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HomeMy WebLinkAbout1991-04-03; Planning Commission; Resolution 3210-3 0 0 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 PLANNING COMMISSION RESOLUTION NO. 3210 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR FOOD CONCESSIONS ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF PALOMAR AIRPORT ROAD EAST OF PASEO DEL NORTE. CASE NAME: PRICE CLUB CASE NO: CUP 90-3 WHEREAS, a verified application has been filed with the City of Carlsb, and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Planni Commission did, on the 3rd day of April, 1991, hold a duly noticed public hearing consider said application on property described as: Parcel "A" of Parcel Map No. 2949, together with a Portion of Lot "H" of the Rancho Agua Hedionda, Map No. 823, in the City of Carlsbad, County of San Diego, State of California WHEREAS, at said public hearing, upon hearing and considering i testimony and arguments, if any, of all persons desiring to be heard, said Comrnissic considered all factors relating to CUP 90-3. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissi( 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, the Commissic RECOMMENDS APPROVAL of CUP 98-3, based on the following findings a] subject to the following conditions: ' .: I! 0 0 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Findings: 1. That the requested use is necessary or desirable for the development of thl community, is essentially in harmony with the various elements and objectives a the general plan, and is not detrimental to existing uses or to uses specificall: permitted in the zone in which the proposed use is to be located because i compliments the Price Club retail function, provides a convenient service t shoppers and is located adjacent to the store entrance. 2, That the site for the intended use is adequate in size and shape to accommodat the use as the food concessions are not located in any required setbacks and a required parkg has been provided. 3. That all of the yards, setbacks, walls, fences, landscaping, and other feature necessary to adjust the requested use to existing or permitted future uses in th neighborhood will be provided and maintained as the food concessions will E located under the entry canopy to the store and a 30 to 50 foot wide concrel pedestrian area has been provided in this area to accommodate pedestrians. 4. That the street system serving the proposed use is adequate to properly handle a traffic generated by the proposed use as the proposed food concessions are nc expected to generate vehicle trips by themselves. They are an accessory use to tE Price Club Store and will benefit from vehicle trips made for the purpose ( patronizing the store. 5. All findhgs of the Conditiord Negative Declaration, Resohion No. 3205, ar SDP 90-5, Resolution No. 3209, are incorporated herein by reference. Conditions: 1. All conditions of the Conditional Negative Dedaration, Resolution No. 3205, ax SDP 90-5, Resolution No. 3209, are incorporated herein by reference. Refer . these documents for all conditions and mitigation measures applicable to tl development of the Price Club project site. 2. Approval is granted for CUP 90-3, as shown on Exhibit(s) "A" - "N", dated April 1991, incorporated by reference and on file in the Planning Departmer Development shall occur substantially as shown unless otherwise noted in the conditions. 3. Approval of CUP 90-3 is granted subject to the approval of GPA 90-1, LCPA 90- ZC 90-1, SDP 90-5, HDP 90-9 and MS 837. ... PC RES0 NO. 3210 -2- . .- , '. 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ~ : 4. The food concessions permitted on the site by CUP 90-3 as shown on exhibits "A" "N", dated 4~33,1991 shall have their hours of operations limited to the sam hours which the Price Club Store is open. 5. The maximum number of tables permitted outside the Price Club Store is 6 tablc to be used by customers for sit down outdoor eating. Additional tables for foc preparation such as condiments may be permitted and will not be included as pa of the maxjmum of 6 tables allowed. 6. A total of 9 parking spaces are required for the food concessions use. 7. Prior to the issuance of the first building permit there shall be a notice f restriction on real property placed on the deed to property subject to tt satisfaction of the Planning Director notifying all interested parties and success0 in interest that the City of Carlsbad has issued a Conditional Use Permit 1 Resolution No. 3210 on the real property owned by the declarant. Said def restriction shall note the property description, location of the file containiI complete project details and all conditions of approval as well as any conditio^ or restrictions specified for inclusion in the deed restriction. This approval sk not be effective and permits shall not be issued until this notice is recorded in tt Office of the County Recorder. PASSED, APPROVED, AND ADOPTED at a regular meeting of the PIannir Commission of the City of Carlsbad, California, held on the 3rd day of April, 1991, by t€ following vote, to wit: AYES: Commissioners: Schlehuber, Schramm, McFadden, Marcus & Hall NOES: Chairperson Holmes, Commissioner Erwin. 19 11 ABSENT: None. ./"--+% 20 21 22 ATTEST: ??$ .? ; / J%R pi 4 I B fa 4. ' ,P ilr i;i d &SBAD PLANNIN~ COMMISSION 23 24 25 26 27 PLANNING DIRECTOR PC RES0 NO. 3210 -3- 28