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Home My WebLink AboutCUP 213x4; Village Kitchen & Pie Shoppe; Conditional Use Permit (CUP)CITY OF CARLSBAD LAND USE REVIEW APPLICATION APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPARTMENT USE ONLY) (FOR DEPARTMENT USE ONLY) Administrative Permit Administrative Variance Coastal Development Permit Conditional Use Permit I | Condominium Permit Environmental Impact Assessment General Plan Amendment Hillside Development Permit Local Coastal Program Amendment Master Plan Non-Residential Planned Development Planned Development Permit Planned Industrial Permit Planning Commission Determination Precise Development Plan Redevelopment Permit Site Development Plan Special Use Permit Specific Plan Tentative Parcel Map Obtain from Engineering Department Tentative Tract Map Variance Zone Change List other applications not specified 2) 3) 4) ASSESSOR PARCEL NO(S).: PROJECT NAME: aLQ5.-a7Q~3c.t3i) BRIEF DESCRIPTION OF PROJECT: 5) OWNER NAME (Print or Type) Forest Fisher MAILING ADDRESS 1417 Antigua Way CITY AND STATE ZIP TELEPHONE Newport Beach, Ca. 92660 I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE 6) APPLICANT NAME (Print or Type) Village Kitchen & Pie Shoppe MAILING ADDRESS 950 Tamarack Ave. CITY AND STATE ZIP TELEPHONE Carlsbad, CA 92008 760-729-9414 I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE CORRECT TO THE BEST OF MXKNOWLEDGE., *n, U- f< r> & oUUj (JIW1JMO& 12/2//04 THE AND SIGNATURE DATE 7) BRIEF LEGAL DESCRIPTION NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. Form 14 CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) n ' — APPLICATIONS APPLIED FOR: (C Administrative Permit Administrative Variance Coastal Development Permit Conditional Use Permit Condominium Permit Environmental Impact Assessment General Plan Amendment Hillside Development Permit Local Coastal Program Amendment Master Plan Non-Residential Planned Development Planned Development Permit 2) ASSESSOR PARCEL NO(S).: 3) PROJECT NAME: :HECK BOXES) (FOR DEPARTMENT USE ONLY) — Planned Industrial Permit Planning Commission Determination Precise Development Plan Redevelopment Permit Site Development Plan Special Use Permit Specific Plan Tontativo Parcel Map Obtain from Engineering Department Tentative Tract Map Variance Zone Change List other applications not specified (FOR DEPARTMENT USE ONLY) V/ Hcuie, K'ltcJaen^ Pi& 6hooo-e^ 4) BRIEF DESCRIPTION OF PROJECT: ^^Ol/x/ftn CrpCLLjP 5) OWNER NAME (Print or Type) Forest Fisher MAILING ADDRESS 1417 Antigua Way CITY AND STATE ZIP TELEPHONE Newport Beach, Ca. 92650 I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE ' 6) APPLICANT NAME (Print or Type) Village Kitchen & Pie Shoppe MAILING ADDRESS 950 Tamarack Ave. CITY AND STATE ZIP TELEPHONE Carlsbad, CA 92008 760-729-9414 I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE CORRECT TO THE BEST OF MX. KNOWLEDGE./ /? 1 f 1 _ _^fc./ // fs~\ t 1 l-S /-* /2t r-A jf^f / (Jl^W^JLttu^ 12/23/04 THE AND SIGNATURE DATE 7) BRIEF LEGAL DESCRIPTION NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. Form 14 8) LOCATION OF PROJECT: ON THE BETWEEN Northeast corner STREET ADDRESS SIDE OF (NORTH, SOUTH, EAST, WEST) AND (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 1 0) PROPOSED NUMBER OF LOTS 13) TYPE OF SUBDIVISION 1 6) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 19) GROSS SITE ACREAGE 22) EXISTING ZONING 11) NUMBER OF EXISTING RESIDENTIAL UNITS 14) PROPOSED IND OFFICE/ SQUARE FOOTAGE 17) PROPOSED INCREASE IN ADT 20) EXISTING GENERAL PLAN 23) PROPOSED ZONING Tamarack Avenue (NAME OF STREET) Pio Pico (NAME OF STREET) 12) PROPOSED NUMBER OF RESIDENTIAL UNITS 15) PROPOSED COMM SQUARE FOOTAGE 1 8) PROPOSED SEWER USAGE IN EDU 21) PROPOSED GENERAL PLAN DESIGNATION 24)IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE •r\S\ j SIGNATURE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE TOTAL FEE REQUIRED FEE REQUIRED RECEIVED JAN 0 3 2005 CITY OF CARLSBAD RECEIVED BY: Form 14 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: VILLAGE KITCHEN & PIE SHOPPE Description CUP213X4 Amount 685.00 Receipt Number: R0047263 Transaction Date: 01/03/2005 Pay Type Method Description Amount Payment Check 8995 685.00 Transaction Amount: 685.00 8819 01/03/05 0002 01 02 CC3F"685.00 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 (R0049151 ) Applicant: VILLAGE KITCHEN & PIE SHOPPE Description Amount CUP213X4 22.20 Receipt Number: R0049151 Transaction ID: R0049151 Transaction Date: 04/11/2005 Pay Type Method Description Amount Payment Check 9186 22.20 Transaction Amount: 22.20 5773 04/11/05 0002 01 02 CGP 22-20 City of Carlsbad Planning Department 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. cannot be reviewed until this information is completed. Please print. Your project Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and 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 (N/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.) Person Annete Bradley Title President Corp/Part Title face Executive Vice Preaident- Address 514 P±Ta Vista, Ca. 92083 T.nnHw Escondido. CA 92029 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, partnership, tenants in common, non-profit, corporation, etc.). If the ownership 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 (N/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.) Person_ Title Forest Fisher Owner Corp/Part_ Title 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us 3. NON-PROFIT ORGANIZATION 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 Title Address Address 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? dl Yes iocl 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. ^ _Signature of owner/date Signature of applicant/date Forest Fisher _ Annette Bradley Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent PROJECT REVIEW On April 11, 2006. CUP 213x4. Village Kitchen Pie Shoppe. was reviewed for compliance with the conditions contained therein. XI The project was found to be in compliance with all of the conditions of Resolution No. 5862 and no further action was taken. COMMENTS: Signed Bobbie Hoder Data Entry CARLSBAD FIRE DEPARTMENT Fire Protection Services PLAN REVIEW REPORT PROJECT NAME: Village Kitchen and Pie Shoppe Date: 01/27/05 Project number: CUP 213x4 Staff Planner: C. Sexton Engineer: Initial review: (Note: This report identifies fire protection issues associated with the project, and/or prescribes specific corrections or information needed to achieve Fire Department approval.) Fire Department has no comments or conditions regarding this application. GR CITY OF CARLSBAD ENGINEERING DEPARTMENT LAND USE REVIEW January 20, 2005 TO: Chris Sexton - Planning Technician FROM: David Rick - Assistant Engineer COMPLETENESS REVIEW PROJECT ID: CUP 213X4 VILLAGE KITCHEN AND PIE SHOPPE The Engineering Department has completed its review of the above referenced project for application completeness and has determined that the application and plans submitted for this project are complete and suitable for continued review. Engineering staff does not have any comments to add to the project. Please add the following conditions to the approving resolution/letter: 1. Within 6 months of approval of this Conditional Use Permit extension, developer shall submit and receive approval for a Storm Water Management Plan (SWMP) to the City of Carlsbad Engineering Department. This project qualifies as a "priority project" as defined by California Regional Water Quality Control Board San Diego Region Order No. 2001-01 and the City Standard Urban Storm Water Mitigation Plan, and therefore, the project is required to capture and reduce pollutants to a level of insignificance. The organization and content of the SWMP shall be prepared in accordance with the guidelines established by the City of Carlsbad. The SWMP shall address the anticipated pollutants of concern associated with the Project. The SWMP shall also suggest the type(s) of post- construction (structural) Best Management Practices (BMP's) required to capture and filter said pollutants of concern. 