HomeMy WebLinkAbout1989-04-19; Planning Commission; Resolution 2844<< I/ e 0
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PLANNING COMMISSION RESOLUTION NO. 2844
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL US€ PERMIT TO OPERATE A DELICATESSEN ON PROPERTY GENERALLY LOCATED AT 2794 LOKER AVENUE. APPLICANT: EL FUERTE DELI CASE NO: CUP 88-17
WHEREAS, a verified application has been filed with th
Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request a
by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal
Planning Commission did, on the 19th day of April, 1989, hold a du
public hearing to consider said application on property described a
Lot 14 of Tract 74-21 in the City of Carlsbad, County of
San Diego, Map 10371.
WHEREAS, at said public hearing, upon hearing and consi
testimony and arguments, if any, of all persons desiring to be hi
Commission considered all factors relating to CUP 88-17.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning CON
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, the
APPROVES CUP 88-17, based on the following findings and subj fol 1 owi ng conditions:
Findinqs:
1. The requested use is desirable for the development of the con is not detrimental to existing or permitted uses in the restaurant is a1 1 owed by Specific P1 an 200 with the appr Conditional Use Permit . The proposed del i wi 11 serve thl industrial office area and is consistent with the General Plar
2, The site is adequate in size and shape to accommodate the prc The deli will be located in an existing shell building within tl Oaks Business Center.
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3. All necessary public improvements have been provided or will t as conditions of approval .
4. All features necessary to adjust the requested use to existin! uses in the area will be provided. Since the proposed de', located in an existing shell building all necessary setbacks, 1 andscaping have been provided. Nine parking spaces will be parking the deli at a ratio consistent with Planning Administrative Policy No. 18.
5. The street system serving the area is adequate to properly traffic generated by the proposed project. Loker Avenue and Street are fully improved public streets and an internal p circulation serves 2794 Loker and the adjacent she1 1 building.
6. The Planning Commission has, by inclusion of an appropriate co
this project, ensured building permits will not be issued for t unless the City Engineer determines that sewer service is avai building cannot occur within the project unless sewer servil available, and the Planning Commission is satisfied that the re
of the Pub1 ic Facil ities Element of the General P1 an have been n as they apply to sewer service for this project.
7. The appl icant has agreed and is required by the incl usi appropriate condition to pay a public facilities fee. Performar contract and payment of the fee will enable this body to find t facilities will be available concurrent with need as requir General P1 an.
8. This project is consistent with the City's Growth Management Or it has been conditioned to comply with any requirement approv, of the Local Facilities Management Plan for Zone 5.
Conditions:
1. Approval is granted for CUP 88-17, as shown on Exhibit "A" and April 19, 1989, incorporated by reference and on file in thc Department. Development shall occur substanti a1 ly as sho otherwise noted in these conditions.
2. This project is approved upon the express condition that buildi will not be issued for development of the subject property unles Engineer determines that sewer facilities are available at th application for such sewer permits and will continue to be avail; time of occupancy. This note shall be placed on the final map.
3. This project is a1 so approved under the express condition applicant pay the public facilities fee adopted by the City C July 28, 1987 and as amended from time to time, and any develol established by the City Council pursuant to Chapter 21.90 of thc Municipal Code or other ordinance adopted to implement a growth r system or faci 1 i ties and improvement plan and to fulfil 1 the sub
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agreement to pay the public facilities fee dated September 21: copy of which is on file with the City Clerk and is incorporati reference. If the fees are not paid this application wi' consistent with the General Plan and approval for this projec void.
4. Water shall be provided to this project pursuant to the Watt agreement between the City of Carlsbad and the Costa Real Water dated May 25, 1983.
5. This project shall comply with all conditions and mitigatiol which may be required as part of the Zone 5 Local Faci 1 i ties
building permits. Plan and any amendments made to that Plan prior to the i:
6. If any condition for construction of any public improv facilities, or the payment of any fees in lieu thereof, impos approval or imposed by 1 aw on this project are challenged thi shall be suspended as provided in Government Code Section 65913 such condition is determined to be invalid this approval shall unless the City Council determines that the project without the compl ies with a1 1 requirements of 1 aw.
7. This conditional use permit is granted for a period of five ye conditional use permit shall be reviewed by the Planning Dir yearly basis to determine if all conditions of this permit hau and that the use does not have a significant detrimental surrounding properties or the public health and welfare. If tt Director determines that the use has such significant adverse in
providing the permittee the opportunity to be heard, add conditions to mitigate the significant adverse impacts. This be revoked at any time after a publ ic hearing, if it is found tl has a significant detrimental affect on surrounding land us( publ ic's health and welfare, or the conditions imposed herei been met. This permit may be extended for a reasonable period ( to exceed five years upon written appl ication of the permi tt less than 90 days prior to the expiration date. In gral extension, the Planning Commission shall find that no substant' affect on surrounding land uses or the publ ic's health and WE result because of the continuation of the permitted use. If a 2 adverse affect on surrounding land uses or the public's health i is found, the extension shall be considered as an original appl. a conditional use permit. There is no limit to the number of the Planning Commission may grant.
P1 anning Director shall recommend that the P1 anning Commi ss
8. The proposed delicatessen may operate only during the hours bt a.m. and 6:OO p.m., Monday through Friday.
9. No ovens or grills shall be utilized on the premises. A micro1 used to heat food.
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10. Any signs proposed for this development shall comply with the Ci Ordinance and shall require review and approval by the P1 anning I Prior to the installation of any sign. Window signs advertisin! sold within the deli are prohibited.
11. A grease trap must be provided per the requirements of the Uti1
Maintenance Departments,
12 a Hot water shall be avail able on the premises for use by the de-
13. Only disposable tab1 eware shall be used.
14. The deli use shall be confined to the 1,350 square foot arei Exhibit "A" dated April 19, 1989.
15. The del i shall adhere to a del ivery schedule requiring del iver deli to be made between the off-peak hours of 9:OO-1O:OO a.m. 3:OO p.m.
16. Nine parking spaces shall be designated for deli use only a: Exhibit "A" dated April 19, 1989, Each space shall be clearly n permanent pavement graphics.
Fire Conditions:
17. Prior to the issuance of building permits, complete building p be submitted to and approved by the Fire Department.
18. All fire alarm systems, fire hydrants, extinguishing systems, sprinklers, and other systems pertinent to the project shall bc to the Fire Department for approval prior to construction.
19. Use of attic for storage purposes not permitted.
20. Any modification or expansion of the deli use, in addition to to restaurant uses (e-g., cooking onsite), will require an ar this Conditional Use Permit.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of thc
Commission of the City of Carlsbad, California, held on the 19th day
1989, by the following vote, to wit:
AYES: Chairperson Hall, Commissioners: Schramm, Schll
Holmes, Erwin, McFadden & Marcus.
NOES: None.
ABSENT: None.
ABSTAIN: None.
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MATTHEW HALL , C h a i rman CARLSBAD PLANNING COMMISSII
ATTEST :
MICHAEL J. HOnMILLEk'
, PLANNING DIRECTOR
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