HomeMy WebLinkAbout1983-01-26; Planning Commission; Resolution 2072.F
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PLANNING COMMISSION RESOLUTION NO. 2072
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A TAKE OUT SANDWICH SHOP ON PROPERTY GENERALLY LOCATED IN SUITE A AT 2382 CAMINO VIDA ROBLE. APPLICANT: CHOI CASE NO: CUP-224
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WHEREAS, a verified application has been filed wit
City of Carlsbad and referred to the Planning Commission; a
WHEREAS, said verified application constitutes a K
provided by Title 21 of the Carlsbad Municipal Code; and
10 /I WHEREAS, pursuant to the provisions of the Municir
11 ll the Planning Commission did, on the 26th day of January, 15
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a duly noticed public hearing to consider said application
property described as:
14 /I Parcel 1 of Parcel Map 6901 according to map there
a division of Lot 4, Tract 73-49, Unit 1, Map No.
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filed December 31, 1974.
WHEREAS, at said hearing, upon hearing and considc
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testimony and arguments, if anyp of all persons desiring t(
heard, said Commission considered all factors relating to (
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plan1
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 heal
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22 Commission APPROVES CUP-224, based on the following fil
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24 Findings:
25 1) The proposed use is necessary and desirable for the de7
of the community, is essentially in harmony with the v'
elements of the General Plan and is not detrimental to 26 uses or to uses specifically permitted in this zone,
27 2) The subject property is adequate in size and shape to
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subject to the following conditions:
accommodate the proposed use.
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1 features necessary to adjust the requested use to exist
2 permitted future uses in the neighborhood will be provi maintained.
3) All of the yards, setbacks, walls, fences, landscaping
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4) The street system serving the subject property is adequ properly handle all traffic generated by the proposed u
5) The project will not cause any significant environmenta and a Negative Declaration has been issued by the Land Planning Manager on January 3, 1983, and approved by th Planning Commission on January 26, 1983.
General Conditions: *
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1) Approval is granted for CUP-224, as shown on Exhibits 'I dated December 12, 1982, incorporated by reference and
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in the Land Use Planning Office. Development shall occ substantially as shown unless otherwise noted in these conditions.
l1 2) This project is approved upon the express condition thz
12 applicant shall pay a public facilities fee as required
Council Policy No. 17, dated April 2, 1982, on file wit
13 City Clerk and incorporated herein by reference, and ac to the agreement executed by the applicant for payment
14 fee, a copy of that agreement, dated November 22, 1982,
file with the City Clerk and incorporated herein by ref
15 If said fee is not paid as promised, this application b be consistent with the General Plan and approval for tl-
16 project shall be void.
17 3) Approval of this request shall not excuse compliance wj sections of the Zoning Ordinance and all other applical: ordinances in effect at time of building permit issuanc 18
19 4) At the time of building plan review, the applicant shal a set of floor plans to the Engineering Department. Tlr
20 determine the increase in sewer capacity (if any) requi
the change in use. The applicant shall pay for any add
21 capacity required prior to the issuance of a building E
22 Land Use Planning Off ice:
23 5) Any signs proposed for this development shall be desic
conformance with the City's Sign Ordinance and shall Y
24 review and approval of the Land Use Planning Manager E
installation of such signs.
25 6) The hours of operation of the proposed sandwich shop st
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6:OO a.m. to 6:OO p.m., Monday through Friday.
7) This approval is granted to Jai I. Choi and is not ass]
others.
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1 8) This business shall operate on a take out basis only, 1
or chairs shall be provided for the consumption of fooc
premises. 2
9) Two parking spaces adjacent to Suite A shall be reservl 3 the exclusive use of the proposed sandwich shop. *
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10) No ovens or grills shall be allowed on the premises, e.
12) Advertisements for the proposed sandwich shop shall em 7
shown on Exhibits “A” and ‘IB“.
that it is a take out sandwich shop and suggest that p
microwave ovens, for heating up sandwiches.
11) The sandwich shop shall be confined to the 500 square-
a customers phone in their orders ahead of time.
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This conditional use permit is granted for a period of
years. This conditional use permit shall be reviewed
Land Use Planning Manager on a yearly basis to determi
conditions of this permit have been met and that the u
not have a significant detrimental impact on surroundi
properties or the public health and welfare. If the L
Planning Manager determines that the use has such sign
adverse impacts, the manager shall recommend that the Commission, after providing the permittee the opportun heard, add additional conditions to mitigate the signi adverse impacts. This permit may be revoked at any ti a public hearing, if it is found that the use has a si
detrimental affect on surrounding land uses and the pu health and welfare, or the conditions imposed herein h
been met. This permit may be extended for a reasonabl
of time not to exceed five years upon written applicat
the permittee made not less than 90 days prior to the
expiration date. In granting such extension, the Plan
Commission shall find that no substantial adverse affe
surrounding land uses or the public’s health and welfa
result because of the continuation of the permitted us substantial adverse affect on surrounding land uses or public’s health and welfare is found, the extension sh
considered as an original application for a conditiona permit. There is no limit to the number of extensions
Planning Commission may grant.
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NO. 2072 .3
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1 PASSED, APPROVED AND ADOPTED at a regular meeting 1
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the 26th day of January, 1983, by the following vote, to wi 3
Planning Commission of the City of Carlsbad, California, he
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AYES: Chairman Schlehuber, Commissioners Marcus
NOES : None.
Rombotis, Farrow, Jose and Friestedt.
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6 /I ABSENT: Commissioner Rawlins.
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ABSTAIN : None .
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12 ATTEST :
p&&,,W
CLARENCE SCHL ' UBER, Chair CARLSBAD PLANNING COMMISSI
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