HomeMy WebLinkAbout2002-12-18; Planning Commission; ; CUP 226 BX1 - DELI WISHESle City of CARLSBAD Planning Departmef
A REPORT TO THE PLANNING COMMISSION
Conditional Use Permit Extension
Item No. (D
Application complete date: NIA
P.C. AGENDA OF: December 18, 2002 Project Planner: Michael Grim
Project Engineer: NIA
SUBJECT: CUP 226(B)xl -DELI WISHES -Request for a retroactive extension of CUP
226(B) to allow the continued operation of a delicatessen at 5365 A venida
Encinas in Local Facilities Management Zone 3.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 5217
APPROVING a ten-year extension of CUP 226(B)xl based upon the findings and subject to the
conditions contained therein.
II. INTRODUCTION
This proposed retroactive ten year extension of CUP 226(B) will allow the continued operation
of delicatessen at 5365 A venida Encinas from March 18, 1997 through March 17, 2002.
The applicant has paid for two five-year extensions from March 18, 1997 through March 17,
2007.
III. PROJECT DESCRIPTION AND BACKGROUND
On March 18, 1992, the Planning Commission approved CUP 226(B) to allow the continued
operation of a delicatessen at 5365 Avenida Encinas. Condition No. 3 of the approving CUP
Resolution No. 3366 specifies that CUP 226(B) is granted for a period of eight (8) years and one
(1) month but may be extended upon written application of the permittee (then Salad and
Sandwich Express). The applicant Deli Wishes is requesting a retroactive ten-year extension of
CUP 226(B) to allow the continued operation of a delicatessen at this site.
IV. ANALYSIS
A The delicatessen within the Planned Industrial (P-M) zone continues to be consistent with
all applicable plans, policies and regulations described below:
1. Carlsbad General Plan
2. Local Facilities Management Plan 3
3. Local Coastal Plan (Mello II Segment)
4. Title 21 of the Carlsbad Municipal Code
CUP 226(B)Xl -DELI wliEs
December 18, 2002
Page2
B. The adopted project findings for CUP 226(B), which are contained in Planning
Commission Resolution No. 3366 still apply to this project (CUP 226(B)xl).
C. The adopted project conditions for CUP 226(B), which are contained in Planning
Commission Resolution No. 3366 still apply to this project (CUP 226(B)xl) with the
exception of Condition No. 3 which is amended by Condition No. 4 in Planning
Commission Resolution No. 5217 to retroactively extend CUP 226(B)xl for ten years
from March 18, 1997 through March 17, 2007.
D. No formal written complaints regarding CUP 226(B) have been submitted to the City.
E. Annual reviews have been conducted for CUP 226(B) and the project is in compliance
with all conditions of approval.
F. The extended CUP should be exempted from environmental review per Section 15301,
Existing Facilities of CEQA.
V. ENVIRONMENTAL REVIEW
The Planning Director has determined that this project is exempt from the requirements of the
California Environmental Quality Act (CEQA) per Section 15301, Existing Facilities, of the
State CEQA Guidelines and will not have any adverse significant impact on the environment.
ATTACHMENTS:
1. Planning Commission Resolution No. 5217 (CUP)
2. Location Map
3. Disclosure Statement
4. Planning Commission Resolution No. 3366, dated March 18, 1992
5. Planning Commission Resolution No. 2612, dated October 1, 1986
6. Planning Commission Resolution No. 2088, dated March 9, 1983
MG:cs
DELI WISHES
CUP 226(B)x1
~ity of -Carls:,bad
I :IFl,1,1• ,i·■•l4·ti3i,,i4 ,ii
DISCLOSURE STATEMENT
Applicant's statement or disclosure of certain ownership interests on all applications which will require
discretionary action on the part of the City Council or any appointed Board, Commission or Committee.
The following information MUST be disclosed at the time of application submittal. Your project cannot
be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trus~, recei·;er, syndicate, in this anrl any other county, city z.nd county, city
municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner must be
provided below.
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial
interest in the application. If the applicant includes a corporation or partnership, include the
names, title, addresses of all individuals owning more than 10% of the shares. IF NO
INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-
APPLICABLE (NI A) IN THE SPACE BELOW If a publicly-owned corporation, include the
names, titles, and addresses of the corporate officers. (A separate page may be attached if
necessary.)
