HomeMy WebLinkAbout1986-10-15; Planning Commission; Resolution 2626‘m II e 0 I
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PLANNING COMMISSION RESOLUTION NO. 2626
A RESOLUTION OF THE PLAHNING COMMISSION OF THE CITY OF
CMLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO Aiv
EXISTING CONDITIONAL USE PERMIT TO ALLOW A DANCE EXOOR AT THE CUZY BURRO RESTAURANT ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF EL CAMINO REAL BETWEEN ALGA ROAD AND DOVE LANE.
APPLICANT: CRAZY BURRO CASE NO. : CUP-205 (A)
WHEREAS, a verified application has been filed with the I
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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
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22 a duly noticed public hearing to consider said application on
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WHEREAS, pursuant to the provisions of the Municipal Code,
the Planning Commission did, on the 15th day of October, 1986, hold
I property described as:
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Parcel 2 of Parcel Map No. 9043 fil’ed August 14, 1979 as I
File No. 79 340 715 of the Official Record.
WHEREAS, at said public hearing, upon hearing and
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l8 relating to CUP-205(A).
considering all testimony and arguments, if any, of all persons
desiring to be heard, said Commission considered all factors
19 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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23 the Commission APPROVES CUP-205(A), based on the following
findings and subject to the following conditions:
Commission of the City of Carlsbad as follows:
A) That the above recitations are true and correct.
B) ’ That based on the evidence presented at the public hearing,
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1) The requested use 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 permittec in the zone in which it is located since it will occur within
an existing restaurant in a neighborhood commercial center.
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2) The site is adequate in size and shape to accommodate the proposed use since it will occur within an existing building and adequate parking is provided onsite.
3) All the yards, setbacks, walls, fences, landscaping and other features necessary to adjust the requested use to permitted uses on the site will be maintained since the use will occur within an existing building.
4) The street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use because as conditioned the proposed dance floor should not generate any additional traffic.'
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5) The project is consistent with all City public facility pol- icies and ordinances since:
a) The Planning Commission has, by inclusion of an appropriate condition to this project, ensured building
permits will not be issued for the project unless the City
Engineer determines that sewer service is available, and building cannot occur within the project unless sewer
service remains available, and the Planning Commission is
satisfied that the requirements of the Public Facilities
Element of the General Plan have been met insofar as they apply to sewer service for this project.
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b) All necessary public improvements have been provided or will be required as conditions of approval.
c) The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the
General Plan.
6) The environmental effects of this project have been considered in conjunction with previously certified environmental documents and a Notice of Prior Compliance has been issued by the Planning Director on June 28, 1986 and approved by the Planning Commission on October 15, 1986.
Conditions :
1) Approval is granted for CUP-Z05(A), as shown on Exhibits "A" -
file in the Planning Department. Development shall occur
substantially as shown unless otherwise noted in these conditions.
'E", dated April 22, 1986, incorporated by reference and on
2) This project is subject to all findings and conditions
established in the approval of Resolution No. 1853, CUP-205.
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3) This project is approved upon the express condition that building permits will not be issued for development of the
subject property unless the City Engineer determines that sewer facilities are available at the time of application for
such sewer permits and will continue to be available until time of occupancy. This note shall be placed on the final map.
4) This project is also approved under the express condition that the applicant pay the public facilities fee adopted by the
City Council on April 22, 1986 and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or facilities and
improvement plan and to fulfill the subdivider's agreement to
pay the public facilities fee dated November 12, 1985, and the agreement to pay the Growth Management Fee dated -
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5) Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance.
6) Water shall be provided to this project pursuant to the Water Service agreement between the City of Carlsbad and the Costa Kea1 Water District, dated May 25, 1983.
7) Any signs proposed for this development shall be designed in
conformance with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs.
8) This conditional use permit is granted for a period of two years. This conditional use permit shall be reviewed by the Planning Director on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a significant detrimental impact on surround ing
properties or the public health and welfare. If the Planning
Director determines that the use has such significant adverse impacts, the Planning Director shall recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to mitigate the significant adverse impacts. This permit may be revoked at any time after a public hearing, if it is found that the
' use has a significant detrimental affect on surrounding land
uses and the public's health and welfare, or the conditions
imposed herein have not been met. This permit may be extended
for a reasonable period of time not to exceed two years upon written application of the permittee made not less than 90 days prior to the expiration date. In granting such
extension, the Planning Commission shall find that no
substantial adverse affect on surrounding land uses or the
public's health and welfare will result because of the
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continuation of the permitted use. If a substantial adverse affect on surrounding land uses or the public's health and welfare is found, the extension shall be considered as an
original application for a conditional use permit. There is
may grant. ~ no limit to the number of extensions the Planning Commission
~ 9) This conditional use permit is granted subject to the
I elimination of dancing and dining on the outside patio. All
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tables and chairs shall be removed from this area. Reference to patio on the map exhibit shall be deleted. I 6
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10) The applicant shall immediately install signs at the southerly driveway prohibiting parking in the driveway. Signs shall
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also be installed in the southerly parking lot indicating
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there is additional parking at the northern lot.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
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Planning Commission of the City of Carlsbad, California, held on
the 15th day of October, 1986, by the following vote, to wit:
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AYES : Chairman Schlehuber, Commissioners: Marcus,
Schramm, Holmes, Hall & McBane.
NOES : None.
14 11 ABSENT: Commissioner McFadden.
I!5 /I ABSTAIN : None. I
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I ATTEST: ?, ) c5i&%& i
PLANNING DIRECTOR
rnQ Ape, 4 & $"@ ~.~.~~~~~~~~,,.~~,~~~~~,~ $.. 9< y c" 9 ?2+*
CLARENCE SCHLEHUBER. Chairman CARLSBAD PLANNING C~MMISSION
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RES0 NO. 2426 -4-