HomeMy WebLinkAbout1989-02-15; Planning Commission; Resolution 2826*. e 0
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PLANNING COMMISSION RESOLUTION NO. 2826
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSE CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A DELI PROPERTY GENERALLY LOCATED AT 5950 LA PLACE COURT. APPLICANT: MISSION WEST DELI CASE NO: CUP 88-19
WHEREAS, a verified application has been filed with the City 01
and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as pv
Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, thc
Commission did, on the 15th day of February, 1989, hold a duly notic
hearing to consider said application on property described as:
Lot 13 of Carl sbad Tract 81-10 Unit No. 1 , according to map
10330 all in the City of Carlsbad, County of San Diego, State Cal i forni a
WHEREAS, at said public hearing,; upon hearing and considl
testimony and arguments, if any, of all persons desiring to be he
Commission considered all factors relating to CUP 88-19. NOW, THEF
IT HEREBY RESOLVED by the Planning Commission of the City of Ca
fol 1 ows :
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hea
Commission APPROVES CUP 88-19, based on the following fin subject to the following conditions:
Findinqs:
1. That the requested use is necessary or desirable for the deve' the community, is essentially in harmony with the various elc objectives of the general plan, and is not detrimental to exi: or to uses specifically permitted in the zone in which the prc is to be 1 ocated because the proposed deli will provide a needl to the Carl sbad Research Center and as conditioned wil detrimental to the existing and future uses in the area.
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2. That the site for the intended use is adequate in size an(
accommodate the use because the deli will be located in an exi I building within Carlsbad Research Center.
3. That a1 1 features necessary to adjust the requested use to c permitted future uses in the neighborhood will be provided and because five parking spaces will be provided.
4. That the street system serving the proposed use is adequate 1 hand1 e a1 1 traffic generated by the proposed use, because tt use will generate relatively little traffic.
5. The project is consistent with all City publ ic Facil ity PC
ordinances since:
a. The P1 anning Commission has, by inclusion of an i
issued for the project unless the City Engineer deter sewer service is available, and building cannot occur project unless sewer service remains available, and tt Commission is satisfied that the requirements of .
Facil i ties Element of the General P1 an have been met inso apply to sewer service for this project.
condition to this project, ensured building permits w
b. A1 1 necessary publ ic improvements have been provided required as conditions of approval .
c. The appl icant has agreed and is required by the incl u appropriate condition to pay a public facilities fee. I
of that contract and payment of the fee will enable th find that public facilities will be available concurreni as required by the General P1 an.
6. The appl icant is by condition, required to pay any increase facility fee, or new construction tax, or development fee agreed to abide by any additional requirements established
Facilities Management Plan prepared pursuant to Chapter 21 Carlsbad Municipal Code. This will ensure continued avail public facilities and will mitigate any cumulative impacts cre project.
7. This project is consistent with the City’s Growth Managemeni as it has been conditioned to comply with any requirement i part of the Local Facilities Management Plan for Zone 5.
Conditions:
1. Approval is granted for CUP 88-19, as shown on Exhibit (s) dated February 15, 1989, incorporated by reference and on I P1 anning Department. Development shall occur substanti a1 1 unless otherwise noted in these conditions.
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2. This project is approved upon the express condition that buildi will not be issued for development of the subject property City Engineer determines that sewer facilities are available i of application for such sewer permits and will continue to be until time of occupancy.
3. This project is a1 so approved under the express condition applicant pay the public facilities fee adopted by the City July 28, 1987 and as amended from time to time, and any develc establ ished by the City Council pursuant to Chapter 21.90 of tt Municipal Code or other ordinance adopted to implement management system or facilities and improvement plan and to f
1988, and the agreement to pay the Growth Management Fee dat 12, 1988, copies of which are on file with the City Cle) incorporated by this reference. If the fees are not appl ication will not be consistent with the General P1 an and a1 this project shall be void.
subdivider's agreement to pay the public facilities fee dated (
4. Water shall be provided to this project pursuant to the Wat agreement between the City of Carl sbad and the Costa Real Wate> dated May 25, 1983.
5. This project shall comply with all conditions and mitigation 1 the Zone 5 Local Facilities Management Plan approved by the C on August 4, 1987, incorporated herein and on file in th Department and any future amendments to the Plan made pr
issuance of building permits.
6, If any condition for construction of any public impro' facilities, or the payment of any fees in lieu thereof, impo: approval or imposed by law on this project are challenged th shall be suspended as provided in Government Code Section 6! any such condition is determined to be invalid this approvz inval id unless the City Council determines that the project \ condition complies with all requirements of law.
7. Approval of this request shall not excuse compliance with a' of the Zoning Ordinance and all other applicable City orc effect at time of building permit issuance.
8. This approval shall become nul 1 and void if building permi issued for this project within one year from the date approval .
9. This conditional use permit is granted for a period of 5 yc conditional use permit shall be reviewed by the Planning Di
and that the use does not have a significant detrimental surrounding properties or the pub1 ic health and we1 fare. If t Director determines that the use has such significant adver the P1 anning Director shall recommend that the P1 anning Commis
yearly basis to determine if all conditions of this permit ha
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providing the permittee the opportunity to be heard, add conditions to mitigate the significant adverse impacts. This
be revoked at any time after a public hearing, if it is founl use has a significant detrimental affect on surrounding land us public's health and welfare, or the conditions imposed herei been met. This permit may be extended for a reasonable peri not to exceed 5 years upon written application of the permitt less than 90 days prior to the expiration date. In grar extension, the Planning Commission shall find that no substanti affect on surrounding land uses or the public's health and we
result because of the continuation of the permitted USI substantial adverse affect on surrounding land uses or thl health and welfare is found, the extension shall be considc original application for a conditional use permit. There is r the number of extensions the Planning Commission may grant.
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10. Any signs proposed for this development shall at a minimum b
in conformance with the requirements of SP 180 shall require approval of the Planning Director through the sign permit prc
11. No cooking shall take place onsite; only food preparation. P oven may be used for heating purposes.
12. Disposable tableware only shall be used.
13. Five parking spaces shall be designated for deli use only a Exhibit "A" dated February 15, 1989. Each space shall be clei with permanent pavement graphics.
14. A grease trap must be provided per the requirements ( 13.04.050(6). of the Carlsbad Municipal Code.
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Fire Conditions l8
15. No tables or seating shall be provided in the deli.
I' ' 16. Prior to the issuance of building permits, complete building 1
20 be submitted to and approved by the Fire Department.
21 17. All fire alarm systems, fire hydrants, extinguishing systems.
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sprinklers, and other systems pertinent to the project shall bl
18. . Use of attic for storage purposes not permitted. 23
to the Fire Department for approval prior to construction.
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to restaurant use (e.g., cooking onsite), will require an ar 19. Any modification or expansion of the deli use, in addition to 24
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this Conditional Use Permit.
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I/ PASSED, APPROVED, AND ADOPTED at a regular meeting of the
I I/ Commission of the City of Carlsbad, California, held on the 15.
2 // February, 1989, by the following vote, to wit:
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AYES : Chairman Hall, Commissioners: Schramm, Schlehuber, Holmes, Erwin and Marcus.
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ABSTAIN: None. 7
ABSENT: Commissioner McFadden. 6
NOES : None.
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9 CARLSBAD PLANNING COMMISSION
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ATTEST :
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13 MICHAEL J. HOL%ILLESL' PLANNING DIRECTOR
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