HomeMy WebLinkAbout1988-06-01; Planning Commission; Resolution 27401
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PLANNING COMMISSION RESOLUTION NO. 2740
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO OPERATE A DELICATESSEN IN ADDITION TO A CATERING SERVICE ON PROPERTY GENERALLY LOCATED AT
2075 CORTE DEL NOGAL IN THE PALOMAR AIRPORT BUSINESS CENTER. APPLICANT: JULIAN AARON CASE NO: CUP 88-3
WHEREAS, a verified application has been filed with th
City of Carlsbad and referred to the Planning Commission; and
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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 1st day of June, 1988,
hold a duly noticed public hearing to consider said application
on property described as:
Lot No. 9 of the Palomar Airport Business Park, Carlsbad Tract 80-34 filed in the City of Carlsbad, County of San Diego on April 15, 1981.
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all persons
19 i 1 desiring to be heard, said Commission considered all factors
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relating to CUP 88-3.
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, 24 the Commission APPROVES CUP 88-3, based on the following
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27 development of the community, is essentially in harmony with the various elements and objectives Of the General 28 plan, and is not detrimental to existing USeS Or to uses
findings and subject to the following conditions:
Findinqs:
1. The proposed use is necessary and desirable for the
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specifically permitted in this zone. The delicatessen will provide a much needed service for the surrounding industrial/office uses.
2. The subject property is adequate in size and shape to
accommodate the proposed use. The 1800 square foot suite
is adequate in size to acconnnodate a delicatessen with a
seating area less than 382 square feet.
3. 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. The proposed deli will
only require minor alterations to the interior of the
building. No changes to the existing yards, setbacks,
walls, fences, or landscaping are proposed.
4. The street system serving the subject property is adequate
to properly handle all traffic generated by the proposed
use. The proposed deli will have a high percentage of
pedestrian traffic. The applicant has been conditioned to
provide five parking spaces, which is adequate for a deli
of this size.
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5. The project is categorically exempt from environmental review, per Section 15301 (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.
7. This project is consistent with the City's Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 5.
8. All necessary public improvements have been provided or will be required as conditions of approval.
9. 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.
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10. The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for industrial development on the General
Plan.
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PC RES0 NO. 2740 -2-
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Conditions:
1. Approval is granted for CUP 88-3, as shown on Exhibits VIA11 through "Ct1, dated February 9, 1988, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown ,unless otherwise noted in these conditions.
2. 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. I
3. This project shall comply with all conditions and
mitigation required by the Zone 5 Local Facilities Management Plan approved by the City Council on August 4,
1987, incorporated herein and on file in the Planning
Department and any future amendments to the Plan made
prior to the issuance of building permits.
4. Approval of this shall be null and void if a business
license is not issued for this project within one year
from the date of project approval.
5. 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.
6. 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 and as amended from time to time, 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 May 16, 1988, and the agreement to pay the Growth Management Fee dated May 16,
1988, 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.
7. 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.
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PC RES0 NO. 2740 -3-
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8. 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 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 extended for a reasonable period of time not to exceed five years upon written application of the permittee made no 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.
9. Five standard parking spaces in front of the proposed deli shall be reserved exclusively for deli customers. These spaces shall be clearly marked with pavement graphics within each space. Two spaces shall be marked for 15 minute parking to the satisfaction of the Planning
Director .
10. 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 the Fire Chief and the Planning Director.
11. Any signs proposed for this development shall at a minimum 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.
12. No on-premise cooking of food is allowed except for heating in a microwave and/or steam table.
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13. The proposed deli shall place and maintain in a clean and^ attractive condition one trash container directly outside'
of the proposed deli.
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PC RES0 NO. 2740 -4-
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14. Hours of operation for the proposed deli shall be limited
to 6:OO a.m. to 6:OO p.m. Monday through Friday.
Ensineerina Conditions:
15. 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. I
16. Pretreatment of the sanitary sewer discharge from this project may be required. In addition to the requirements
for a sewer connection permit the developer shall conform to the requirements of Chapter 13.16 of the Carlsbad Municipal Code. The developer shall apply for an industrial waste discharge permit concurrently with the building permit for this project. No Certificates of Occupancy for the project will be issued before the industrial waste discharge permit application requirements
have been met, all applicable fees paid and the permit
issued.
17. Prior to issuance of a building permit for this project, the applicant shall comply with Section 13.10.020(c) regarding payment of sewer permit fees for this use.
Fire Conditions:
18. Applicant must reduce Room 101 (seating area) to less than
600 square feet to ensure that occupant load does not exceed that permitted for B-2 occupancy.
19. Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire Department.
20. Prior to issuance of building permits, applicant must
provide seating plan.
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PC RESO NO. 2740 -5-
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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 1st day of June, 1988, by the following vote, to wit:
AYES : Chairperson McFadden, Commissioners: Hall,
Marcus, Schramm and Schlehuber.
NOES : None.
ABSENT: Commissioner Holmes.
ABSTAIN: None. I
CARLSBAD PLANNING COMMISSION
ATTEST :
PLANNING DIRECTOR
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PC RES0 NO. 2740 -6-