HomeMy WebLinkAboutCUP 270A; Choi Sandwich Shop; Conditional Use Permit (CUP)STAFF REPORT
DATE: MARCH 18, 1992
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
SUBJECT: CUP 215fBVaJP 226fBVCUP 250(BVCUP 270(AVCUP 301fAVCUP 88-
19(A) - INDUSTRIAL HRTJ fiVATTNG . Request for amendments to six
existing Conditional Use Permits to remove the restriction prohibiting tables
and chairs within six delicatessens in the P-M zone.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No's. 3365,
3366, 3367, 3368, 3369, and 3370, APPROVING CUP 215(B), CUP 226(B), CUP
250(B), CUP 270(A), CUP 301(A), and CUP 88-19(A), based on the findings and
subject to the conditions contained therein.
n. PROJECT DESCRIPTION AND BACKGROUND
This project is a City-initiated request to amend six existing Conditional Use Permits for
delicatessens in the P-M zone to allow seating for the consumption of food on the premises.
The six delicatessens were allowed by CUP between 1982 and 1989 and have been
operating without incident since opening. The approving resolutions for these conditional
uses state that no tables or chairs for the constmiption of food on the premises are allowed.
This condition was intended to avoid potential parking impacts that were anticipated if
seating was allowed, likening the indiistiial delicatessens to restaurants.
Since these delicatessens have been operating, staff has monitored their operations,
including paridng impacts, and has foimd that the original assessment of parking
requirements for industrial delicatessens was not accurate. Based upon numerous visits to
the variety of delicatessens within the Planned Industrial area, staff foxind that the
delicatessens with seating actually encouraged walk-in patronage more than their "take-out
only" counterparts. The patron who could eat at the delicatessen was more apt to walk,
whereas the take-out patron was more apt to drive up, purchase their food, and eat in their
vehicle or drive away.
CUP 215(B)/CUP 226(B)/CUP 250(B)/CUP 270(A)/CUP 301(A)/
CUP 88 19(A) - INDUSTRIAL DELI SEATING
MARCH 18, 1992
PAGE 2
The limited seating provided by delicatessens in these areas is used on a more casual basis
than restaurant seating. Parking deficiencies do not residt from the addition of limited
seating to delis in such industrial areas because patronage tends to be limited to employees
of the surroimding uses and more food is sold on a "take-out" basis. Given this newly
evaluated situation, staff began piirsuing a comprehensive amendment to the pertinent
conditional use permits to allow a limited number of seating for the consumption of food
within the delicatessen. Since this action is a Conditional Use Permit Amendment, the date
of expiration of all six delicatessens is being amended to five years from the date of this
approval, or March 18, 1997.
in. ANALYSIS
1. Given the requested amendments, can the four findings required for a Conditional
Use Permit still be made? Namely,
a) That each deli is necessary or desirable for the development of the
community, is essentially in harmony with the various elements and
objectives of the general Plan, and is not detrimental to existing uses or to
uses specifically permitted in the zone in which the deli is located;
b) That the site for each deli is adequate in size and shape to accommodate the
use;
c) That all of the yards, setbacks, walls fences, landscaping, and other features
necessary to adjust each deli to existing or permitted future uses in the
neighborhood is provided and maintained;
d) That the street system serving each deli is adequate to properly handle all
traffic generated by each deU.
DISCUSSION
1. Desirability and Harmony of Use
The delicatessens in the industrial area serve a large Itmchtime clientele, and provide a
needed service to an area void of alternative eating establishments. Allowing tables and
chairs gives the walking patron the opportunity to eat at the delicatessen, providing
convenience to the customers. This is consistent with one of the goals of the Land Use
element of the General Plan, which is to "generate the development of commercial
enterprises that support local industries...". The Circulation element requires that
commercial development provide adequate parking. As mentioned previously, tables and
chairs in a delicatessen actually promote walk-in patronage, assuring adequate parking and
CUP 215(B)/CUP 226(B)/CUP 250(B)/CUP 270(A)/CUP 301(A)/
CUP 88 19(A) - INDUSTRLU DEU SEATING
MARCH 18, 1992
PAGE 3
eliminating any detrimental effects to surroimding uses. Therefore, by providing food
service to the large employment base of the industrial area while not impacting parking,
the delicatessens remain in harmony with the General Plan and are not detrimental to
existing or future uses.
2. Adequacy of Site in Size and Shape
Based upon several field investigations, industrial delicatessens with seating for food
consumption generate less automobile traffic than those without seating, primarily because
of the ability of the customer to walk in and stay to eat. The six delicatessens proposed
for amendments have operated with tables and chairs for some time and no adverse
impacts to parking have resulted. Since the proposed amendments do not require
expansion or further improvement of any site, the sites are still adequate in size and shape
to accommodate the delicatessens.
3. Features Necessary to Adjust Use
As discussed above, the delicatessens are currentiy operating in a manner compatible with
the surroimding uses. Since the proposed amendments do not necessitate any additional
improvements, all yards, setbacks, walls, fences, landscaping, and other features necessaiy
to continue to adjust the delicatessens to existing and future uses in the neighborhood have
been provided and maintained.
4. Adequacy of Street System
Since the allowance of tables and chairs promotes pedestrian traffic, the proposed
amendments should maintain the existing traffic generation rates of the delicatessens. The
existing street systems serving the delicatessens currentiy operate above standards and will
continue to be adequate to accommodate all traffic generated by the delicatessens.
IV. APPUCABIUTY
This amendment proposes to allow limited seating with deUs only in the PM Zone because
of the special use characteristics which apply to these areas (namely tendency for patrons
to be employees within walking distance; high volume of "take-away" food sales).
V. ENVIRONMENTAL REVIEW
Since the proposed amendments do not significantiy alter the originally approved uses or
their impacts, the Planning Director has determined that the environmental effects of the
projects have already been considered in conjimction with previously certified
environmental documents. A Notice of Prior Environmental Compliance, therefore, will be
issued for all Conditional Use Permit amendments.
CUP 215(B)/CUP 226(B)/CUP 250(B)/CUP 270(A)/CUP 301(A)/CUP 88 19(A) -
INDUSTRL\L DEU SEATING
MARCH 18, 1992
PAGE 4
SUMMARY
This amendment would only allow limited seating for delis in the PM Zone. Considering
that all findings required for a Conditional Use Permit can still be made for each
delicatessen, staff recommends that the Planning Commission approve the requested
amendments conditionally allowing tables and chairs within delis in the planned industrial
area.
