HomeMy WebLinkAbout1981-08-26; Planning Commission; Resolution 1853.r ~ ? - 0 e
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PLANNING COMMISSION RESOLUTION NO, 1853
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES AT TE
"CRAZY BURRO" RESTAURANT ON PROPERTY GENERALLY LOCATI
ON THE EAST SIDE OF EL CAMINO REAL BETWEEN ALGA ROAD
AND DOVE LANE. APPLICANT: MOLA DEVELOPMENT
CASE NO: CUP-2 0 5
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
provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Codt
the Planning Cornmission did, on the 26th day of August, 1981,
hold a duly noticed public hearing to consider said applicatic
on property described as:
Portion of Parcel 2 of Parcel Map 9043 filed August 14, '
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all persor
desiring to be heard, said Commission considered all factors
relating to CUP-205.
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 hearil
the Commission APPROVES CUP-205, based on the following
findings and subject to the following conditions:
Findings:
1) The project is consistent with the city's General Plan since this property has been designated for Residential Medium High density by the Land Use Element which permit! Neighborhood Commercial development.
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2) The site is physically suitable for the type of developmer
since the site is adequate is size and shape to accommodat
development as proposed.
3) The project is consistent with all city public facility PC icies and ordinances since the restaurant use has already been approved as part of a previous site development plan the on-premise sale of alcoholic beverages will not affect
any public improvements.
4) The proposed project is compatible with the surrounding future land uses including surrounding properties designat for residential development on the General Plan.
5) This project will not cause any significant environmental impacts as the project has undergone previous environment:
review as a portion of a larger project and, therefore, th Planning Director has issued a Notice of Prior Compliance
July 30, 1981.
Cond it ions :
1) Approval is granted for CUP-205, as shown on Exhibit(s) "P dated July 9, 1981, incorporated by reference and on file the Planning Department. Development shall occur substant
ally as shown unless otherwise noted in these conditions.
2) This conditional use permit is granted for a period of fis
years. This conditional use permit shall be reviewed by t Planning Director on a yearly basis to determine if all cc
ditions of this permit have been met and that the use does not have a significant detrimental impact on surrounding E
perties or the public health and welfare. If the Planninc
Director determines that the use has such significant advc impacts, the director shall recommend that the Planning Cc mission, after providing the permittee the opportunity to heard, add additional conditions to mitigate the significz 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 affect on surrounding land uses an the public's health and welfare or the conditions imposed herein have not been met. This permit may be extended for
reasonable period of time not to exceed five years upon wr
ten application of the permittee made not less than 90 day
prior to the expiration date. In granting such extension,
the Planning Commission shall find that no substantial ad-
verse affect on surrounding land uses the public's health welfare will result because of the continuation of the per mitted use. If a substantial adverse affect on surroundir land uses or the public's health and welfare is found, thc extension shall be considered as an original application f a conditional use permit. There is no limit to the number extensions the Planning Commission may grant.
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PC RES0 1853 -2-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the city of Carlsbad, California, held
the 26th day of August, 1981, by the following vote, to wit:
AYES: Marcus, Rombotis, Farrow, Jose, Friestedt and L'He
I NOES: None
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ABSENT: Schlehuber
ABSTAIN : None
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PC RES0 1853 -3-
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