HomeMy WebLinkAbout1986-10-01; Planning Commission; Resolution 2612"1 ". h 0 0
I. II PLANNING COMMISSION RESOLUTION NO. 2612
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING AN APPROVED CONDITIONAL
USE PERMIT TO ALLOW A SANDWICH SHOP ON PROPERTY GENERALLY
LOCATED IN SUITE B AT 5375 AVENIDA ENCINAS,
APPLICANT: BARBIE'S LUNCH DEPOT/BARBARA PHILLIPY
CASE NO: CUP-226(A)
WHEREAS, a verified application has been filed with the
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City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code,
the Planning Commission did, on the 1 st day of October, 1986, hold
a duly noticed Public Hearing to consider said application on
property described as:
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14 I1 A portion of Parcel 19, Rancho Agua Hedionda, Lot H, Map
823.
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considering all testimony and arguments, if any, of all persons 16
WHEREAS, at said public hearing, upon hearing and
relating to CUP-22Q(A), 18
desiring to be heard, said commission considered all factors 17 I
19 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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B) That based on the evidence presented at the public hearing, 22
A) That the foregoing recitations are true and correct. 21
Commission of the City of Carlsbad as follows:
the Commission APPROVES CUP-226(A), based on the following
findings and subject to the following conditions:
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24 IIFindings:
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1) The proposed use is necessary and desirable for the
development of the community, is essentially in harmony with
the various elements and objectives of the General Plan, and
is not detrimental to existing uses or to uses specifically 27 permitted in this zone.
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6 ' ', - // e * 2) The subject property is adequate in size and shape to
1 accommodate the proposed use.
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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.
4) The street system serving the subject property is adequate to
properly handle all traffic generated by the proposed use. I
6 5) This project will not cause any significant environmental
impacts and has undergone previous environmental review,
Compliance on September 20, 1986 and approved by the Planning 7
Commission on October 1, 1986. €3
therefore, the Planning Director has issued a Notice of Prior
9 Conditions:
10 1) All of the conditions of Resolution 2088, except for Condition
No. 6 are hereby incorporated by reference and shall be
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12 2) Condition No. 6 shall be amended to read as follows:
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At the time of a lease agreement, the property owner or his
agent shall inform any sbsequent operator of the take-out
sandwich shop that a conditional use permit has been issued
for the operation and that the new operator must abide by the
conditions of the permit.
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Planning Commission of the City of Carlsbad, California, held on 17
PASSED, APPROVED AND ADOPTED at a regular meeting Of the
the 1st day of October, 1986, by the following vote, to wit: 18
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AYES: Chairman Schlehuber, Commissioners: Marcus,
NOES : None.
McFadden, Schramm, McBane & Hall.
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ABSTAIN : None. 22
ABSENT: Commissioner Holmes.
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ATTEST:
CLARENCE SCHLEHUBER, Chairman
CARLSBAD PLANNING COMMISSION
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28 Planning Director I\
PC RES0 NO. 2612 -2-