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Home My WebLink About1985-04-24; Planning Commission; Resolution 2434J .. I/ e 0 1 2 3 4 5 6 PLANNING COMMISSION RESOLUTION NO. 2434 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A TARE OUT SANDWICH SHOP ON PROPERTY GENERALLY LOCATED AT 2235 FARADAY AVENUE. APPLICANT: CHOI CASE EO: CUP-270 WHEREAS, a verified application has been filed with 7 City of Carlsbad and referred to the Planning Commission; and 8 WHEREAS, said verified application constitutes a rec 9 as provided by Title 21 of the Carlsbad Municipal Code; and 10 WHEREAS, pursuant to the provisions of the Municipal 11 duly noticed public hearing to consider said application on 12 the Planning Commission did, on the 24th day of April, 1985, property described as: 13 14 15 16 II Lot 8 of Carlsbad Tract 81-10 Unit 1 according to iJIE 10330 filed February 22, 1982, WHEREAS, at said hearing, upon hearing and consideri /I testimony and arguments, if any, of all persons desiring to k 17 heard, said Commission considered all factors relating to CUE NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannir 18 19 20 Commission of the City of Carlsbad as follows: II (A) That the foregoing recitations are true and correct. 21 (€3) That based on the evidence presented at the public hearir 22 Commission APPROVES CUP-270, based on the following findi and subject to the following conditions: 23 24 25 //// 26 icies and ordinances since: //// 27 Findings 1) The project is consistent with all City public facility 28 //// 0 0 1 2 3 4 5 6 7 8 9 a) The Planning Conmission has, by inclusion of an appropriate condition to this project, insured that t final site plan will not be approved unless the City Council finds that sewer service is available to serc project, In addition, the Planning Conmission has at condition that a note shall be placed on the final sj plan that building permits may not be issued for the project unless the City Engineer determines that sew6 service is available, and building cannot occur with: project unless sewer service remains available, and 1 Planning Commission is satisfied that the requirement the public facilities element of the general plan hat been met insofar as they apply to sewer service for 1 project. b) All necessary public improvements have been provided will be required as conditions of approval, 10 11 12 I.3 2) 14 15 16 3, 17 18 c) The applicant has agreed and is required by the inclc of an appropriate condition to pay a public facilitie fee. Performance of that contract and payment of the will enable this body to find that public facilities be available concurrent with need as required by the general plan. This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the use Planning Manager on March 26, 1985 and approved by tk: Planning Commission on April 24, 1985. The proposed use is necessary and desirable for the development of the community, is essentially in harmony P the various elements of the General Plan and is not detrimental to the existing uses or to uses specifically permitted in this zone. 19 20 I") The subject property is adequate in size and shape to 21 22 24 6) The street system serving the subject is adequate to hand 23 all traffic generated by the proposed use as discussed in staff report. accommodate the proposed use as discussed in the staff report . 5) All of the yards, setbacks, walls, fences, landscaping an other features necessary to adjust the requested use to existing and permitted uses in the neighborhood will be provided and maintained. 25 ikonditions: 26 Approval is granted for CUP-270, as shown on Exhibits "A" "C" & "X", dated February 13, 1985, incorporated by refer and on file in the Land Use Planning Office. Development shall occur substantially as shown unless otherwise noted these conditions. ;I[ C RES0 NO. 2434 -2- *. *+ ll e 0 1 2 3 2) This project is approved upon the express condition that building permits will not be issued for development of tl proposed use unless the City Engineer determines that sewer facilities are available at the time of applicatiol such sewer permits and will continue to be available unt time of occupancy. 4 3) 5 6 7 8 9 This project is approved upon the express condition that applicant shall pay a public facilities fee as required 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 Feb~ 11, 1985, is on file with the City Clerk and incorporate( herein by reference. If said fee is not paid as promisec this application will not be consistent with the General and approval for this project shall be void. 10 4) Approval of this request shall not excuse compliance wit1 sections of the Zoning Ordinance and all other applicablt ordinances in effect at time of building permit issuance 11 5) This approval shall become null and void if occupancy is 12 granted within one year from the date of project approva: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ( 6) Any signs proposed for this development shall be designec conformance with Specific Plan SP-180 and shall require 1 and approval of the Land use Planning Manager prior to installation of such signs. 7) This conditional use permit is granted for a period of fj years. This conditional use permit shall be reviewed by Land Use Planning Manager on a yearly basis to determine all conditions of this permit have been met and that the does not have a significant detrimental impact on surrour ing properties or the public health and welfare. If the Use Planning Manager determines that the use has such significant adverse impacts, the manager shall recommend the Planning Commission, after providing the permittee tl opportunity to be heard, add additional conditions to mit the significant adverse impacts. This permit may be rev< at any time after a public hearing, if it is found that 1 use has a significant detrimental affect on surrounding 1 uses and the public's health and welfare, or the conditic imposed herein have not been met. This permit may be ext for a reasonable period of time not to exceed five years 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 //// :L :-:.SO NO. 2434 -3- -< 1 .. I( 0 1 2 3 4 substantial adverse affect on surrounding land uses or tl public's health and welfare will result because of the continuation of the permitted use. If a substantial advc affect on surrounding land uses or the public's health ar welfare is found, the extension shall be considered as ar original application for a conditional use permit. Therc no limit to the number of extensions the Planning Commis: may grant . 5 6 8) There will be no tables or chairs for the consumption Of on the premises. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I I I 9) The shop will sell "cold sandwiches'' only, there will be on-premise cooking of food, except for the use of microw; ovens. 10) Two existing parking spaces will be reserved for this us( immediately adjacent to the entrance and one existing Spi the rear of the building for employee parking will be reserved . 11) The applicant shall attempt to get as many people as pos! to call in their orders ahead of time. Engineering Conditions: 13) Improvements listed in this section shall be installed 01 agreed to be installed by secured agreement by the develc before the issuance of any building permit. The develop shall obtain approval of the plans from the City Enginee. pay all associated fees and performance guarantees prior issuance of any building permit. The developer shall in: said improvements to the satisfaction of the City Engine( prior to issuance of a Certificate of Occupancy or occup, of any portion of the project for any purpose. The improvements are: a) Sewer b) Water ;I/// I//// //// //// //// //// //// PC RES0 NO . 2434 -4- _-. ,. .' 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 ~ I 0 1) PASSED, APPROVED AND ADOPTED at a regular meeting of Planning Commission of the City of Carlsbad, California, held the 24th day of April, 1985, by the following vote, to wit: AYES : Commissioners Schlehuber, L' Heureux, Marcu McFadden, Smith and Rombotis. NOES : None. ABSENT: Chairman Farrow. ABSTAIN: None. Lh CLARENCE SCHLEHUBER, Vice-Chairm CARLSBAD PLANNING COMMISSION ATTEST : LAND USE PLANNING MANAGER I ~ ~ PC RES0 NO. 2434 -5-