HomeMy WebLinkAbout1992-03-18; Planning Commission; ; CUP 215B|CUP 226B|CUP250B|CUP 270A|CUP 301A|CUP 88-19A - INDUSTRIAL DELI SEATINGSTAFF REPORT ® DATE: MARCH 18, 1992
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
SUBJECT: CUP 215@)/CUP 226(8)/CUP 250(8)/CUP 270(Al/CUP 301(Al/CUP 88-
19(Al -INDUSfRIAL DEIJ SEATING -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 21S(B), CUP 226(B), CUP
2S0(B), CUP 270(A), CUP 301(A), and CUP 88-19(A), based on the findings and
subject to the conditions contained therein.
II. PROJECT DESCRIP11ON 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 consumption 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 industrial delicatessens to restaurants.
Since these delicatessens have been operating, staff has monitored their operations,
including parking impacts, and has found 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 found 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 awcly.
--CUP 215(8)/CUP 226(8)/CUP 250(8)/CUP 270(A)/CUP 301(A)/
CUP 88 19(A) -INDUSTRIAL DELI SEA TING
MAR.CH 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 result from the addition of limited
seating to delis in such industrial areas because patronage tends to be limited to employees
of the surrounding uses and more food is sold on a "take-out" basis. Given this newly
evaluated situation, staff began pursuing 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.
m. 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 deli.
DISCUSSION
1. Desirability and Harmony of Use
The delicatessens in the industrial area serve a large lunchtime 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 devefopment 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
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t --.. CUP 215(8)/CUP 226(8)/CUP 250(8)/CUP 270(A)/CUP 30l(A)/
CUP 88 19(A) -INDUSTRIAL DELI SEA TING
MARCH 18, 1992
PAGE 3
eliminating any detrimental effects to surrounding 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 Necessazy to Adjus~ Use
As discussed above, the delicatessens are currently operating in a manner compatible with
the surrounding uses. Since the proposed amendments do not necessitate any additional
improvements, all yards, setbacks, walls, fences, landscaping, and other features necessary
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 currently operate above standards and will
continue to be adequate to accommodate all traffic generated by the delicatessens.
IV. APPUCABIUIY
This amendment proposes to allow limited seating with delis 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 significantly 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 conjunction with previously certified
environmental documents. A Notice of Prior Environmental Compliance, therefore, will be
issued for all Conditional Use Permit amendments.
--CUP 215(8)/CUP 226(B)/CUP 250(8)/CUP 270(A)/CUP 301 (A)/CUP 88 19(A) -
INDUSTRIAL DELI SEATING
MARCH 18, 1992
PAGE4
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
S. Planning Commission Resolution No. 3369
6. Planning Commission Resolution No. 3370
7. Location Maps
8. Disclosure Statements.
February 11, 1992
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PLANNING COMMISSION RF.SOLUTION NO. 3365
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CI'IY OF CARLSBAD, CALIFORNIA, APPROVING AN
AMENDMENT TO A CONDITIONAL USE PERMIT TO ALLOW
TABLES AND CHAIRS AT THE QUALI'IY DELI ON
PROPERTY GENERALLY LOCATED AT 2151 LAS PALMAS
DRIVE.
CASE NAME: VAN VOORHIS/SHORTER
CASE NO: CUP 215(B)
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
Title 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:
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
of California, 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 21S(B).
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
APPROVES CUP 215(8), based on the following findings and subject to the
following conditions:
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Findinp~
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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;
That the site for the intended use is adequate in size and shape to accommodate
the use;
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;
That the street system serving the proposed use is adequate to properly handle all
traffic generated by the proposed use.
Conditions:
1.
2.
3.
Approval of CUP 215(8) is granted subject to all conditiom of CUP 21S(A),
Planning Cnrnrnission Resolution No. 2611, and CUP 215, Planning Comnumon
Resolution No. 1981, incorporated herein by reference and on file in the Planning
Department, except that conditions no's. 7 and 12 of Resolution No. 1981 are
replaced with conditiom no's. 2 and 3 below.
This delicatessen may contain a rnuirnmn of five (5) tables and/or ten (10) chairs
for the consumption of food on the premises.
