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HomeMy WebLinkAboutCUP 226Bx1; Deli Wishes; Conditional Use Permit (CUP) (3)NOTICE OF EXEMPTION To: County Clerk fp ft H ffgm: FJ) CITY OF CA County of San Diego Gregoiy J. Sniith, Recorder/County Clefk Panning Dep, Mailstop 833, Attn: Wendy ncr o 1635 Faradayl^venue ^ PO Box 121750 DEC 31 2002 Carlsbad CA San Diego CA 92112-1750 RY C/\^ (760)602-4600 DEPUTY Subject: Filing of this Notice of Exemption is in compliance with Section 21152b Resources Code (California Environmental Quality Act). Project Title; Deli Wishes - CUP 226(B)xl Project Location - Specific; 5365 Avenida Encinas Project Location - City; Carlsbad Project Location - County: San Diego Description of Project: Retroactive ten-year extension to allow continued operation of a d_elicatessen within the Planned Industrial zone. Name of Public Agency Approving Project; City of Carlsbad Name of Person or Agency Carrying Out Project; Deli Wishes Name of Applicant; Deli Wishes Applicant's Address; 5365 Avenida Encinas, Carlsbad CA 92008 Applicant's Telephone Number; 760-438-7843 Exempt Status: (Check One) X Ministerial (Section 21080(b)(l); 15268); Declared Emergency (Section 21080(b)(3); 15269(a)); Emergency Project (Section 21080(b)(4); 15269 (b)(c)); Categorical Exemption - State type and section number: 15301-Existing Facilities | | Statutory Exemptions - State code number:_ Reasons why project is exempt; Continuation of existing facility Lead Agency Contact Person; Michael Grim Telephone; (760) 602-4623 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? MICHAEL J. HOLZMILLER, Planning Director Date Signed by Lead Agency Signed by Applicant Revised December 2001 STATE OF CALIFORNIA - THE RESOURCES AGENCY DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEE CASH RECEIPT DFG 753.5a (6-01) A I f( nV r°\rLead Agency: v^l 1 1 Ui County/ State Agency of Filing:v__x^ — • • Project Title: Project Applicant Name: Project Applicant Address: 214755 <^ OthetSriecial District I I~Sa rr L—I. ate Enti B50.00 $1,250.00 $850.00 $850.00 $25.00 Project Applicant (check appropriate box): Local Public Agency | | State Agency CHECK APPLICABLE FEES: ( ) Environmental Impact Report ( ) Negative Declaration ( ) Application Fee Water Diversion (Sfate Water Resources Control Board Only) ( ) Projects Subject to Certified Regulatory Programs ( ) Cpunty Administrative Fee I that is exempt from fees Signature and title of person receiving payment: WHITE-PROJECT APPLICANT YELLOW-DFG/FASB GOLDENROD-STATE AGENCY OF PILING Notice of DeterminationSrmi 920210 To: Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 County Clerk County of San Diego Attn: Mail Drop C-ll 220 West Broadway San Diego, CA 92101 From: City of Carlsbad Planning Department 2075 Las Palmas Dr. Carlsbad, CA 92009 G L '&Annette J. Evans, Clerk ?) 438-1161 BY MAR 2 5 1992 #fc Project No.: CUP 226(B) X" Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Barbies Lunch Depot (Industrial Deli Seating') _ Project Title City of Carlsbad. Mike Grim (619)438-1161x4499 State Clearinghouse Number (If submitted to Clearinghouse) Lead Agency Contact Person Area Code/Telephone/Extension 5365 Avenida Encinas. City of Carlsbad. County of San Diego Project Location (include county) Project Description: Amendment to existing Conditional Use Permit to allow tables and chairs within the deli. This is to advise that the City of Carlsbad has approved the above described project on March 18,1992 and has made the following determinations regarding the above described project. 1. The project will not have a significant effect on the environment. 2. This project was reviewed previously and a Negative Declaration was prepared pursuant to the provisions of CEQA. 3. Mitigation measures were not made a condition of the approval of the project. 