2. Prior to the next annual review of this Conditional Use Permit, developer shall have constructed the necessary BMP measures necessary to capture and filter the anticipated pollutants of concern associated with the project in accordance with the SWMP and the latest California National Pollutant Discharge Eliminate System (NPDES) permit. If you or the applicant has any questions regarding the above, please either see or call me at extension 2781. Sck Assistant Engineer - Public Works Department, Development Services Division H:\LIBRARY\ENG\WPDATA\MISC\COMPREV fi City of Carlsbad Planning Department January 31, 2005 Village Kitchen & Pie Shoppe 950 Tamarack Ave Carlsbad CA 92008 SUBJECT: CUP 213x4 - VILLAGE KITCHEN & PIE SHOPPE Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your Conditional Use Permit Extension, application no. 213x4, 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, DON NEU Assistant Planning Director DN:CS:aw c: Van Lynch, Team Leader David Rick, Project Engineer File Copy Data Entry Planning Aide 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us City of Carlsbad Planning Department February 11, 2005 Forest Fisher 1417 Antigua Wy Newport Beach CA 92660 SUBJECT: CUP 213x4 - VILLAGE KITCHEN & PIE SHOPPE Your application has been tentatively scheduled for a hearing by the Planning Commission on April 20, 2005. However, for this to occur, you must submit the additional items listed below. If the required items are not received by April 5, 2005, your project will be rescheduled for a later hearing. In the event the scheduled hearing date is the last available date for the City to comply with the Permit Streamlining Act, and the required items listed below have not been submitted, the project will be scheduled for denial. 1. As required by Section 65091 of the California Government Code, please submit the following information needed for noticing and sign the enclosed form: A) 600' Owners List - a typewritten list of names and addresses of all property owners within a 600 foot radius of the subject property, including the applicant and/or owner. The list shall include the San Diego County Assessor's parcel number from the latest equalized assessment rolls. B) Mailing Labels - two (2) separate sets of mailing labels of the property owners within a 600 foot radius of the subject property. The list must be typed in all CAPITAL LETTERS, left justified, void of any punctuation. For any address other than a single-family residence, an apartment or suite number must be included but the Apartment, Suite and/or Building Number must NOT appear in the street address line. DO NOT type assessor's parcel number on labels. DO NOT provide addressed envelopes - PROVIDE LABELS ONLY. Acceptable fonts are: Arial 11 pt, Arial Rounded MT Bold 9 pt, Courier 14 pt, Courier New 11 pt, and MS Line Draw 11 pt. Sample labels are as follows: UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt #3 Carlsbad, CA 92008 UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave. Apt. #3 Carlsbad, CA 92008 ACCEPTABLE MRS JANE SMITH APT 3 123 MAGNOLIA AVE CARLSBAD CA 92008 D) Radius Map - a map to scale, not less than 1" = 200', showing all lots entirely and partially within 600 feet of the exterior boundaries of the subject property. Each of these lots should be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ' CUP 