Loading...
HomeMy WebLinkAbout1979-04-17; City Council; 5823; Sandwich Shop - Koll Business CenterCITY OF CARLSBAD ._ - Tn i *••{ al • AGENDA BILL NO. ^J*33 nUiJ IM^-/ "—=*-» • Dept. Ha. DATE: April 17. 1979 C. Atty. DEPARTMENT: Pub lie Works °" Mgr*- Subject: SANDWICH SHOP - KOLL BUSINESS CENTER Statement of the Matter Messrs. L. E. Ponce and Joe Dottore have requested to address Council to appeal the decision of staff in the matter of determining sewer demand. The appeal concerns their request to open a sandwich shop in the KolI Busi- ness Center. The KolI Business Center was approved by Council as a custom office development on an industrially zoned lot at Palomar Airport Business Park. It was an appeal from the developers of KolI Business Center that initiated the revision to the method of determining EDUs that currently exi sts i n our Code. The Code clearly indicates that a restaurant with no seating equates, to 2.67 EDUs. Under the provisions of the allocation to KolI, an area with a gross square footage of 700 square feet would be equal to 0.4 EDU (98 gallons/day). The conversion of this area from custom office space to a sandwich shop would constitute an increase in demand of 2.27 EDUs. Exhibits Letter dated March 29, 1979 from Mr. Ponce Letter dated April 2, 1979 from City Manager with attachments A through E* Recommendation That City Council deny the appeal. Council Action: 4-17-79 Council denied the appeal March 29, 1979 City Council Carlsbad C/0 Mr. Paul Bussey City Manager Mr. Bussey, Joe Dottore and I respectfully request to be placed on the agenda for the April IT City Council meeting concerning our proposed sandwich shop business at 238^ J Camino Vida Roble, Koll Business Center, Carlsbad. Thank you for your attention to this matter. Sincerely, j.E. Ponce 2638 Galicia Way Carlsbad, Ca. 92008 Office of the City Manager Citp of April 2, 1979 - 1200 ELM AVENUE fl 28fi^ . N /7lJ\ 729 1181CARLSBAD. CALIFORNIA 92008 13./frW_J]J (714)729-1181 Mr. L. E. Ponce 2638 Galicia Way Carlsbad, California 92008 Subject: Sandwich Shop in Koll Industrial Park As I discussed with you on the telephone, I have reviewed your letter dated March 12, 1979, with the appropriate City departments. It is not that the staff.is unsympathetic to your needs, but the staff must follow those ordinances adopted for the conduct of City business. Even though you have picked up a copy of that ordinance from my office, I am enclosing another copy with some sections under- which may better help you understand the PAUL D. BUSSEY City Manager PDB:gb Enclosure C j. 08. 070 — 13.08.081 (l)- That the portion of the property being connected to the sewer main shall totally contain the residence of the owner, together with sufficient side yard setbacks as required by applicable zoning law; (2) That sufficient area remain in the unconnected portion of the property in which to construct one or more living units in accordance with the applicable zoning laws. (Ord. 7020 §6) . 13. 08 .070 Extensions within subdivisions . Subdividers shall be required to install sewer line extensions to all property within the subdivision in the event that septic tanks or cesspools are not approved by the health officers employed by the city. When such sewer lines are constructed by the subdivider, no refund contract shall be available to the subdivider for any portion of the sewer line constructed that serves property within the subdivision. The subdividers may enter into a refund contract with the city as provided by this chapter for such portions of the sewer constructed that serves property not within the subdivision. Sub- dividers shall be required to extend to the external limits of the subdivision all sewer lines placed in the streets within the subdivision. (Ord. 7020A §1; Ord. 7020 §7). 13 . 08 . 080 Sewer capacity fees,. Except as hereinafter provided every person who wishes to use the city sewer system shall pay the city, prior to the issuance of a sewer connec- tion permit, a sewer capacity fee of five hundred dollars per equivalent dwelling unit. All sewe.r capacity fees shall be placed in the joint sewer construction fund and shall be used to pay for capital improvements of said system. For a period of five years from June 30, 1974, the fee for a residential unit or occupied mobile home space in existence and within the city limits on or before said date shall be fifty dollars, providing the connection to the sewer system is completed within said period. (Ord. 7054 §1, 1978: Qrd. 7045 §l(part) , 1977: Ord. 7043 §1 (part) , 1974 : Ord. 7041 §1, 1973? Ord. • 7033 §1) . 