HomeMy WebLinkAboutCUP 250A; PALOMAR DELI; Conditional Use Permit (CUP)LAND USA PLAIMNINQ ICATIOIM
DISCRETIONARY ACTIONS
REQUEST
a Zone Change
• General Plan Amendment
DTentative Tract Map
• Major Planned Unit Develcpnent
• Master Plan
• Major Redevelc^ment Pennit
• Minor Redevelopment Pennit
• Precise Develc^xnent Plan
(check other boxes if ap^Jrqpriate)
•Specific Plan
•Site Development Plan
J;^COTditional Use Pennit
•Variance
•Planning Coranission Determination
•Special Use Pennit
•Structure Relocation
•Major ContJcininium Pennit
•Coastal Pennit (Portion of Redevelopment
Area Only)
Complete Description of Project (attach additional sheets if necessary)
Request for a Conditional Use Permit to allow a sandwich shop
at 6150 Yarrow Drive, Suite C
Legal Description (conplete)
Lot 2, Carlsbad Tract No. 79-14. Map 9744
General Plan
Assessors Parcel Nurnber
213-070-02 Existing Land Use Zone
PM Industrial
Prc^josed Zone Prc^xDsed General Plan Site Acreage
1.096
Owner i^l icant
Name (Print or Type)
Mailing Address
Name (Print or Type)
James & Gina Shimabukuro Mailing Address
615,0 Yarrow Drive. Suite C
City and State Zip Telephone City and State Zip Telephone
Carlsbad, CA 92008 619-438-5995
I CERTIFY THAT I AM THE OWNER'S REPRESENTMIVE
AND THAT ALL THE ABOVE INFORMATION IS TRUE
AND OORRECT TO THE BEST OF MSf KNOWI£DGE.
SIGNATU^B^'^'^-^^ e^W^'-'^'^feE ^„ ^
I CERTIFY THAT I AM THE I£GAL OWNER AND
THAT ALL THE ABOVE INFORMATION IS TRUE
AND OORRECT TO THE BEST OF MY KNOWLEDGE.
SIGNATURE DATE
APPLICANT DISCLOSURE FORM
In order to assist the members of the Planning Conmiission and
City Council to avoid possible conflicts of interest, all appli-
cants are required to complete this disclosure form at the time
of submitting their application. When this form has been com-
pleted and signed, the information will be relied upon by them in
determining if a conflict may exist, so please ensure that all of
the information is completed and accurate. If at anytime before
a final action on your application has been rendered, any of the
information required by this disclosure changes, an amendment
reflecting this change must be filed.
If the applicant is an individual, or a partnership (either gen-
eral or limited) or a joint venture, please state the full name,
address and phone number of each person or individual (including
trusts) who own any beneficial interest in the property which is
the subject of this application. Should one or more parties to
the application be a partnership or joint venture, then please
state the full legal name of the partnership or joint venture,
its legal address and the name and address of each individual
person who is a general and/or limited partner or member of the. .
joint venture. •
Should one or more of the parties be a privately held corporation
(10 shareholders or less) or a real estate syndication, then
please indicate the state of incorporation or syndication,
corporate number, date of incorporation or syndication, corporate
or syndicate address, and the full names and addresses of each
individual shareholder or syndicate member. Should the corpor-
ation be a publicly held corporation, then state the full name
and address of the corporation, the place of its incorporation,
number of shareholders, and the name and address of the officers
of the corporation.
Should you feel that additional information needs to be provided
in order to provide a full disclosure, please include it.
DISCLOSURE FORM
APPLICANT: James & Gina Shimabukuro (Owners)
Name (individual, partnership, joint venture, corporation, syndication)
6150 Yarrow Drive Suite C Carlsbad, CA 92008
Business Address
(619^-438-5995
AGENT:
MEMBERS:
Telephone Number
James & Gina Shimabukuro (Owner s)
Name
6150 Yarrow Drive SuiteC Carlsbad, CA 92008
Business Address
C619)-438-5995
Telephone Number
Name (individual, partner, joint Hcane Address
venture, corporation, syndication)
Business Address
Telefiione Number Telephone Number
Name Home Address
Business Address
Telephone Number Telephone Number
(Attach more sheets if necessary)
The applicant is required to apply for Coastal Commission Approval
if located in the Coastal Zone.
I/We declare under penalty of perjury that the information contained in this
disclosure is true and correct and that it will remain true and correct and may be
relied upon as being true and correct until amended.
