HomeMy WebLinkAbout1984-07-11; Planning Commission; Resolution 23184
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PLANNING COMMISSION RESOLUTION NO. 2318
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE P TO ALLOW A TAKE-OUT SANDWICH SHOP ON PROPERTY GENER LOCATED IN SUITE C AT 61 50 YARROW DRIVE. APPLICANT: LLOYD KIM
CASE NO.: CUP-250
WHEREAS, a verified application has been filed with
City of Carlsbad and referred to the Planning Commission; an
WHEREAS, said verified application constitutes a re
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as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipa
the Planning Commission did, on the 11th day of July, 1984,
duly noticed public hearing to consider said application on
13 I/ property described as:
14 II Lot 2, Carlsbad Tract No. 79-14 Map 9744, APN 213-0
02.
15 il WHEREAS, at said public hearing, upon hearing and
161) considering all testimony and arguments, if any, of all pers
1711 desiring to be heard, said Commission considered all factors
1811 relating to CUP-250.
l9 /I NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planni 2oi; Commission of the City of Carlsbad as follows: "/I A) That the above recitations are true and correct.
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B) That based on the evidence presented at the public hear
the Commission APPROVES CUP-250, based on the followinq findings and subject to the following conditions:
24 11 Findings:
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1) The proposed use is necessary and desirable for the
development of the community, is essentially in harmonq
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the various elements of the General Plan and is not
detrimental to existing uses or to uses specifically PE in this zone.
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2) The subject property is adequate in size and shape to
accommodate the proposed use as discussed in the staff
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 adequ'
properly handle all traffic generated by the proposed u discussed in the staff report.
5) The project will not cause any significant environmenta
impacts and a Negative Declaration has been issued by t Use Planning Manager on May 23, 1984, and approved by t Planning Commission on July 11, 1984.
Conditions:
1 ) Approval is granted for CUP-250, as shown on Exhibit "A
April 24, 1984, incorporated by reference and on file i Land Use Planning Office. Development shall occur substantially as shown unless otherwise noted in these conditions.
2) Approval of this request shall not excuse compliance wi sections of the Zoning Ordinance and all other applicab ordinances in effect at time of building permit issuanc
3) At the time of building plan review, the applicant shal
present a set of floor plans to the Engineering Departm
They shall determine the increase in sewer capacity (if
required by the change in use. The applicant shall pay any additional capacity required prior to the issuance
building permit.
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Land Use Planning Office
4) Any signs proposed for this development shall be design
conformance with the City's Sign Ordinance and shall re
review and approval of the Land Use Planning Manager pr installation of such signs.
5) The hours of operation of the proposed sandwich shop sh
7:OO a.m. to 4:OO p.m., Monday through Friday.
6) This approval is granted to Lloyd Kim and is not assign
others.
7) This business shall operate on a take-out basis only, n
tables or chairs shall be provided for the consumption
on premises .
//// PC RES0 NO. 2318 -2-
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.I I1 e 0 /I 1 8) Two parking spaces adjacent to Suite C shall be reserve the exclusive use of the proposed sandwich shop. 2
3 for microwave ovens for heating up sandwiches.
4 10) The sandwich shop shall be confined to the 880 square-fl
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6 11) Advertisements for the proposed sandwich shop shall emp
that it is a take-out sandwich shop and suggest that po
customers phone in their orders ahead of time. 7
9) No ovens or grills shall be allowed on the premises, ex
area shown on Exhibit rrA1l.
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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 conditions of this permit have been met and that the USI not have a significant detrimental impact on surround- ing properties or the public health and welfare. If thc
Use Planning Manager determines that the use has such
significant adverse impacts, the manager shall recommenc
the Planning Commission, after providing the permittee
opportunity to be heard, add additional conditions to m
the significant adverse impacts. This permit may be re' any time after a public hearing, if it is found that thc has a significant detrimental affect on surrounding lanc
and the public's health and welfare, or the conditions
herein have not been met. This permit may be extended 1
reasonable period of time not to exceed five years upon
application of the permittee made not less than 90 days
to the expiration date. In granting such extension, thf
Planning Commission shall find that no substantial adve~ affect on surrounding land uses or the public's health i welfare will result because of the continuation of the permitted use. If a substantial adverse affect on surrc land uses or the public's health and welfare is found, 1 extension shall be considered as an original applicatiol conditional use permit. There is no limit to the numbel extensions the Planning Commission may grant.
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28 PC RES0 NO. 2318 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of
" /I Planning Commission Of the City of Carlsbad, California, bel(
3 the 11th day of July, 1984, by the following vote, to wit:
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AYES: Chairman Rombotis, Commissioners Marcus, Farr
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Schlehuber, McFadden, Rawlins and Smith.
NOES : None.
ABSENT: None.
ABSTAIN: None.
CARLSBAD PLANNING COMMISSl
12 ATTEST: I1 < 13
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LAND USE PLANNING MANAGER
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27 PC RES0 NO. 231 8
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