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
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. [f 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. 3365 -2-
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4. --Any additional sewer fees required because of the allowance of seating shall be
paid in accordance with City Ordinances.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 18th day of March, 1992, by
the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
TOM ERWIN, Chairperson
CARLSBAD PLANNING COMMISSION
17 MICHAEL J. HOLZMILLER
PLANNING DIRECTOR
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PLANNING COMMISSION RESOLUTION NO. 3366
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CI1Y OF CARLSBAD, CALIFORNIA, APPROVING AN
AMENDMENT TO A CONDmONAL USE PERMIT TO ALLOW
TABLES AND CHAIRS AT THE SALAD AND SANDWICH
EXPRESS DELI ON PROPER1Y GENERALLY LOCATED AT
5365 A VENIDA ENCINAS.
CASE NAME: BARBIE'S LUNCH DEPOT
CASE NO: CUP 226(8)
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
Title 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:
Parcel 19 of Map No. 11457 in the City of Carlsbad, County
of San Diego, State of California,
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 226(8).
NOW, TI-IEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
APPROVES CUP 226(8), based on the following findings and subject to the
following conditions: ·
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-Findinp!
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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;
That the site for the intended use is adequate in size and shape to accommodate
the use;
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;
That the street system serving the proposed use is adequate to properly handle all
traffic generated by the proposed use.
Conditions:
1. Approval of CUP 226(8) is granted subject to all conditions of CUP 226, Planning
Commission Resolution No. 2088, and CUP 226(A), Planning Commissinn
Resolution No. 2612, incorporated herein by reference and on file in the Planning
Department, except that conditions no's 7 and 12 of Planning Commissinn
Resolution No. 2088 are replaced by conditions no's 2 and 3 below.
2. The delicatessen may contain a maximum of five (S) tables and/or ten (10) chair
for the consumption of food on the premises,
3. This conditional use permit is granted for a period of eight years and one month
from the date of expiration, or from March 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 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.
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Any additional sewer fees required because of the allowance of seating shall be
paid in accordance with City Ordinances,
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 18th day of March, 1992, by
the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
TOM ERWIN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
17 MICHAEL J. HOLZMILLER
PLANNING DIRECTOR
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PLANNING COMMISSION RESOLUTION NO. 3367
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING AN
AMENDMENT TO A CONDCTIONAL USE PERMIT TO ALLOW
TABLES AND CHAIRS AT THE PALOMAR DELI ON
PROPER'IY GENERALLY LOCATED AT 6150 YARROW
ORNE.
CASE NAME: LLOYD KIM
CASE NO: CUP 2S0(B)
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
Title 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 City of Carlsbad, County of San Diego, State of California,
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)
B)
That the foregoing recitations are tnie and correct.
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:
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Findings:
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 system serving the proposed use is adequate to properly handle all
traffic generated by the proposed use.
Conditions:
1. Approval of CUP 250(8) is granted subject to all conditions of CUP 250(A),
Planning Commission Resolution No. 2613, and CUP 250, Planning Commimon
Resolution No. 2318, incorporated herein by reference and on file in the Planning
Department, except that condition no's •. 7 and 12 of Planning Commission
Resolution No. 2318 are replac:ed with condition no's 2 and 3 below.
2. The delicatessen may contain a maximum of five (5) tables and/or ten (10) chairs
for the consumption of food on the premises.
3. This conditional use permit is granted for a period of seven years and nine months
from the date of expiration, or from July 11, 1989 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 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.
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Any additional sewer fees required because of the allowance of seating shall be
paid in accordance with City Ordinances.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 18th day of March, 1992, by
the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
TOM ERWIN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
17 MICHAEL J. HOLZMILLER
PLANN[NG DIRECTOR
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PLANNING COMMISSION RESOLUTION NO. 3368
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CI1Y OF CARLSBAD, CALIFORNIA, APPROVING AN
AMENDMENT TO A CONDmONAL USE PERMIT TO ALLOW
TABLES AND CHAIRS AT THE FAR.ADAY DELI ON PROPER1Y
GENERALLY LOCATED AT 2235 FARADAY AVENUE.
CASE NAME: CHOI SANDWICH SHOP
CASE NO: CUP 270(A)
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 Title
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 8 of Carlsbad Tract 81-10, Unit No. 1, according to Map
No. 10330 in the City of Carlsbad, County of San Diego, State
of California, 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 Commission considered all
factors relating to CUP 270(A).
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
APPROVES CUP 270(A), based on the following findings and subject to the
following conditions:
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Pjndinp:
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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;
That the site for the intended use is adequate in size and shape to accommodate the
use;
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;
That the street system serving the proposed use is adequate to properly handle all
traffic generated by the proposed use.