213X4 - VILLAGE SfclHEN & PIE SHOPPE February 11, 2005 Page 2 E) Fee - a fee shall be paid for covering the cost of mailing notices. Such fee shall equal the current postage rate times the total number of labels. Cash check (payable to the City of Carlsbad) and credit cards are accepted. Sincerely, CHRIS SEXTON CS:bd Attachment I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. APPLICATION NAME AND NUMBER CUP 213X4 VILLAGE KITCHEN & PIE SHOPPE APPLICANT OR APPLICANT'S REPRESENTATIVE BY: DATE: - RECEIVED BY DATE: 5/30/05" ^~~ l^r City of Carlsbad Planning Department March 29, 2005 Annette Bradley 950 Tamarack Ave Carlsbad CA 92008 SUBJECT:CUP 213x4 - VILLAGE KITCHEN AND PIE SHOPPE The preliminary staff report for the above referenced project will be mailed to you on Wednesday, April 6, 2005. This preliminary report will be discussed by staff at the Development Coordinating Committee (DCC) meeting which will be held on April 11, 2005. A twenty (20) minute appointment has been set aside for you at 9:00. If you have any questions concerning your project you should attend the DCC meeting. It is necessary that you bring your required unmounted colored exhibit(s) with you to this meeting in order for your project to go forward to the Planning Commission. Your colored exhibits must be submitted at this time to ensure review by the Planning Commission at their briefings. If the colored exhibits are not available for their review, your project could be rescheduled to a later time. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) here by the scheduled time above. If you need additional information concerning this matter, please contact your Planner, Chris Sexton at (760) 602-4624. Sincerely, DON NEU Assistant Planning Director DN:CS:bd c: '/File Copy David Rick, Project Engineer Forest Fisher, 1417 Antigua Way, Newport Beach CA 92660 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us FILE COPY City of Carlsbad Planning Department PLANNING COMMISSION NOTICE OF DECISION April 27, 2005 Village Kitchen & Pie Shoppe Annette Bradley 950 Tamarack Avenue Carlsbad CA 92008 SUBJECT: CUP 213x4 - VILLAGE KITCHEN & PIE SHOPPE At the Planning Commission meeting of April 20, 2005, your application was considered. The Commission voted 6-0 to APPROVE your request. The decision of the Planning Commission became final on April 20, 2005. The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the Assistant Planning Director, Don Neu, Secretary of the Planning Commission, 1635 Faraday Avenue, Carlsbad, CA 92008. If you have any questions regarding the final dispositions of your application, please call the Planning Department at (760) 602-4600. Sincerely, DON NEU Assistant Planning Director DN:CS:aw Enclosed: Planning Commission Resolution No. 5862 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us NOTICE OF PUBLIC HEARING COUNTY CLERK Mail to: County Clerk, County of San Diego, Mailstop A4, PO Box 121750, San Diego, CA 92112 Response must be received by: April 13. 2005 Public Hearing Date: April 20. 2005 ^-——.—-^ Public Hearing Place: 1200 CARLSBAD VILLAGE DRIVE. CARLSBAD. CALIFORNIA. 92008 s^f. :'' ' - ^X Public Hearing Time: 6:00 p.m. //;•'' Project Title: CUP 213x4 Village Kitchen & Pie Shoppe Lead Agency: CITY OF CARLSBAD - PLANNING Contact Person: Street Address: 1635 FARADAY AVENUE Phone: (760) 602-4624 City: CARLSBAD _ Zip: 92008 Chris Sexton _ County: SAN DIEGO COUNTED"»*€£ PROJECT LOCATION: County: SAN DIEGO COUNTY City/Nearest Community: CITY OF CARLSBAD Cross Streets: Tamarack Total Acres: N/A Assessor's Parcel No.205-270-36 Section: Twp. Range: Base: 1-5 Waterways: N/A McCLELLAN/PALOMAR Railways: NCTD Schools:. Within 2 Miles: State Hwy #: Airports:.N/A ENVIRONMENTAL DOCUMENT: CEQA:NOP Early Cons NegDec Draft EIR D Supplement/Subsequent EIR (Prior SCH