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HomeMy WebLinkAbout1983-02-09; Planning Commission; Resolution 2077c ., 1 2 3 4 5 e a PLANNING COMMISSION RESOLUTION NO. 2077 A RESOLUTION OF THE PLANNING COMMISSION OF THE CIT’ CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE : TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES AT A PROP( RESTAURANT IN WEST BL,UFF PLAZA. APPLICANT: SZECHUAN GARDENS, INC. CASE NO.: CUP-225 6 as provided by Title 21 of the Carlsbad Municipal Code; and 9 WHEREAS, said verified application constitutes a r 8 City of Carlsbad and referred to the Planning Commission; a 7 WHEREAS, a verified application ahs been filed wit 10 WHEREAS, pursuant to the provisions of the Municip 111( the Planning Commission did, on the 9th day of February, 19 12)/ hold a duly notices public hearing to consider said applica l3 property described as: !I 14 15 A portion of the west half of the northeast quarte Section 26, Township 12 South, Range 4W westp San Bernardino Meridian, in San Diego County. 16 considering all testimony and arguments, if anyp of all per l7 WHEREAS, at said public hearing, upon hearing and desiring to be heard, said Commission considered all factor I* 19 1; relating to CUP-225. 20 21 Commission of the City of Carlsbad as follows: NOW, THEREFOREl BE IT HEREBY RESOLVED by the Plann 2211 A) That the foregoing recitations are true and correct. 23 24 B) That based on the evidence presented at the public hear Commission APPROVES CUP-225, based on the following fir and subject to the following conditions: 25 /I Findings: 26 27 1) The site is physically suitable for the type of develog development as proposed. since the site is adequate in size and shape to accomrnc 28 //// I c >' ll I. 2) 2 3 4l 3) 5 e 6 The project is consistent with all City public facility policies and ordinances since restaurant uses have alrei approved as part of a previous site development plan ant premise sale of alcoholic beverages will not affect any improvements. The proposed project is compatible with the surrounding land uses including surrounding properties designated fc residential development on the GeneKal Plan, 6 7 4) This project will not cause any significant environmeni 8 Use Planning Manager on January 11, 1983 and approved 2 impacts and a Negative Declaration has been issued by 1 Planning Commission on February 9, 1983. 9 IIConditions: 10 1) Approval is granted for CUP-225, as shown on Exhibit(s and C, dated January 3, 1983, incorporated by referencc 11 file in the Land Use Planning office. Development sha: substantially as shown unless otherwise noted in these 12 conditions. 13 14 15 16 17 18 19 20 21 22 23 24 25 2) This conditional use permit is granted for a period of : years. This conditional use permit shall be reviewed b: Land Use Planning Manager on a yearly basis to determint conditions of this permit have been met and that the us1 not have a significant detrimental impact on surroundinc properties or the public health and welfare. If the La: Planning Manager determines that the use has such signi adverse impacts, the manager shall recommend that the P Commission, after providing the permittee the opportuni heard, add additional conditions to mitigate the signif adverse impacts. This permit may be revoked at any tim public hearing, if it is found that the use has a signi detrimental affect on surrounding land uses and the pub health and welfare, or the conditions imposed herein ha been met. This permit may be extended for a reasonable of time not to exceed five years upon written applicati permittee made not less than 90 days prior to the expir date. In granting such extension, the Planning Commiss find that no substantial adverse affect on surrounding or the public's health and welfare will result because continuation of the permitted use. If a substantial ad affect on surrounding land uses or the public's health welfare is found, the extension shall be considered as original application for a conditional use permit. The limit to the number of extensions the Planning Comrnissi grant o 26 27 //// //// 28 PC RES0 NO. 2077 .2 . .) .b e e I I1 PASSED, APPROVED AND ADOPTED at a regular meeting c 211Planning Commission of the City of Carlsbad, California, he1 311the 9th day of February, 1983, by the following vote, to wit 4 5 6 7 a 9 10 AYES : Chairman Schlehuber, Commissioners Marcus, NOES s. Commissioner Farrow. Rombotis, Jose, Friestedt and Rawlins. ABSENT: None. ABSTAIN: None. CARLSBAD PLANNING COMMIS: 1'7 18 19 I 20 21 22 23 24 25 26 27 28 PC RES0 NO. 2077 I .3