Conditions: ,.,,,--
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Approval of CUP 2,0(A) is granted subject to all conditions of Planning Commission
Resolution No. 2434, incorporated herein by reference and on file in the Planning
Department, except that conditions no's. 7 and 8 are replaced with conditions no's
3 and 2 below, respectively.
The delicatessen may contain a maximum of five (5) tables and/or ten (10) chairs
for the consumption of food on the premises-
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 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 pennittee 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 pennittee 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. 3368 -2·
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 18th day of March, 1992, by
the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
TOM ERWIN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLZMILLER
PLANNING DIRECTOR
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PLANNING COMMISSION RESOLUTION NO. 3369
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING AN
AMENDMENT TO A CONDffiONAL USE PERMIT TO ALLOW
TABLES AND CHAIRS AT THE ST ARVIN MARVIN'S DELI ON
PROPERTY GENERALLY LOCATED AT 5431 AVENIDA
ENCINAS.
CASE NAME: ST ARVIN MARVIN'S
CASE NO: CUP 30HA)
WHEREAS, a verified application has been filed with the City of <:;arlsbad
and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided by
Title 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:
Parcel 1 as shown on Page 13051 of parcel maps filed
December 9, 1983, within the City of Carlsbad, County of
San Diego, State of California,
WHEREAS, at said public hearing, upon hearing and considering all
testimony ~d arguments, if any, of all persons desiring to be heard, said Commission
considered all factors relating to CUP 301 (A).
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
APPROVES CUP 301(A), 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
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. Approval of CUP 30l(A) is granted subject to all conditions of CUP 301, Planning
Conunimon Resolution No. 2652, incorporated herein by reference and on file in
the Planning Department, except that conditions no's. 5 and 8 are replaced with
conditions no's. 3 and 2, respectively.
2. The delicates.,en may contain a rnaxirn1Jlb of five (S) tables and/or ten (10) chairs
for the consumption of food on the premises.
3. This conditional use permit is granted for a period of five years from the date of
this approval, with a new expiration date of Mardi 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. 3369 -2-
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4. Any additional sewer fees required because of the allowance of seating shall be
paid in accordance with City Ordinances.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 18th day of March, 1992, by
the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
MICHAEL J. HOLZMILLER
PLANNING DIRECTOR
MG:km:lb
PC RESO NO. 3369
TOM ERWIN, Chairperson
CARLSBAD PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 3370
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CI1Y OF CARLSBAD, CALIFORNIA, APPROVING AN
AMENDMENT TO A CONDmONAL USE PERMIT TO ALLOW
TABLES AND CHAIRS AT THE LA PLACE DEU ON
PROPER1Y GENERALLY LOCATED AT 5950 LA PLACE
COURT.
CASE NAME: MISSION WEST
CASE NO: CUP 88-19{A)
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
Title 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 13 of Carlsbad tract 81-10, Unit No. 1, according to Map
No. 10330 in the City of Carlsbad, County of San Diego,
State of California, 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 Commission
considered all factors relating to CUP 88-19(A).
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
APPROVES CUP 88-19(A), based on the following findings and subject to the
following conditions:
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Finding:
1.
2.
3.
4.
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;
That the site for the intended use is adequate in size and shape to accommodate
the use;
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;
That the street system serving the proposed use is adequate to properly handle all
traffic generated by the proposed use.
Conditions:
1.
2.
3.
Approval of CUP 88-l 9(A) is granted subject to all conditions of CUP 88-19,
Planning Commission Resolution No. 2826, incorporated herein by reference and
on file in the Planning Department, except that conditions no's. 9 and 15 are
replaced with conditions no's. 3 and 2 below, respectively.
The delicatessen may contain a maximum of five (5) tables and ten (10) chairs for
the consumption of food on the premises.