13.08.081 Equivalent dwelling units. (a) An equivalent dwelling unit is a unit jof measure for the sewage generated from particular buildings, structures or uses. One equivalent dwelling unit is equal to an approximation of the amount of sewage generated by an average s ing le- family residence. (b) The city engineer shall be responsible for ^mining the number of equivalent: dwelling units for buildings , structures or uses in accordance with the prnvi _of this section. For proposed new construction, he shall re- view the building plans and ascertain the use of the proposed structure and then determine, the number of equivalent dwelling units required by an application of the tables in subsection 228 (Carlsbad 7/15/78) 13.08,081 (c) of this section. For an existing structure and use, he shall apply subsection (c) to that structure and use. For the alteration, remodeling or expansion of an existing struc- ture or use, he shall determine the number of equivalent dwelling units being used by the existing structure or use by applying subsection (c). He shall then determine, in the same manner as new construction, the number of equivalent, dwelling units required after completion of the alteration, remodeling or expansion. The equivalent dwelling units in. such cases shall be the amount of the.increase in such units, if any. (c) The following tables shall be used to determine equivalent dwelling units: Equivalent Type of Building, Structure or Use Dwe 1 ling^ Units (1) Each space of a trailer court or mobile home park • 1.00; (2) Each duplex 2,00; (3) Each separate apartment in an apartment house • 1.00; ' (4) Each housing accommodation designed for occupancy by a single person or one - family, irrespective of the number _~" • actually occupying such accommodation "1.00; (5) Each room of a lodginghouse, boarding- house, hotel, motel or other multiple - dwelling designed for sleeping accom- modations for one or more individuals 1.00; (6) Churches, theaters and auditoriums, per , . each unit of seating capacity (a. unit being one hundred fifty persons or any fraction thereof) 1.33; (7) Restaurants: No seating __. 2.67; Seating - 2.67 plus 1.00 per each 7 seats or fraction thereof; (8) Automobile service stations: . ' Not more than four gasoline pumps . 2.00; More than four gasoline pumps 3.00; 229 (Carlsbad 7/15/78) 13.08.081 Type of Building, Structure or Use (9) Self-service laundries, per each washer (10) Office space in industrial or commercial establishments not listed above and warehouses • Equivalent Dwelling Units .75; Divide the gross floor area of the building in square feet by 1800; (11) Schools: - . Elementary schools ^ • For each sixty pupils or fraction thereof 1.00; Junior high schools ...'-. For each fifty pupils or fraction thereof ' 1.00; .High schools For each thirty pupils or fraction thereof .1 l-.QO; (12) In the case of all commercial, industrial and business establishments not included in subdivisions 1 through 10, inclusive, of this subsection the number of.equivalent dwelling units shall be determined in each case by the city engineer and shall be based upon his estimate of the volume and type of wastewater :<to be discharged into the sewer. The provisions of Chapter 13.16 shall apply to all cases under this subsection and an industrial waste permit shall be required. Any such permit, issued •-. for any use hereunder, shall include a specific volume of sewage authorized for such use. If said amount is exceeded, it shall be grounds for revocation of the permit. . . . (d) If the number of equivalent dwelling units, deter- mined by the application of subsection (c) of this section, results in a fraction, the fee required by Section 13.08.080 cr 13.08.085 for such fraction shall be in proportion thereto. _(e) The city engineer's determinations under this sec- tion may be appealed to the city council, whose decision shall be final. (f)rThe city council may, by resolution, prescribe any regulations they consider necessary for the proper application of this section. Such regulations may include but are not limited to a determination of the number of gallons of sewage which shall equal one equivalent dwelling unit. (OrdT 7054 §2, 1978). . . 