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Home My WebLink About1983-03-09; Planning Commission; Resolution 2088? 5 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 2088 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A SANDWICH SHOP ON PROPERTY GENERALLY LOCATED AT SUITE B, 5375 AVENIDA ENCINAS. APPLICANT: BARBIE'S LUNCH DEPOT/BARBARA PHILLIPY CASE NO: CUP-226 WHEREAS, a verified application has been filed wit1 City of Carlsbad and referred to the Planning Commission; a1 WHEREAS, said verified application constitutes a re as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municip, the Planning Commission did, on the 9th day of March, 1983, duly noticed public hearing to consider said application on property described as: A portion of Parcel 19, Rancho Agua Hedionda, Lot H, Map 823. WHEREASl at said hearing, upon hearing and conside. testimony and arguments, if any, of all persons desiring to heard, said Commission considered all factors relating to Cl NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plann 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 hear Commission approves CUP-226, based on the following fin1 and subject to the following conditions: Findinss: e 1) The proposed use is necessary and desirable for the dev of the community, is essentially in harmony with the va elements and objectives of the General Plan, and is not detrimental to existing uses or to uses specifically pe in this zone. 2) The subject property is adequate in size and shape to a modate the proposed use. I/ .I 0 0 1 2 3 4 5 6 7 8 9 10 3) All of the yards, setbacks, walls, fences, landscaping other features necessary to adjust the requested use to existing and permitted future uses in the neighborhood provided and maintained, 4) The street system serving the subject property is adeqc properly handle all traffic generated by the proposed u 5) The project will not cause any significant environmentE impacts and a Negative Declaration has been issued by t Use Planning Manager on February 12, 1983 and approved Planning Commission on March 9, 1983. General Conditions: 1) Approval is granted for CUP-226 as shown on Exhibit "A" February 7, 1983, incorporated by reference and on file Land Use Planning Office. Development shall occur sub$ tially as shown unless otherwise noted in these conditj 11 2) Approval of this request shall not excuse compliance wj sections of the Zoning Ordinance and all other applicak 12 ordinances in effect at time of building permit issuanc 13 3) At the time of building plan review, the applicant shal They shall determine the increase in sewer capacity (ii 14 present a set of floor plans to the Engineering Departn any additional capacity required prior to the issuance 15 required by the change in use. The applicant shall pa] building permit, 16 Land Use Planning Office: 17 4) Any signs proposed for this development shall be desigl 18 conformance with the City's Sign Ordinance and shall rc review and approval of the Land Use Planning Office pr: 19 installation of such signs. 20 5) The hours of operation of the proposed sandwich shop SI 21 6:OO a.m. to 6:OO p.m., Monday through Friday. assignable to others, 22 6) This approval is granted to Barbara Phillipy and is no( 23 7) This business shall operate on a take-out basis only, 1 tables or chairs shall be provided for the consumption 24 on premises. 25 8) Three parking spaces adjacent to Suite B shall be rese' 26 27 PC RES0 NO. 2088 2. 28 for microwave ovens for heating up sandwiches, the exclusive use of the proposed sandwich shop. 9) No ovens or grills shall be allowed on the premises, e' I I1 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1'7 18 19 20 21 22 23 24 25 26 27 28 IO) The sandwich shop shall be confined to the 735 square-f area shown on Exhibit "AI1, 11) Advertisements for the proposed sandwich shop shall emp that it is a take-out sandwich shop and suggest that potential customers phone in their orders ahead of time 12) 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 determin all conditions of this permit have been met and that th does not have a significant detrimental impact on SUKKO ing properties or the public health and welfare. If th Use Planning Manager determines that the use has such s icant adverse impacts, the manager shall recommend that Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to r[ the significant adverse impacts. This permit may be re at any time after a public hearing, if it is found that use has a significant detrimental affect on surrounding uses and the public's health and welfare, or the condit imposed herein have not been met. This permit may be E for a reasonable period of time not to exceed five year written application of the permittee made not less thar days prior to the expiration date, In granting such ex sion, the Planning Commission shall find that no substz adverse affect on surrounding land uses or the public': and welfare will result because of the continuation of permitted use. If a substantial adverse affect on sur1 land uses or the public's health and welfare is found, extension shall be considered as an original applicatic conditional use permit. There is no limit to the numb€ extensions the Planning Commission may grant. //// //// //// //// //// //// //// //// //// //// I/// PC RES0 NO. 2088 3. II b .> 1 2 3 4 5 6 7 8 9 10 11 I.2 13 I1 0 0 PASSED, APPROVED AND ADOPTED at a regular meeting Oj Planning Commission of the City of Carlsbad, California, helc the 9th day of MarchF 1983, by the following vote, to wit: AYES : Chairman Schlehuber, Commissioners Marcus, Rombotis, Farrow, Jose, Friestedt and Raw1 NOES: None . ABSENT: None. ABSTAIN: None. CLARENCE SCHLEHUBER, Chairm CARLSBAD PLANNING COMMISSIO ~ ATTEST : 14 15 16 LAND USE PLANNING MANAGER ll 17 18 19 2o i 21 I 22 23 25 26 24 ~ 27 28 PC RES0 NO. 2088 4.