X Person ;._£/'JO /(.f. ;),:) 8 (A e,t tl.e~ir
X Title [½)\; ;/
/{61J~ 'f. Address ,<;;5 ctn-u.:.1W Iv . :,;o.1, /1-tv"C S~ L-10 ·zcj b
2. OWNER (Not the owner's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership
interest in the property involved. Also, provide the nature of the legal ownership (i.e,
pannersmp, tenancs ih common, non-prufiL, e;mpu,a,ion, c:Lc.). If the ov,n1er:.hip i,1ch1.:!es a
corporation or partnership, include the names, t1tle, addresses of all individuals owning more
than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES,
PLEASE INDICATE NON-APPLICABLE (NIA) IN THE SPACE BELOW. If a publicly-
owned corporation, include the names, titles, and addresses of the corporate officers. (A separate
page may be attached if necessary.)
'f. Person Lo. 11,,l'!~ /\/1 !I u e /'-U_:) r Corp/Part __________ _
'f-Title ()1{;'{l_&_,t _j Title _____________ _
f Address y(' l_);_ Ct) (.;~f U-1 . Address ____________ _
:57:-; &--) (t·\/'-t!, 'I/Li_ da r /YL('_ fl.,,y'0~_J
OL-11L,,fJb c.d! C-4-721r3
1 635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 @
3. NON-PROFIT o+zATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust. list the
names and addresses of ANY person serving as an officer or director of the non-profit
organization or as trustee or beneficiary of the.
Non Profit/Trust ---------Non Profit/Trust -----------
Title -------------Tit I e _____________ _
Address ___________ _ Address _____________ _
1' 4. Have you had more than $250 worth of business transacted with any member of City staff.
Boards, Commissions, Committees and/or Council within the past twelve (12) months?
[;2fYes D No If yes, please indicate person(s): ______________ _
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge.
LE ,VO t.£ /11 . G LIE R,JZLEIZ. <
)<
Print or type name of owner Print or type name of awilcant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
H :ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2
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PLANNING COMMISSION RESOLUTION NO. 3366
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CI1Y OF CARLSBAD, CALIFORNIA, APPROVING AN
AMRNDMHNT TO A CONDITIONAL USE PERMIT TO ALLOW
TABLES AND CHAIRS AT THE SALAD AND SANDWICH
EXPRESS DELI ON PROPER1Y GENERALLY LOCATED AT
5365 A VENIDA ENCINAS.
CASE NAME: BARBIE'S LUNCH DEPOT
CASE NO: CUP 226(B)
WHEREAS, a verified application has been filed with the City of Carlsbad
and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided by
Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on the 18th day of March, 1992, hold a duly noticed public hearing to
consider said application on property described as:
Parcel 19 of Map No. 11457 in the City of Carlsbad, County
of San Diego, State of California,
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 CUP 226(B).
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
APPROVES CUP 226(B), based on the following findings and subject to the
following conditions:
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• • Findings:
1.
2.
3.
4.
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;
That the site for the intended use is adequate in size and shape to accommodate
the use;
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;
That the street system serving the proposed use is adequate to properly handle all
traffic generated by the proposed use.
Conditions:
1.
2.
3.
Approval of CUP 226(B) is granted subject to all conditions of CUP 226, Planning
Commission Resolution No. 2088, and CUP 226(A), Planning Commission
Resolution No. 2612, incorporated herein by reference and on file in the Planning
Department, except that conditions no's 7 and 12 of Planning Commission
Resolution No. 2088 are replaced by conditions no's 2 and 3 below.
The delicatessen may contain a maximum of five (S) tables and/or ten (10) chair
for the consumption of food on the premises.
This conditional use permit is granted for a period of eight years and one month
from the date of expiration, or from March 9, 1988 to March 18, 1997. This
conditional use permit 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 significant detrimental impact on surrounding properties or the public
health and welfare. If the Planning Director determines that the use has such
significant adverse impacts, the Planning Director shall recommend that the
Planning Commission, after providing the permittee the opportunity to be heard,
add additional conditions to mitigate the significant adverse impacts. This permit
may be revoked at any time after a public hearing, if it is found that the use has
a significant 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 (5) years upon
written application of the permittee made no less than 90 days prior to the
expiration date. In granting such extension, the Planning Commission shall find
that no substantial adverse effect on surrounding land uses or the public's health
and welfare will result because of the continuation of the permitted use. If a
substantial adverse effect on surrounding land uses or the public's health and
welfare is found, the extension shall be considered as an original application for
a conditional use permit. There is no limit to the number of extensions the
Planning Commission may grant.
PC RESO NO. 3366 -2-
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4. Any additional sewer fees required because of the allowance of seating shall be
paid in accordance with City Ordinances.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 18th day of March, 1992, by
the following vote, to wit:
AYES: Chairperson Erwin, Commissioners: Schlehuber, Schramm,
Holmes, Savary, Noble & Hall.
