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HomeMy WebLinkAbout1982-06-23; Planning Commission; Resolution 1982i <* e I // PLANNING COMMISSION RESOLUTION NO. 1982 2 3 4 5 6 7 a A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW AN INCREASE IN RETAIL AREA FOR THE TIP TOP MEAT MARKET AND DELI AND TO ALLOW A PRODUCE MARKET ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF PASEO DEL NORTE, SOUTH OF PALOMAR AIRPORT ROAD. APPLICANT: TIP TOP MEATS/SATSUMA FARMS CASE NO: CUP-l62(B) WHEREAS, a verified application has been filed with the 9 I! of Carlsbad and referred to the Planning Commission; and 10 I1 WHEREAS, said verified application constitutes a request 11 12 13 14 15 16 provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code Planning Commission did, on the 23rd day of June, 1982, hold noticed public hearing to consider said application on properl described as: Parcels A and B of Map 4279 filed in San Diego County. 17 ll WHEREAS, at said public hearing, upon hearing and considl 18 all testimony and arguments, if any, of all persons desiring ' 19 I heard, said Commission considered all factors relating to 20 21 22 Commission of the City of Carlsbad as follows: 23 A) That the foregoing recitations are true and correct. 24 B) That based on the evidence presented at the public hearir the Commission APPROVES CUP-l62(B), based on the followir 25 findings and subject to the following conditions: 26 27 1) That the requested expansion of the uses is desirable for CUP-l62(B). NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Findings: development of the community, is essentially in harmony 28 I/ e e 1 2 with various elements and objectives of the General Plan, is not detrimental to existing uses or to uses specifical permitted in the zone as discussed in the staff report. 3 2) That the site for the intended expansion is adequate in 5 and shape to accommodate the use as adequate off street 4 parking will be provided and there will be no major phys: expansion. !j 6 3) That all of the yards, setbacks, walls, fences, landscap and other features necessary will be provided and mainta. 8 4) That the street system serving the proposed expansion of 7 as discussed in the staff report. the proposed expansion. uses is adequate to properly handle all traffic generatec 9 5) lo 11 6) 12 I-3 7) 14 15 16 That the project is in substantial conformance with SP-2: That the Planning Director has found this project to meet requirements of the Carlsbad Environmental Protection Ordinance and a Negative Declaration was issued by the Planning Director on June 10, 1982 and approved by the Planning Commission on June 23, 1982. The applicant has agreed ahd is required by the inclusior an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. 17 19 dated May 21, 1982, incorporated by reference and on file 1) Approval is granted for CUP-I62(B), as shown on Exhibit i 18 Cond it ions : the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 20 I 21 2, 22 23 24 25 This project is approved upon the express condition that applicant shall pay a public facilities fee as required 1: City Council Policy No. 17, dated April 2, 1982, on file the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee, a copy of that agreement dated May 1 1982, is on file with the City Clerk and incorporated her by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan approval for this project shall be void. 26 27 28 3) Retail sales area shall be limited to the sale of meat- related products produced within the subject building anc PC RESO. NO. 1982 -2- II . I1 e e ll 1 incidental related specialty items and produce in the re portion of the building. 2 3 4) No additional signing identifying the uses shall be all01 until a sign program is approved by the Planning Directo: 4 5) 5 6 7 8 9 10 11 12 13 14 15 16 17 //// 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 ditions of this permit have been met and that the use do' have a significant detrimental impact on surrounding properties or the public health and welfare. If the Pla; Director determines that the use has such significant ad., 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 iml herein have not been met. This permit may be extended fc 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 F lic's health and welfare will result because of the conti ation of the permitted use. If a substantial adverse aff on surrounding land uses or the public's health and welfe found, the extension shall be considered as an original application for a conditional use permit. There is no li to the number of extensions the Planning Commission may grant. 18 19 //// I//// 20 /I//// /I//// 21 22 I///// 23 II//// 24 25 //// //// 26 27 28 //// //// I/// PC RES0 NO. 1982 -3- * L a e 1 2 3 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held the 23rd day of June, 1982, by the following vote, to wit: 4 5 6 AYES : Chairman Farrow, Commissioners Marcus, Romboti NOES : None . ABSENT: Commissioner Rawlins. Schlehuber, Jose and Friestedt. 7 11 ABSTAIN : None. 8 9 10 'I ATTEST: 12 13 14 15 16 17 18 19 20 11 21 22 23 24 25 26 27 28 PC RESO. NO. 1982 -4-