This conditional use permit is granted for a period of five years from the date of
this approval, with 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-
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4. Any additional sewer fees required because of the allowance of seating shall be
paid in accordance with City Ordinances.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 18th day of March, 1992, by
the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
MICHAEL J. HOLZMILLER
PLANNING DIRECTOR
TOM ERWIN, Chairperson
CARLSBAD PLANNING COMMISSION
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CORT! DI LA PNA
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I
LASMUMIDR ■
SITE_;,
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City at Cart•~
VAN VOORHS/SHORTER CUP 215(8)
•
City at Cartau~
BARBIE'S LUNCH DEPOT CUP 226(8)
-]
ROAD
City of Cartsu~
LLOYD KIM CUP 250(8)
City of Cartau~
CHOI SANDWICH SHOP CUP 270(A)
City at Cartsu~
STARVIN' MARVIN'S CUP 301(A)
~
\ City at Carlsbu ~----------,
MISSION WEST DELI CUP 88-19(A)
-Cit -of Carlsbad
0ISCt..OSURE STATEMENT
APPUCANTS STAT'iMENT OF OISCLOSURI OF CERTAJN OWNERSrtlP IN'TiRESTS ON AU. APPUCATIONS
WHICH WILL ~EQUIFIE OISCRE'T'IONAAY ACTION ON THE PAAT OF THE CITY COUNCIi.. OR ANY APPOINi-0
80.M~O. COMMISSION OR COMMITTEE. c
r Please Print)
The following information must be diselose'd:
1 . Applicant
2.
3.
4.
l..ist the name• and addresse, of all person• having a ftnanci• interest in the application. '3~ L; T '( ~r L 1
If any perscn identified punuant to (1) or (2) above ii a co,porltiOn or par1nership, list the names :
addr, .... of Ill indMcluale owning more than 10"9 of the.,,._ in the corporatiOn or owning any partners
interest in the pattnerlnip.
If any person identified pursuant to (1) or (2) lboYe ia a non-profit organintiOn or a trust. lilt the names ,
addr ..... of ,ny peraon MNing • offlcet or direc:tor of the non-proftt organiZltiOn or u trustH or benefic:
of~ truat.
raver,
Disdosure Statement Page 2
5 Have you had more than 52!0 wcrth of busine11 transacted with any member of City staff. :ca~::
Commissions. Committees and Council within the put twelve months?
Yes _ No~ If yes. please indicate person(s) ___________________ _
Person is defined aa: 'Any individual, firm, copannersnip, joint 'lenture. associatiOf'I. socsm ctub. traterral
orgar11zatJOn. cori:,or•ion. -••• tn.a. receiver. syndic.ale. tnil and any ou,., counry, city and county. c:ty
municipatily, diStna OK OChll' potilical subdiviSion, or any otr"III' group or combination acting u a unrt.'
(NOTE: Attach additional pages II necessary.)
,
I / \ , , ' '/~ -1✓~--n-1'A--4-;.,,(..)· ( ,1-y...i~
Signature of Owner/date
77-! c MRS u.J. f:-_~;5 -:-1: ._:_ <_ 1
Print or type name of owner
Signature of applicant/date
Print or type name of apptlcant
-c· It of ~arlsbad
DISCLOSURE STATEMENT
APPUCANrS STATEMENT OF OISCLOSURE OF CERTAJN OWNEFISl-◄IP INTERESTS ON~ APPWCATICNS
WHICH WIU. ~EQUIFIE OISCRETIONAAY ACTION ON TI-IE PART OF TI-IE C!n' COUNCIL.. OR ANY APPC1N--:i
BOA~O. COMMISSION OR COMMm!E. 1 t:
rPrease Pr1nt}
The following information must be disclosed: ,
2.
3.
4.
Applicant
List the names and addresses of all person, having any ownership interest in the property involved.
Fle.YNiT'-~'-~ . Vea:E c.. 2, Vl-YiA CA&DS'(._,
If any person identified punuant to (1) or (2) above ii a corporation or partnership, list the names a
addrea11 of d indMduall owning more tnan 1 ~ of tne snar• in tne corporation or owning any partners:
interest in the partnership.
If any person identifled pursuant to (1) or (2) aaove ia a non.profit organczation or a trult. li1t the names , aad, ..... of any person MNtng • officer or director ot the no,,.p,oftt organiZatiOn or II tru1tu or benefic:
of the trust. .
(OYer)
., -
Oisciosur• Statement Page 2
5 Have you !"lad more than 5250 worth of businesa transacted with any member of Cay staff. :ca~::
Comm,ss10r1s, Comm1tt1e1 and Council within the put twelve months? Yes _ No ~ tf yes, please indicate person(s) __________________ _
Per10n iS dlfined aa: 'Anf individua&. firm, copartnership, joint venture, asaoc:1ati0n, social club. fraterna;
organazatiOn, co,porllion, •••· trua. rececver, syndicale, thia and any ocner ~nry. city and county, c:rt
municipality. disma or ocner i:,otitical subdivisiOn, or any ocner group or combinatic.~ acting as a unrt •
(NOT!: Attach additional pages u necessary.)
