HomeMy WebLinkAboutMCUP 07-13; Pickles Deli & Catering; Conditional Use Permit (CUP)FILECOPY
City of Carlsbad 3
Planning Department
November 5, 2007
Soumaya Tabar Nasser
Ste 200
5650 El Camino Real
Carlsbad, CA 92008
SUBJECT: MCUP 07-13 - PICKLE'S DELI AND CATERING- Request for the continued
operation of a delicatessen with catering at 5650 El Camino Real, Ste. 200, in the M-Q Zone
and Local Facilities Management Zone 5.
Dear Soumaya Tabar Nasser,
The Planning Director has completed a review of your application for a Minor Conditional Use
Permit 07-13 for a delicatessen with catering at 5650 El Camino Real, Ste. 200. A notice was
sent to property owners within a 300' radius of the subject property requesting comments
regarding the above request. No comments were received within the ten day notice period
(ending on November 5, 2007). After careful consideration of the circumstances surrounding
this request, the Planning Director has determined that the four findings required for granting a
Minor Conditional Use Permit can be made and therefore, APPROVES this request based on
the following findings and conditions.
Findings:
1. That the requested use is necessary or desirable for the development of the community,
and is in harmony with the various elements and objectives of the general plan,
including, if applicable, the certified local coastal program, specific plan or master plan in
that the existing deli with catering provides an appropriate support service to the
permitted uses in the Industrial Zone, is not detrimental to permitted uses in the
vicinity and is conditionally permitted in the Industrial Zone.
2. That the requested use is not detrimental to existing uses or to uses specifically
permitted in the zone in which the proposed use is to be located in that the existing
delicatessen will not result in any additional building coverage and there will be
no alterations to the existing site design.
3. That the site for the proposed conditional use is adequate in size and shape to
accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer
areas, landscaping and other development features prescribed in this code and required
by the Planning Director in order to integrate the use with other uses in the
neighborhood in that the delicatessen is existing and no modifications are being
proposed and the continuation of the use will not significantly change the
building appearance. The original approval of the use was granted with approval
of CUP 87-08 on December 16,1987.
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us
MCUP 07-13 PICKLE'S DEW\ND CATERING EXTENSION
November 5, 2007
Page 2 ;
4. That the street system serving the proposed use is adequate to properly handle all
traffic generated by the proposed use in that the continued operation of the existing
deli will not generate additional traffic than has already been conditioned in SDP
84-5.
Conditions:
1. Approval is granted for MCUP 07-13 as shown on Exhibits A and B dated August 21,
2002 on file in the Planning Department and incorporated herein by reference.
Development shall occur substantially as shown unless otherwise noted in these
conditions.
2. If any of the following conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on
the property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer,
or a successor in interest by the City's approval of this Minor Conditional Use Permit.
3. Staff is authorized and directed to make, or require the Developer to make, all
corrections and modifications to the MCUP 07-13 documents, as necessary to make
them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any
proposed development different from this approval shall require an amendment to this
approval.
4. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
hold harmless the City of Carlsbad, its Council members, officers, employees, agents,
and representatives, from and against any and all liabilities, losses, damages, demands,
claims and costs, including court costs and attorney's fees incurred by the City arising,
directly or indirectly, from (a) City's approval and issuance of this Minor Conditional
Use Permit, (b) City's approval or issuance of any permit or action, whether
discretionary or non-discretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the facility
of electromagnetic fields or other energy waves or emissions.
5. The Developer shall comply with all applicable provisions of federal, state, and local
ordinances in effect at the time of building permit issuance.
6. This project shall comply with all conditions and mitigation measures, which are required
as part of the Zone 5 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
7. This project shall comply with all conditions required as part of the approved Conditional
Use Permit (CUP 87-08) as contained in Planning Commission Resolution No. 2704 and
incorporated by reference herein except for Conditions Nos. 2, 3, 4, 6 and 8 which have
MCUP 07-13 PICKLE'S DETTAND CATERING EXTENSION
November 5, 2007
Page3
been previously satisfied and Condition No. 7 which is replaced by Condition No. 8
below.
8. MCUP 07-13 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 substantial
negative effect on surrounding properties or the public health, safety and general
welfare. If the Planning Director determines that: 1) the minor conditional use permit
was obtained by fraud or misrepresentation; or 2) the use for which such approval is
granted is not being exercised; or 3) the conditions of approval have not been met; or 4)
the minor conditional use permit is being or recently has been exercised contrary to any
of the terms or conditions of approval; or 5) the use for which such approval was
granted has ceased to exist or has been suspended for one year or more; or 6) the use
is in violation of any statute, ordinance, law or regulation; or 7) the use permitted by the
minor conditional use permit is being or has been so exercised as to be detrimental to
the public health, safety or welfare or so as to constitute a nuisance, the Planning
Director shall hold an informal public hearing and after providing the permittee the
opportunity to be heard, the planning director may revoke and terminate the minor
conditional use permit in whole or in part, reaffirm the minor conditional use permit,
modify the conditions or impose new conditions.
Engineering:
9. All operators and owners of the Deli(s) shall comply with Order No. 2001-01 of the
California Regional Water Quality Control Board addressing measures to reduce
waste discharge in urban runoff. Each operator and owner shall develop an
employee education and training program for developing proper measures to
reduce waste discharge. As a pert of these measures, each operator of their
respective deli(s) shall train employees to:
A. Pick-up and dispose daily all on-site trash;
B. Sweep all dirt and debris rather than wash from walkways and
driveways. Swept dirt and debris shall be disposed of in the trash. If
any washing is to occur, then direct washing of walkways or driveways
to lawn areas to minimize runoff into the City streets and storm drains.
C. Clean floor mats, exhaust filters, etc. within the building with discharge
to a grease trap to sanitary sewer. Any outside cleaning must occur
within a container or bermed area with discharge to a sanitary sewer.
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
You have 90 days from the date of final approval to protest imposition of these fees/exactions.
If you protest them, you must follow the protest procedure set forth in Government Code
Section 66020(a), and file the protest and any other required information with the City Manager
for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
MCUP 07-13 PICKLE'S D™AND CATERING EXTENSION
November 5, 2007
Page 4
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
This decision may be appealed by you or any other member of the public to the Planning
Commission within ten days of the date of this letter. Appeals must be submitted in writing to
the Planning Department at 1635 Faraday Avenue in Carlsbad, along with a payment of
$440.00. The filing of such appeal within such time limit shall stay the effective date of the
order of the Planning Director until such time as a final decision on the appeal is reached. If
you have any questions regarding this matter, please feel free to contact Deborah Milam at
(760)602-4619.
Sincerely,
GARY T. BARBERIO
Assistant Planning Director
GTB:DM:lt
c: Van Lynch, Team Leader
Tecla Levy, Project Engineer
File Copy
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