ATTACHMENTS
1. Planning Commission Resolution No. 3365
2. Planning Commission Resolution No. 3366
3. Planning Commission Resolution No. 3367
4. Planning Commission Resolution No. 3368
5. Planning Commission Resolution No. 3369
6. Planning Commission Resolution No. 3370
7. Location Maps
8. Disclosure Statements.
February 11, 1992
MG:kin
1
2 PLANNING COMMISSION RESOLUTION NO. 3365
3 A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CAUFORNLV APPROVING AN
4 AMENDMENT TO A CONDITIONAL USE PERMIT TO ALLOW
^ TABLES AND CHAIRS AT THE QUALITY DEU ON
PROPERTY GENERALLY LOCATED AT 2151 LAS PALMAS
6 DRIVE.
CASE NAME: VAN VOORHIS/SHORTER
7 CASE NO: CUP 215rB)
8
g WHEREAS, a verified application has been filed with the City of Carlsbad
10 and referred to the Planning Commission; and
11 WHEREAS, said verified application constitutes a request as provided by
12
Tide 21 of the Carlsbad Municipal Code; and
13
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
14
Commission did, on the 18th day of March, 1992, hold a duly noticed public hearing to
15
•j^g consider said application on property described as:
17 A portion of Lot 7 of Carlsbad Tract 79-1, according to Map
No. 9389 in the City of Carlsbad, County of San Diego, State
18 of Califomia, filed September 26, 1979,
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of all persons desiring to be heard, said Commission
considered all factors relating to CUP 215(B).
19
20
21
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23 NOW, THEREFORE, BE IT HEREBY RESOLVED by tiie Planning Commission
24 of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
27 APPROVES CUP 215(B), based on the following findings and subject to the
following conditions:
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1. That the requested use is necessary or desirable for the development of the
community, is essentially in harmony with the various elements and objectives of
2 the general plan, and is not detrimental to existing uses or to uses specifically
permitted in the zone in which the proposed use is to be located;
3
That the site for the intended use is adequate in size and shape to accommodate
4 the use;
5
That all of the yards, setbacks, walls, fences, landscaping, and other features
6 necessary to adjust the requested use to existing or permitted future uses in the
neighborhood will be provided and maintained;
7
That the street system serving the proposed use is adequate to properly handle all
® traffic generated by the proposed use.
22
Conditions: 9
10
1. Approval of CUP 215(B) is granted subject to all conditions of CUP 215(A),
11 Planning Commission Resolution No. 2611, and CUP 215, Planning Commission
^2 Resolution No. 1981, incorporated herein fay reference and on file in tfae Planning
Department, except that conditions no's. 7 and 12 of Resolution No. 1981 are
13 replaced with conditions no's. 2 and 3 below.
14 2. This delicatessen may contain a maTiminn of five (5) tables and/or ten (10) chairs
for the consumption of food on tfae inemises.
15
25 3. This conditional use permit is granted for a period of nine years and nine months
from the date of expiration, or from June 23, 1987 to March 18, 1997. This
17 conditional use permit shall be reviewed by the Planning Director on a yearly basis
to determine if all conditions of this permit have been met and that the use does
13 not have a significant detrimental impact on surrounding properties or the public
health and welfare. If the Planning Director determines that the use has such
significant adverse impacts, the Planning Director shall recommend that the
20 Planning Commission, after providing the pemuttee the opportunity to be heard,
add additional conditions to mitigate the significant adverse impacts. This permit
21 may be revoked at any time after a public hearing, if it is found that the use has
a significant detrimental effect on surrounding land uses and the public's health
and welfare, or the conditions imposed herein have not been met. This permit
23 may be extended for a reasonable period of time not to exceed five (5) years upon
written application of the permittee made no less than 90 days prior to the
24 expiration date. In granting such extension, the Planning Commission shall find
that no substantial adverse effect on surroimding land uses or the public's health
and welfare will result because of the continuation of the permitted use. If a
2Q substantial adverse effect on surrounding land uses or the public's health and
welfare is found, the extension shall be considered as an original application for
27 a conditional use permit. There is no Umit to the number of extensions the
Planning Commission may grant.
28
on DC CO Kin oo^c
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9
10
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4. Any additional sewer fees required because of tfae allowaiKe of seating shall be
paid in accordance with City Ordinances.
1
2
3
4
5
6 NOES
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, Califomia, held on the 18th day of March, 1992, by
the following vote, to wit:
AYES:
7 ABSENT:
ABSTAIN:
^2 TOM ERWIN, Chairperson
13 CARLSBAD PLANNING COMMISSION
14 ATTEST:
15
16
MG:kiii:lh
17 MICHAEL J. HOLZMILLER
PLANNING DIRECTOR
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28 PC RESO NO. 3365
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1
2 PLANNING COMMISSION RESOLUTION NO. 3366
3 A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CAUFORNIA, APPROVING AN
4 AMENDMENT TO A CONDITIONAL USE PERMIT TO ALLOW
TABLES AND CHAIRS AT THE SALAD AND SANDWICH
EXPRESS DEU ON PROPERTY GENERALLY LOCATED AT
6 5365 AVENIDA ENCINAS.
CASE NAME: BARBIE'S LUNCH DEPOT
7 CASE NO: CUP 226fB)
® WHEREAS, a verified application has been filed with the Qty of Carlsbad
9
and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided by
Tide 21 of the Carlsbad Municipal Code; and
13 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
14 Commission did, on the 18th day of March, 1992, hold a duly noticed public hearing to
consider said application on property described as:
16
Parcel 19 of Map No. 11457 in the City of Carlsbad, County
17 of San Diego, State of Califomia,
18 WHEREAS, at said public hearing, upon hearing and considering all
19
20
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23 I of the Gty of Carlsbad as follows:
24 A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
2g APPROVES CUP 226(B), based on the following findings and subject to the
following conditions:
27 "
28
testimony and arguments, if any, of all persons desiring to be heard, said Commission
considered all factors relating to CUP 226(B).
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
FtnHinpt
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1. That the requested use is necessary or desirable for the development of the
community, is essentially in harmony with the various elements and objectives of
the general plan, and is not detrimental to existing uses or to uses specifically
permitted in the zone in which the proposed use is to be located;
2. That the site for the intended use is adequate in size and shape to accommodate
the use;
3. That all of the yards, setbacks, walls, fences, landscaping, and other features
necessary to adjust the requested use to existing or permitted future uses in the
neighborhood will be provided and maintained;
4. That the street sj^tem serving the proposed use is adequate to properly handle all
traffic generated by the proposed use.
Conditions:
1. Approval of CUP 226(B) is granted subject to aU conditions of CUP 226, Planning
Commission Resolution No. 2088, and CUP 226(A), Planning Commission
Resolution No. 2612, incorporated herein fay reference and on file in tfae Planning
Department, except tfaat conditions no's 7 and 12 of Planning Commission
Resolution No. 2088 are replaced fay conditions no's 2 and 3 below.
2. The delicatessen may contain a maximum of five (5) tables and/or ten (10) cfaair
for the consumption of food on the premises.