230 (Carlsbad 7/15/78) March 12, 1979 Mr. Paul Bussey City Manager City Hall 1200 Elm Avenue Carlsbad, Ca. 92008 Dear Mr. Bussey, This letter is in regard to your request of a follow-up report on ray proposed sandwich shop business at 238UJ Camino Vida Roble, Koll Business Center, Carlsbad. The net size of the unit we hope to lease is 513 square feet. There will be no indoor seating area. All customers will order over the co\mter and will take their food out. As the service will be strictly "take out" we will be using only plastic and paper utensils. We will notrequire an automatic dishwasher. The only utensils that will need to be cleaned will be our cutting knives and mixing spoons, which will be easily cleaned in the one sink that we will require. Besides using the sink area foroccasional washing of utensils, the only other use the sink will have for us is to rinse any vegetables we may use in preparing our sandwiches and salads. In addition to not requiring an automatic dishwasher, the business will also not need a garbage disposal. All waste material will be packaged daily and deposited accordingly. We do not anticipate a large amount of waste and in regard to the sewage concerns of the property, we will be prepared to work around any minor inconveniences we may have by not operating a disposal. Our menu will feature several different types of sandwiches with meats, cheeses, and vegetables. We will offer small salads and a variety of dessert items which we will buy from distributors. Our drink selection will include soft-drinks, milk, fruit juices, and perhaps beer and wine. We will have a mininum of equipment. We will require one microwave oven to provide for hot sandwiches, one small deli-case, a freezer and refrigerator, a work table, an automatic meat slicer, and a cash register. I would like to stress that we will not be doing any cooking, which explains the absence of a stove. The business will be designed strictly as a food service to the employees of Palomar Airport Business Park. The hours will be set from approximately 11 am to 3 pm. We have spent over nine months researching the best management approaches to this type of business. Our ideas are a culmination of practices that are used in successful sandwich.shops we have found in business-industrial parks throughout ' Ran Diego County. I am very confident that given the opportunity, our business will be a definite asset to Palomar Airport Business Park. If granted the necessary approval by the City for operation, ve are very hopeful that we can open our doors by early sximmer. In addition to myself working full-time in the business, we will have two part-time employees, and my business partner Joe Dottore, who will be working several hours a day at the business, as well as teaching at San Dieguito High School. I'd like to underline our sincerity in this venture and pledge that if granted the opportunity to continue with the business, we will cooperate completely with any and all City edicts. Thank you for taking time from your busy schedule to review this situation with us. We are looking forward anxiously in regard to our next step. Sincerely, L.E. (Buzz) Ponce 2638 Galicia Way Carlsbad, Ca. 92008 cc: Mr. Chuck MeNary Coldwell Banker Carlsbad Mr. Joe Dottore 1313 Caminito Septimo Cardiff, Ca. 2384 ip -r • I 1t v£f»ifft'i-'isiiHtf&* — K '~ 11I 1 I Mf-u ! Ii i mm HMMM 1 i H ••••• •_* \ 1 G 1 i — F 1 1 ' E 1A I ~" B — Q DJ.H- n 1 ' 1 1 1 - L- "1 1 - K - r TI "1HJ H —[i i1. F E ' r 1~D- : i J - C - L -B - I I J i ~| J 1 1J J_ J IIi •p •IJ o N t — !'_rj ,1 p M 1 — I 1\i— Q 1 ....... 1 r— r \ —\i i. — R K 1 1 r~ 1 -J j 1 — ^ | L 'i > L | i 1 | , 1 | 1 J | | p D p A iimiiniFiMm. - — .J I 4-^ 2380 I 426' li CARLSBAD • CALIFORNIA FEATURES: • UNITS FROM 630, 1068, 1701, 2136 SQUARE FEET OR MORE • TILT-UP CONCRETE CONSTRUCTION • CUSTOM OR STANDARD INTERIOR OFFICE IMPROVEMENTS CONSTRUCTED TO MEET CLIENT REQUIREMENTS • CENTRAL LOCATION IN NORTH SAN DIEGO COUNTY • EXCELLENT LABOR POOL • FULLY LANDSCAPED ...J : .:!» .,^:3«*..