APPLICANT
Agent, Owner, Partner
STAllpARD INDUSTRIAL LElgSE — GROSS
AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION
1. ParilM. This Leas*, dated, for reference purposes only. , "^^^^ . 19 .« made by and
between K.P.L.R. at Palomar a California Partnership
and Lloyd and Sandra Kim dba/<
. (herein called "Lessor")
Palomar Deli
(herein called "Lessee"). 2. Premttes. Lessor thereby leases to Lessee and Lessee leases from Lessor for the term, at the rental, and upon all pf the coooiuons set forth
herein, lhal certain real property situated in the County of San DiegO 3,,^, ,9^ ^^^^"^^ .
commonly known as 6150 Yarrow Drive, Suite Carlsbad, California anaaescrit)ed as an approximately square foot office/warehouse space
' ' Square foot P-M " '"""^
hi Pre
U UWWIIUVU «9 —• • . f ^ ' - , ,
within an approximately 14,940 \gquare foot P-M zoned multi-tenant
building. ^^S4DX*<:(^
Said real property including the land and alt improvements therein, is herein called "the Premises".
3. Term.
3.1 Term. The term ol this Lease shall be for 5 years with One (1) 5-year option
commencing on JWlV 15, 1994 and ending on July 14, 1989
unless sooner terminated pursuant to any provision hereof.
3 2 Delay In Possession. Notwithstanding said commencement date, if for any reason Lessor cannot deliver possession ol the Premises to
Lessee on said date. Lessor shall not be subject to any liability therefor, nor shall such failure affect Ihe validity of this Lease or Ihe oDiigations of
Lessee hereunder or extend the term hereof, but in such case. Lessee shall not be obligated to pay rent until possession of the Premises is tendered
to Lessee, provided, however, that if Lessor shall not have delivered possession of the Premises within sixty (60) days from said commencement
date. Lessee may. at Lessee s option, by notice in writing to Lessor within ten (10) days thereafter, cancel this Lease, in which event tha parties shall
be discnargeo trom all obligations hereunder: provided further, however, that il such written notice of Lessee is not received by Lessor within said
ten 1101 day period. Lessee s right to cancel this Lease hereunder shall terminate and be of no further force or effect.
3 3 Early Possession. If Lessee occupies the Premises prior to said commencement date, such occupancy shall be (ubiecl to all provisions
hereol. sucn occupancy snail not advance the termination date, and Lessee shall pay rent for such period at the initia^4^ifth^ rates sal forth below.
4. Rent. Lessee shall pay to Lessor as rent for the Premises, monthly payments of $ flifi - ffft 819 . ^S^^'^'^Mm'f/m on the First
day ol each month ol ihe term hereol. Lessee shall pay Lessor upon the execution hereof $ ARfl . &^ las rent lor .Ttily
—15, 1984 through July :^1, 19B4 mi <;^-ir ry^ oe£!llJJ'y'•J'
—receipt nf conditional use permit by Julv 11. l?BT7--i|aiCSr
I
Rent lor any period during the term hereof which is for less than one month shall be a pro rata portion ot the monthly instalmm. Rent shall be
payable in lawlui money of the United States to Lessor at the address stated herein or to such other persons orat such other puces as Lessor may
designate m writing. yK^<^ f/ .
S. Security Oepotil. Lessee shall deposit with Lessor upon execution hereol $ -8 rifi - flfT R1 9 . fl S aJKedurlty lor Lessee's faithful
performance of Lessee s obligations hereunder. If Lessee fails to pay rent or other charges due hereunder, or otherwise defaults wilh respect to any
provision ol this Lease. Lessor may use. apply or retain all or any portion of said deposit for the payment of any rent or other charge in default or for
the payment ol any other sum to which Lessor may become obligated by reason ol Lessee's default, or to compensate Lessor for any loss or damage
which Lessor may sutler thereby. If Lessor so uses or applies all or any portion of said deposit, Lessee shall within ten (10) days alter written
demand therefor deposit cash with Lessor in an amount sufficient to restore said deposit to the lull amount hereinabove stated and Lessee's failure
to do so snail be a material breach of this Lease. If the monthly rent shall, from time to time, increase during the term ol this Lease. Lessee shall
thereupon deposit with Lessor additional security deposit so that the amount of security deposit held by Lessor shall at all times bear the same
proportion to current rent as the original security deposit bears to the original monthly rent set forth in paragraph 4 hereof. Lessor shall not be
required to iieep said deposit separate from its general accounts. I f Lessee performs all of Lessee's obligations hereunder, said deposit, or so much
thereof as has not theretofore been applied by Lessor, shall be returned, without payment of interest or other increment for its use, to Lessee (or. at
Lessor s option, to the last assignee, if any, of Lessee's interest hereunder) at the expiration of the term hereof, and after Lessee has vacated the
Premises. No trust relationship ts created herein between Lessor and Lessee with respect to said Security Deposit.
«. Use.
6.1 Use. The Premises shall be used and occupied only for Delicatessen serving beer and wine
fnr off premises nonsumptinn :
or any other use which is reasonably comparable and for no other purpose.
