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HomeMy WebLinkAbout1987-12-16; Planning Commission; Resolution 27043 II 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 PLANNING COMMISSION RESOLUTION NO. 2704 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A 2090 SQUARE FOOT DELI WITHIN CARLSBAD GATEWAY CENTER (SDP 84-5) LOCATED AT 5670 EL CAMINO REAL. APPLICANT: GATEWAY DELI CASE NO: CUP 87-8 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 16th day of December, 1987, hold a duly noticed public hearing to consider said application on property des'cribed as: A portion of Parcels 1 and 2 in the City of Carlsbad, County of San Diego as shown on Page 10060 of Parcel Map filed in the Office of the County Records May 23, 1980. 15 11 WHEREAS, at said public hearing, upon hearing and 16 17 considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 18 19 20 21 22 23 24 25 relating to CUP 87-8. 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. (5) That based on the evidence presented at the public hearing, .the Commission APPROVES CUP 87-8, based on the following findings and subject to the following conditions: Findings: 1) All the standards established by SDP 84-5 will be met with the proposed Deli. 26 27 2) The Deli as proposed and conditioned will not unduly expose the public to potential hazards of the industrial area. ... 28 1 2 3 4 5 6 7 8 9 10; 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 I I 0 0 3) By providing an appropriate support service, the proposed Deli is a desirable addition to the Palomar Airport Industrial area. The Deli is essentially in harmony with the various elements and objectives of the General Plan, and as conditioned is not detrimental to existing uses or potential uses specifically permittted in the M-Q zone as implemented through SDP 84-5. 4) As conditioned the site for the Deli within SDP 84-5 is adequate in size and shape to accommodate the use. 5) All of the yards, setbacks, walls, fences, landscaping, and other features as required in SDP 84-5 which are necessary to adjust commercial uses to existing or permitted future industrial uses in the area will be provided and maintained. The Deli has been conditioned to assure land use compatibility and public safety with respect to the surrounding industrial land uses. 6) The street system serving the Deli is adequate to properly handle all traffic generated by the Deli. 7) As conditioned, the proposed Deli will conform to the requirements of the adopted Local Facilities Management Plan for Zone 5. 8) The environmental impacts of the proposed Deli have been addressed in the Negative Declaration dated September 18, 1987 for SDP 84-5. ~ 9) The project is consistent with all City public facility pol- icies and ordinances since: a) All necessary public improvements have been provided or will be required as conditions of approval. ~ b) 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. I ~10) 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. Conditions: 1) Approval is granted for CUP 87-8, as shown on Exhibits "A" - 'IC", dated November 5, 1987, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. PC RES0 NO. 2704 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 0 0 2) 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. 3) This project is also approved under the express condition that the applicant pay the public facilities fee adopted by the City Council on July 28, 1987 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 June 16, 1987, and the agreement to pay the Growth Management Fee dated June 16, 1987, copies of which are on file with the City Clerk and are incorporated by this reference. If the fees are not paid this application will not be consistent with the General Plan and approval for this project shall be void. 4) 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. 5) This approval shall become null and void if a business license is not issued for this project within one year from the date of project approval. 6) Water shall be provided to this project pursuant to the Water Service agreement between the City of Carlsbad and the Costa Real Water District, dated May 25, 1983. Planning 7) 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, if parking facilities are adequate and that the use does not have a significant detrimental 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's health and welfare, or the conditions imposed herein have not been met. This permit may be PC RES0 NO. 2704 -3- I /I 0 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 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. 8) If any condition for construction of any public improvements or facilities, or the payment of any fees in lieu thereof, imposed by this approval or imposed by law on this project are challenged this approval shall be suspended as provided in Government Code Section 65913.5. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 9) No outdoor storage of material shall occur onsite unless required by the Fire Chief. In such instance a storage plan will be submitted for approval by both the Fire Chief and the Planning Director. 10) Four parking spaces in front of the proposed Deli shall be reserved for the exclusive use by Deli customers. Exclusive employee parking spaces shall be provided in the rear of the proposed Deli. Both these types of spaces shall be clearly marked with pavement graphics within each space. No free standing signs shall be allowed to fulfill this conditional. 11) The proposed Deli shall comply with all requirements of SDP 84-5. 12) All signs shall conform to the City's Sign Ordinance. No portable or temporary signs will be permitted. 13) The proposed Deli shall place and maintain in a clean and attractive condition one trash container directly outside of the design of Building "B". , the proposed Deli. The container shall be compatible with 14) 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. Fire Department 15) Maximum seating shall be limited to 40 persons. PC RES0 NO. 2704 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 16) The maximum hours of operation of the proposed Deli shall be 6:OO a.m. to 6:OO p.m. Monday through Friday and Saturday 7:OO AM to 4:OO PM. 17) Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire Department. 18) All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for approval prior to construction. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 16th day of December, 1987, by the following vote, to wit: AYES: Chairperson Marcus, Commissioners: McFadden, Hall, McBane, Schlehuber & Holmes. NOES: None. ABSENT: Commissioner Schramm. ABSTAIN: None. ?.'//x& //? /I w /* MARY v. MARCUS, Chairperson , I CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL 3. MLZMWLER PLANNING DIRECTOR PC RES0 NO. 2704 -5-