^si^^^^ MEMORANDUM TO: City Manager FROM: Public Works Administrator DATE: March 8, 1979 SUBJECT: Letter from L. E. Ponce Concerning Sandwich Shop in Koll Industrial Park Summarizing a little background on this item, it was a request from the agents of Koll that led to our present EDU determination ordinance. If you will recall, under the old concept their development would have re- quired something like 60 EDUs. Under the new concept that figure was somewhere in the'range of 30 EDUs and, while not in absolute conformance with what they thought it should be, the ordinance was acceptable to them and they supported its passage. It is that same ordinance that would pre- clude conversion of office space to a sandwich shop. The ordinance is very specific. Office space in an industrial building is equated one EDU per 1,800 square feet whereas a restaurant with no seating has an equiva- lency of 2.67 EDUs with an additional EDU for each seven seats. The ap- plication of our sewer ordinance would obviously indicate that a sandwich/ deli shop would require more sewer capacity than an office use in the same space and, therefore, by ordinance, we are not authorized to accept appli- cation for a discretionary action in this case. This information was furnished to Mr. Ponce in a letter from the City En- gineer dated November 8, 1978. While we try to be accommodating within the limits of our ordinance, I see no way of accommodating the request at hand. Ronald A. Beckman, P.E. Public Works Administrator RAB:VEB CC: City Engineer March 2, 1979 Mr. Paul Bussey City Manager City Hall 1200 Elm Avenue Carlsbad, Ca. 92008 Dear Mr. Russey, I am writing to you-out of great frustration concerning my attempt to reach an accord with the current City Engineer Mr. Tim Flanigan. I have been negotiating since last June with Coldwell Banker on leasing approx- imately TOO square feet of industrial building space in the Koll Business Center, 238^J, Canino Vida Roble. The agent I have been working with, Mr. Chuck McT'Iary, and I hope to succeed in acquiring City approval to open a sandwich shop in the Koll Center to serve the employees of Palomar Airport Business Park. We have been given preliminary approval by the City Planning staff to at)ply for a Conditional Use Permit. However, one of the requirements of the permit application •is a letter from the City Engineer indicating his acceptance. Last November 1 I -wrote Mr. Flanigan outlining our situation. I received a note back rejecting our idea. Since that time, both Mr. McTTary and I' have tried repeatedly to arrange a meeting with Mr. Flanigan to convey in person our- desire to operate a sandwich shop, and the genuine need we feel is actually there for such a business. Mr. Flanigan has refused further discussion on the topic. It is my sincere hope that you will review with us our situation. I'm confident that after hearing our case, an agreement can be made with the Engineering department on applying for a Conditional Use Permit. I am currently the Director of Student Activities at San Dieguito High School in Encinitas. My request for,a leave of absence for the next school year has been accepted by our district's Board of Trustees, and I.'m eagerly looking forward to starting this business. However, as you can surmise, my hands have been tied for several months on the issue of a Conditional Use Permit. Until our application can be reviewed by the Planning Commission I'm sitting on pins and needles. Thank you for your.time concerning this matter. I'm looking forward to hearing from you. L.E. Ponce 2638 Galicia Way Carlsbad, Ca. 92008 cc: Chuck McNary • D November 8, 1978 L. E. Ponce 2633 Gal Ida Way Carlsbad, CA 92008 Subject: Establishment of a Food Service Business In Moll Business Center We regret to Inform'you tha City cannot give approval, preliminary or other- wise, for a conditional use permit to allow a sandwich dell shop Into the Kbll Business Center. 