HomeMy WebLinkAbout1997-08-06; Planning Commission; ; CUP 250Bx1 - PALOMAR DELI• City of CARLSBAD Planning Departmef
A REPORT TO THE PLANNING COMMISSION
Conditional Use Permit Extension
ItemNo.@
Application complete date: 12/11/96
P.C. AGENDA OF: August 6, 1997 Project Planner: Adrienne Landers
Project Engineer: NA
SUBJECT: CUP 250(B)xl -PALO MAR DELI -Request for an extension of CUP 250(8) to
allow the continued operation of a delicatessen at 6150 Yarrow Drive, Suite "C",
in the Planned Industrial Zone in Local Facilities Management Zone 5.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 4131
APPROVING a five year extension of CUP 250(8) based upon the findings and subject to the
conditions contained therein.
II. INTRODUCTION
This proposed five year extension of CUP 250(8) will allow the continued operation of the
Palomar Deli at 6150 Yarrow Drive through March 18, 2002.
III. PROJECT DESCRIPTION AND BACKGROUND
On March 18, 1992 the Planning Commission approved CUP 250(8) to operate a delicatessen at
6150 Yarrow Drive, Suite "C". Condition No. 3 of the approving CUP Resolution No. 3367
specifies that CUP 250(8) was granted for a period of seven years, nine months but could be
extended upon written application of the permittee (now Palomar Deli, James Shimabukro ). The
applicant applied for an extension of his conditional use permit in a timely manner and is
requesting a 5 year extension of CUP 250(8) to allow continued operation of the delicatessen at
this site.
IV. ANALYSIS
A. The delicatessen continues to be consistent with all applicable plans, policies and
regulations described below:
1. Carlsbad General Plan
2. Local Facilities Management Plan 5
3. Palomar Airport CL UP
4. Title 21 of the Carlsbad Municipal Code
5. Title 20 of the Carlsbad Municipal Code
CUP 250(B)xl -PALOMA~ELI
AUGUST 6, 1997
PAGE2
B. The adopted project findings for CUP 250 (B) which are contained in Planning
Commission Resolution No. 3367, CUP 250(A) which are contained in Planning
Commission Resolution No. 2613, and CUP 250 which are contained in Planning
Commission Resolution No. 2318 still apply to this project (CUP 250(B)xl ).
C. The adopted project conditions for CUP 250(B), which are contained in Planning
Commission Resolution No. 3367 still apply to this project CUP 250(B)xl with the
exception of Condition No. 3 which is amended by Condition No. 3 in Planning
Commission Resolution No. 4131 extending CUP 250(B)xl for 5 years (through March
18, 2002).
D. No formal written complaints regarding CUP 250(B)xl have been submitted to the City.
E. Annual reviews have been conducted for CUP 250(B)xl and the project is in compliance
with all conditions of approval.
F. The extended CUP is exempted from environmental review per Section 15301, Class 1 of
CEQA.
V. ENVIRONMENTAL REVIEW
The Planning Director has determined that this project is exempt from the requirements of the
California Environmental Quality Act (CEQA) per Section 15301, Existing Facilities, of the
State CEQA Guidelines and will not have any adverse significant impact on the environment.
ATTACHMENTS:
1. Planning Commission Resolution No. 4131
2. Location Map
3. Disclosure Form
4. Exhibit "A"
5. Planning Commission Resolution No. 3367, dated March 18, 1992.
AL:kr
PALOMAR AIRPORT
PALOMAR DELI
CUP 250 (B) x1
eCit of ~rlsbad
DISCLOSURE STATEMENT
APPLICANTS STATEMENT OF OISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON AU. APPLICATIONS
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 be disclosed:
1 . Applicant
~ the names and addresses of all persons having a financial interest in the application.
=:th-LRM A fl... b&.-L ; ka I C-¢ y',Hz:~2> LOrj) R,, '1e_t•
2. Owner
List the names and addresses of all persons having any ownership interest in the property )!Jvolved.
f/;>;;_£S?f, ~j~ft 1,Z.:S-'alf',:i~;°.,:_ -~.<i
3. If any person identified PUl'.IUant to (1) or (2) above is a corporation or partnership, list the names ar
address•~ of an indMduals owning more than 10% of the shares in the corporation or owning any partnersh
interest in the partnership.
4. If any parson identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names ar
addresses of any person serving u officer or diredor of the non-profit organization or as trustee or benefic1a1
of the trust. · ·
(Over)
Disclosure Statement
5. Have you had more than $250 worth of busineu transacted with any member of City staff, Bear:~
Commissions, CommittHs and Council within the past twelve months?
Yes _ No .J::::::: If yes, please indicate person(s) ___________________ _
Person is defined as: 'Any individual, firm, copannership, joint venture, association, social club, fraternal
organiZation, corporation, estate, trust. receiver, syndicate, this and any other county, city and county, crty
muniCipaJity, district or other political subdivision, or any other group or combination acting as a unit.•
(NOTE: Attach additionaJ pages as necessary.)
Signature of applicant/date
Print or type name of applicant
-EXHIBIT "A"
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3902 SF
BL . DG. TOTAL . . . .. ----14,940 SO FT
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SC rh A.~~, ·1 • ~-80 . •·
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PLANNING COMMISSION RESOLUnON NO. 3367
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING AN
AMENDMENT TO A CONDmONAL USE PERMIT TO ALLOW
TABLES AND CHAIRS AT THE PALOMAR DELI ON
PROPERTY GENERALLY LOCATED AT 6150 YARROW
DRIVE.
CASE NAME: LLOYQ ,KIM . CASE. NO;:; . CUP 2sora} -1
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 true 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.
2.
3.
4.
That the requested use is necessazy 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
necessazy 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 2SO(B) is granted subject to all conditions of CUP 2SO(A),
Planning Commimon Resolution No. 2613, and CUP 250, Planning Commission
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 replaced with condition no's 2 and 3 below.
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 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.
PC RESO NO. 3367 -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: Chairperson Erwin, Commissioners: Schlehuber, Schramm,
Holmes, Savary, Noble & Hall.
NOES: None.
ABSENT: None.
ABSTAIN: None.
·~~
TOM ERWIN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
~' MICHAELJ.LZIBR
PLANNING DIRECTOR
PC RESO NO. 3367 -3-