3. This conditional use permit is granted for a period of ei^ years and one month
from tfae date of eviration, or from Marcfa 9, 1988 to March 18, 1997. This
conditional use permit shall be reviewed by the Planning Director on a yearly basis
to determine if all conditions of this permit have been met and that the use does
not have a significant detrimental impact on surrounding properties or the public
health and welfare. If the Planning Director determines that the use has such
significant adverse impacts, the Planning Director shall recommend that the
Planning Conunission, after providing the permittee the opportunity to be heard,
add additional conditions to mitigate the significant adverse impacts. This permit
may be revoked at any time after a public hearing, if it is found that the use has
a significant detrimental effect on surroimding land uses and the public's health
and welfare, or the conditions imposed herein have not been met. This permit
may be extended for a reasonable period of time not to exceed five (5) years upon
written application of the permittee made no less than 90 days prior to the
expiration date. In granting such extension, the Planning Commission shall find
that no substantial adverse effect on surroimding land uses or the public's health
and welfare will result because of the continuation of the permitted use. If a
substantial adverse effect on surrounding land uses or the public's health and
welfare is found, the extension shall be considered as an original application for
a conditional use permit. There is no limit to the number of extensions the
Planning Commission may grant.
PC RESO NO. 3366 -2-
4. Any additional sewer fees reqtdzed because of the allowance of seating shall be
paid in accordance with City Ordinances.
1
2
3
4
5
6 NOES
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the Qty of Carlsbad, Califomia, held on the 18th day of March, 1992, by
the following vote, to wit:
AYES:
7 ABSENT:
8 ABSTAIN:
9
10
11
12
13
14 ATTEST:
15
16
TOM ERWIN, Chairperson
CARLSBAD PLANNING COMMISSION
MG:km:lh
17 MICHAEL J. HOLZMILLER
PLANNING DIRECTOR
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28 PC RESO NO. 3366
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PLANNING COMMISSION RESOLUTION NO. 3367
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CAUFORNIA, APPROVING AN
AMENDMENT TO A CONDITIONAL USE PERMIT TO ALLOW
TABLES AND CHAIRS AT THE PALOMAR DEU ON
PROPERTY GENERALLY LOCATED AT 6150 YARROW
DRIVE.
CASE NAME: LLOYD KIM
CASE NO: CUP 250fB)
WHEREAS, a verified application has been filed with the Gty of Carlsbad
and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided by
Titie 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on the 18th day of March, 1992, hold a duly noticed public hearing to
consider said application on property described as:
Lot 2 of Carlsbad Tract 79-14, according to Map No. 9744 in
the Qty of Carlsbad, County of San EHego, State of Califomia,
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of all persons desiring to be heard, said Commission
considered all factors relating to CUP 250(B).
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES CUP 250(B), based on the following findings and subject to the
following conditions:
22
That the street system serving the proposed use is adequate to properly handle all
traffic generated by the proposed use.
Conditions:
1. That the requested use is necessary or desirable for the development of the
community, is essentially in harmony with the various elements and objectives of
2 the general plan, and is not detrimental to existing uses or to uses specifically
permitted in the zone in which the proposed use is to be located;
3
That the site for the intended use is adequate in size and shape to accommodate
^ the use;
5 II
That all of the yards, setbacks, walls, fences, landscaping, and other features
Q necessary to adjust the requested use to existing or permitted future uses in the
neighborhood will be provided and maintained;
7
8
9
10
Approval of CUP 250(B) is granted subject to all conditions of CUP 250(A),
11 Planning Commission Resolution No. 2613, and CUP 250, Planning Commission
22 Resolution No. 2318, incorporated herein 1^ reference and on file in tfae Planning
Department, except tfaat condition no's. 7 and 12 of Planning Commission
13 Resolution No. 2318 are replaced with condition no's 2 and 3 below.
14 2. Tfae delicatessen may contain a TnaTimiim of five (5) tables and/or ten (10) chairs
for tfae consumption of food on tfae premises.
15
25 3. This conditional use permit is granted for a period of seven years and nine months
from the date of esqnration, or from July 11, 1989 to I^rcfa, 18, 1997. This
17 conditional use permit shall be reviewed by the Planning Director on a yearly basis
to determine if all conditions of this permit have been met and that the use does
-^8 not have a significant detrimental impact on surrounding properties or the public
2g health and welfare. If the Planning Director determines that the use has such
significant adverse impacts, the Planning Director shall recommend that the
20 Planning Commission, after providing the permittee the opportunity to be heard,
add additional conditions to mitigate the significant adverse impacts. This permit
21 may be revoked at any time after a public hearing, if it is found that the use has
a significant detrimental effect on surrounding land uses and the public's health
and welfare, or the conditions imposed herein have not been met. This permit
23 may be extended for a reasonable period of time not to exceed five (5) years upon
written application of the permittee made no less than 90 days prior to the
24 expiration date. In granting such extension, the Planning Commission shall find
that no substantial adverse effect on surrounding land uses or the public's health
and welfare will result because of the continuation of the permitted use. If a
25 substantial adverse effect on surrounding land uses or the public's health and
welfare is found, the extension shall be considered as an original application for
27 a conditional use permit. There is no limit to the number of extensions the
Planning Commission may grant.
28
PC RESO NO. 3367 -2-
4. Any additional sewer fees required because of the allowance of seating shall be
paid in accordance with Qty Ordinances.
^ PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
2
Commission of the Qty of Carlsbad, Califomia, held on the 18th day of March, 1992, by
the following vote, to wit:
3
4
5
5 NOES:
9
10
11
AYES:
7 ABSENT:
8 ABSTAIN:
TOM ERWIN, Chairperson
13
14 ATTEST:
15
16
MG:kni:lh
17 MICHAEL J. HOLZMILLER
PLANNING DIRECTOR
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CARLSBAD PLANNING COMMISSION
PC RESO NO. 3367
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2 PLANNING COMMISSION RESOLUTION NO. 3368
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25
WHEREAS, a verified application has been filed with the City of Carlsbad and
referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided by Titie
3 A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CAUFORNL^ APPROVING AN
AMENDMENT TO A CONDITIONAL USE PERMIT TO ALLOW
5 TABLES AND CHAIRS AT THE FARADAY DEU ON PROPERTY
GENERALLY LOCATED AT 2235 FARADAY AVENUE.
6 CASE NAME: CHOI SANDWICH SHOP
CASE NO: CUP 270(A)
7
8
9
10
11
22 21 of the Carlsbad Municipal Code; and
13 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
1^ Commission did, on the 18th day of March, 1992, hold a duly noticed public hearing to
15
consider said application on property described as:
16
Lot 8 of Carlsbad Tract 81-10, Unit No. 1, according to Map
17 No. 10330 in the City of Carlsbad, County of San Diego, State
of Califomia, filed February 22, 1982,
2 9 WHEREAS, at said public hearing, upon hearing and considering all testimony
20 and arguments, if any, of all persons desiring to be heard, said Commission considered all
21 factors relating to CUP 270(A).