'Although the City does have a real concern over al- lowing commercial businesses Into ,th1s Industrial complex, our determina- tion Is not based on this reason. The toll Industrial Center was granted sewer connections by the City Council based solely on office and warehouse .uses. A food service outlet such as you are proposing represents a more Intense sewer, use as determined by City ordinance and would, therefore, re- quire additional sewer capacity. As'weare presently under a sewer mora- torium, this additional capacity Is not aval I able; therefore, the City could not allow your sandwich de!I shop Into tha Koll Business Center. If you ware to apply,for a conditional use permit,.the City would have to deny the application for the above reason. Should additional sswer capacity become available at a later date, the City could accept for processing a condition- al use permit for a del I et this location based on the merits you have sug- gested. Tim, Flanagan City Engineer TCF:DAH:VEB FACTS: Mr. L. E. Ponce and Mr. Joseph Dotorre wish to establish a small sandwich shop in tfi.e Roll Buisness Center. The most compelling reasons for establishing such a facility at this business center is that there are no immediate food services available for the anticipated 1000 employees working at the center. The employees will have to drive their vehicles to purchase their lunches at either the Airport or at La Costa. The result of this will probably be an increase in traffic mishaps, wasted fuel and employee tardiness in returning from lunch. PROBLEM: On May 2, 1978 the Carsbad City Council allocated 30.1 equivelent dwelling units (EDU) of sewer system to the Koll Business Center. Carlsbad City Ordinance 13.08.08l(c)(7)(see attached copy) states that a "No seating restaurant" shall be allocated 2.67 EDU's. REASONS TO ALLOW SANDWICH SHOP: The total area of the Sandwich Shop will be about 717- square feet. The net working area will be about 513 square feet. Only one sink will be required to rinse vegetables and clean knives -1- and mixing spoons. No dishwasher or garbage disposal will be used. Therefore the .398 EUD's which have already been allocated on 717 square •> feet will not be exceeded by the Sandwich Shop. The net square footage, 515, is such a small amount in relation to the average No Seating Restaurant as to qualify this as a mere Sandwich Shop. Therefore, the 3.67 EUD's assigned to it is an improper, arbitrary number, and should not be used in the instant case. RESOLUTION TO PROBLEM: It would be fair and equitable to the Business Center, the employees working there, and Mr. Ponce and Dotoree for the council to allow the Sandwich Shop to be completed and made operational. We request this matter be resolved as exeditiously as possible because the Business Center is scheduled to open the first week in May. The attachments are communications Mr. Ponce and Mr. Dotore£ have sent to the City Engineer and City Manager concerning this matter. -2- Your prompt attention and decision of the matter is greatly appreciated. ffiffiOLD V. McSHERRY Counsel for: Mr. L. E. Ponce and Mr. Joseph Dotoree -3- C 13.08.081 (c) of this section. For an existing structure and use, he shall apply subsection (c) to that structure and use. For the alteration, remodeling or expansion of an existing struc- ture or use, he shall determine the number of equivalent dwelling units being used by the existing structure or use by applying subsection (c). He shall then determine, in the same manner as new; construction, the number of equivalent dwelling units required after completion of the alteration, remodeling or expansion. The equivalent dwelling units in such cases shall be the amount of the increase in such units, if any. (c) The following tables shall be used to determine equivalent dwelling units: Equivalent Type of Building, Structure or Use Dwelling Units (1) Each space of a trailer court or mobile home park 1.00; (2) Each duplex 2.00; (3) Each separate apartment in an apartment house 1.00; (4) Each housing accommodation designed for occupancy by a single person or one family, irrespective of the number -' actually occupying such accommodation 1.00; (5) Each room of a lodginghouse, boarding- house, hotel, motel or other multiple dwelling designed for sleeping accom- modations for one or more individuals 1.00; (6) Churches, theaters