HomeMy WebLinkAbout1987-12-16; Planning Commission; Resolution 27043
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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
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considering all testimony and arguments, if any, of all persons
desiring to be heard, said Commission considered all factors
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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.
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2) The Deli as proposed and conditioned will not unduly expose
the public to potential hazards of the industrial area.
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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-
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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-
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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-
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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.
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MARY v. MARCUS, Chairperson , I
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL 3. MLZMWLER
PLANNING DIRECTOR
PC RES0 NO. 2704 -5-