NOES: None.
ABSENT: None.
ABSTAIN: None.
TOM ERWIN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
' ~ MlCHAELJ.HOLZME
PLANNING DIRECTOR
PC RESO NO. 3366 -3-
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•
PLANNING COMMISSION RESOLUTION NO. 2612
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING AN APPROVED CONDITIONAL
USE PERMIT TO ALLOW A SANDWICH SHOP ON PROPERTY GENERALLY
LOCATED IN SUITE BAT 5375 AVENIDA ENCINAS.
APPLICANT: BARBIE'S LUNCH DEPOT/BARBARA PHILLIPY
CASE NO: CUP-226(A)
WHEREAS, a verified application has been filed with the
City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code,
the Planning Commission did, on the 1st day of October, 1986, hold
a duly noticed Public Hearing to consider said application on
property described as:
A portion of Parcel 19, Rancho Agua Hedionda, Lot H, Map
14 8 23.
15: WHEREAS, at said public hearing, upon hearing and
16 considering all testimony and arguments, if any, of all persons
17 desiring to be heard, said commission considered all factors
18 relating to CUP-226 (A).
19 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
20 Commission of the City of Carlsbad as follows:
21 A)
22 B)
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That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing,
the Commission APPROVES CUP-226(A), based on the following
findings and subject to the following conditions:
24 Findings:
25 1)
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The proposed use is necessary and 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 this zone.
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The subject property is adequate in size and shape to
accommodate the proposed use.
All of the yards, setbacks, walls, fences, landscaping and
other features necessary to adjust the requested use to
existing and permitted future uses in the neighborhood will be
provided and maintained.
The street system serving the subject property is adequate to
properly handle all traffic generated by the proposed use.
This project will not cause any significant environmental
impacts and has undergone previous environmental review,
therefore, the Planning Director has issued a Notice of Prior
compliance on September 20, 1986 and approved by the Planning
commission on October 1, 1986.
9 Conditions:
10 1)
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All of the conditions of Resolution 2088, except for Condition
No. 6 are hereby incorporated by reference and shall be
complied with in their entirety.
condition No. 6 shall be amended to read as follows:
At the time of a lease agreement, the property owner or his
agent shall inform any sbsequent operator of the take-out
sandwich shop that a conditional use permit has been issued
for the operation and that the new operator must abide by the
conditions of the permit.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
17 Planning Commission of the City of Carlsbad, California, held on
18 the 1st day of October, 1986, by the following vote, to wit:
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ATTEST:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairman Schlehuber, Commissioners: Marcus,
McFadden, Schramm, McBane & Hall.
None.
Commissioner Holmes.
None.
~ "J.I. ~
CLARENCE SCHLEHUBER, Chairman
CARLSBAD PLANNING COMMISSION
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27 ;~""'-u=~...:::. :::;;:_·,::;_;;;-=---"";?f~~..;:::0:..../, .... """' __ ~~--------:r'-+,~-~---'-
MICHAEL J. HOLZMILLER
28 \ Planning Director
PC RESO NO. 2612 -2-
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7 City of
PLANNING COMMISSION RESOLUTION NO. 2088
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW A SANDWICH SHOP
ON PROPERTY GENERALLY LOCATED AT SUITE B,
5375 AVENIDA ENCINAS.
APPLICANT: BARBIE'S LUNCH DEPOT/BARBARA PHILLIPY
CASE NO: CUP-226
WHEREAS, a verified application has been filed with the
Carlsbad and referred to the Planning Commission; and
8 WHEREAS, said verified application constitutes a request
9 as provided by Title 21 of the Carlsbad Municipal Code; and
10 WHEREAS, pursuant to the provisions of the Municipal Code,
11 the Planning Commission did, on the 9th day of March, 1983, hold a
12 duly noticed public hearing to consider said application on
13 property described as:
14 A portion of Parcel 19, Rancho Agua Hedionda,
Lot H, Map 823.
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WHEREAS, at said 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 CUP-226.
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.
B) That based on the evidence presented at the public hearing, the
22 Commission approves CUP-226, based on the following findings
and subject to the following conditions:
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Findings:
1) The proposed use is necessary and desirable for the development
25 of the community, is essentially in harmony with the various
elements and objectives of the General Plan, and is not
26 detrimental to existing uses or to uses specifically permitted
in this zone.
27 2) The subject property is adequate in size and shape to accom-
28 modate the proposed use.
