HomeMy WebLinkAbout1982-06-23; Planning Commission; Resolution 1981* a e
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PLANNING COMMISSION RESOLUTION NO. 1981
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT TO ALLOW A SANDWICH SHOP ON PROPERTY GENERALL'!
LOCATED IN SUITE B AT 21 51 LAS PALMAS DRIVE.
APPLICANT: VAN VOORHIS/SHORTER
CASE NO: CUP-2 1 5
5 WHEREAS, a verified application has been filed with 1 ' City of Carlsbad and referred to the Planning Commission; and
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WHEREAS, said verified application constitutes a
request as provided by Title 21 of the Carlsbad Municipal Cod(
and
WHEREAS, pursuant to the provisions of the Municipal
Code, the Planning Commission did, on the 23rd day of June, 1'
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hold a duly noticed Public Hearing to consider said applicatic
property described as:
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considering all testimony and arguments, if any, of all perso:
desiring to be heard, said Commission considered all factors
19 relating to CUP-215.
A portion of Lot 7 of Carlsbad Tract 79-1 according
map thereof No. 9389 filed September 26, 1979
WHEREAS, at said public hearing, upon hearing and
20 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planninl
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findings and subject to the following conditions: 24
B) That based on the evidence presented at the public hearin 23
A) That the foregoing recitations are true and correct. 22
Commission of the City of Carlsbad as follows:
1) The proposed use is necessary and desirable for the 26
Findings: 25
development of the community, is essentially in harmony
27 the various elements and objectives of the General Plan,
is not detrimental to existing uses or to uses specifica
the Commission APPROVES CUP-215, based on the following
28 permitted in this zone.
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1 2) The subject property is adequate in size and shape to accommodate the proposed use.
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3) All of the yards, setbacks, walls, fences, landscaping an
other features necessary to adjust the requested use to
existing and permitted future uses in the neighborhood wi be provided and maintained.
4) The street system serving the subject property is adequat
properly handle all traffic generated by the proposed use
6 5) The project will not cause any significant environmental
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9 ,Conditions:
impacts and a Negative Declaration has been issued by the
Planning Director on June 7, 1982 and approved by the Planning Commission on June 23, 1982.
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General Conditions
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1) Approval is granted for CUP-215 as shown on Exhibits "A" , dated May 10, 1982 incorporated by reference and on 11 D 11
in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions.
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This project is approved upon the express condition that applicant shall pay a public facilities fee as required t
City Council Policy No. 17, dated April 2, 1982, on file with the City Clerk and incorporated herein by reference,
and according to the agreement executed by the applicant
payment of said fee a copy of that agreement dated May 6,
1982, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promisec
this application will not be consistent with the General and approval for this project shall be void.
Approval of this request shall not excuse compliance wit1 sections of the Zoning Ordinance and all other applicablc city ordinances in effect at time of building permit issuance o
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25 planning Department
26 4) Any signs proposed for this development shall be designec
27 conformance with the city's Sign Ordinance and shall reql review and approval of the Planning Department prior to
28 installation of such signs.
14) At the time of building plan review, the applicant shall
present a set of floor plans to the Engineering Departme1
They shall determine the increase in sewer capacity (if i
required by the change in use. The applicant shall pay j
any additional capacity required prior to the issuance ol building permit.
PC RES0 NO. 1981 -2-
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2 6) This approval is granted to William Van Voorhis and Ken
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6 8) Five parking spaces adjacent to Suite B shall be reserve(
7 9) No ovens or grills shall be allowed on the premises, exca
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9 10) The sandwich shop shall be confined to the 773 square foc
lo 11) Advertisements for the proposed sandwich shop shall emphi
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5) The hours of operation of the proposed sandwich shop sha!
6:OO A.M. to 6:OO P.M., Monday through Friday.
Shorter and is not assignable to others.
7) This business shall operate on a take-out basis only, no tables or chairs shall be provided for the consumption oj food on premises.
the exclusive use of the proposed sandwich shop.
for microwave ovens for heating up sandwiches.
area shown on Exhibits "B" and "D".
that it is a take-out sandwich shop and suggest that
potential customers phone in their orders ahead of time.
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This conditional use permit is granted for a period of f: years. This conditional use permit shall be reviewed by Planning Director on a yearly basis to determine if all conditions of this permit have been met and that the use
not have a significant detrimental impact on surrounding
properties or the public health and welfare. If the Plal Director determines that the use has such significant ad1 impacts, the director shall recommend that the Planning Commission, after providing the permittee the opportunit;
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
has a significant detrimental affect on surrounding land 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 f years upon written application of the permittee made not
than 90 days prior to the expiration date. In granting
extension, the Planning Commission shall find that no substantial adverse affect on surrounding land uses the
public's health and welfare will result because of the continuation of the permitted use. If a substantial adv affect on surrounding land uses or the public's health a
welfare is found, the extension shall be considered as a
original application for a conditional use permit. Ther no limit to the number of extensions the Planning Commis
may grant.
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28 PC RES0 NO. 1981
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held
3 /j the 23rd day Of June, 1982, by the following vote, to wit:
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AYES: Chairman Farrow, Commissioners Marcus, Rombotis
NOES: None.
ABSENT: Commissioner Rawlins
ABSTAIN: None.
Schlehuber, Jose and Friestedt.
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VERNON JL FAMOW, JR.G/Chhirn CARLSBAD WING COMM~ION
1311ATTEsT: 14
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16 CARLSBAD PLANNING COMMISSION
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28 PC RES0 NO. 1981 -4-