HomeMy WebLinkAbout1982-04-14; Planning Commission; Resolution 1939.
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1 il PLANNING COMMISSION RESOLUTION NO. 1939
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL
USE PERMIT TO ALLOW THE ON-PREMISE SALE OF ALCOHOLIC
BEVERAGES AT 390 GRAND AVENUE ON THE NORTHWEST
CORNER OF GRAND AVENUE AND WASHINGTON STREET.
APPLICANT: BURNETTE
CASE NO: CUP-2 14
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WHEREAS, a verified application has been filed with t
city of Carlsbad and referred to the Planning Commission; and
a WHEREAS, said verified application constitutes a reqt
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as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal
the Planning Commission did, on the 14th day of April, 1982, 1
duly noticed public hearing to consider said application on
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property described as:
Portion of Block 10 of Map No. 365
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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
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19 I NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannin!
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A) That the foregoing recitations are true and correct.
and subject to the following conditions: 23
Commission APPROVES CUP-214, based on the following findil
B) That based on the evidence presented at the public hearinc
Commission of the city of Carlsbad as follows:
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1) The project is consistent with the city's General Plan si]
property has been designated for commercial use by the La]
Element of the General Plan.
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1 2. The site is physically suitable for the type of developme since the site is adequate in size and shape to accommodz
2 the use as proposed. Only minor remodeling will be made
the existing building.
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3. The project is consistent with all city public facility
policies and ordinances since an existing building will 1 used and the on-premise sale of alcoholic beverages will affect any public improvements.
The project will be reconsidered in one year to insure tE
will not have an adverse impact on traffic and circulatic
Washington Street, 14*
8 5. The proposed project is compatible with the surrounding :
uses and properties. Off-street parking will be provide(
9 where presently none exist for the operation.
10 I/ Cond i t ions :
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2)
Approval is granted for CUP-214, as shown on Exhibits "A' and I'B" dated, April 14, 1982, incorporated by reference and on file in the Planning Department. Development sha: occur substantially as shown unless otherwise noted in tl
conditions, Any exterior modifications to the building :
be approved by the Building Official prior to constructic
such modifications.
This conditional use permit is granted for a period of 01 year. The permit may be extended for a reasonable perioc time not to exceed five years upon written application 0: permittee made not less than 90 days prior to the expira.
date. In granting such extension, the Planning Commissic shall find that no substantial adverse affect on surrounc land uses the public's health and welfare will result bel
of the continuation of the permitted use. If a substant
adverse affect on surrounding land uses or the public's 1 and welfare is found, the extension shall be considered (
original application for a conditional use permit. Therc limit to the number of extensions the Planning Commissiol grant. This permit may be revoked at any time after a PI hearing, if it is found that the use has a significant
detrimental affect on surrounding land uses and the pub1 health and welfare or the conditions imposed herein have
been met.
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3) This conditional use permit is granted to Ralph Burnette
Ralph Burnette, Jr., only and is not assignable to any o owner or leasee of the buildings.
4) This project is approved upon the express condition that applicant shall pay a public facilities fee as required : Council Policy No. 17, dated August 29, 1979, on file w City Clerk and incorporated herein by reference, and acct to the agreement executed by the applicant for payment 0
PC RES0 NO. 1939 -2-
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fee a copy of that agreement dated February 24, 1982, is
file with the City Clerk and incorporated herein by refel
If said fee is not paid as promised, this application wi: be consistent with the General Plan and approval for thi!
project shall be void.
5) All off-street parking spaces as shown on Exhibit "B" sh;
designed and improved to the satisfaction of the Planninc Director and the City Engineer.
6) The applicant shall prepare a detailed landscape and irr
plan which shall be submitted to and approved by the Plal
Director prior to the issuance of building permits.
7) Any signs proposed for this development shall be designec
conformance with the city's Sign Ordinance and shall reqt
review and approval of the Planning Department prior to 1
stallation of such signs,
8) Trash receptacle areas shall be enclosed by a 6 foot higl masonry wall with gates pursuant to city standards. Locz of said receptacles shall be approved by the Planning
Director.
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9) Approval of this request shall not excuse compliance wit1
IO) The existing Ralph and Eddie's cardroom located at 370 GI IS
ordinances in effect at time of building permit issuance, sections of the Zoning Ordinance and all other applicablc
at 390 Grand Avenue. 17
final occupancy of the new Ralph and Eddie's cardroom lo( Avenue shall cease all sales of alcoholic beverages priol 16
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PC RES0 NO. 1939 -3-
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2. /I PASSED, APPROVED AND ADOPTED at a regular meeting of
2 IIPlanning Commission of the city of Carlsbad, California, held
3/14th day of April, 1982, by the following vote, to wit:
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AYES : Commissioners Marcus, Rombotis, Schlehuber, Friestedt and L'Heureux.
NOES: None.
7 11 ABSENT: Chairman Farrow and Commissioner Jose
8 I/ ABSTAIN: None
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12 ATTEST :
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ARENCE H . S/CHLEHUBER, Vice-chairman CARLSBAD PLANNING COMMISSION
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