No.) Other: Prior Environmental Compliance Gregory J. Smith, Recorder/County Clerk MAR 2 2 BY, LOCAL ACTION TYPE: nGeneral Plan Update Q ^General Plan Amendment I I [^General Plan Element I I e Code Amendment I I Specific Plan Master Plan Planned Unit Development Site Plan II Rezone II £3 Use Permit d I I Land Division (Subdivision, I I Parcel Map, Tract Map, etc.) Q Annexation Redevelopment Coastal Permit Other: DEVELOPMENT TYPE: ^Residential: Units DOffice: Sq. Ft.. ^Commercial: Sq. Ft.. Qlndustrial: Sq. Ft.. [^Recreational: N/A Acres Acres Acres _ Acres PROJECT ISSUES DISCUSSED IN DOCUMENT: LjAesthetic/Visual [^Agricultural Land QAir Quality HHArchaeological/Historical [^Coastal Zone [[jDrainage/Absorption LJ Economic/Jobs DFiscal Q Flood Plain/Flooding Q I I Forest Land/Fire Hazard I I I I Geological/Seismic I I I I Minerals I I n Noise D I I Population/Housing Balance I I I I Public Services/Facilities I I I I Recreation/Parks I I Schools/Universities I I Septic Systems I I Sewer Capacity I I Soil Erosion/Compaction/Grading I I Solid Waste Q Toxic/Hazardous I I Traffic/Circulation I I Vegetation I I Water Quality Water Supply/Ground Water Wetland/Riparian Wildlife Growth Inducing Land Use Cumulative Effect Other: Present Land Use/Zoning/General Plan Use C-l/TR Project Description: Five (5) year extension of a Conditional Use Permit all6~$jffg)tfie; qqrjgriuef pM restaurant located at 950 Tamarack Avenue. ggn DiegQ CQ^ ^ Posted olia beverages at an existing Returned to agency on _ Deputy _________ y >____ Where documents are located for Public Review: Community Development Center, 1635 Faraday Avenue, Carlsbad, CA 92008 February 2000 STATE OF CALIFORNIA - THE RESOURCES AGENCY DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEE CASH RECEIPT DFG 753.53(8-03) Lead Agency: C~~\4\i-_-- County / State Agency of Filing: Project Title: CUP Zl'S. X >V Project Applicant Name: Project Applicant Address: ^ r n . r n <1 0 3 4 J O . Project Applicant (check appropriate box): Local Public Agency | | School District [ ] Other Special District | _ | State Agency | | Private Entity CHECK APPLICABLE FEES: ) Environmental Impact Report $850.00 $ ) Negative Declaration $1,250.00 $ ) Application Fee Water Diversion (State Water Resources Control Board Only) $850.00 $ ) Projects Subject to Certified Regulatory Programs $850.00 $ ) County Administrative Fee $25.00 $ Project that is exempt from fees TOTAL RECEIVED $^' O Signature and title of person receiving payment: WHITE-PROJECT APPLICANT YELLOW-DFG/FASB PINK-LEAD AGNCYEN GOLDENROD-STATE AGENCY OF FILING NOTICE OF EXEMPTION To: Office of Planning and Research Frotn: ^JBRKW*1 CARLSBAD P.O. Box 3044 ?lWtW Bfc&ning Department Sacramento, CA 95812-3044 ' i^J^Faraday Avenue Carlsbad, CA 92008 County Clerk (760)-602-4600 County of San Diego Arm: Rita Garcia, Room 260 1600 Pacific Highway San Diego CA 92101 Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources Code (California Environmental Quality Act). Project Title; CUP 213x4 Village Kitchen and Pie Shoppe Project Location - Specific; 950 Tamarack Avenue, Carlsbad Project Location - City; Carlsbad Project Location - County; San Diego Description of Project; Extension of conditional use permit to allow the continued on premise sale of alcoholic beverages at an existing restaurant. Name of Public Agency Approving Project; City of Carlsbad Name of Person or Agency Carrying Out Project; City of Carlsbad Name of Applicant; Forest Fisher Applicant's Address; 1417 Antigua Way, Newport Beach C A 92660 Applicant's Telephone Number; N/A _ IT J-j ,, 1=* , ll?im(,. VlfByOry J. ounUl, HcCuiuSf/v/OUflly Exempt Status: (Check One) APR 2 5 20U5 D Ministerial (Section 21080(b)(l); 15268); D Declared Emergency (Section 2 1 080(b)(3); 15269(a)); pv Mf> D Emergency Project (Section 2 1 080(b)(4); 1 5269 (b)(c)); 1X1 Categorical Exemption - State type and section number: 15301 D Statutory Exemptions - State code number: _ Reasons why project is exempt; Existing facility with no change in use Lead Agency Contact Person: Chris Sexton _ Telephone; (760) 602-4624 If filed by applicant: 1 . Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? DYes D No -OS" DON NEU, Assistant Planning Director Date IEI Signed by Lead Agency Date received for filing at OPR: D Signed by Applicant Revised March 2004 FILE COPY City of Carlsbad Planning Department NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, April 20, 2005, to consider a request for approval of an extension of Conditional Use Permit CUP 213x3 to continue allowing the on-premise sale of alcoholic beverages at an existing restaurant at 950 Tamarack Avenue in Local Facilities Management Zone 1 and more particularly described as: Lot 2 of Parcel Map 207, Map 6222 Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available online at http://www.ci.carlsbad.ca.us/pdfdoc.html?pid=295 on and after April 13, 2005. If you have any questions, please call Chris Sexton in the Planning Department at (760) 602-4624. If you challenge the Conditional Use Permit extension in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE:CUP 213x4 CASE NAME: VILLAGE KITCHEN & PIE SHOPPE PUBLISH: APRIL 8, 2005 CITY OF CARLSBAD PLANNING DEPARTMENT 1835 Faraday Avenue « Carlsbad, CA 92008-7314 » (760) 602-4600 « FAX (760) 602-8559 • www.ci.carlsbad.ca.us SITE VILLAGE KITCHEN & PIE SHOPPE CUP 213x4 PROOF OF PUBLICATION (2010& 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of North County Times formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudged newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the cities of Escondido, Oceanside, Carlsbad, Solana Beach and San Diego County; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: October 19, 2000 I certify (or declare) under penalty of perjury that the foregoing is true and correct. San Marcos , California day C u f ^ /3>C 3 _ ^ This space is for the County Clerk's Filing Stamp Proof of Publication of Notice of Public Hearing NOTICE OF PUBLIC HEARINGNOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, November 1, 2000, to consider a request for an extension of CUP 213x2 to al- low the continued on-premise sale of alcoholic beverages at an existing restaurant in Local Facilities Management Zone1 and more particularly described as:Lot 2 of Parcel Map 207, Map 6222 Those persons wishing to speak on this proposal are cor- dially invited to attend the public hearing. Copies of the staff report will be available on and after October 26, 2000. If you have any questions, please call Anne Hysong in the Plan-ning Department at (760)602-4622. If you challenge the extension of the Conditional Use Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Cityof Carlsbad at or prior to the public hearing.CASE FILE: CUP 213x3 CASE NAME: VILLAGE KITCHEN AND PIE SHOPPECITY OF CARLSBAD PLANNING DEPARTMENTI CUP 2,3x3 Legal 68413. October 19, 2000 NORTH COUNTY TIMES Legal Advertising PROOF OF PUBLIC/* i ION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a^sjdent of the County aforesaid: I am over the age years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: This space is ft Ihe County Clerk's Filing Stamp thApril 08in,2005 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS California This 08th Day of April, 2005 Signature Jane Olson NORTH COUNTY TIMES Legal Advertising Proof of Publication of PLANNING COMMISSION PUBLIC HEAHirKTT NOTICE IS HEREEp.GIVEN'hfygu''^'* "tmay be affectedfthatthe'1Plannin>-of Carlsbad will hold,apublic,rfeann^mbers, 1200 Carlsbad JyillageiDnve, Earlsbad»eali g —— erision.ois2j!3ragQ;^ijtinu<pa racjbs^elagesTatiinsexrackfAvenueflh'sl!"