6 2 Compliance with Law.
(a) Lessor warrants to Lessee that the Premises, in its state existing on the date that the Lease term commencm, but without regard to the
use lor wnich Lessee will use Ihe Premises, does not violate any covenants or restrictions of record, or any applicable building code, regulation or
ordinance in eilect on sucn Lease term commencement dale. In the event it is determined that this warranty has t>een violated, then it shall be tne
oDiigaiion ol the Lessor, alter writlen notice from Lessee, to promptly, at Lessor's aole cost and expense, rectify any such violation. In the event
Lessee ooes nol give to Lessor written notice of the violation of this warranty within six months from the date that the Lease term commences, the correction ol same shall be Ihe obligation of the Lessee at Lessee's sole cost. The warranty contained in this paragraph 6.2 (a) shall be of no force or
effect ll. prior to the dale ol this Lease. Lessee was the owner or occupant ofthe Premises, and. in such event. Lessee shall correct any such violation
at Lessee s sole cost.
(b) Except as provided in paragraph 6.2(a), Lessee shall, at Lessee's expense, comply promptly with alt eppticatile stalutM. ordinances,
rules, regulations, orders, covenants and restrictions ot record, and requirements in eilect during the term or any part ol the term tvereof, regulating
the use by Lessee ol the Premises. Lessee shall not use nor permit the use of the Premises in any manner that will tend lo create waste or a nuisance
or. it there snail be more than one tenant in the building containing the Premises, shall tend to disturt) such other tenants.
6 3 Condition ol Premises.
la) Lessor shall deliver the Premises to Lessee clean and free of debris on Lease commencement date (unless Lessee is alri>ady in
possession) and Lessor lurther warrants to Lessee that the plumbing, lighting, air conditioning, heating, and loading doors in the Premises shall be
in gooa operating condition on the Lease commencement date. In the event that it is determined that this warranty has been violated, then it s.hall be
the ooiiga'ion ot Lessor, alter receipt of written notice from Lessee setting forth with specificity the nature ot the violation, to promptly, al I essor s
sole cost, recttiy such violation. Lessee's failure to give such written notice to Lessor within thirty (30) days after the Lease commencement da:e shall cause tne conclusive presumption that Lessor has complied with all of Lessor's obligations hereunder. Ttte warranty contained in this
paragraph 6 3la) shall be ol no force or effect if prior to the date ol this Lease. Lessee was the owner or occupant of the Premises.
(bl Except as otherwise provided in this Lease, Lessee hereby accepts Ihe Premises in their condition existing as of Ihe Lease
commencement date or the date that Lessee takes possession of the Premises, whichever is earlier, subiect to all applicable zoning, municipal,
county and state laws, ordinances and regulations governing and regulating the use of the Premises, and any covenants or restrictions ol record,
ana accepts this Lease subiect thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee acknowledges that neither Lessor nor Lessor s agent has made any representation or warranty as to the present or future suitability ol Ihe Premises lor the conduct of Lessee's
business
7. Maintenance. Repairs and Alterations.
7 I Lessor's Obligations. Subject to the provisions ol Paragraphs 6.7.2, and 9 and except lor damage caused by any negligent or intentional
act or omission ol Lessee. Lessee's agents, employees, or invitees in which event Lessee shall repair the damage. Lessor, at Lessor's expense, snail
keep in good order, condition and repair tha foundations, exterior walls and the exterior rool of the Premises. Lessor snail not. however, be
obii(;ated 10 pamt such exterior, nor shall Lessor be required to maintain tha interior surface of exterior walls, windows, doors or plate glass. Lessor
shall nave no obligation to make repairs under this Paragraph 7.1 until a reasonable time after receipt of written notice of the need tor such repairs.
Lessee expressly waives Ihe benelils of any statute now or hercalter in elfect which would otherwise afford Lessee the right to make repairs at
Lessor s expense or to terminate this Lease because of Lessor's failure to keep the Premises in good order, condition and repair.
7 2 Lessee's Obligations.
(a) Subiect to tne provisions of Paragraphs 6. 7. t and 9. Lessee, at Lessee's expense, shall keep in good order, condition and repair the
Premises and every part thereof (whether or not the damaged portion ot the Premises or the means of repairing Ihe same are reasonably or readily
accessabie 10 Lessee) including, without limiting the generality ol Ihe foregoing, all plumbing, heating, air conditioning, (Lessee snl^^^su^ and
® American Industnal Real Estate Association 1980 GROSS
RECEIPT NO:
ENVIRONMENTAL IMPACT ASSESSMENT FORM - Part I
(To Be Completed by APPLICANT)
CASE NO:
DATE:
Applicant: ^^-f.-^ 7^ C^/^a ^f) ht^kCui^
Address of Applicant: ^f-a^c(fO^ /9c/<^ . ^Cl^ Uai^C^ ^ / CA,
Phone Number:
Namer address and phone number of person to be contacted (if other than
Applicant): L/^Y^ /^(^ r^^ST^-//7/ //^p^ S^<2y^ektT^Uf/<^y^>
GENERAL INFORMATION;
Description of Project: S^^^C</i f^tl/^j^ ^P^^^-
Project Location/Address:
Assessor Parcel Number:
Zone of Subject Property:
Proposed use of Site: ^^^/y^J.c/.