1 3)
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All of the yards, setbacks, walls, fences, landscaping and
other features necessary to adjust the requested use to
existing and permitted future uses in the neighborhood will be
provided and maintained,
The street system serving the subject property is adequate to
properly handle all traffic generated by the proposed use.
The project will not cause any significant environmental
impacts and a Negative Declaration has been issued by the Land
Use Planning Manager on February 12, 1983 and approved by the
Planning Commission on March 9, 1983.
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General Conditions:
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Approval is granted for CUP-226 as shown on Exhibit "A", dated
February 7, 1983, incorporated by reference and on file in the
Land Use Planning Office. Development shall occur substan-
tially as shown unless otherwise noted in these conditions.
Approval of this request shall not excuse compliance with all
sections of the zoning Ordinance and all other applicable City
ordinances in effect at time of building permit issuance.
At the time of building plan review, the applicant shall
present a set of floor plans to the Engineering Department.
They shall determine the increase in sewer capacity (if any)
required by the change in use. The applicant shall pay for
any additional capacity required prior to the issuance of a
building permit.
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Any signs proposed for this development shall be designed in
conformance with the City's Sign Ordinance and shall require
review and approval of the Land Use Planning Office prior to
installation of such signs.
The hours of operation of the proposed sandwich shop shall be
6:00 a.m. to 6:00 p.m., Monday through Friday.
This approval is granted to Barbara Phillipy and is not
assignable to others.
This business shall operate on a take-out basis only, no
tables or chairs shall be provided for the consumption of food
on premises.
Three parking spaces adjacent to Suite B shall be reserved for
the exclusive use of the proposed sandwich shop.
No ovens or grills shall be allowed on the premises, except
for microwave ovens for heating up sandwiches.
28 PC RESO NO. 2088 2.
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The sandwich shop shall be confined to the 735 square-foot
area shown on Exhibit "A".
Advertisements for the proposed sandwich shop shall emphasize
that it is a take-out sandwich shop and suggest that
potential customers phone in their orders ahead of time.
This conditional use permit is granted for a period of five
years. This conditional use permit shall be reviewed by the
Land Use Planning Manager on a yearly basis to determine if
all conditions of this permit have been met and that the use
does not have a significant detrimental impact on surround-
ing properties or the public health and welfare. If the Land
Use Planning Manager determines that the use has such signif-
icant adverse impacts, the manager shall recommend that the
Planning Commission, after providing the permittee the
opportunity to be heard, add additional conditions to mitigate
the significant adverse impacts. This permit may be revoked
at any time after a public hearing, if it is found that the
use has a significant detrimental affect 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 not less than 90
days prior to the expiration date. In granting such exten-
sion, the Planning Commission shall find that no substantial
adverse affect on surrounding land uses or the public's health
and welfare will result because of the continuation of the
permitted use. If a substantial adverse affect on surrounding
land uses or the public's health and welfare is found, the
extension shall be considered as an original application for a
conditional use permit. There is no limit to the number of
extensions the Planning Commission may grant.
PC RESO NOo 2088 3.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
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Planning Commission of the City of Carlsbad, California, held on
the 9th day of March, 1983, by the following vote, to wit:
ATTEST:
AYES:
NOES:
Chairman Schlehuber, Commissioners Marcus,
Rombotis, Farrow, Jose, Friestedt and Rawlins.
None.
ABSENT: None.
ABSTAIN: None.
•
CLARENCE SCHLEHUBER, Chairman
CARLSBAD PLANNING COMMISSION
LAND USE PLANNING MANAGER
PC RESO NO. 2088 4.
•
STAFF REPORT
DATE: MARCH 18, 1992
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
SUBJECT: CUP 215(B)JCUP 226(B)/CUP 2S0(B)JCUP 270(A)JCUP 301 (A)ICUP 88-
19(A) -INDUSTRIAL DEil SEATING -Request for amendments to six
existing Conditional Use Permits to remove the restriction prohibiting tables
and chairs within six delicatessens in the P-M zone.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No's. 3365,
3366, 3367, 3368, 3369, and 3370, APPROVING CUP 21S(B), CUP 226(B), CUP
2S0(B), CUP 270(A), CUP 301(A), and CUP 88-19(A), based on the findings and
subject to the conditions contained therein.
II. PROJECT DESCRIPTION AND BACKGROUND
This project is a City-initiated request to amend six existing Conditional Use Permits for
delicatessens in the P-M zone to allow seating for the consumption of food on the premises.
The six delicatessens were allowed by CUP between 1982 and 1989 and have been
operating without incident since opening. The approving resolutions for these conditional
uses state that no tables or chairs for the consumption of food on the premises are allowed.
