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Home My WebLink AboutCUP 226A; Barbie's Lunch Depot; Conditional Use Permit (CUP)June 5, 1990 _ Dear Mr. Pafe/: o<\ C-* This is in response to your letter dated May 10, 1990, regarding CUP 226. It is stated in the Planning Commission Resolution 2088, Item 12, "that the 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". This states that you must apply for renewal of your CUP and there is an associated fee at this time of $375.00. If you have any other questions regarding this matter, please feel free to contact me at 438- 1161, ext. 4452. Sincerely, Van Lynch Planning Technician VLrvo cc:Erin Letsch Angelina A 2O75 Las Palmas Drive => Carlsbad, California 92OO9-4859 • (619) 438-1161 CITY OF CARLSBAD 1200 CARLSBAD"VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008 438-5621 REC'D FROM -^ (f> •' f-. ."('O /' "">/ ;J -((.X'L-C fZ {.DATE. ACCOUNT NO. n-%IO-fKM'*^t<L RECEIPT NO. 3740 DESCRIPTION (\/( P r^f /71] -JS^'L (\ // P J ''',<(-, V / 2435 05/17/91 TOTAL AMOUNT '/i 1 "\ 0001 01 02 ^ / o . NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning,Commission of the City of Carlsbad will hold a public hearing at the City Council" Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:00 p.m. on Wednesday,;October 1, 1986, to consider approval of four conditional use permit amendments ^gs> jKSdify a condition regarding transfer of ownership at delicatessens in the P-M zone. v • i - \ Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. If you have any questions please call the Planning Department at 438-1161. If you challenge the Conditional Use Permits 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-215(Aj/CUP-224(A)/CUP-226.(A)/CUP-250(A) APPLICANT: CITY OF CARLSBAD :. ... PUBLISH: September 20, 1986 CITY OF CARLSBAD PLANNING COMMISSION Carlsbad Journal Decreed a Legal Newspaper by the Superior Court of San Diego County 3138 ROOSEVELT ST. • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345 Proof of Publication . <v STATE OF CALIFORNIA, ss COUNTY OF SAN DIEGO, i <n 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 principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said NOTICE OF PUBLIC newspaper and not in any supplement thereof on HEARING the following dates, to-wit: NOTICE IS HEREBY GIVEN thatthe Planning Commission of the City of Carlsbad will hold a public hearing at the City Council Cham- bers. 1200 Elm Avenue. Carlsbad. California, at 6:00 p.m. on Wednes-day. October 1. 1986. to consider approval of four conditional usepermit' amendments to modify a condition regarding transfer of , ownership at delicatessens in theP-M zone. . , - J Those persons wishing to speak ]on this-proposal are cordially in- vited to aUencTlhe public hearing. If you have any questions please call the Planning Department at438-1161. ,. If you challenge the ConditionalUse Permits 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 correspon- dence delivered to the City of Carls- bad at or prior to the public.-,hearing. • CASE FILE: CUP-215(A)/CUP-t 224(AI/CIIP-226(A1/CUP-290(A) APPLICANT. CITY OF CARLSBADCITY OF CARLSBAD PLANNING COMMISSIONCJ 4321: September 20.1986 September 20,19 86 19, 19. 19, 19, I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on the 20th Of September, 1986 4202-2M-9/85 Clerk of the Printer PLANNING DEPARTMENT 2075 LAS PALMAS DRIVE CARLSBAD, CALIFORNIA 92009-4859 (619) 438-1161 Citp of Cartebafc 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 MICHAEL J. HOLZMIL Planning Director it/Bf\ PC 1 STAFF REPORT DATE: OCTOBER 1, 1986 TO: PLANNING COMMISSION FROM: 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 Van Voorhis/Shorter CUP-224 Choi CUP-226 Barbie's Lunch Depot CUP-250 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. Ill. 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- r 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 AMLrbn 9/12/86 -3-