4. A statement of Overriding Considerations was not adopted for this project 5. Findings were made pursuant to the provisions of CEQA. This is to certify that the final Negative Declaration with comments and responses and record of project approval are available to the General Public at THE CITY OF CARLSBAD. Z-— PLANNING DIRECTOR MICHAEL J. HOLZMILLER Date received for filing at OPR: Date TITLE PIIiBD IM THE OFFICE OP THE COUNTY CLERK, 8AKDnaocouHTTOir , MAR 2 5 19%> MAR 2 5 2 4 RBTURHM) TO A0B1TCT OH DEPUTT MG:km 1989 CAlJRlNIA DEPARTMENT OF FISH PO BOX 944209 SACRAMENTO CA 94244-2090 CERTIFICATE OF FEE EXEMPTION De Minimis Impact Finding Project Title/Location (include county): CUP 226(B) - Barbies Lunch Depot (Industrial Deli Seating) 5365 Avenida Encinas, City of Carlsbad, County of San Diego Name and Address of Applicant: Salad and Sandwich Express 5365 Avenida Encinas, Carlsbad, CA 92008 Project Description: Amendment to existing Conditional Use Permit to allow tables and chairs within the deli. Findings of Exemption (attach as necessary): 1. The City of Carlsbad Planning Department has completed an Environmental Initial Study for the above referenced property, including evaluation of the proposed project's potential for adverse environmental impacts on fish and wildlife resources. 2. Based on the completed Environmental Initial Study, the City of Carlsbad Planning Department finds there is no evidence before the City of Carlsbad that the proposal will have potential for an adverse effect on wild life resources or the habitat upon which the wildlife depends. 3. The City of Carlsbad has on the basis of substantial evidence, rebutted the presumption of adverse effect contained in AB 3158 Chapter 1706 Section 753.5(d). Certification: I hereby certify that the lead agency has made the above findings of fact and that based on the initial study and hearing record the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. MICHAELJ. HOLZMILLER Title: Planning Director Lead Agency: City of Carlsbad Date: March 20. 1992 MG:km Section 711.4, Fish and Game Code DFG: 12/90 STATE OF CALIFORNIA-THE RESOURCES AGENCY DEPARTMENT OF FISI^)D GAME lENVIRONMENTAflLlNG FEE CASH RECEIPT DFG 753.58 (6-91) ^^ Lead Agency: County/State Agency of ftling: Project Title: Project Applicant Name: Project Applicant Address: 6107 AT/? a. Project Applicant (check appropriate box): Local Public Agency | | School District | | Other Special District State Agency I I CHECK APPLICABLE FEES: ( ) Environmental Impact Report ( ) Negative Declaration ( ) Application Fee Water Diversion (State Water Resources Control Board Only) Projects Subject to Certified Regulatory Programs County Administrative Fee Project that is exempt from fees TOTAL RECEIVEDLJ/yn. ^ -. / Signature aperlifie of person receiving payment: C^-^ Private Entity ( ) ( ) $850.00 $1,250.00 $850.00 $850.00 $25.00 $ $ $ $ $ City of Carlsbad^ ^^••^^^•••^•^^^•^^^^•••••••••••i^ii^i^Planning Department NOTICE OF PUBLIC HEARING NOTICE 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, December 18, 2002, to consider a request for a retroactive extension of CUP 226(B) to allow the continued operation of a delicatessen at 5365 Avenida Encinas in Local Facilities Management Zone 3 and more particularly described as: Parcel 11 of Parcel Map No. 11133, filed in the Office of the County Recorder of San Diego County on June 16, 1981, in the City of Carlsbad, County of San Diego, State of California Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after December 12, 2002. If you have any questions, please call Mike Grim in the Planning Department at (760) 602-4623. 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 226(B)x1 CASE NAME: DELI WISHES PUBLISH:DECEMBER 5, 2002 CITY OF CARLSBAD PLANNING DEPARTMENT 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 6O2-8559 • www.ci.carlsbad.ca.us SITE DELI WISHES CUP 226(B)x1 PROOF OF PUBLIO^ION (2010 & 2011 C.C.P.) This space is County Clerk's Filing Stamp 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 adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, 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: DECEMBER 5, 2002 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at this of SAN MARCOS, California _11 TH day _NOVEMBER, 2002_ Signature NORTH COUNTY TIMES Legal Advertising Proof of Publication of CITY OF CARLSBAD PLANNING DEPARTMENTNOTICE OF PUBLIC HEARINGNOTICE IS HEREBY GIVEN that the Planning Commis-sion of the City of Carlsbad will hold a public hearing atthe Council Chambers, 1200 Carlsbad Village Drive, Carlsbad. California, at 6:00 p.m. on Wednesday, Decem-ber 18, 2002, to consider a request for a retroactive ex-tension of CUP 226(B) to allow the continued operatipn of a delicatessen at 5365 Avenida Encinas Local Facili- ties Management Zone 3 and more particularly de- scribed as:Parcel 11 of Parcel Map No. 11133 filed in the Office of the County Recorder of San Diego County on June 16, 1981, in the City of Carlsbad, County of San Diego, Stateof CaliforniaThose persons wishing to speak on this proposal arecordially invited to attend the public hearing. Copies ofthe staff report will be available on and after October 31,2002. If you have any questions, please call Mike Grim in the Planning Department at (760) 602-4623. 