and auditoriums, per each unit of seating capacity (a unit being one hundred fifty persons or any fraction thereof) 1.33; (7) Restaurants: • No seating 2.67; Seating 2.67 plus 1.00 per each 7 seats or fraction thereof; (8) Automobile service stations: Not more than four gasoline pumps 2.00; More than four gasoline pumps 3.00; 229 (Carlsbad 7/15/78) November 1, 1978 Mr. Timothy Flanagan City Engineer 1200 Elm Avenue Carlsbad, Ca. 92008 ' - Dear Mr. Flanagan, The purpose of this letter is to apply for and receive prelimnary approval for a "conditional use permit" to convert approximately 700 square feet of industrial building space in the Koll Business Center, 238UJ, Camino Vida Roble, to a sandwich- deli shop. We feel very strongly that the approximately 1000 employess in the Palomar Airport Business Park need a facility vhere they can buy lunch. The situation that exists now calls for employees to either purchase food from catering trucks or "brown bag" their lunch. There are no local luncheon services avaiible to employees. We recognize the city's possible concern over allowing comraerical businesses into an industrial complex. However, we're convinced that a definite need exists in providing quality food service to such a large group of employees. We are both presently teachers at San Dieguito High School in Encinitas. Our business background is minimal. We have spent the last several months, however, researching small sandwich shops in industrial parks in San Diego County and we are confident that we could provide an excellent service to Palomar Airport Business Park. Thank you for your time and concern. We hope to hear from you soon. Sincerely, L.E. Ponce 2638 Galicia Way Carlsbad, Ca. 92008 Joseph Dotorre 1313 Caminito Septimo Cardiff, Ca. 92007 Enclosure March 2, 1979 Mr. Paul Bussey City Manager City Hall 1200 Elm Avenue Carlsbad, Ca. 92008 Dear Mr. Bussey, I am -writing to you out of great frustration concerning my attempt to reach an accord with the current City Engineer Mr. Tim Flanigan. I have been negotiating since last June with Coldwell Banker on leasing approx- imately 700 square feet of industrial building space in the Koll Business Center, 2381tJ, Canino Vida Roble. The agent I have been working with, Mr. Chuck McNary, and I hope- to succeed in acquiring City approval to open a sandwich shop in the Koll Center to serve the employees of Palomar Airport Business Park. We have been given preliminary approval by the City Planning staff to at>ply for a Conditional Use Permit. However, one of the requirements of the permit application is a letter from the City Engineer indicating his acceptance. Last TTovember 1 I wrote MX. Flanigan outlining our situation. I received a note back rejecting our idea. Since that time, both Mr. McTIary and I have tried repeatedly to arrange a meeting with Mr. Flanigan to convey in person our desire to operate a sandwich shop, and the genuine need we feel is actually there for such a b\isiness. Mr. Flanigan has refused further discussion on the topic. It is my sincere hope that you will review with us our situation. I'm confident that after hearing our case, an agreement can be made with the Engineering department on applying for a Conditional Use Permit. I am currently the Director of Student Activities at San Dieguito High School in Encinitas. My request for a leave of absence for the next school year has been accepted by our district's Board of Trustees, and I'm eagerly looking forward to starting this business. However, as you can surmise, my hands have been tied for several months on the issue o? a Conditional Use Permit. Until our application can be reviewed by the Planning Commission I'm sitting on pins and needles. Thank you for your.time concerning this matter. I'm looking forward to hearing from you. Sincerely L.E. Ponce 2638 Galicia Way Carlsbad, Ca. 92008 cc: Chuck McTIary March 12, 1979 Mr. Paul Bussey City Manager City Hall 1200 Elm Avenue Carlsbad, Ca. 92008 Dear Mr. Bussey, This letter is in regard to your request of a follow-up report on my proposed sandwich shop business at 238UJ Carrdno Vida Roble, Koll Business Center, Carlsbad. The net size of the unit we hope to lease is 513 square feet. There