HomeMy WebLinkAbout1982-04-28; Planning Commission; Resolution 1942". " *. - 0 0
1 PLANNING COMMISSION RESOLUTION NO 1942
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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 BEER AND WINE AT THE EXISTING BUFFY'S RESTAURANT
LOCATED ON THE NORTHWEST CORNER OF INTERSTATE 5 AND
TAMARACK AVENUE IN THE C-1 ZONE.
APPLICANT: BUFFY'S RESTAURANT
CASE NO: CUP-2 13
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WHEREAS, a verified application has been filed with the c
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of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request ,
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provided by Title 21 of the Carlsbad Municipal Code; and
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the Planning Commission did, on the 28th day of April, 1982, I 12
WHEREAS, pursuant to the provisions of the Municipal code
a duly noticed Public Hearing to consider said application on
14 property described as:
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18 heard, said Commission considered all factors relating to
Lot 2 of Parcel Map No, 207.
WHEREAS, at said hearing, upon hearing and considering all
testimony and arguments, if any, of all persons desiring to bc
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sion of the City of Carlsbad as follows:
(B) That based on the evidence presented at the public hearing 23
(A) That the foregoing recitations are true and correct,
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Comrr
the Commission APPROVES CUP-213, based on the following
findings and subject to the following conditions:
Findings
1) That, as conditioned, this conditional use permit is not
detrimental to existing or surrounding land uses or to use specifically permitted in the C-1 zone because:
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a) Although the St, Patrick's Church and school are adjacent to the subject property, the entries of the buildings are located away from the site and, as suc
no pedestrian or vehicle interfacing will occur.
b) The use is not incompatible with the adjacent gas station nor the commercial center across Tamarack Avenue .
6 2) That the site is adequate in size and shape to accomodat
the proposed use since the restaurant is already existing
7 and no problems have ocurred as a result of the building 1 the use.
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3) That, as conditioned, the street system serving the use i
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the project is served by existing fully developed streets
adequate to properly handle all traffic generated because
4) That the project is exempt from environmental review I'
traffic.
and the use will not generate significant additional
l2 I/ Code . pursuant to Section 19.04.070(12) of the Carlsbad Municip;
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General Conditions:
1) Approval is granted for CUP-213, as shown on Exhibit A, dated March 3, 1982, incorporated by reference and on filf
the Planning Department. Development shall occur sub-
stantially as shown unless otherwise noted in these condi-
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2) Approval of this request shall not excuse compliance with sections of the Zoning Ordinance and all other applicable
city ordinances in effect at time of building permit issu-
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20 3) All landscaped areas shall be maintained in a healthy and
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thriving condition, free from weeds, trash, and debris.
4) Any signs proposed for this development shall be designed
conformance with the city's Sign Ordinance and shall requj review and approval of the Planning Department prior to ir stallation of such signs.
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This conditional use permit is granted for a period of fiv
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
properties or the public health and welfare. If the Plann
Director determines that the use has such significant adve
impacts, the director shall recommend that the Planning Commission, after providing the permittee the opportunlty
PC RES0 NO #1942 -2-
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be heard, add additional conditions to mitigate the
significant adverse impacts. This permit may be revoked : any time after a public hearing, if it is found that the I has a significant detrimental affect on surrounding land I and the public's health and welfare or the conditions imp< herein have not been met. This permit may be extended fo~
reasonable period of time not to exceed five years upon
written application of the permittee made not less than 9( days prior to the expiration date. In granting such
extension, the Planning Commission shall find that no substantial adverse affect on surrounding land uses the pr lic's health and welfare will result because of the contir
ation of the permitted use. If a substantial adverse afft
on surrounding land uses or the public's health and welfa~
is found, the extension shall be considered as an origina:
application for a conditional use permit. There is no 1iI to the number of extensions the Planning Commission may
grant.
6) No alterations to the interior of the restaurant shall be permitted without an amendment to this conditional use
permit .
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held
the 28th day of April, 1982, by the following vote, to wit:
AYES: Farrow, Schlehuber, Rombotis, Marcus, Friestedt, J(
NOES: None and L'Heureux
18 I: ABSENT : None
l9 // ABSTAIN: None
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24 ATTEST :
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