2007 on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Minor Conditional Use Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the MCUP 06-11 documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved •Exhibits. Any proposed development different from this approval shall require an amendment to this approval. 4. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless -the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims -and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Minor Conditional Use Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's MCUP 06-11 - JUDY'S DELI February 20, 2007 Page 3 installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. 5. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 6. This project shall comply with all conditions and mitigation measures, which are required as part of the Zone 5 Local Facilities Management 'Plan and any amendments made to that Plan prior to the issuance of building permits. 7. MCUP 06-11 shall be reviewed by the Planning Director on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health, safety and general welfare. If the Planning Director determines that: 1) the minor conditional use permit was obtained by fraud or misrepresentation; or 2) the use for which such approval is granted is not being exercised; or 3) the conditions of approval have not been met; or 4) the minor conditional use permit is being or recently has been exercised contrary to any of the terms or conditions of approval; or 5) the use for which such approval was granted has ceased to exist or has been suspended for one year or more; or 6) the use is in violation of any statute, ordinance, law or regulation; or 7) the use permitted by the minor conditional use permit is being or has been so exercised as to be detrimental to the public health, safety or welfare or so as to constitute a 'nuisance, the Planning Director shall hold an informal public hearing and after providing the permittee the opportunity to be heard, the planning director may revoke and terminate the minor conditional use permit in whole or in part, reaffirm the minor conditional use permit, modify the conditions or impose new conditions. 8. Owner/applicant shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Minor Conditional Use Permit on the real property owned by the owner/applicant. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice, which modifies or terminates said notice upon a showing of good cause by the owner/applicant or successor in interest. 9. Any signs proposed for the advertisement of the delicatessen shall be reviewed and approved by the Planning Director through a City of Carlsbad Sign Permit. Window signs advertising the sale of products within the delicatessen are prohibited. MCUP 06-11 - JUDY'^DELI February 20, 2007 Page 4 TO. No cooking shall take place onsite; only food preparation. No ovens or grills may be installed or operated at the site. A microwave oven may be used to heat food and a steam table may be used for warming purposes. 11. Disposable tableware only may be used. 12. Five (5) parking spaces shall be designated for use only by the delicatessen. Each space shall be clearly marked with permanent pavement graphics. 13. The delicatessen shall be restricted in size and location to the 921 square-feet as shown on Exhibit "A", 14. No parking shall be permitted at the site entry aisle. The curb shall be painted red and be marked "No Parking". 15. A grease trap must be provided per the requirements of Section 13.04.050(G) of the Carlsbad Municipal Code. 16. The hours of operation shall be limited to 7:00 a.m. through 5:00-p.-m., Monday through "Friday. Fire Conditions: 17. Use of attic for storage is prohibited. 18. Any modification or expansion of the delicatessen, in addition to conversion to a restaurant (e.g., cooking onsite), shall require an amendment tot his Conditional Use Permit. Code Reminders: 19. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 20. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. MCUP 06-11 - JUDY'S DELI February 20, 2007 Page 5 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred 4o -for convenience as "fees/exactions." You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Department at 1635 Faraday Avenue in Carlsbad, along with a payment of $440.00. The filing of such appeal within such time Jimit shall stay the effective date of the order of the Planning Director until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Erin Endres at (760) 602-4625. Sincerely, DON NEU Planning Director DN:EE:aw c: Team Leader Project Engineer File Copy Data Entry