will be no indoor seating area. All customers will order over the counter and will take their food out. * As the service will be strictly "take out" we will be using only plastic and paper utensils. We will notrequire an automatic dishwasher. The only utensils that will need to be ^cleaned will be our cutting knives__and mjjcingjs-poons, which will be easily cleaned in the one sink that we will require. Besides using the sink area foroccasional washing of utensils, the only other use the sink will have for us is to rinse any_jvegeta.bles we may use in preparing our sandwiches and salads. In addition to not requiring an automatic dishwasher, the business will also not need a garbage disposal. All waste material will be packaged daily and deposited, accordingly. We do not anticipate a large amount of waste and in regard to the sewage concerns of the property, we will be prepared to work around any minor inconveniences we may have by not operating a disposal. Our menu will feature several different types of sandwiches with meats, cheeses, and vegetables. We will offer small salads and a variety of dessert items which we will buy from distributors. Our drink selection will include soft-drinks, milk, fruit Juices, and perhaps beer and wine. We will have a mininuin of equipment. We will require cjTe_microHaye oven to provide for hot sandwiches, one small deli-^cajjg., a freezer and refrigerator, a work table, an automaticjneat slicer, and a cash register. I would like to stress that we will not be doing any cooking, which explains the absence of a stove. The business will be designed strictly as a food service to the emnloyees of Palomar Airport Business Park. The hours will be set from approximately 11 am to 3_pn._j ' We have spent over nine months researching the best management atroroaches to this type of business. Our ideas are a culmination of practices that are used in successful sandwich shops we have found in bus5ness-industrial parks throughout San Diego County. I am very confident that given the opportunity, our business will be a definite asset to Palomar Airport Business Park. If granted the necessary approval by the City for operation, ve are very hopeful that we can open our doors by early surjner. In addition to -myself working full-time in the business, ve will have two •part^t-ine employees . and my business partner Joe Dottore, who will be working several hours a day at the business, as well as teaching at San Dieguito High School. I'd like to underline our sincerity in this venture and pledge that if granted the opportunity to continue with the business, we will cooperate completely with any and all City edicts. Thank you for taking time from your busy schedule to review this situation with us. We are looking forward anxiously in regard to our next step. Sincerely, L.E. (Buzz) Ponce 2638 Galicia Way Carlsbad, Ca. 92008 cc: Mr. Chuck MeNary Coldwell Banker Carlsbad Mr. Joe Dottore 1313 Carainito Septimo Cardiff, Ca. 1200 ELM AVENUE CARLSBAD. CALIFORNIA 92008 Office of the City Manager City of Cartebab April 2, 1979 Mr. L. E. Ponce 2638 Galicia Way Carlsbad, California 92008 Subject: Sandwich Shop in Koll Industrial Park As I discussed with you on the telephone, I have reviewed your letter dated March 12, 1979, with the appropriate City departments. It is not that the staff is unsympathetic to your needs, but the staff must follow those ordinances adopted for the conduct of City business. Even though you have picked up a copy of that ordinance from my office, I am enclosing another copy with some sections under- better help you understand the •'problc PAUL D. BUSSEY City Manager PDBrgb Enclosure April 19, 1979 L. E. Ponce Jos Dottore 2638 Galieia Say Carlsbad, CA 92008 Ra: REQUEST TO ADDRESS COUNCIL XH APPEAL OF DECISION Sandwich Shop - Kail Business Center The Carlsbad City Council, at thair Regular Meeting of April 17, 1979, denied the above-referenced request. Although Council recognized the need for such & business, they concurred vrith the City Engineer's determination that allocation of the necessary EDU's would depart from the provisions of the Carlsbad Municipal Code governing same. LEE KAUTOtiKKAHZ. City Clerk LR: adta cc: Harold V. McSherry, Esq.