HomeMy WebLinkAbout2005-05-18; Planning Commission; Resolution 58971
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PLANNING COMMISSION RESOLUTION NO. 5897
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW THE OPERATION
OF A DELI ON THE NORTHWEST CORNER OF CAMINO
VIDA ROBLE AND EL CAMINO REAL IN LOCAL
FACILITIES MANAGEMENT ZONE 5.
CASE NAME: J.C. DELI
CASE NO.: CUP 05-08
WHEREAS, Charles C. Urn, “Applicant,” has filed a verified application with
the City of Carlsbad regarding property owned by Palomar Airport Business Center LLC,
“Owner,” described as
Parcel 1 of Parcel Map 6901, a Division of Lot 4, of Carlsbad
Tract Map 73-49, unit 1, in the City of Carlsbad, County of
San Diego, State of California, according to map thereof no.
8054 filed in the Office of the County Recorder of San Diego,
December 31,1974
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits “A” - “C” dated May 18, 2005, on file in the Planning
Department, J.C. DELI - CUP 05-08, as provided by Chapter 2 1.42 of the Carlsbad Municipal
Code; and
WHEREAS, the Planning Commission did, on the 18th day of May 2005, hold a
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the CUP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
B) That based on the evidence presented at the public hearing, the Commission
APPROVES J.C. DELI - CUP 05-08, based on the following findings and
subject to the following conditions:
Findinm :
1.
2.
3.
4.
5.
6.
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 specifically permitted in the zone in which the
proposed use is located, in that the proposed deli provides a needed lunch service to
the Palomar Airport Business Park.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that there is an adequate parking area and an adequate area for a limited number of
tables and chairs.
That all 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, in that the features necessary to adjust to the requested use
are already in place and the deli will not have any effect on the physical aspect of the
site.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the existing street and driveway system is
adequate to handle all traffic generated by the proposed use.
That the Planning Director has determined that the project qualifies as an action that has
been determined by the state Legislature pursuant to Section 15301, Existing Facilities,
to be statutorily exempt from CEQA.
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:
Note: Unless otherwise specified herein, all conditions shall be satisfied within 6 months of the
date of this CUP approval.
1. 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
fiture 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
PC RES0 NO. 5897 -2-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2.
3.
4.
5.
6.
7.
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 Conditional Use Permit.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use Permit 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.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
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 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 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. This obligation survives until
all legal proceedings have been concluded and continues even if the City’s approval is not
validated.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
All operators and owners of the Deli(s) shall comply with Order No. 2001-01 of the
California Regional Water Quality Control Board and the City of Carlsbad
Standard Urban Storm Water Mitigation Plan Storm Water Standards 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:
e Pick-up and dispose daily all on-site trash;
Sweep all dirt and debris rather than wash from walkways and driveways.
Swept dirt and debris shall be disposed of in the trash. If any washing is to
PC RES0 NO. 5897 -3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
8.
9.
10.
11.
12.
13.
14.
15.
16.
occur, then direct washing of walkways or driveways to lawn areas to
minimize runoff into the City streets and storm drains.
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.
e
Any signs proposed for this development shall at a minimum be designed in conformance
with the City’s Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
The hours of operation of the proposed deli shall be 6:OO a.m. to 6:OO p.m., Monday
through Friday.
This business shall operate on a take out basis only, no tables or chairs are to be
provided inside. To ensure that the deli’s compatibility with the surrounding uses
will continue, the outdoor seating area must provide adequate clearance for
pedestrian traffic and must not encroach into the public right-of-way or reduce
existing landscaping. The seating area is to be comprised of no more than two tables
and eight chairs and to be placed outside of the deli during the approved hours of
operation only.
Two parking spaces adjacent to Suite A shall be reserved for the exclusive use of the
proposed deli.
No ovens, except for microwave ovens, or grills shall be allowed on the premise.
Approval is granted for CUP 05-08 as shown on exhibits “A” - “C” dated May 18,
2005, on file in the Planning Department and incorporated herein by reference.
Development shall occur substantially as shown unless otherwise noted in these
conditions.
Advertisements for the proposed deli shall emphasize that it is a take out sandwich
shop and suggest that potential customers phone in their orders ahead of time.
Prior to the issuance of the building permit, Developer 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 the interest that
the City of Carlsbad has issued a CUP by Resolution No. 5897 on the property. 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
restriction 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 developer or successor in
interest.
This Conditional Use Permit shall be reviewed by the Planning Director annually 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 and welfare. If
PC RES0 NO. 5897 -4-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
the Planning Director determines that the use has such substantial negative effects, the
Planning Director shall recommend that the Planning Commission, after providing the
permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
substantial negative effects.
17. This Conditional Use Permit is granted for a period of five years from May 18, 2005 to
May 17, 2010. This permit may be revoked at any time after a public hearing, if it is
found that the use has a substantial detrimental effect on surrounding land uses and the
public’s health and welfare, or the conditions imposed herein have not been met. This
permit may be extended for a reasonable period of time not to exceed five years upon
written application of the permittee made no less than 90 days prior to the expiration date.
The Planning Commission may not grant such extension, unless it finds that there are no
substantial negative effects on surrounding land uses or the public’s health and welfare.
If a substantial negative effect on surrounding land uses or the public’s health and welfare
is found, the extension shall be denied or granted with conditions which will eliminate or
substantially reduce such effects. There is no limit to the number of extensions the
Planning Commission may grant.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from 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.
...
...
...
...
...
PC RES0 NO. 5897 -5-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 18th day of May 2005 by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, and Montgomery
NOES:
ABSENT:
ABSTAIN: 3 JEFFRE N. SEGALL, airperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
PC RES0 NO. 5897 -6-