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
25 B) That based on tiie evidence presented at the public hearing, the Commission
APPROVES CUP 270(A), based on the following findings and subject to tiie
27 following conditions:
28
1
1. That the requested use is necessary or desirable for the development of the
2 community, is essentially in harmony with the various elements and objectives of
2 the general plan, and is not detrimental to existing uses or to uses specifically
permitted in the zone in which the proposed use is to be located;
4
That the site for the intended use is adequate in size and shape to accommodate the
5 use;
^ 3. That all of the yards, setbacks, walls, fences, landscaping, and other features
rj necessary to adjust the requested use to existing or permitted future uses in the
neighborhood will be provided and maintained;
8
4. That the street system serving the proposed use is adequate to properly handle all
9 traffic generated by the proposed use.
17
27
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Conditions: 10
11
Approval of CUP 270(A) is granted subject to all conditions of Planning Commission
12 Resolution No. 2434, incorporated herein by reference and on file in tfae Planning
Department, except tfaat conditions no's. 7 ^id 8 are replaced witfa conditions no's
12 3 and 2 below, respective^.
14
2. Tfae delicatessen may contain a maximum of five (5) tables and/or ten (10) chairs
15 for tfae consumption of food on the premises.
1^ 3. This conditional use permit is granted for a period of six years and eleven months
from the date of expiration, or from April 24, 1990 to Marcfa 18, 1997. This
conditional use permit shall be reviewed by the Planning Director on a yearly basis
28 to determine if all conditions of this permit have been met and that the use does not
have a significant detrimental impact on surrounding properties or the public health
19 and welfare. If the Planning Director determines that the use has such significant
adverse impacts, the Planning Director shall recommend that the Planning
^ Commission, after providing the permittee the opportunity to be heard, add
22 additional conditions to mitigate the significant adverse impacts. This permit may
be revoked at any time after a public hearing, if it is found that the use has a
22 significant detrimental effect on surrounding land uses and the public's health and
welfare, or the conditions imposed herein have not been met. This permit may be
^2 extended for a reasonable period of time not to exceed five (5) years upon written
2^ application of the permittee made no less than 90 days prior to the expiration date.
In granting such extension, the Planning Commission shall find that no substantial
2 5 adverse effect on surrounding land uses or the public's health and welfare will result
because of the continuation of the permitted use. If a substantial adverse effect on
26 surrounding land uses or the public's health and welfare is found, the extension
shall be considered as an original application for a conditional use permit. There
is no limit to the number of extensions the Planning Commission may grant.
PC RESO NO. 3368 -2-
4. Any additional sewer fees required because of tfae allowance of seating sfaall be paid
1 in accordance witfa Qty Ordinances.
2 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
3
Commission of the City of Carlsbad, Califomia, held on the 18th day of March, 1992, by
the following vote, to wit:
AYES:
NOES:
4
5
6
7
8 ABSENT:
9 ABSTAIN:
10
11
12
12 TOM ERWIN, Chairperson
24 CARLSBAD PLANNING COMMISSION
15 ATTEST:
16
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18 MICHAEL J. HOLZMILLER
PLANNING DIRECTOR
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21 MG:kni:lh
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PC RESO NO. 3368 -3-
1
2 PLANNING COMMISSION RESOLUTION NO. 3369
3 A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CAUFORNL^ APPROVING AN
^ AMENDMENT TO A CONDITIONAL USE PERMIT TO ALLOW
5 TABLES AND CHAIRS AT THE STARVIN MARVIN'S DEU ON
PROPERTY GENERALLY LOCATED AT 5431 AVENIDA
6 ENCINAS.
CASE NAME: STARVIN MARVIN'S
7 CASE NO: -CUP 301 fA)
8
9 I WHEREAS, a verified application has been filed with the City of Carlsbad
10 and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided by
Titie 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on the 18th day of March, 1992, hold a duly noticed public hearing to
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WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of all persons desiring to be heard, said Commission
25 consider said application on property described as:
17 Parcel 1 as shown on Page 13051 of parcel maps filed
December 9, 1983, within the Qty of Carlsbad, County of
18 San Diego, State of California,
19
20
21
22 considered all factors relating to CUP 301(A).
23 NOW, THEREFORE, BE IT HEREBY RESOLVED by tiie Planning Commission
24 of the Qty of Carlsbad as follows:
OR
A) That the foregoing recitations are true and correct.
26
B) That based on the evidence presented at the public hearing, the Commission
27 APPROVES CUP 301(A), based on the following findings and subject to the
following conditions:
28
PinHingjs;
1 1. That the requested use is necessary or desirable for the development of the
community, is essentially in harmony with the various elements and objectives of
2 the general plan, and is not detrimental to existing uses or to uses specifically
J permitted in the zone in which the proposed use is to be located;
4 2. That the site for the intended use is adequate in size and shape to accommodate
the use;
5
3. That all of the yards, setbacks, walls, fences, landscaping, and other features
^ necessaiy to adjust the requested use to existing or permitted future uses in the
rj neighborhood will be provided and maintained;
8 4. That the street system serving the proposed use is adequate to properly handle all
traffic generated by the proposed use.
9
10
17
24
Conditions:
21 1 • ^proval of CUP 301 (A) is granted subject to all conditions of CUP 301, Planning
Commission Resolution No. 2652, incorporated herein by reference and on file in
12 tfae Planning Department, except tfaat conditions no's. 5 and 8 are replaced with
coulitions no's. 3 and 2, respectively.
24 2. The delicatessen may contain a maTimnm of five (5) tables and/or ten (10) chairs
for the consumption of food on tfae premises.
15
This conditional use permit is granted for a period of five years from the date of
16 this approval, witfa a new expiration date of March 18,1997. This conditional use
permit shall be reviewed by the Planning Director on a yearly basis to determine
if all conditions of this permit have been met and that the use does not have a
28 significant detrimental impact on surrounding properties or the public health and
welfare. If the Planning Director determines that the use has such significant
19 adverse impacts, the Planning Director shall recommend that the Planning
Commission, after providing the permittee the'opportunity to be heard, add
additional conditions to mitigate the significant adverse impacts. This permit may
22 ^ revoked at any time after a public hearing, if it is found that the use has a
significant detrimental effect on surrounding land uses and the public's health and
22 welfare, or the conditions imposed herein have not been met. This permit may be
extended for a reasonable period of time not to exceed five (5) years upon written
23 application of the permittee made no less than 90 days prior to the expiration
date. In granting such extension, the Planning Commission shall find that no
substantial adverse effect on surrounding land uses or the public's health and
25 welfare will result because of the continuation of the permitted use. If a
substantial adverse effect on surrounding land uses or the public's health and
26 welfare is found, the extension shall be considered as an original application for
a conditional use permit. There is no limit to the number of extensions the
Planning Commission may grant.