List all other applicable applications related to this project:
Describe the activity area, including distiguishing natural and man-
made characteristics; also provide precise slope analysis when
appropriate. /j/A.
3. Describe energy conservation measures incorporated into the design
and/or operation of the project, -/(j/fs^
4, If residential/ include the number of units, schedule of unit sizes,
range of sale prices or rents, and type of household size expected.
5. If coimercial, indicate the type, whether neighborhood, city or
regionally oriented, square footage of sales area, and loading
facilities.
6. If industrial, indicate type, estimated employment per shift, and
loading facilities. xJ/fS^^
If institutional, indicate the major function, estimated employment per
shift, estimated occupancy, loading facilities, and community benefits
to be derived from the project.
-2-
I. ENVIRONMENTAL IMPACT ANALYSIS
Answer the following questions by placing a check in the appropriate
space. (Discuss all items checked "yes". Attach additional sheets as
necessary.)
1) Could the project significantly change present
land uses in the vicinity of the activity?
8)
15)
YES NO
V
3) Could the activity affect the functioning of an
established community or neighborhood?
5) Could the activity increase the number of low and
modest cost housing units in the city?
6) Could the activity decrease the number of low and
modest cost housing units in the city?
11) Could the activity significantly affect fish,
wildlife or plant life?
12) Are there any rare or endangered plant species
in the activity area?
13) Could the activity change existing features of
any of the city's lagoons, bays, or tidelands?
2) Could the activity affect the use of a recreational
area, or area of important aesthetic value? V
V
4) Could the activity result in the displacement of .y
community residents? ^
7) Are any of the natural or man-made features in the
activity area unique, that is, not found in other \/
parts of the county, state or nation? ^
Could the activity significantly affect an /
historical or archaeological site or its settings? V
9) Could the activity significantly affect the /
potential use, extraction, or conservation of a ]/
scarce natural resource?
10) Does the activity significantly affect the
potential use, extraction, or conservation of a
scarce natural resource? V
14) Could the activity change existing features of ^y
any of the city's beaches?
Could the activity result in the erosion or \/
elimination of agricultural lands? ^
16) Could the activity serve to encourage development
of presently undeveloped areas or intensify develop- \/
ment of already developed areas?
-3-
YES NO
17) Will the activity require a variance from
established environmental standards (air, water, \/
noise, etc.)?
18) Will the activity require certification, authoriza-
tion or issuance of a permit by any local, state or \/
federal environmental control agency?
19) Will the activity require issuance of a variance
20) Will the activity involve the application, use, or
disposal of potentially hazardous materials?
21) Will the activity involve construction of
facilities in a flood plain?
22) Will the activity involve construction of
facilities in the area of an active fault?
23) Will the activity involve construction of
facilities on a slope of 25 percent or greater?
24) Could the activity result in the generation of
significant amounts of noise?
25) Could the activity result in the generation of
significant amounts of dust?
26) Will the activity involve the burning of brush,
trees, or other materials?
27) Could the activity result in a significant change
in the quality of any portion of the region's air
or water resources? (Should note surface, ground
water, off-shore.)
28) Will the project substantially increase fuel
consumption (electricity, oil, natural gas, etc.)?
29) Will there be a significant change to existing
land form?
(a) Indicate estimated grading to be done in
cubic yards: .
(b) Percentage of alteration to the present
land form: .
(c) Maximum height of cut or fill slopes:
30) Will the activity result in substantial increases
in the use of utilities, sewers, drains or streets?
31) Is the activity carried out as part of a larger
project or series of projects?
-4-
or conditional use permit by the City? s/
/
•ftsNIFICANT ENVIRONMENTAL E^^C II. STATEMENT OF NON-SIGNIFICANT ENVIRONMENTAL EFTECTS
If you have answered yes to one or more of the questions in Section
I but you think the activity will have no significant environmental
effects, indicate your reasons below:
III. COMMENTS OR ELABORATIONS TO ANY OF THE QUESTIONS IN SECTION I
(If additional space is needed for answering any questions, attach
additional sheets as needed.)
Signature //Al:**::;^
(Person Completing Report)
Date Signed
-5-
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