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 226(8x1CASE NAME: DELI WISHESPUBLISH: DECEMBER 5, 2002CITY OF CARLSBADPLANNING DEPARTMENT NOTICE OF PUBLIC HEAR! NOTICE 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, March 18,1992, to consider approval of amending and extending six existing Conditional Use Permits to remove the restriction prohibiting tables and chairs within six delicatessens generally located within the P-M zone and more particularly described as: Parcel 19 of Rancho Agua Hedionda, Lot H, according to Map No. 823, Lots 8 and 13 of Carlsbad Tract 81-10, Unit No. 1, according to Map No. 10330, Lots 2 and 7 of Carlsbad Tract 79-1, according to Map No. 9389, Lot 2 of Carlsbad Tract 79-14, according to Map No 9744, and Parcel 1 as shown on Page 13051 of Parcel Maps filed December 9, 1983, all within the City of Carlsbad, County of San Diego, State of California. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after March 11, 1992. If you have any questions, please call Mike Grim in the Planning Department at 438-1161, ext. 4499. If you challenge the Conditional Use Permit Amendments or Extensions 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(B)xl/CUP 226(B)xl/CUP 250(B)xl/CUP 270(A)xl/ CUP 301(A)xl/CUP 88-19(A)xl CASE NAME: INDUSTRIAL DELI SEATING PUBLISH: MARCH 5, 1992 CITY OF CARLSBAD PLANNING COMMISSION O LOCATION OF DELI City of Carlsbad CUP 215(B)x1/CUP 226(B)x1/ CUP 250(B)x1/CUP 270(A)x1/ INDUSTRIAL DELI SEATING CUP 30tA)x1/CUP 88-19(A)x1 Decreed A Legal Newspaper by the Superior Court of San Diego County Mail all correspondence regarding public notice advertising to W.C.C.N. Inc. P.O. Box 230878, Encinitas, CA 92023-0878 (619) 753-6543 STATE OF CALIFORNIA, ss. 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 principal clerk of the printer of the Carlsbad Journal, a newspaper of general circulation, published 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, printed and published at regular intervals in the said City of Oceanside, 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 newspaper and not in any supplement thereof on the follow- ing dates, to-wit: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Plan- ning Commission of the City of Carlsbad willhold a public hearing at the Council Cham- bers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, March 18, 1992, to consider approval of amending and extending six existing Conditional Use Permits to remove the restriction prohibiting tables and chairs within six delicatessens generally, located within the P-M zone and more particularly described as: Parcel 19 of Rancho Agua Hedionda, Lot H, according to Map No. 823, Lots 8 and 13 of Carlsbad Tract 81-10, Unit No. 1, according to Map No. 10330, Lots 2 and 7 of Carlsbad Tract 79-1, according to map No. 9389, Lot 2 of Carls-, bad Tract 79-14, according to Map No. 9744, and Parcel 1 as shown on Page 13051 of Parcel Maps filed December 9, 1983, all within the City of Carlsbad, County of San Diego.'State of California. "•< ' •'•'': Those persons wishing to speak on this pro- posal are cordially invited to attend the pub- iic hearing. Copies of the staff report will be available on and after March 11, 1992. If you have any questions, please call Mike Grim in the Planning Department at 438-1161, ext.4499. If you challenge the Conditional Use Permit Amendments or Extensions in court, you may be limited to raising only those issues you or someone else raised at the public hearing de- scribed in this notice or in written correspon- dence delivered to the City of Carlsbad at or prior to the public hearing. Case File: CUP 215(B)xl/CUP 226(B)xl/ CUP 250(B)xl/CUP 270(A)xl/ CUP 301(A)xl/CUP 88-19(A)xl Case Name: Industrial Deli Seating CITY OF CARLSBAD PLANNING COMMISSION CJ C378: March 5, 1992 CitJ if Clrishd Of 250<B)xt/CUP ZTtXAIx OP 30tA|jVCJJP 88-l9(A)x1 March 05 1992_ 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 5th day of March 1992 Clerk of the Printer