28
4. Any additional sewer fees required because of tfae allowance of seating sfaall be
paid in accordance witii Qty Ordinances.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, Califomia, held on the 18th day of March, 1992, by
1
2
3
4 the following vote, to wit:
5 AYES
^ NOES
7 ABSENT:
ABSTAIN:
8
9
10
11
12
TOM ERWIN, Chairperson
13 CARLSBAD PLANNING COMMISSION
ATTEST:
MG:lcm:ih
14
15
16
^'^ MICHAEL J. HOLZMILLER
28 PLANNING DIRECTOR
19
20
21
22
23
24
25
26
27
28
PC RESO NO. 3369
1
2 PLANNING COMMISSION RESOLUTION NO. 3370
3 A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING AN
^ AMENDMENT TO A CONDITIONAL USE PERMIT TO ALLOW
5 TABLES AND CHAIRS AT THE LA PLACE DEU ON
PROPERTY GENERALLY LOCATED AT 5950 LA PLACE
6 COURT.
CASE NAME: MISSION WEST
7 CASE NO: CUP 88-19fA)
8
9 WHEREAS, a verified application has been filed with the City of Carlsbad
10 and referred to the Planning Commission; and
11 WHEREAS, said verified application constitutes a request as provided by
12
Titie 21 of the Carlsbad Municipal Code; and
13
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
14
_ _ Commission did, on the 18th day of March, 1992, hold a duly noticed public hearing to 15
26 consider said application on property described as:
17 Lot 13 of Carlsbad tract 81-10, Unit No. 1, according to Map
No. 10330 in the City of Carlsbad, County of San Diego,
18 State of Califomia, filed February 22, 1982,
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of all persons desiring to be heard, said Conunission
19
20
21
22 considered all factors relating to CUP 88-19(A).
2 3 NOW, THEREFORE, BE IT HEREBY RESOLVED by tiie Planning Commission
24 of the Qty of Carlsbad as follows:
A) That the foregoing recitations are trae and correct.
26
B) That based on tiie evidence presented at the public hearing, the Commission
27 APPROVES CUP 88-19(A), based on the following findings and subject to the
following conditions:
28
Pinrfinj^r
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1. That the requested use is necessary or desirable for the development of the
coimnunity, is essentially in harmony with the various elements and objectives of
the general plan, and is not detrimental to existing uses or to uses specifically
permitted in the zone in which the proposed use is to be located;
2. That the site for the intended use is adequate in size and shape to accommodate
the use;
3. That all of the yards, setbacks, walls, fences, landscaping, and other features
necessary to adjust the requested use to existing or permitted future uses in the
neighborhood will be provided and maintained;
4. That the street system serving the proposed use is adequate to properly handle all
traffic generated by the proposed use.
Conditions:
1. ^proval of CUP 88-19(A) is granted subject to all conditions of CUP 88-19,
Planning Commission Resolution No. 2826, incorporated herein fay reference and
on file in the Planning Department, except tfaat conditions no's. 9 and 15 are
replaced witfa conditions no's. 3 and 2 below, respectively.
2. Tfae delicatessen may contain a maximimi of five (5) tables and ten (10) chairs for
the consumption of food on tfae premises.
3. This conditional use permit is granted for a period of five years from the date of
this approval, witii a new expiration date of March 18,1997. This conditional use
permit shall be reviewed by the Planning Director on a yearly basis to determine
if all conditions of this permit have been met and that the use does not have a
significant detrimental impact on surrounding properties or the public health and
welfare. If the Planning Director determines that the use has such significant
adverse impacts, the Planning Director shall recommend that the Planning
Commission, after providing the permittee the opportunity to be heard, add
additional conditions to mitigate the significant adverse impacts. This permit may
be revoked at any time after a public hearing, if it is found that the use has a
significant detrimental effect on surrounding land uses and the public's health and
welfare, or the conditions imposed herein have not been met. This permit may be
extended for a reasonable period of time not to exceed five (5) years upon written
application of the permittee made no less than 90 days prior to the expiration
date. In granting such extension, the Planning Commission shall find that no
substantial adverse effect on surrounding land uses or the public's health and
welfare will result because of the continuation of the permitted use. If a
substantial adverse effect on surrounding land uses or the public's health and
welfare is found, the extension shall be considered as an original application for
a conditional use permit. There is no limit to the number of extensions the
Planning Commission may grant.
PC RESO NO. 3370 -2-
14
15
16
17
18
19
4. Any additiraial sewer fees required because of tfae allowance of seating shall be
paid in accordance witfa Qty Ordinances.
PASSED, APPROVED, AND ADOPTED at a regular meeting of tiie Planning
Commission of the City of Carlsbad, Califomia, held on the 18th day of March, 1992, by
4 the following vote, to wit:
5 AYES:
^ NOES:
7
ABSENT:
ABSTAIN:
8
9
10
11
12
TOM ERWIN, Chairperson
13 CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLZMILLER
PLANNING DIRECTOR
20 MG:lanJh
21
22
23
24
25
26
27
28
VAN VOORHIS/SHORTER
Git) of OiHiM
CUP 215(B)
/
City of Carislai
ID OOA/R\
/
Git) If Gifbti^
LLOYD KIM CUP 250(B)
STARVIN' MARVIN'S CUP 301(A)
City of CarlshaH
DISCLOSURE STATEMENT
APPUCANTS STATEMENT OP DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPUCATIONS
WHICH WIU REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL OR ANY APPOINTED
BOARD. COMMISSION OR COMMITTEE.
fPieasB Print)
The followif^g information must b« disciostd:
1 Applicant
Ust th« namas and iddrtsMS of ail parsons having a financial intarast in tha application.
2. Ownar
Ust tha namas and addraasM of all parsona having any ownarship intarast in tha proparty involved. I and addraasM
hi ^AL/n/
If any parson idantiflad purauant to (1) or (2) abova ia a corporation or partnarship, list tha names
addraaaaa of all individuals ovvning mora than 10% of tha sharaa in tha corporation or owning any panne
intarast in tfia partnarship.
If any parson idantiflad pursuant to (1) or (2) abevs is a non-proflt orgsnizstion or a tnjat list tha namet
addraaaaa of any parson ssrving ss oftlesr or dirsctor of ths non^oflt orgsnizstion or ss tnjstaa or benef
of tha tnjst
Oisdosurs Statsmant Page 2
Have you had mora than $250 worth of businaaa transacted with any mambar of City staff. Scar
Commissions, Committees and Council within tha past twalva months?
Yes No If yes, pisssa indicate per$on(s).
Person is defined as: 'Any individuai. firm, copartnership, joint venture, association, social cluO. fratemai
organization, corporation, estate, tnjst receiver, syndicate, this and any other county, city and county, CT^
municipality, district or other politicai suOdivision, or any other group or combinatioff acting as a unit.'
(NOTE: Attach additional pagaa as necessary.)
Signsturs of Ownsr/dsts Signsturs of spplicsnVdsts
Print or type nama of ownar Print or typa nama of applicant
City of n«H^^
DISCLOSURE STATEMENT
APPUCANTS STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPUCATIONS
WHICH Wia REQUIRE OlSCRETlONAflY ACTJON ON THE PART OF THE CITY COUNCIL OR ANY APPOINTS^
BOARD. COMMISSION OR COMMITTEE.