This condition was intended to avoid potential parking impacts that were anticipated if
seating was allowed, likening the industrial delicatessens to restaurants.
Since these delicatessens have been operating, staff has monitored their operations,
including parking impacts, and has found that the original assessment of parking
requirements for industrial delicatessens was not accurate. Based upon numerous visits to
the variety of delicatessens within the Planned Industrial area, staff found that the
delicatessens with seating actually encouraged walk-in patronage more than their "take-out
only'' counterparts. The patron who could eat at the delicatessen was more apt to walk,
whereas the take-out patron was more apt to drive up, purchase their food, and eat in their
vehicle or drive away.
• CUP 215(B)/CUP 226(B)/CUP 250(B)/CUP 270(A)/CUP 30l(A)/
CUP 88 19(A) -lNDUSTRIAL DEU SEATING
MARCH 18, 1992
PAGE 2
The limited seating provided by delicatessens in these areas is used on a more casual basis
than restaurant seating. Parking deficiencies do not result from the addition of limited
seating to delis in such industrial areas because patronage tends to be limited to employees
of the surrounding uses and more food is sold on a "take-out" basis. Given this newly
evaluated situation, staff began pursuing a comprehensive amendment to the pertinent
conditional use permits to allow a limited number of seating for the consumption of food
within the delicatessen. Since this action is a Conditional Use Permit Amendment, the date
of expiration of all six delicatessens is being amended to five years from the date of this
approval, or March 18, 1997.
ill. ANALYSIS
1. Given the requested amendments, can the four findings required for a Conditional
Use Permit still be made? Namely,
a) That each deli 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 deli is located;
b) That the site for each deli 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 each deli to existing or permitted future uses in the
neighborhood is provided and maintained;
d) That the street system serving each deli is adequate to properly handle all
traffic generated by each deli. •
DISCUSSION
1. Desirability and Harmony of Use
The delicatessens in the industrial area serve a large lunchtime clientele, and provide a
• needed service to an area void of alternative eating establishments. Allowing tables and
chairs gives the walking patron the opportunity to eat at the delicatessen, providing
convenience to the customers. This is consistent with one of the goals of the Land Use
element of the General Plan, which is to "generate the development of commercial
enterprises that support local industries ... ". The Circulation element requires that
commercial development provide adequate parking. As mentioned previously, tables and
chairs in a delicatessen actually promote walk-in patronage, assuring adequate parking and
·--CUP 215(8)/CUP 226(8)/CUP 250(8)/CUP 270(A)/CUP 301(A)/
CUP 88 19(A) -INDUSTRIAL DELI SEA TING
MARCH 18, 1992
PAGE 3
eliminating any dettimental effects to surrounding uses. Therefore, by providing food
service to the large employment base of the industrial area while not impacting parking,
the delicatessens remain in harmony with the General Plan and are not detrimental to
existing or future uses.
2. Adequacy of Site in Size and Shape
Based upon several field investigations, industrial delicatessens with seating for food
consumption generate less automobile traffic than those without seating, primarily because
of the ability of the customer to walk in and stay to eat. The six delicatessens proposed
for amendments have operated with tables and chairs for some time and no adverse
impacts to parking have resulted. Since the proposed amendments do not require
expansion or further improvement of any site, the sites are still adequate in size and shape
to accommodate the delicatessens.
3. Features Necessary to Adjust Use
As discussed above, the delicatessens are currently operating in a manner compatible with
the surrounding uses. Since the proposed amendments do not necessitate any additional
improvements, all yards, setbacks, walls, fences, landscaping, and other features necessary
to continue to adjust the delicatessens to existing and future uses in the neighborhood have
been provided and maintained.
4. Adequacy of Street System
Since the allowance of tables and chairs promotes pedestrian traffic, the proposed
amendments should maintain the existing traffic generation rates of the delicatessens. The
existing street systems serving the delicatessens currently operate above standards and will
continue to be adequate to accommodate all traffic generated by the delicatessens.
IV. APPUCA8ll11Y
This amendment proposes to allow limited seating with delis only in the PM Zone because
of the special use characteristics which apply to these areas (namely tendency for patrons
to be employees within walking distance; high volume of "take-away'' food sales).
