HomeMy WebLinkAbout1987-04-15; Planning Commission; Resolution 2652W
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PLANNING COMMISSION RESOLUTION NO. 2652
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW A DELICATESSEN
AND CATERING SHOP ON PROPERTY GENERALLY LOCATED
AT SUITE E, OCEAN POINTE TECH CENTER, 5431
AVENIDA ENCINAS.
APPLICANT: STARVIN MARVIN'S
CASE NO: CUP-301
WHEREAS, a verified application has been filed with the
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 15th day of April, 1987, hold a
duly noticed public hearing to consider said application on
property described as:
Parcel 1 as shown on Page 13051 of parcel maps filed
Decembr 9, 1983, within the City of Carlsbad, County of
San Diego, State of California.
WHEREAS, at said hearing, upon hearing and considering all
testimony and arguments, if any, of all persons desiring to be
heard, said Commission considered all factors relating to CUP-301.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
(A) That the foregoing recitations are true and correct.
(B) That based on the evidence presented at the public hearing, thc
Commission APPROVES CUP-301, based on the following findings
and subject to the following conditions:
Findings
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
permitted in this zone.
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2 1 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.
4) The street system serving the subject property is adequate to
properly handle all traffic generated by the proposed use.
5) The project is categorically exempt from environmental
review, per Section 15031 (a) of the California Environmental
Quality Act.
6) The project is consistent with the provisions of Chapter 21.90
of the Carlsbad Municipal Code and the plans adopted pursuant
of this Chapter or has signed an agreement to be subject to
such plans when they are adopted.
General Conditions
1) Approval is granted for CUP-301, as shown on Exhibits "B"
and "D", dated November 12, 1986, incorporated by reference
and on file in the Planning Department. Development shall
occur substantially as shown unless otherwise noted in these
conditions.
2) 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.
3) At the time of building plan review, the applicant shall
present a set of floor plans to the Engineering Department.
They shall determine the increase in sewer capacity (if any1
required by the change in use. The applicant shall pay for
any additional capacity required prior to the issuance of a
building permit.
Planning Conditions
4) 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.
5) This conditional use permit is granted for a period of five
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
PC RES0 NO. 2652 -2-
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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 five 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
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
no limit to the number of extensions the Planning Commission
may grant.
6) The applicant shall comply with all provisions of the Carlsbad
Municipal Code Section 21.90.030(g) (Growth Management
System).
7) The maximum hours of operation of the proposed delicatessen
and catering shop shall be 6:OO a.m. to 6:OO p.m., Monday
through Friday.
8) This business shall operate on a take-out basis only, no
tables or chairs shall be provided for the consumption of
food on premises.
9) Four parking spaces adjacent to Suite E shall be reserved for
the exclusive use of the proposed delicatessen. These spaces
shall be clearly labeled f.or deli parking. Three employee
parking spaces shall be provided at the rear of building C-1.
10) No ovens or grills shall be allowed on the premises, except
for microwave ovens and a steam table for heating up
sandwiches and soup.
11) The delicatessen kitchen and customer service area shall be
confined to the 820 square foot area shown on Exhibit "D".
12) Advertisements and the menu fox the proposed delicatessen
shall emphasize that it is a take-out delicatessen and suggest
that potential customers phone in their orders ahead of time.
A sign to this effect shall be placed in a highly visible
location in the deli.
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PC RES0 NO. 2652 -3-
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13) At the time of a lease agreement, the property owner or his
agent shall inform any subsequent operator of the take-out
delicatessen that a conditional use permit has been issued for
the operation and that the new operator must abide by the
conditions of the permit.
4 /I Engineering Conditions
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14) This project is approved upon the expressed condition that
building permits will not be issued for development of the
subject property unless the City Engineer determines that
sewer capacity is available at the 'time of application for
such permits and will continue to be available until time of
occupancy.
15) If congestion, accidents, or vehicular conflicts with other
uses occur within this project, the permit may be revoked or
additional conditions imposed by the City Engineer, to
provide adequate parking and safe circulation within the
development.
16) Notice is hereby given that a ground water clean-up process is
underway south of this project (about 500 feet +). The San
Diego County Air Pollution Control District has-approved a
permit (with restrictions) to emit certain purgeable
halocarbons at levels less than harmful to the surrounding
community. If these levels should rise above this acceptance,
this conditional use permit will be revoked.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
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the 15th day of April, 1987, by the following vote, to wit:
AYES: Chairperson Marcus, Commissioners: McFadden, Schramm,
5 11 Hall, Schlehuber & McBane.
NOES: None.
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ABSENT : Commissioner Holmes.
ABSTAIN : None.
CARLSBAD PLANNING COMMISSION. '
ATTEST:
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14 qiJLaA% & MICHAEL J. HMMILU~R 15 // PLANNING DIRECTOR
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