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HomeMy WebLinkAboutAD 02-02; Rubio's Restaurant; Administrative Permits (ADMIN)I2//0 ha City of Carlsbad December 9,2002 Marcus Fischer Ste 300 1902 Wright PI Carlsbad CA 92008 SUBJECT: AD 0242 - RUBIO'S RESTAURANT The Planning Director has completed a review of your application for an Incidental Outdoor Dining Area Permit at 5620 Paseo Del Norte. After careful consideration of the circumstances surrounding this request, the Planning Director has determined that the findings required for granting an Incidental Outdoor Dining Area permit CAN be made and therefore, APPROVES this request based on the following findings and conditions. Findinas: 1. That the project does not encroach into the public right-of-way, interfere with vehicle or pedestrian circulation, or eliminate any existing parking spaces. 2. That the project does not remove or reduce existing landscaping (unless equivalent additional landscaping is provided elsewhere to the satisfaction of the Planning Director). 3. That the project does not present a traffic hazard and is not located in an area deemed incompatible with outdoor dining, in the opinion of the City Engineer, because of the speed volume or nearness of vehicular traffic. 4. That the Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301 (Existing Facilities) of the state CEQA Guidelines. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. Conditions: 1. If any of the foregoing conditions fail to occur, or if they are, by their terms to be implemented and maintained over time, if any 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 1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us @ cc- AD 02-02 RUBIO’S RES. AURANTS December 9,2002 Paqe 2 issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, 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 successor in interest by the City’s approval of this Administrative Incidental Outdoor Dining Area Permit. 2. The Planning Director does hereby APPROVE the INCIDENTAL OUTDOOR DINING AREA PERMIT for the project entitled “RUBIO’S RESTAURANTS,” Exhibit A, dated October 21, 2002 on file in the Planning Department and incorporated by this reference), subject to the conditions herein set forth. Development shall occur substantially as shown on the approved Exhibits. Any proposed development substantially different from this approval, shall require an amendment to this approval. 3. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. The outdoor dining area must comply with the following development standards a. All applicable requirements of the State of California Disabled Access Regulations b. All applicable requirements of the alcoholic beverage commission, if alcoholic beverages are sewed in the outdoor area. 5. The furniture and architecture of the outdoor dining area shall be Consistent with the existing commercial center in terms of color and design and shall be properly maintained. 6. This approval shall become null and void if building permits are not issued for this project within I8 months from the date of project approval. 7. 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 Incidental Outdoor Dining Area 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. 8. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Incidental Outdoor Dining Area Permit .h AD 02-02 RUBIO’S RES I AURANTS December 9,2002 Paae 3 documents, as necessary to make them internally consistent and in conformity with the final action on the project. This decision may be appealed by you or any member of the public to the Planning Commission within ten days of receipt of this letter. Appeals must be submitted in writing to the Planning Commission at 1635 Faraday Avenue in Carlsbad, along with a payment of $440.00 plus noticing costs. The filing of such appeal within such time limit 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 Chris Sexton at (760) 602-4624. Assgtant Planning Director GEW:CS:sn c: Project Engineer Data Entry File Copy November 27,2002 Marcus Fischer Ste 300 1902 Wright PI Carlsbad, CA 92008 SUBJECT: AD 02-02 - RUBIO’S RESTAURANTS Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department . has reviewed your Jncidental Outdoor Dining Area, application no. AD 02-02, as to its completeness for processing. The application is complete, as submitted. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. The City may, in the course of processing the application, request that you clarify, amplify, correct, or otherwise, supplement the basic information required for the application. In addition, you should also be aware that various design issues may exist. These issues must be addressed before this application can be scheduled for a hearing. The Planning Department will begin processing your application as of the date of this communication. Please contact your staff planner, Chris Sexton, at (760) 602-4624, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, Planning Director MJH:CS:sn C: Chris DeCerbo, Team Leader File Copy Data Entry Planning Aide 1635 Faraday Avenue 0 Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us a9 LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION NO. AD 02-02 Planning: None. Engineering: None. ISSUES OF. CONCERN Planning: None. Engineering: 1. Fire: 1. Prior to the issuance of building permits, the applicant shall pay the required sewer connection fee based on the Equivalent Dwelling Units (EDU’s) generated by the outdoor seating. No additional seating is allowed to the proposed area in excess of that presented in the application. The Carlsbad Fire Department shall request revocation of this permit if applicant is found at any time in violation of said permit.