(Please Print)
The following information must ba disclosad:
1 Applicant
Usttha nsmaa and sddrsssaa of sil parsona having a financial intarast in ths application.
Mt^NT^ CT U t>. r AT"
2. Ownar
Ust tha namas snd sddrsssaa of all parsons hsving any ownsrship intsrsst in ths property involved.
If any parson idantiflad pursuant to (1) or (2) sbova is s eorporstion or psrtnarship. list ths names
addrsssss of sil individusis owning mors thsn 10% of ths shsrss in tha eorporstion or owning any partner
intsrsst in ths psrtnarship.
If sny parson idsntiflsd pursuant to (1) or (2) sbova is s non-profll orgsnizstion or s tnist, list ths names
addrsssaa of sny parson serving ss offlcar or director of ths non-proflt orgsnizstion or ss trustsa or benefi
of tha trust.
Oisdosurs Statamant Page 2
5 Have you had more than $250 worth of business transacted with any member of City staff. 3ca.'
Commissions. Committees snd Council within \h% psst twelve months?
Yes No 2L ^ yM- P'««ss indicsts person(s)
I
Person is defined as: 'Any individual, firm, copannership, joint venture, association, social club, fraternal
organization, corporation, eststs, tnjst receiver, syndicate, this and sny other county, city and county, c.ry
municipality, distha or other political subdivision, or any other group or combinatic ~ acting as a unit.'
(NOTE: Attach sdditionsi psgss as necessary.)
Signsturs of Ownsr/dsts Q Signsturs of spplicsnt/dsts
Print or typa nama of ownar Print or typa nama of spplicsnt
City of Carlsbad
DISCLOSURE STATEME^f^
APPUCANTS STATEMEFfT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPUCATONS
WHICH WILL REQUIRE DISCRETIONARY ACTJON ON THE PART OF THE CITY COUNCIL OR ANY APPOlNTPn
BOARD. COMMISSION OR COMMfTTEE.
(Please Print)
The following informstion must bs disciossd:
1 Applicant
t tha names and sddrsssaa of all parsona having a finandai intareat in tha application.
2. Ownar
Ust tha namas and addrassss of all parsons having sny ownsrship intsrsst in ths property iovcived
If any person idantiflad pursuant to (1) or (2) abova ia a corporation or psrtnsrship, list the names
addrassss of sil individusis owning mora thsn 10% of tha shsrss in ths eorporstion or owning sny partner
intsrsst in ths psrtnsrship.
4. tf sny psrson idsntiflsd pursuant to (1) or (2) sbevs is s non-proflt orgsnizstion or s trust, list ths nsmes
addrsssss of sny psrson ssiving ss offlcsr or dirsctor of ths non-proflt orgsnizstion or ss tnjstss or benefu
of ti^tnisL
Oisdosurs StatsrrMnt Page 2
Have you. had mors thsn $250 worth of business trsnssctsd with any msmber of City staff, Sea.-
Commissions, Committees and Coundl within the psst twelve months?
Yes No If yes, pissss indicsts person(s)
Person is defined as: 'Any individusl. firm, copannership, joint venture, association, social club, fraternal
organization, corporation, estate, tnjst receiver, syndicate, this arKi any other courrty, cny and county, c.ty
municipality, district or other political subdivision, or any other group or combination acting as a unit.'
(NOTE: Attach additional pagaa as necessary.)
ignsturs of Ownsr/dsts Signsturs of spplicsnt/dsts
Print or typs nsms of ownsr Print or typa nama of applicant
^"'^ City of C^^H
DISCLOSURE STATEMEhJT
APPUCANTS STATEMEh^T OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPUCAT.CNS
WHICH WILL REQUIRE OlSCRETIONAflY ACTION ON THE PART OF THE CITY COUNCIL OR ANY APPOINTED
BOARD. COMMISSION OR COMMrTTEE.
'Please Print)
The following information must ba disclosed:
1 Applicant
UsUhe names and sddressss of all persons hsving s finsndsl intsrsst in ths application.
Ownar
Ust tha names snd sddrsssss of all psrsons hsving sny ownsrship intsrsst in ths property involved.
If any parson idsntiflsd pursusnt to (1) or (2) sbovs is s eorporstion or psrtnsrship, list the names
addrsssss of sU individusis owning mors thsn 10% of ths shsrss in ths eorporstion or owning any parcnei
intsrsst in ths psrtnsrship.
4. If sny psrson idsntiflsd pursusnt to (1) or (2) sbovs is s non-proflt orgsnizstion or s taist. list ths namej
addrsssss of sny psrson ssrving ss ofltesr or dirsctor of ths non-proflt orgsnizstion or ss trustss or benef
of U^s trust
Oisdosurs Statsmsnt Page 2
Have you had mors thsn $250 worth of business trsnssctsd with any msmber of City staff Bca-
Commissions. Committees snd Counol within ths psst twsivs monti^s?
Yes No ^iC^ tf yss, pissss indicate person(s)
Person is defined as: 'Any individual, firm, copannership, joint venture, association, social club, fraterraj
organization, corporation, estate, tnjst. receiver, syndicate, this and any other county, city and county, CT/
municipality, district or other political subdivis on, or any other group or combination acting as a unit.'
(NOTE: Attach sdditionsi psgss ss nec. .isry.)
Mature d|f Ownsr/dst)l Sigf^alurs 6jl Ownsr/dstil Signsturs of spplicsnVdsts
Print or typs nsms of ownsr Print or typs nsms of spplicsnt
CupJoliA) City of CarishaH
DISCLOSURE STATEMENT
APPUCANTS STATEMEhTT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON AU APPUCATCNS
WHICH WILL REQUIRE DlSCRETlOI^Y ACTION ON THE PART OF THE CITY COUNCIL OR ANY APPClN'=-!
BOARD. COMMISSION OR COMMfTTEB.
'Please Print)
The following information must bs disclosed:
1 Applicant
Ust the names and sddrsssss of all persons hsving s finsndsl intsrsst in ths application.
2. Ownar
Ust the names and addrsssss of all psrsons hsving sny ownsrship intsrsst in ths property involved.
'^A^'M. t\rim^ ________________
3. If any psrson idsntiflsd pursusnt to (1) or (2) sbova is s eorporstion or psrtnsrship, list the names
addressss of sil individusis owning mors ti^sn 10% of ths shsrss in ths eorporstion or owning any partne
intsrsst in ths psrtnsrship.
If any psrson idsntiflsd pursusnt to (1) or (2) sbovs is s non-proflt orgsnizstion or s tnjst. list ths name:
addrsssss of sny psrson ssrving ss offlcsr or dirsctor of tha non-proflt orgsnizstion or ss tnistss or benet
of tils trust
Oisdosurs Statsmsnt Page 2
3. Have yoa had more than $250 worth of business ti'snssctsd witii any msmber of City staff. 3ca-
Commtssions. Committees and Counol within ths psst twsivs monms?