Signature of Owner/date ~ f\ .J t-i ,, l., P.,c...
Flrint or ty~ name of owner
Signature of applicant/date
Print or type name of' applicant
•cit of ~arlsbad
OISCL.OSU~E STATEMENT
APPUCANrS STAT&MENT OF OISCLOSURE OF CERTAJN OWNERSHIP INnRESTS ON AU. APPUCATICNS
WHICH WIU. ~EQUIRE OISCRETIONAAY ACTION ON 'M-IE PART OF THE Cl'r'f COUNCIL. OR ANY APPOINTe0
BOAFIO. COMMISSION OR COMMITTEE.
rPrease Prrnr)
The following information must be disclosed:
1 . Applicant
~ the name, and 1ddresse1 of all persona having a ftnandai interest in the aps:,lieation.
~L,PM en.. J) a.:, ; h I C-¢ y½-4&?> LOO ) £ "e_ ,.
2. Qwntr
3. If any person identified punuant to (1) or (2) above ii a corporation or partnership, list the names a
addre1M1 of II indlvidua ownif'l9 mo,e tt,-, 10% of the lharN in tM eo,poration or owning any partners;
interest in the pertnersnip.
4. If any person identiflecl punuant to (1) or (2) above ii a non.proftt organiZation or a trust. lilt the names a
addr ..... of 1/'f person NMng • offlcer or director of the non.proftt organiZatiOn or u trustH or cenefic:,
of tt,e trust.
(Over)
Disctosur• S1atecnent Page 2
s. Have y0u nad more than $250 wcrth 0f busineu transacted with any member 0f City staff. Sea~:_
Commissions. C0mm1tt1e1 and Councd within the put twelve months?
Yes _ No .J:::::: 11 yes. please indicate r::,erson(s) __________________ _
?ec,on iS defined 11: 'Any individual. firm. copannership, joint venture. association. sociat club. fraterrai
organization, corporalion, Ntate, trua receiver, synaieale. thia and any ocner COUfflY, city and county. c:r;
municipaUcy, disbia or ocner sx,Otical subdivisiOn, or any ocner graup or combination acting as a unit.·
(NOTE: Attach additionaJ pag11 u necessary.)
/1'1'~~~~-~--------~7 f-,,.,
Signature of applicant/date
Print o, type name of applicant
--Cit of Carlsbad
DISCLOSURE STATEMENT
APi:IUCANrS STATEMENT OF OISCLOSURE OF CE~AIN OWNERSHIP INiiRESTS ON ALL A?PUCATiCt-.S
WHICH WIU.. ~EQUIRE OISCRETIONAAY ACTION ON T1-1E PAAT OF T1-1E Crrt' COUNCIL. OR ANY APP01N--:--
BOARO. COMMISSION OR COMMl'Ti'!E. I ~..I
:piease Print)
7ne tc11owing information must be disclosed:
, . Applicant
2.
3.
4.
wg• .r~m~~dre9S!s of all persons having a financial interest in the application. _;.,4 ,(_HI J ~ j
Wst the names and addresses of all persons having any ownership interest in the property involved.
/oilq m &Av
If any person identified punuant to (1) ot (2) above ii a corpcration or s:,artnersnip, list the names ,
address•• of ail indlviduall owning more tnan 10"-of tne sharN in tne corporation or owning any partners
interest in the partneranip.
If any person identified purauant to (1) or (2) above is a non-profit organiZation or a trust. lilt the names .
addre .... of ,ny pe,aon NMn9 a offlcet or direct« of the non-profit organiZation or II trYst•• or benetic
of the truat.
ltiu I
Disdosur• Statement Page 2
s Have you nad more than S2SO worth of busineu transacted with any member of Cay staff. ::a-::
Commissions, Committees and Council within the past twelve months?
Yes _ No ~ tf yes. pleue indicate person(s) ___________________ _
Person iS defined u: 'Anv individual. firm. copattnersnip, joint venture. association. socsai clue. !raterrai
organization. cori:,o,lliOn. •ate, tn.ia. receive,, syncxae. tn11 and arry otne, COUfflY, city and county. c:r;
municipa!ity, diSUia 01 other political subd~1s,on. 01 arry otne, group 01 eomcinatiOn acting as a unrt. •
(NOTe: Attach additional pages u nee~ ~a,y.)
