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HomeMy WebLinkAbout1989-01-18; Planning Commission; Resolution 2810* 'I I m a 1 2 3 4 PLANNING COMMISSION RESOLUTION NO. 2810 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A CAFE AND DELI USE ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF FARADAY, WEST OF EL CAMINO REAL AT 2205 FARADAY AVENUE, SUITE "C". APPLICANT: THE KOLL COMPANY CASE NO: CUP 88-18 5 6 WHEREAS, a verified application has been filed with the City of Carlsbad and referred to the Planning Commission; and 7 11 WHEREAS, said verified application constitutes a request as provided by a Title 21 of the Carlsbad Municipal Code; and 9 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning 10 11 Commission did, on the 18th day of January, 1989, hold a duly noticed public hearing to consider said application on property described as: 12 13 Lot 41 and a portion of 1 ot 42 of Map No. 11134, and a1 so a portion of lot 8 of Map No. 10330 a1 1 in the City of Carl sbad, County of San Diego, State of California. 14 11 WHEREAS, at said public hearing, upon hearing and considering all 15 16 17 18 I' ~ A) That the foregoing recitations are true and correct. 20 testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to CUP 88-18. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as f 01 1 ows : B) That based on the evidence presented at the public hearing, the 21 Commission APPROVES CUP 88-18, based on the following findings and subject to the following conditions: 22 Findinqs: 23 1. The requested use is desirable for the development of the community and 24 25 restaurant is allowed by Specific Plan 180 with the approval of a is not detrimental to existing or permitted uses in the area. A industrial office area and is consistent with the General Plan. Conditional Use Permit. The proposed deli will serve the adjacent 26 27 28 //// ,- 0 e 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 2. The site is adequate in size and shape to accommodate the proposed use. The deli will be located in an existing shell building within the Carl sbad Research Center. 3. All features necessary to adjust the requested use to existing or future uses in the area will be provided. Since the proposed deli will be located in an existing shell building all necessary setbacks, walls and 1 andscapi ng have been provided. El even parking spaces wi 11 be provided, parking the deli at a restaurant ratio since sit down eating is proposed. 4. The street system serving the area is adequate to properly handle the traffic generated by the proposed project. Faraday Avenue is a fully improved pub1 ic street and an internal parking 1 ot circulation serves 2205 Faraday and the adjacent shell buildings. 5 . The Planning Commission has, by inclusion of an appropriate condition to this project, ensured building permits will 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 Pub1 ic Facil i ties Element of the General P1 an have been met insofar as they apply to sewer service for this project. 6. The appl icant 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 P1 an. 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. Conditions: 1. Approval is granted for CUP 88-18, as shown on Exhibit (s) "A" and "B" dated January 18, 1989, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. The developer shall provide the City with a reproducible 24" x 36", 100 scale mylar copy of the site plan as approved by the Planning Commission. The site plan shall reflect the conditions of approval by the City. The site plan copy shall be submitted to the City Engineer prior to issuance of building permits or improvement plan submittal, whichever occurs first. 3. Water shall be provided to this project pursuant to the Water Service agreement between the City of Carl sbad and the Costa Real Water District, dated May 25, 1983. PC RES0 NO. 2810 -2- *. 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 0 e 4. 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. This project shall comply with all conditions and mitigation measures which may be required as part of the Zone 5 Local Faci 1 i ties Management P1 an and any amendments made to that P1 an prior to the issuance of bui 1 ding permi ts . 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 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 pub1 ic'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. 7. 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. All signage must also conform to the requirements of SP 180 and are subject to the approval of the Planning Director. 8. No cooking will take place onsite; only food preparation. A microwave oven will be used for heating purposes. /I// PC RES0 NO. 2810 -3- - j* , 0 e 11 9. Disposable tableware only will be used. 1 2 3 4 5 6 7 8 10. 11. 12. Eleven parking spaces will be designated for the deli use only as shown on Exhibit "A", dated January 18, 1989. Each space will be clearly marked for the deli use with permanent pavement graphics. The del i use will occupy 1,093 square feet of Suite "C" at 2205 Faraday Avenue. The remainder of the suite will be used exclusively for warehouse use and must maintain separation from the deli use by the existing wall. The door in this wall must remain bolted closed. No deli operations or storage will take place in the designated warehouse portion of Suite "C". No toxic materials may be stored in the warehouse portion of the suite. A grease trap must be provided per the requirements of the Utilities and Maintenance Department, g 13. Hot water shall be avail able on the premises for use by the del i . 10 12 14. Prior to the issuance of building permits, complete building plans shall 11 Fire Conditions: 15. All fire alarm systems, fire hydrants, extinguishing systems, automatic 13 sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for approval prior to construction. 14 be submitted to and approved by the fire Department. 16. Use of attic for storage purposes not permitted. l5 1) 17. Maximum occupancy 1 oad for tab1 e and chair seating is 20. 16 17 18 19 20 21 22 23 24 25 26 27 18. Any modification or expansion of the deli use, in addition to converting to restaurant uses (e.g., cooking onsite), will require an amendment to this Conditional Use Permit. ///I //// ///I //// //// //// //// //// PC RES0 NO. 2810 -4- 28 * - 8. * 0 e I1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning '11 Commission of the City of Carlsbad, California, held on the 18th day of 2 (I January, 1989, by the following vote, to wit: 3 4 AYES: Chairman Hall, Commissioners: Schramm, Schlehuber Holmes, McFadden and Erwin. 5 NOES : None. 6 ABSENT: Commissioner Marcus. 7 ABSTAIN: None. 8 9 10 CARLSBAD PLANNING COMMISSION XI. /I ATTEST: 12 13 14 il PLANNING DIRECTOR 15 16 17 18 19 20 21 22 23 24 25 26 27 PC RES0 NO. 2810 , -5- 28