V. ENVIRONMENTAL REVIEW
Since the proposed amendments do not significantly alter the originally approved uses or
their impacts, the Planning Director has determined that the environmental effects of the
projects have already been considered in conjunction with previously certified
environmental documents. A Notice of Prior Environmental Compliance, therefore, will be
issued for all Conditional Use Permit amendments.
e e,
CUP 215(B)/CUP 226(B)/CUP 250(8)/CUP 270(A)/CUP 301(A)/CUP 88 l 9(A) -
INDUSTRIAL DELI SEATING
MARCH 18, 1992
PAGE4
SUMMARY
This amendment would only allow limited seating for delis in the PM Zone. Considering
that all findings required for a Conditional Use Perm.it can still be made for each
delicatessen, staff recommends that the Planning Commission approve the requested
amendments conditionally allowing tables and chairs within delis in the planned industrial
area.
ATI ACHMENTS
1. Planning Commission Resolution No. 3365
2. Planning Commission Resolution No. 3366
3. Planning Commission Resolution No. 3367
4. Planning Commission Resolution No. 3368
5. Planning Commission Resolution No. 3369
6. Planning Commission Resolution No. 3370
7. Location Maps
8. Disclosure Statements.
February 11, 1992
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LAS MUMS DR ■
SITE_.-,,
VAN VOORHIS/SHORTER CUP 215(8)
BARBIE'S LUNCH DEPOT CUP 226(8)
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ROAD
CAMINO YIOA
City of Cartsba~
LLOYD KIM CUP 250(8)
City of Cartabd
CHOI SANDWICH SHOP CUP 270{A) .
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STARVIN' MARVIN'S
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City ot Cariau~
CUP 301(A)
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MISSION WEST DELI CUP 88-19(A)
-Cit of Carlsbad
A
DISCLOSURE STATEMENT
APPUCANrS STATEMENT OF OISCLOSURE OF CERTAIN OWNERSHIP INTE~ESTS ON AU. APPLICATIONS
WHICH WILL ~EQUIRE OISCRETlONAAY ACTION ON lriE PAAT OF i'l-4E CliY COUNCIi. OR ANY APPOINT~O
BOA~O. COMMISSION OR COMMl'T'TiE.
rPtease Prinr)
The following information must be disclosed:
1 .
2.
' 3.
4.
Applicant
List the names and addrtSNs of all persons having a financial interest in the application. '3~ L ,· r v· Df: LI
Owner
If any person identified pursuant to (1) or (2) above ii a corporation or partnership, list the names <
addressa of ID indlviduail owning more than t 0% of the INIIN in u,e corporation or owning any partners
interest in the partnership.
If any person identified punuant to (1) or (2) abOYe ii a non-profit organization or a truat. list the names
addreSMS of Inf peraon NNing II offtcer or director of u,e non-profit organiZation or u trust•• or cenatic
of the truat.
Disdosur• Statement Page 2
5. Have you had more than S2SO worth of businesa transacted with any member of City staff. :ca~::
Commissions, Committees and Council within the past tweNe months?
Yes _ No _£ 11 yes, please indicate person(s) ___________________ _
~enon is defined as: 'Arry individua. firm, copannersnip, joint ~enture, associatio,,. social clue. fraterra.1
orgar11zat10n. corporation. Nlate, trua receiver. syndicate, tnia and arry oU'let county, city and county. c-:r;
municipality, diStria Ot cxtler po0tica subdivisKln, 0t arry other group Ot combination acting as a unrt.'
(NOTE: Attach additionat pages as necessary.)
Tl-I Q /V1 J1 s u) ' I<-~) s -;-I:__:_ I:::_ I
Print or type name of owner
Signature of applicant/date
Print or type name of applicant
-c· It of ~arlsbad
0ISCLOSUFIE STATEMENT
APPUCANrS STATEMENT OF 0ISCLOSU~E OF CERiAlN OWNE~S1-➔IP INT'E~ESTS ON ALL APPWCATIONS
WHICH WI~ ~EQUl~E OISC~ETIONAAY ACTION ON n-ie PAAT OF n-ie Cl'TY COUNCIL. oi:. ANY APPOINi-J
90Ai:10. COMMISSION 01=1 COMMrrrEE. i:
rPtease Print)
The following information must be disclosed:
1 . Applicant
• ns having a financial interest in the application.
c,e,~~0:£ C: A
2. Owner
List the names and addresses of all persons having any ownership interest in the property involved.
27\3-yiA
3. If any person identified purtuant to (1) or (2) lbeve is a co,poration or partnership, list the names a
addresses of ail indlviduall owning more than 10'Wa of the sharN in U"le corporation or owning any panners
interest in the partnersnip.
4. If any person identified pursuant to (1) or (2) above ia a non-profit organiZation or a trust, list the names ,
addre .... of ll'IY per10n MNtng aa offlcer o, dirldOt of the non-profit organiZation or u trust•• or cenetic:
of the trust .