Signature of applicant/date
Print or type name of owne, Print or type name of applicant
• C'vP 3ol{Jr) Cit of Carlsbad
OISCLOSU~E STATEMENT
APl'UCANTS STATEMENT OF OISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON 1-U. .4PPUCATiCr-.S
WHICH WILL REQUIRE OISCRE'ilONAAY ACTION ON TI-IE PAAT OF TI-IE CITY COUNCIL. OR ANY APPC1N--J
BCARO. COMMISSION 01=1 COMMITTEE. 'c.
1Pteas~ Prmt)
The following information must be disclosed:
, . Applicant
Wst the names and addresses of all persons having a ftnanciat interest in u,e application.
l'--"g. t M&a, S°'-"'ffl?Hr M-Ne.a.Pet::ts
\\OO CA-.. 1>1&a C.eae
2. awn.
Wst the names and addresses of au persons having any ownership interest in the property involved.
Secc1r A-~ A,,s ::Sr
3. If any perscn identified purauant to (1) o, (2) above ii a corporation or partnership, list the names
address•• of Ill indlviduaJI owning mere than 1 °" of U'le lharN in the corporation or owning any partners
interest in the partnership.
4. 11 any person identified purtuant to (1) or (2) above ia a non-proftt organiZation or a trult, list u,, names
addr11MI of any person serving u omc. o, dlrecto, of the r,on.proffl o,ganiZatiOn a, u trust•• or benetic
of the trust
/{"j ,,
•
Oisdosur• Statement Page 2
5 Have you. nad more than S250 worth of busine .. transacted with any member of City staff. =~a·::
Comm,ss1ons. Committees and Councd within the past twelve months?
Yes _ No ,,X... tf yes. please indicate person(s) _______ ,__ ___________ _
F=ler5on is defined u: 'Arfy indiViduat, firm. copartnersnip, joint ~enture. association. soc,aa ctut:>. !raterral
organizatJOn. co,po,aion, ellate, trutl. recerver. syndieae, thia and any ocner county. crty and county. ,:,~
municipality. diStrid or ocner politica, sutldiV1s;on, or any other group or combination acting as a unit.'
(NOTE: Attach additionat pages u necessary.)
_,.. .,,.,.,...,.-
' /
~-,~. ~/_,t. 2-27-:tz..
Signature o~r/date
Print or type r?ame of owner
Signature of applicant/date
-Print or type name of applicant
• • Cit of Carlsbad
DISCLOSURE STATEMENT
APl=UCANTS STATcMENT OF DISCLOSURE OF CERTAIN OWNERSI-IIP INTERESTS ON AU. APPUCATICNS
WHICH WILL REQUIRE OISCRETIONAAY ACTION ON THE PAAT OF THE CITY COUNCIL. OR ANY APPOINTE:l
80AAO. COMMISSION OR COMMITT'EE.
1p1ease Print)
The following information must be disclosed:
1 . Applicant
2.
3.
4.
List the names and addresses of all persons having a ftnanciaJ interest in the application.
1:tt /Jl.M c ~ 0 ~
4:':Zti::::z? < {4 ,v '-ft c f <!. 7 (" fz--v
Cm1, ,,.; ao C«t o/kaai
Owner
List the names and addresses of au persons having any ownership interest in the property involved.
c:t{hU U((il: A l'M
If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names a
addresses of au individuals owning mete than 1 °" of the sharN in tl"le corporation or owning any partners·
interest in the partnership.
If any person identified pursuant to (1) or (2) above i1 a non-profit organization or a trult, list the names c
addresses of any person MNing II office, or director of tne non-profit organization or u trust•• or benetic:
of the trust
ti"\ •. .-.~
• '
Disdosur• Statement Page 2
5 Have you nad more than S2SO worth of businea transacted with any member of City staff. 3car::
Commissions, Committees and Council within the past twelve months?
Yes _ No~ If yes, please indicate person(s) ___________________ _
Person iS defined as: 'Ar,,f individual, firm, copartnersnip, joint venture, association, sociai club. !raterrai
organiZation. co,po,ation. estate, trust. receiver. syndicate. thil and any ocher county, city and county, c:rt
municipality, district or ocner political subdiviSo'I, or any other group or combination acting as a unrt.'
(NOTE: Attach additionaJ pages as necessary.)
/-'.,;;., ,Cc:. t. /4
Signature of Own r/date Signature of ar:,plicant/date
Print or type name of owner Print' or type name of ar:,plicant