Yes No It yss, pissss indicsts person(s) ,
Person is defined as: 'Any individual, firm, copannership, joint venture, associatioo. social club, fraterrai
organization, corporation, estate, taist. receiver, syndicate, this and any other county, city and county, CT/
municipality, distna or other political subdivision, or any other group or combination acting as a unit.'
(NOTE: Attach additional psgss as nscsssary.)
Signaturs of-Ownff/dsts Signsturs of spplicsnt/dsts
A^^L>a^.- n£fZ.t^^Y f ^ = ;
Print or typs hsms of ownsr Print or typs nsms of spplicsnt
City of CarlsbarH
DISCLOSURE STATEMENT
APPUCANTS STATEMEhTT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPUCATCNS
WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL OR ANY APPOINTED
BOARD, COMMISSION OR COMMfTTEE.
(Please Print)
The following information must bs disciossd:
1 Applicant
Ust the names and addressss of all persons having a financial interest in tiie application.
2. Owner
Ust the names and addressss of sli psrsons hsving sny ownsrship intsrsst in ths property involved.
^^^^ rua^ A \
^•^rf {At\if 4^ "h-^lX
3. if any psrson identified pursusnt to (1) or (2) sbovs is s eorporstion or psrtnsrship, list tine names
addressss of sil individusis owning mors tiisn 10% of ttis shsrss in ths eorporstion or owning any panner
intsrsst in ths psnnsrship.
If sny psrson idsntiflsd pursusnt to (1) or (2) sbova ia a non-proflt organization or a trust, list ths names
Sddrsssss of sny psrson ssrving ss offlcsr or dirsctor of ths non-proflt orgsnizstion or as trustss or benefit
of ths trust
Oisdosurs Statsmsnt Page 2
Have you had more man $250 worth of business U'ansactsd witii any member of City staff. Scar
Commissions, Committees snd Council witiiin tins psst twelve months?
Yes No ^ tf yes, pissss indicsts person (s)
Person is defined as: 'Any individusl, firm, copannership, joint venture, association, social club, fraternal
organization, corporation, estate, trust receiver, syndicate, this and any other county, city and county, CT/
municipality, district or other political subdivision, or any other group or combination acting as a unit.'
(NOTE: Attach additional pagss as necessary.)
/
Signature of Ownsr/dsts Signsturs of spplicsnt/dsts
Print or typs nsms of ownsr Print or typs nsms of spplicsnt
City of Carlsbad
Planning Department
NOTICE OF EXPIRATION
Decennber 5, 1996
Carlsbad Pacific Business Center
c/o Tiie Koll Co
4275 Executive Square #250
La Jolla CA 92037
SUBJECT: CUP 270(A) - CHOI SANDWICH SHOP
In a recent audit of our records, we found that CUP 270(A) - CHOI SANDWICH SHOP
will expire on March 18, 1997. Should you, the property owner, require an extension
of this permit, please send the following:
^ Written request for an extension;
^ Completed Disclosure Statement (enclosed); and
A check in the amount of $900 ($555 for non-profit organizations). A
$500 deposit for noticing is included. Unused noticing monies will be
refunded upon completion of processing the request for an extension.
Send the required documents and warrants to:
Brandi King
City of Carlsbad
Planning Department
2075 Las Palmas Drive
Carlsbad CA 92009
Your request for an extension must be received before December 19, 1996, to allow
adequate time to process your application and sciiedule a hearing before the Planning
Commission. If you do not request an extension by this date, the permit will be
considered invalid and to continue operating, you will be required to submit an
application for a new permit, along with a check in the amount of $3,000 ($620 for
non-profit organizations).
Should you have any questions, please contact your staff planner, Mike Grim, in the
Planning Department at (619) 438-1161, extension 4499.
Sincerely,
BRANDI j$ING
Planning Department
c: File Copy
Staff Planner
2075 Las Palmas Dr. - Carlsbad, CA 92009-1576 - (619) 438-1161 - FAX (619) 430-0894 ^
City of Carlsbad
Planning Department
PLANNING COMMISSION
NOTICE OF DECISION
April 7, 1992
Faraday Deli
2235 Faraday Avenue "S"
Carlsbad. CA 92008
RE: CUP 270(A) - CHOI SANDWICH SHOP
At the Planning Commission meeting of March 18,1992, your application was considered.
The Commission voted 7-0 to APPROVE your request. Some decisions are final at
Planning Commission, and others automatically go forward to City Council. If you have
any questions regarding the final dispositions of your application, please call the Planning
Department at 438-1161.
MICHAEL J. HOLZMILLER
Planning Director
MJH:MG:km
Enclosed: Planning Commission Resolution No. 3368
•2075 Las Palmas Drive • Carlsbad, California 92009-1576 - (619)438-1161 ^
City of Carlsbad
Planning Department
April 10, 1991 f/^/<45^ -2-^^' '2237
Carisbad Pacific Business Center .
c/o The KoU Company ?ifiri>m ^7 I'^l'cM
7330 Engineer Road J U ^ I \\
SanDiego, CA 92111
SUBJECT: CUP 270 - CHOI - FARADAY DELI AT 2235 FARADAY AVENUE
The Conditional Use Pennit allowing the delicatessen at 2235 Faraday Avenue in the City
of Carlsbad is due for annual review. Part of this review involves verifying that all
conditions of approval of Planning Commission Resolution No. 2434 (copy enclosed) have
been met and being maintained. Condition No. 10 of your approving resolution states that
"no tables or chairs shall be provided for the consumption of food on premises." When
the Faraday Deli was recently visited, tables and chairs were found.
The delicatessens in the industrial areas are restricted to solely take-out operations because
of parking requirements. Delicatessens with indoor and/or outdoor seating are required
to provide the same parking supplies as restaurants, or 1 space for every 100 square feet
of gross floor area. As most industrial developments are parked very close to the minimum
allowed by the municipal code, the intense parking requirement of 1 space per 100 square
feet virtually prohibits delicatessens with seating. Since the large amount of employees in
the industrial area require some food service facilities in close proximity to their workplace,
the Plaiming Commission has allowed delicatessens without seating to be parked at a ratio
of 1 space per 200 square feet of gross floor area. While this lessened parking requirement
has allowed the locating of delicatessens within many industrial developments, it also
mandates that a condition of approval require no indoor or outdoor seating.
After reviewing the existing situation, and the flexibility allowed with a conditional use
permit, staff has arrived at a recommendation that could allow the delicatessen operators
to keep their tables and chairs while still complying with the conditions of the applicable
conditional use permit. Considering that most industrial developments have relatively low
occupancy at this time, a condition could be added to the approving resolution that would
allow seating provided the below two items occur. This assumes, of course, that there is
adequate parking to accommodate all existing uses.