(Over)
0isciosur• Statement Page 2
s. Have you nad more than $250 worth of busintSI transacted with any member of C;ty statf. :ca~::
Commissions, Committees and Councd within the past twelve months?
Yes _ No 2t. If yes, pleau indicate person(s) ___________________ _
l='erson iS defined as: 'Arrv individual. firm, copartnersnip, joint venture, assoc:1atiOM, socia, club. traterna.1
organa.zatiOn, cocporation, estate, tNSC. receN«, syndicate, ttiia and 1/'ff other ccunty, err, and county, c-:r,
munieipalily, dislrict 0t octMW politica subdivision. 0t any 01her group 0t combinatic.-acting as a unrt.'
(NOTE: Attach additional pages as necessary.)
Signature of Owner/date N.. 'f\Jcv\, L. "'-
Print or type name of owner
Signature of applicant/date
Print o, type name of· applicant
-Cit of ~arlsbad
DISCLOSURE STATEMENT
AP~UCANrS STATEMENT OF OISCLOSURE OF CERTAJN OWNErlSrflP INTiRESTS ON~ APPUCATIONS
WHICH WILL l=IEQUIRE OISCAETIONAAY ACTION ON n;e PART OF Tl-IE CITY COUNCIL.. OR ANY APP0IN--o
90AF!O, COMMISSION OR COMMITT'EE. 1 c
(Please Print)
Toe following information must be disclosed:
1 .
~ the names and addresses of aH persons having a financial interest in the application.
~Lph() AfL ha.<,; b I C'¢ y',Hz-~2> c.Oci) R,, "c:._1•
2. Owner
List the names and addresses of all persons having any ownership interest in the property _2vo1ved.
f!:~\t: ~~r:t3:tt:tt:; :ft.~ ~tfi~~.;: A~
3. If any person identiftec:I punuant to (1) or (2) above ii a corporation or partnership, list the names a
addressea of all indlvidua ownif1Q more tnan 1 o,r. of tne .,,... in tne corporation or owning any partnersr
interest in tn1 partnership.
4. If any person identifled pu,sun to (1) or (2) above ii a non-profit organiZatlon or a trust. list tht names a
addr ..... of any peraon MNing u offlcet or director of u,e non-profit or;aniZation or u trust•• or cenetic:,
of the truat.
(Over)
Oisctosur• Statement Page 2
s. Have you had more than S2SO wcrth of busineu transacted with any member of C;ty staff. :ca~::
Comm,ssioris. Committees and Council within the past twelve months?
Yes _ No .J::::::: If yes. please indicate person(s) ___________________ _
?erson iS defined u: 'Any individual, firm. copannersriip, joint venture. association, social ct1Jb. traterrai
organization, corporation. estate, tTUSI. receiver, syndicate, tnil and any other counry, ctty and county, c-:r;
municipality. diStrict rx other political subdivi$0n, rx arry other group or combination acting as a u,:,rt.•
{NOTE: Attach additional pages as necessary.)
Signature of applicant/date
--dA:"1 E~ 01, g J, m ~e u !-n g C)
Print or type name of owner Print or type name of applicant
-Cit of Carlsbad
DISCLOSURE STATEMENT
APi=ucANrS STATEMENT OF 0ISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON AU. ~PUCAT1Cr<.S
WHICH WIU. FIEQUIRE 0ISCRETIONAAY ACTION ON THE PAAT OF THE CITY COUNCIL. OR ANY APPOIN'7-:--,
8OAR0. COMMISSION OR COMMITI"EE. e.-1
1P1ease Print)
7ne ~cl!owing information must be disclosed:
, . Applicant
drlSS!,S of all persons having a flnancia! interest in the application.
2. Owner
List the names and addresses of aJI persons having any ownership interest in the property involved.
'fo;.; q I¾ &Av
3. If any person identified pursuant to (1) or (2) above is a corporation o, partnership, list the names
addresses of aH indtviduall owning fflCfl u,an 1 °" of the snatN in the corporation or owning any partner~
interest in the partn.,.;,ip.
4. If any person identified pursuant to (1) or (2) above ia a non-profit organiZation or a trust, list the names
addrtSHI of any peraon se,w,g u offlcet or director of the non-profit organiZatiOn or u trust•• or cenefic
of the trust.
0isciosur• Statement Page 2
5. Have you had more tnan $250 worth of businesa transacted with any member of C;ty staff. =~a-::
Commissions, Committees and Council within the past twelve months?
