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HomeMy WebLinkAbout1986-10-01; Planning Commission; ; CUP 215A|CUP 224A|CUP 226A|CUP 250A - REQUEST FOR APPROVAL OF FOUR CUP AMENDMENTS TO MODIFY TRANSFER OF OWNERSHIP AT DELI IN THE P-M ZONE• DATE: TO: FROM: • STAPP aBPOaT OCTOBER 1, 1986 PLANNING COMMISSION PLANNING DEPARTMENT • SUBJECT: CUP-215(A)/CUP-224(A)/CUP-226(A)/CUP-250(A) -Request for approval of four conditional use permit amendments to modify a condition regarding transfer of ownership at delicatessens in the P-M zone. I• RECOMMENDATION That the Planning Commission APPROVE the Prior Compliance issued by the Planning Director and ADOPT Resolution Nos. 2610, 2611, 2612 and 2613, APPROVING CUP-215(A), CUP-224(A), CUP-226(A) and CUP-250(A) based on the findings and subject to the conditions contained therein. II. BACKGROUND conditional use permits have been approved for the operation of delicatessens at the following locations: CUP-215 CUP-224 CUP-226 CUP-250 Van Voorhis/Shorter Choi Barbie's Lunch Depot Kim 2151 Las Palmas 2382 Camino Vida Roble 5375 Avenida Encinas 6150 Yarrow Drive These delicatessens are located in business parks througout the City and have been in operation for some time without creating any major problems. Each conditional use permit has a condition in the approving resolution which reads: "This approval is granted to (applicant's name) and is not assignable to others." Due to the frequent change of ownership at delis, this condition has resulted in several requests for conditional use permit amendments, unnecessary expense for applicants, and repetitive staff work. Staff is presently recommending that this condition be modified to permit a transfer of ownership. III. ANALYSIS Planning Issues 1) Will the intent of the original CUP's still be maintained? 2) Will the proposed amendments have a detrimental effect on surrounding uses? Discussion As previously mentioned, four conditional use permits have been issued for delicatessens in the industrial parks. Recently, two applications were received by the Planning Department for conditional use permit amendments to permit a change of ownership. At the time each conditional use permit was approved, each permit had a condition which stipulated that the approval was granted to the applicant and not assignable to a new owner. This was standard Planning Department practice to ensure that the new owner was aware of all conditions which he, as the responsible party, had to abide by. Because delicatessens frequently change ownership, this condition has resulted in additional expense for applicants and also a duplication of staff work. In addition, it has been recently determined by the Assistant City Attorney (CUP-196(B) Parker, Montessori School) that approval of a conditional use permit goes with the land and the use, not the applicant. Adhering to this policy, CUP-270 (Choi delicatessen) was approved by the Commission in April, 1985. At that time, this particular condition was deleted without any resultant problems. To provide uniformity and to eliminate a superfluous condition, staff is initiating the following proposal to amend the existing condition to read: "At the time of a lease agreement, the property owner or his agent shall inform any subsequent operator of the take-out sandwich shop that a conditional use permit exists on the property and that the new operator must abide by the conditions of the permit." This proposal would enable a normal change of ownership to take place but would still ensure that the new owners were aware of the conditional use permit as well as the conditions they would be responsible for. This maintains the intent of the origial CUP's by requiring the property owner (who has signed the application) to guarantee that the conditions of approval are provided and maintained. Compatibility with surrounding uses will thus continue to be assured or the CUP will be subject to revocation. -2- During the initial review of each CUP, it was determined by staff that due to the general lack of restaurants in the industrial parks that delicatessens were desirable for employees in these areas of the community. The various sites were determined to be adequate in size and shape to accommodate the uses. The street systems, as well as the parking, were also determined to be adequate to handle the traffic generated. To ensure adequate parking at each site, each delicatessen approval had a condition stipulating: •This business shall operate on a take-out basis only, no tables or chairs shall be provided for the consumption of food on the premises.• Basically, all findings for approval of a conditional use were met and are still in effect. Staff believes approval of these amendments will eliminate a needless condition, provide uniformity among the delicatessens and reduce staff work, therefore, staff recommends approval of CUP-215(A), CUP-224(A), CUP-226(A) and CUP-250(A). IV. ENVIRONMENTAL REVIEW The Planning Director has determined that the environmental effects of the project described above have already been considered in conjunction with previously certified environmental documents and, therefore, has issued a Notice of Prior Environmental compliance issued on September 20, 1986. ATTACHMENTS 1) Planning Commission Resolution Nos. 2610, 2611, 2612 and 2613 2) Environmental Document AML:bn 9/12/86 -3- - PLANNING DEPARTMENT <ttitp of etarlsbab 2075 LAS PALMAS DRIVE CARLSBAD, CALIFORNIA 92009-4859 (619) 438-1161 PUBLIC NOTICE OF PRIOR ENVIRONMENTAL COMPLIANCE Please Take Notice: The Planning Department has determined that the environmental effects of the project described below have already been considered in conjunction with previously certified environmental documents and, therefore, no additional environmental review will be required and a notice of determination will be filed. Project Title: CUP-215(A), CUP-224(A), CUP-226(A), CUP-250(A) Project Location: Palomar Airport Business Park, Carlsbad Research Center, industrial park located on Avenida Encinas, south of Cannon Road. Project Description: Amendment of approved conditional use permits to allow a transfer of ownership. Justification for this determination is on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, CA. comments from the public are invited. Please submit comments in writing to the Planning Department within ten (10) days of date of publication. Dated: September 20, 1986 Case No: CUP-215(A)/CUP-224(A)/ CUP-226(A)/CUP-250(A) Applicant: City of Carlsbad Publish Date: September 20, 1986 ~BOLZKI~ Planning Director PC 1