HomeMy WebLinkAbout1987-08-19; Planning Commission; Resolution 2673d 0 0
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PLANNING COMMISSION RESOLUTION NO. 2673
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A DELICATESSEN/
RESTAURANT ON PROPERTY GENERALLY LOCATED ON THE
SOUTHEAST CORNER OF EL CAMINO REAL AND FARADAY
AVENUE.
APPLICANT: HAWKINS
CASE NO: CUP 87-4
6 II WHEREAS, a verified application has been filed with the
71/ City of Carlsbad and referred to the Planning Commission; and
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a WHEREAS, said verified application constitutes a request
9 as provided by Title 21 of the Carlsbad Municipal Code; and
10 WHEREAS, pursuant to the provisions of the Municipal Code,
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the Planning Commission did, on the 5th day and 19th day of August,
1987, hold a duly noticed public hearing to consider said ''11 application on property described as:
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Map 823, Parcel C of Map 1703, Portion Lot B, Rancho
Hedionda, City of Carlsbad,
WHEREAS, at said hearing, upon hearing and considering all
17 ll testimony and arguments, if any, of all persons desiring to be I
18 ii heard, said Commission considered all factors relating to CUP 87-
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20 I1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
21 il Commission of the City of Carlsbad as follows:
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22 I1 (A) That the foregoing recitations are true and correct.
23 Commission APPROVES CUP 87-4, based on the following findings
24 and subject to the following conditions:
(8) That based on the evidence presented at the public hearing, the
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Findings:
1. That the requested use is necessary or 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
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I permitted in the zone in which the proposed use is to be
located, as discussed in the staff report.
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2. That the site for the intended use is adequate in size and
shape to accommodate the use, as discussed in the staff
report.
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3. That all of the yards, setbacks, walls, fences, landscaping,
and other features necessary to adjust the requested use to
existing or permitted future uses in the neighborhood will be
provided and maintained, as discussed in the staff report.
4. That the street system serving the proposed use is adequate
to properly handle all traffic generated by the proposed use,
as discussed in the staff report.
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 that the
final map will not be approved unless the City Council
finds that sewer service is available to serve the
project. In addition, the Planning Commission has added a
condition that a note shall be placed on the final map
that building permits may 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.
I.8 I1 b. All necessary public improvements have been provided or
will be required as conditions of approval.
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I 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.
23 6. This project will not cause any significant environmental
Planning Commission on August 19, 1987. Planning Director on 3uly IO, 1987, and approved by the 24
impacts and a Negative Declaration has been issued by the
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Management Plan for Zone 5. 27
Program because is has been conditioned to comply with any
7. This project is consistent with the City's Growth Management
requirements approved as part of the Local Facilities
PC RES0 NO. 2673 28 -2-
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Conditions:
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1. All of the conditions of Planning Commission Resolution No.
2671 (SDP 87-2) are hereby incorporated by reference and shall
be complied with in their entirety.
2. This project shall comply with all conditions and mitigation
required by the Zone 5 Local Facilities Management Plan.
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3. The hours of operation of this business shall be limited to
7:OO a.m. to 5:OO p.m., or the applicant shall provide a
detailed parking lot lighting plan subject to the approval of
the Planning Director and City Engineer. The lighting shown
on this plan shall be installed prior to occupancy if the
proposed use is operating after dark.
4. 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 determinetal impact on surrounding
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 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 health and welfare will result because of the
continuation of the permitted use. If a substantial adverse
affect surrounding land uses or the public 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.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 19th day of August, 1987, by the following vote, to wit:
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AYES: Chairman Marcus, Commissioners Schlehuber, Schramm, Holmes, and Hall.
NOES: None.
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ABSENT: Commissioners McBane and McFadden.
ABSTAIN: None.
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'I (1 ATTEST:
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PLANNING DIRECTOR
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