HomeMy WebLinkAbout1986-10-01; Planning Commission; ; CUP 215A|CUP 224A|CUP 226A|CUP 250A - REQUEST FOR APPROVAL OF FOUR CUP AMENDMENTS TO MODIFY TRANSFER OF OWNERSHIP AT DELI IN THE P-M ZONE•
DATE:
TO:
FROM:
•
STAPP aBPOaT
OCTOBER 1, 1986
PLANNING COMMISSION
PLANNING DEPARTMENT
•
SUBJECT: CUP-215(A)/CUP-224(A)/CUP-226(A)/CUP-250(A) -Request
for approval of four conditional use permit amendments
to modify a condition regarding transfer of ownership at
delicatessens in the P-M zone.
I• RECOMMENDATION
That the Planning Commission APPROVE the Prior Compliance issued
by the Planning Director and ADOPT Resolution Nos. 2610, 2611,
2612 and 2613, APPROVING CUP-215(A), CUP-224(A), CUP-226(A) and
CUP-250(A) based on the findings and subject to the conditions
contained therein.
II. BACKGROUND
conditional use permits have been approved for the operation of
delicatessens at the following locations:
CUP-215
CUP-224
CUP-226
CUP-250
Van Voorhis/Shorter
Choi
Barbie's Lunch Depot
Kim
2151 Las Palmas
2382 Camino Vida Roble
5375 Avenida Encinas
6150 Yarrow Drive
These delicatessens are located in business parks througout the
City and have been in operation for some time without creating
any major problems. Each conditional use permit has a condition
in the approving resolution which reads:
"This approval is granted to (applicant's name) and is not
assignable to others."
Due to the frequent change of ownership at delis, this condition
has resulted in several requests for conditional use permit
amendments, unnecessary expense for applicants, and repetitive
staff work.
Staff is presently recommending that this condition be modified
to permit a transfer of ownership.
III. ANALYSIS
Planning Issues
1) Will the intent of the original CUP's still be
maintained?
2) Will the proposed amendments have a detrimental effect
on surrounding uses?
Discussion
As previously mentioned, four conditional use permits have been
issued for delicatessens in the industrial parks. Recently, two
applications were received by the Planning Department for
conditional use permit amendments to permit a change of
ownership. At the time each conditional use permit was approved,
each permit had a condition which stipulated that the approval
was granted to the applicant and not assignable to a new owner.
This was standard Planning Department practice to ensure that the
new owner was aware of all conditions which he, as the
responsible party, had to abide by.
Because delicatessens frequently change ownership, this condition
has resulted in additional expense for applicants and also a
duplication of staff work. In addition, it has been recently
determined by the Assistant City Attorney (CUP-196(B) Parker,
Montessori School) that approval of a conditional use permit goes
with the land and the use, not the applicant. Adhering to this
policy, CUP-270 (Choi delicatessen) was approved by the
Commission in April, 1985. At that time, this particular
condition was deleted without any resultant problems.
To provide uniformity and to eliminate a superfluous condition,
staff is initiating the following proposal to amend the existing
condition to read:
"At the time of a lease agreement, the property owner or his
agent shall inform any subsequent operator of the take-out
sandwich shop that a conditional use permit exists on the
property and that the new operator must abide by the
conditions of the permit."
This proposal would enable a normal change of ownership to take
place but would still ensure that the new owners were aware of
the conditional use permit as well as the conditions they would
be responsible for.
This maintains the intent of the origial CUP's by requiring the
property owner (who has signed the application) to guarantee that
the conditions of approval are provided and maintained.
Compatibility with surrounding uses will thus continue to be
assured or the CUP will be subject to revocation.
-2-
During the initial review of each CUP, it was determined by staff
that due to the general lack of restaurants in the industrial
parks that delicatessens were desirable for employees in these
areas of the community. The various sites were determined to be
adequate in size and shape to accommodate the uses. The street
systems, as well as the parking, were also determined to be
adequate to handle the traffic generated. To ensure adequate
parking at each site, each delicatessen approval had a condition
stipulating:
•This business shall operate on a take-out basis only, no
tables or chairs shall be provided for the consumption of
food on the premises.•
Basically, all findings for approval of a conditional use were
met and are still in effect.
Staff believes approval of these amendments will eliminate a
needless condition, provide uniformity among the delicatessens
and reduce staff work, therefore, staff recommends approval of
CUP-215(A), CUP-224(A), CUP-226(A) and CUP-250(A).
IV. ENVIRONMENTAL REVIEW
The Planning Director has determined that the environmental
effects of the project described above have already been
considered in conjunction with previously certified
environmental documents and, therefore, has issued a Notice of
Prior Environmental compliance issued on September 20, 1986.
ATTACHMENTS
1) Planning Commission Resolution Nos. 2610, 2611, 2612 and
2613
2) Environmental Document
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PLANNING DEPARTMENT
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2075 LAS PALMAS DRIVE
CARLSBAD, CALIFORNIA 92009-4859
(619) 438-1161
PUBLIC NOTICE OF PRIOR ENVIRONMENTAL COMPLIANCE
Please Take Notice:
The Planning Department has determined that the environmental effects of the
project described below have already been considered in conjunction with
previously certified environmental documents and, therefore, no additional
environmental review will be required and a notice of determination will be
filed.
Project Title: CUP-215(A), CUP-224(A), CUP-226(A), CUP-250(A)
Project Location: Palomar Airport Business Park, Carlsbad Research Center,
industrial park located on Avenida Encinas, south of Cannon Road.
Project Description: Amendment of approved conditional use permits to allow a
transfer of ownership.
Justification for this determination is on file in the Planning Department, 2075
Las Palmas Drive, Carlsbad, CA. comments from the public are invited. Please
submit comments in writing to the Planning Department within ten (10) days of
date of publication.
Dated: September 20, 1986
Case No: CUP-215(A)/CUP-224(A)/
CUP-226(A)/CUP-250(A)
Applicant: City of Carlsbad
Publish Date: September 20, 1986
~BOLZKI~
Planning Director
PC 1