**••— The timalwithin I projects inTSourt;issues you or so,..ou,,= =,0=Uiescnbed in thisjnotice or inlivened to the City of C"' ••hearing * , — \ Copies of the enwonrnbiuoithe Planning^Department at are av__ _ „ „*.,," ' •-•• -• .635'Faraday Avenung regularbusmess hours .from, 7 30 am to 5"onday jhrough-Thursdayiand 8 00 am to 5 THele City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Conditional Use Permit Extension Item No. P.C. AGENDA OF: April 20, 2005 Application complete date: January 31, 2005 Project Planner: Chris Sexton Project Engineer: David Rick SUBJECT: CUP 213x4 - VILLAGE KITCHEN & PIE SHOPPE - Request for an extension of Conditional Use Permit CUP 213x3 to continue allowing the on- premise sale of alcoholic beverages at an existing restaurant at 950 Tamarack Avenue in Local Facilities Management Zone 1. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 5862 APPROVING a five-year extension of Conditional Use Permit CUP 213x3 based upon the findings and subject to the conditions contained therein. II. INTRODUCTION This proposed five-year extension of Conditional Use Permit CUP 213x3 will allow the continuation of the on-premise sale of alcoholic beverages at an existing restaurant at 950 Tamarack Avenue from April 28, 2005 through April 27, 2010. III. PROJECT DESCRIPTION AND BACKGROUND On April 28, 1982, the Planning Commission approved a five-year Conditional Use Permit (CUP) for CUP 213. On June 20, 1990, the applicant was granted the first extension for eight years for the CUP. On August 7, 1996, the applicant requested and was granted another extension for five years. On November 1, 2000, the Planning Commission approved CUP 213x3 to continue allowing the on-premise sale of alcoholic beverages (beer and wine) at 950 Tamarack Avenue. Condition No. 3 of the approving CUP Resolution No. 4850 specifies that CUP 213x3 is granted for a period of five years but may be extended upon written application of the permittee (Annette Bradley). The owner, Forest Fisher, is requesting a five-year extension of CUP 213x3 to continue allowing the on-premise sale of alcoholic beverages at this site for five years from April 28, 2005 to April 27 2010. IV. ANALYSIS A. The on-premise sale of alcoholic beverages at an existing restaurant continues to be consistent with all applicable plans, policies and regulations described below: 1. Carlsbad General Plan; :rrciCUP 213x4 - VILLAGE KITCHEN AND PIE SHOPPE April 20, 2005 Page 2 2. Local Facilities Management Plan for Zone 1; 3. Local Coastal Plan Mello II Segment; and 4. Title 21 of the Carlsbad Municipal Code. B. The adopted project findings for CUP 213x3, which are contained in Planning Commission Resolution No. 4850 still apply to this project (CUP 213x4). C. The adopted project conditions for CUP 213x3, which are contained in Planning Commission Resolution No. 4850 still apply to this project (CUP 213x4) with the exception of Condition No. 3 which is amended by Condition No. 4 in Planning Commission Resolution No. 5862 to extend CUP 213x3 for 5 years from April 28, 2005 through April 27, 2010, and new Conditions No. 5 and 6 which require the submittal, approval, and implementation of a Storm Water Management Plan. D. No formal written complaints regarding CUP 213x3 have been submitted to the City. E. Annual reviews have been conducted for CUP 213x3 and the project is in compliance with all conditions of approval. F. The extended CUP is exempt 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. 5862 2. Location Map 3. Planning Commission Resolution No. 4850, dated November 1, 2000 4. Planning Commission Resolution No. 3970, dated August?, 1996 5. Planning Commission Resolution No. 3057, dated June 20, 1990 6. Planning Commission Resolution No. 1942, dated April 28, 1982 SITE VILLAGE KITCHEN & PIE SHOPPE CUP 213x4