1. A Notice of Deed Restriction be placed on the property notifying all
interested parties that a conditional use permit has been issued on the site
2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161
CARLSBAD PACIFIC BUSINESS CENTER
APRIL 10, 1991
PAGE TWO
and that the proportions of office and manufacturing uses are restricted to
certain square footage limits. Any future tenant improvements and business
licenses would then be restricted as stated in the deed restriction.
2. Floor plans showing the current tenant improvements and the square
footages of all uses within all buildings on the property be submitted and
verified.
Since a conditional use permit runs with the land and not the delicatessen use, the property
owner is responsible for maintaining all conditions of approval and only the property
owner, or his/her agent, can amend the permit. Should you wish to allow the tables and
chairs within the Faraday Deli to remain, please complete and sign the enclosed application
form and disclosure statement and return to the address below within 30 days of the date
of this correspondence. The Planning Department will then contact you regarding the
amendment procedure. Please note that the items listed above will be required prior to
final approval of the conditional use permit amendment.
If no reply to this correspondence is received within 30 days, it will be assumed that no
amendment to CUP 270 is desired and enforcement of the conditions of approval will be
pursued. As the property owner, you are responsible for the continued satisfaction of the
approving conditions. If the tables and chairs remain without an amendment to the
conditional use permit, the parking will be adversely impacted and could prevent the
potential for future tenant improvements and/or business licenses.
Please feel free to contact me at (619)438-1161 extension 4499 if you have any questions
about your conditional use permit or the enclosed application materials.
Sincerely,
MICHAEL dftl^
Assistant Planner
Enclosures
Erin Letsch
Don Neu
Van Lynch
David Rick
Faraday Deli
CUP270.Ur
MG:vd
Notice of Detmnination 920218
To: Office of Planning and Research
14(X) Tenth Street, Room 121
Sacramento, CA 95814
From:
X IT Annette J.Evans, Clerk [D)
MAR 2 5 1992
City of Carlsbad
Planning Department
2075 Las Palmas Dr.
Carlsbad, CA 92009
(619) 438-1161 County Clerk
County of San Diego
Atto: Mail Drop C-l 1
220 West Broadway
San Diego, CA 92101
Project No.: CUP 270(A)
Filing of Notice of Detenoination in coiiq>liance with Section 21108 or 21152 of the PubHc Resources Code.
Choi Sandwich Shop (Industrial Deli Seating)
Project Title
City of Carlsbad. Mike Grim (619)438-1161x4499
State Qearinghouse Number
(If submitted to Clearinghouse)
Lead Agency
Contact Person
Area Code/Telephone/Extension
2235 Faraday Avenue. City of Carlsbad. Countv of San Diego
Project Location (include county)
Project Descnption: 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.
MICHAEL J. HOL^LLER ^ Date
PLANNING DIRECTOR
TITLE
Date received for filing at OPR: KL»D IV THE OFPICB OF THl OOUHTY OLBEK,
SAlffDIHQOCOUirTTOM MAR 2 5 tWg '
PosTiD MAR 2 5 199?..RgMov^D APR ZTm
MTURjyjBD TO AOBWCT ON IQ-^
DEPUTY ~ " Revised UCttfl^r 1989
MG:km
CALflbjIA DEPARTMENT OF FISH Al^^AME
PO BOX 944209
SACRAMENTO CA 94244-2090
CERTIFICATE OF FEE EXEMPTION
De Minimis Impact Finding
Project Title/Location (include county):
CUP 270(A) - Choi Sandwich Shop (Industrial Deli Seating)
2235 Faraday Avenue, City of Carlsbad, Coimty of San Diego
Name and Address of >^plicant:
Faraday DeU
2235 Faraday Avenue, Carlsbad, CA 92008
Project Description:
Amendment to existing Conditional Use Permit to allow tables and chairs within the deli.
Findings of Exemption (attach as necessaiy):
1. The City of Carlsbad Planning Department has completed an Environmental Initial
Study for the above referenced property, induding evaluation of the proposed
projecf s potential for adverse enviromnental 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 Gty 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
presmnption 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
cimiulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of
the Fish and Game Code.
MICHAEL J. HOLZMILLER
Title: Plaiming Director
Lead Agency: Citv of Carlsbad
Date: March 20. 1992
MG:km
Section 711.4, Fish and Game Code
DFG:12/90
• NOTICE OF PUBLIC HEARI
NOTICE IS HEREBY GIVEN that the Plaimmg Commission of the City of Carlsbad will hold
a pubUc hearing at the Covmcil Chambers, 1200 Carlsbad Village Drive, Carlsbad,
Califomia, 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 deUcatessens 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, Coimty of San Diego, State of Califomia.
Those persons wishing to speak on this proposal are cordially invited to attend the public
hearing. Copies of the staff report v^ 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 deUvered to the City of Carlsbad at
or prior to the pubUc 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 IJOCATION OF DBJ
I
City of CarisiMii
CUP 215(B)x1/CUP 226(B)x1/
CUP 250(B)x1/CUP 270(A)x1/
INDUSTRIAL DELI SEATING CUP 301(A)x1/CUP 88-19(A)x1
Carlsbad Journal
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
Proof of Publication
STATE OF CAUFORNIA, 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 prindpal derk 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 GIVKN that the Plan-
ning Commission of the City of Carlsbad will
hold 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 Carlsbaci, County of San Diego, State of
Califomia. ' • '•
Those persons wishing to speak on this pro-
posal are cordially invited to attend the pub-
lic 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 6378: March 5,1992
March 05
Glr) si GiH^bifl
CljP Z1S(Blxl/ajP 22S(BlxV CUP 2S0{B]iVCUP 2ro(A)xV
CtP XttAtxVtMP 88-I9(A)x1
1911
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
itv of Carisbad
DISCLOSURE STATEMENT
APPUCANTS STATEMEhTT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPUCATIONS
WHICH WIU. REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL OR ANY APPOINTED
BOARD. COMMISSION OR COMMITTEE.
(Please Print)
The following information must b« disclosed:
1. Applicant
U^J^e^^^^e^^d^^dresses of all persons having a financial interest in the application.
Owner
Ust the names and addresses of ail persons having any ownership interest in the property involved.
3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names ar
addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnersl-
interest in the partnership.
If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names ar
addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficia
of the trust.
(Over)
Disdosure Statement ' Page 2
5. Have you had more than $250 worth of business transacted with any member of City staff, Boarcs
Commissions, Committees and Council within the past twelve months?
Yes No If yes, please indicate person(s)
Person is defined as: 'Any Individuai, firm, copartnership, joint venture, association, social ciub, fraternal
organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city
municipality, district or other political sutxjivision, or any other group or combination acting as a unit.'
(NOTE: Attach additional pages as necessary.)
^t^j Owner/((aya Sigfiature df Owner/data Signature of applicant/date
Print or type narrie of owner Print or type name of applicant