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HomeMy WebLinkAbout1986-10-01; Planning Commission; Resolution 2610k? 1) a 1 I1 PLANNING COMMISSION RESOLUTION NO. 2610 I 2 3 4 5 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING AN APPROVED CONDITIONAL USE PERMIT TO ALLOW A TAKE OUT SANDWICH SHOP ON PROPERTY GENERALLY LOCATED IN SUITE A AT 2382 CAMINO VIDA ROBLE. APPLICANT: CEO1 CASE NO: CUP-224(A) WHEREAS, a verified application has been filed with the I 61j City of Carlsbad and referred to the Planning Commission; and I 7 11 WHEREAS, said verified application constitutes a request I 81i as provided by Title 21 of the Carlsbad Municipal Code; and 9 il WHEREAS, pursuant to the provisions of the Municipal Code, 10 11 12 13 14 the Planning Commission did, on the 1st day of October 1986, hold a duly noticed public hearing to consider said application on property described as: Parcel I of Parcel Map 6901 according to map thereof, being a division of Lot 4, Tract 73-49, Unit 1, Map NO. 8054, filed December 31, 1974. l5 11 WHEREAS, at said hearing, upon hearing and considering 16/1 all testimony and arguments, if any, of all persons desiring to be 17(1 heard, said Commission considered all factors relating to CUP- 18(1 224(A). 19 /I I NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2o i A) That the foregoing recitations are true and correct. 21 1 commission of the City of Carlsbad as follows: 22 23 the Commission APPROVES CUP-224(A), based on the following 24 findings and subject to the following conditions: 25 Findings: in this zone. detrimental to existing uses or to uses specifically permitt 27 the various elements of the General Plan and is not development of the community, is essentially in harmony with 26 1) The proposed use is necessary and desirable €or the B) That based on the evidence presented at the public hearing, 28 //// " im a 1 2 3 4 2) The subject property is adequate in size and shape to accommodate the proposed use. 3) All of the yards, setbacks, walls, fences , landscaping and other features necessary to adjust the requested use to existing and permitted future uses in the neighborhood will be provided and maintained, 511 4 1 The street system serving the subject property is adequate to 6 7 8 9 properly handle all traffic generated by the proposed use. 5) This project will not cause any significant environmental impacts and has undergone previous environmental review, therefore, the Planning Director has issued a Notice of Prior Compliance on September 20, 1986 and approved by the Planning Commission on October 1, 1986. !I Conditions: 10 I I1 1) All of the conditions of Resolution 2072, except for Condition 11 No. 7 are hereby incorporated by reference and shall be 12 I1 complied with in their entirety. 13 I 2) Condition No. 7 shall be amended to read as follows: At the time of a lease agreement, the property owner or his sandwich shop that a conditional use permit has been issued conditions of the permit. 14 16 for the operation and that the new operator must abide by the 15 agent shall inform any sbsequent operator of the take-out 17 II PASSED, APPROVED AND ADOPTED at a regular meeting of the 11 Planning Commission of the city of Carlsbad, California, held on 18 19 I/ the 1st day of October, 1986, by the following vote, to wit: 20 I1 21 I 22 I AYES: Chairman Schlehuber, Commissioners: Marcus, McFadden, Schramm, McBane & Hall. NOES: None. ABSENT : Commissioner Holmes. 23 24 25 ABSTAIN: None. 0 CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION - --- L 27 ' ,dyi -6 I.--.\ r, 9 f .. i' p/i i ICHAEL -J. HOL~MILLER/& (1 ATTEST: 26 28 //Planning Director L'" ' PC RES0 NO. 2610 -2-