Yes _ No ~ 11 yes. please indicate person(s) ___________________ _
Person iS defined as: 'Arrv individu., firm. copattnership, joint venture. association. social ctuc. iraterrai
organization. corporaion. ecate, tNSl. receiver, syndieale, tnil and atTy other courny, cir-, and county, c-:r;
municipality. distria 01 ocner i:,olitical subdrv,s,on. 01 arry other group 01 combination acting as a unit.'
(NOTE: Attach additional pages as nee~ .. ary.)
Signature of applicant/date
Print or type name of owner Print or type name of applicant
Cit of -Carlsbad
DISCLOSU~E STATEMENT
APPUCANTS STATEMENT OF OISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON AU APPUCA'nCNS
WHICH WI~ ~EQUIRE OISCRETlONAAY .ACTION ON ™E PAAT OF ™E CITY COUNCIL. OR ANY .APPCINi-:,
8CARO. COMMISSION OR COMMIT'icE. i::.
'Ptease.Pr1nr)
The fellowing information must be disclosed:
l .
2.
Applicant
List the names and addresses of all persons having a financiaj interest in the application.
t'v1.g, t M&?: So. ... v ffiJ?M-M-Ne"-22-, S
\\go CA--~ "t;::>w, C.e, a-e
Owner
List the names and addresses of au persons having any ownership interest in the property involved.
Sact::::9:: Ao.,.. A-r a :S
J. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names
addresses of all individuals owning more than 10"8 of the sharN in the corporation or owning any partner:
interest in the partnership.
4. If any person identified pursuant to (1) or (2) above ii I non-profit organiZation or I trust. list the names
addresses of any person MNing II offlcat or dirldot of u,e non-profit organiZation or u trust•• or ceneti,
of the trust.
Oisdosur• Statement Page 2
:: Ha-.e you. had more than $250 worth of busineu transacted with any member of City staff. :::a·::
Comm1ss10ns, Committees and C<>uncil within the past twelve months?
Yes _ No ,,.X.. tf yes. please indicate person(s) _______ ~------------
l=lerson iS defined as: 'Arry individuai, firm. copartnerstiip, joint venture, association. social clue. fraterra.i
orgar11zat1on. corporation, astatl, tNSt. receiver. syndical, thil and arty otner coonty. cf'r-( and county. -:-:r;
municipality, distlid Of other political sutx:1i'w1Si0n. °' arty other group or combination acting as. a unrt. •
(NOTE: Attach additionaJ pages as necessary.)
S99NC
Signature of applicant/date
-Print or type n'ame of owner Print or type name of applicant
Cit of -Carlsbad
DISCLOSURE STATEMENT
APPUCANTS STATEMENT OF OISCLOSUf:lE OF CERTAIN OWNERSHIP INTERESTS ON AU. APPUCATICNS
WHICH WIU. F!EQUIRE DISCRETIONARY ACTION ON n-ie PAAT OF n-ie CliY COUNCIL OR ANY APPOINTEJ
SOA.C:;O, COMMISSION OR COMMITTEE.
(Please Print)
The fellowing information must be disclosed:
, '
2.'
Applicant
List the names and addresses of all persons having a financiaJ interest in the application.
/:If: PLrlC~ 0~
<':7 ti,--V < {-I-..v '-tr , c ~ 7 , t..--z.>
Ct+rh >i:i ao Cat • 41.caf
Owner
List the names and addresses of all persons having any ownership interest in the property involved.
c:t?fN Ol4r A ,,,,.._,
3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list tht names a
addresses of aJI indlviduaJI owning more than 1 °" of the sharN in the corporation or owning any partners:
interest in the partnership.
4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names c
addresses of any person NIVing u officer or director ot the non-profit organiZatiOn or as trustee or cenetlc:
of the trust
• 1
Disciosur• Statement Page 2
5 Have you had more than S2!0 worth of business transacted with any member of City staff. 2ca,::
Commissions. Committees and Council within the past twelve months?
Yes _ No -,._ tf yes. please indicate person(s) ___________________ _
Person iS defined as: 'Any individuaj, firm, copartnership, joint venture, association. social club. traterr:ai
organi.Zation, corporation, estate, trust. receiver, syndicate, tnis and arty otl'ler county, city and county. c':ty
municipality, district or aerier politieaJ subdivision, or arty other group or combination acting as a ~nrt. •
(NOTE: Attach additional pages as necessary.)
/~--~~ ~ /4 Signature of Own r/date Signature of applicant/date
Print or type name of owner Printor type name of applicant