HomeMy WebLinkAbout1991-01-02; Planning Commission; Resolution 3179>
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PLANNING COMMISSION RESOLUTION NO. 3179
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION TO A
CONDITIONAL USE PERMIT TO CONTINUE TO ALLOW DANCING
AND THE SALE OF ALCOHOLIC BEVERAGES ON PROPERTY
GENERALLY LOCATED ON THE NORTHEAST CORNER OF ALGA
ROAD AND EL CAMINO REAL.
CASE NAME: CRAZY BURRO SEAFOOD CANTINA
CASE NO: CUP 205(A)x1
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7 WHEREAS, a verified application has been filed with the City of Carlsbad and
8 referred to the Planning Commission; and
9 WHEREAS, said verified application constitutes a request as provided by Title 21
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of the Carlsbad Municipal Code; and
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WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
13 /I Commission did, on the 2nd day of January, 1991, hold a duly noticed public hearing to
14 // consider said application on property described as:
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Parcel 1 of Map No, 10091, Carlsbad Tract 77-8(A) in the City of
Carlsbad, County of San Diego, State of California
WEREAS, at said public hearing, upon hearing and considering all testimony
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factors relating to CUP ZOS(A)xl. 19
and arguments, if any, of all persons desiring to be heard, said Commission considered all
20 I NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of
21 // the City of Carlsbad as follows:
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25 subject to the following conditions:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the
Commission APPROVES CUP 205(A)x1, based on the following findings and
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Findings:
1. That the requested use is necessary or desirable for the development of the community
as it provides a desired service, is essentially in harmony with the various elements and
objectives of the general plan, as there are no effects on parking or loading, and is not
detrimental to existing uses or to uses specifically permitted in the zone in which the
proposed use is to be located as no impacts to the existing shopping center circulation
or parking will result.
2. That the site for the intended use is adequate in size and shape to accommodate the
use as no alterations in either the parking lot configuration or the building are needed.
3. That 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 because all activities are indoors and no adjustments
~ to the parking lot are necessary. I 10 4. That the street system serving the proposed use is adequate to properly handle
(Alga Road and El Camino Real) are large enough to handle all traffic due to 11
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all traffic generated by the proposed use as the arterials sewing the project
the uses.
l3 11 Conditions:
14 1. Approval is granted for CUP 205(A)x1, as shown on Exhibit "A", dated July 9,1981,
15 incorporated herein by reference and on file in the Plannjng Department. Development
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1'7 2. CUP 205(A)x1 is granted subject to all conditions of CW 205(A), Planning
Commission Resolution No. 1853, dated August 26, 1981, incorporated herein by
18 reference and on file in the Planning Department except Condition No. 2 is replaced
with Condition No. 3 below. 19
shall remain as shown.
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27 PC RES0 NO. 3179 -2-
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This conditional use permit is granted for a period of seven years and two and one-half
months from the date of expiration, or horn October 14, 1988 to January 2, 1996.
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 5 years upon written application of the perrninee 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.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
14 I/ Commission of the City of Carlsbad, California, held on the 2nd day of January, 1991, by
15 I/ the following vote, to wit:
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AYES: Chairperson Holmes, Commissioners: Schlehuber, Schramm,
McFadden, Erwin, Marcus and Hall.
I NOES: None.
19 I ABSENT: None.
ABSTAIN: None. 2o I 21
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CAEUSBAD PLANNING COMMISSION
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26 /I PLANNING DIRECTOR
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