HomeMy WebLinkAbout1991-05-15; Planning Commission; Resolution 32200 0
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PLANNING COMMISSION RESOLUTION NO. 3220
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN
AMENDMENT TO SPECIFIC PLAN NO. SP 19(C) ON PROPERTY
GENERALLY LOCATED IN THE CAR COUNTRY EXPANSION SOUTH OF
CANNON ROAD, EAST OF PASEO DEL NORTE.
CASE NAME: CAR COUNTRY PLAZA DELI
CASE NO: SP 19(E)
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8 referred to the Planning Commission; and
WHEREAS, a verified application has been filed with the City of Carlsbad and
9 WHEREAS, said verified application constitutes a request as provided by Title 21 of
lo the Carlsbad Municipal Code; and
I.1 /I WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
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Commission did, on the 15th day of May, 1991, consider said request on property
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described as:
Lots 2 and 3 of CT 87-3.
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arguments, if any, of all persons desiring to be heard, said Commission considered all 17
WHEREAS, at said public hearing, upon hearing and considering all testimony and
factors relating to SP 19(E).
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20 ti NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the
21 // City of Carlsbad as follows:
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Recommends APPROVAL of SP 19(E) according to Exhibit 'X", attached hereto,
B) That based on the evidence presented at the public hearing, the Commission 23
A) That the foregoing recitations are true and correct.
24 based on the following findings and subject to the following conditions:
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FiTlditlES:
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The proposed amendment allowing a 1,080 sq. ft. delicatessen is consistent with anc
meets all requirements of the General Plan, Zoning Ordinance, the Local Fadtia
Management Plan for Zone 3 and Local Coastal Plan Mello II Segment. The site i!
designated as Extensive Regional Retail (RRE) on the General Plan Land Use Map
and is zoned General Commercial (C-2). Delicatessens are permitted as a matter oi
right in the C-2 Zone. Since the Zoning Ordinance implements the General Plan
which is consistent with the Local Coastal Program, and since delicatessens are
permitted by the Zoning Ordjnance they are compatible with both the General Plan
and Local Coastal Program. Parking has been provided at an acceptable ratio fox
this use in the Car Country Plaza. The use has been conditioned to comply with any
requirements approved as part of the Local Facilities Management Plan for Zone 3.
The findings of Ordinance 9842 and Planning Commission Resolution No. 2692 are - 9 incorporaGd herein by reference.
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3. The Planning Commission has, by inclusion of an appropriate condition to this
amendment, ensured building permits will not be issued for the project unless the
City Engineer determines that sewer service is available, and building cannot occur
4. All necessary public improvements have been provided or will be required as I*
General Plan have been met insofar as they apply to sewer service for this project. 13 Commission is satisfied that the requirements of the Public Facilities Element of the
15 conditions of approval.
16 5. The applicant has agreed and is required by the inclusion of an appropriate
17 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 Plan,
12 within the project unless sewer service remains available, and the Planning
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6. The proposed use is compatible with the surrounding future land uses since it is
within an area designated for commercial development on the General Plan.
7. This use will not cause any additional significant environmental impacts and the
Planning Director has determined that the environmental effects of the use have
already been considered in conjunction with previously certitied environmental
documents including (SP 19(C): Negative Declaration, dated September 11,1987,
Planning Commission Resolution No. 2692; and SDP 88-3 Negative Declaration
dated August 5,1988, Planning Commission Resolution 2775.
1 PC RES0 NO. 3220 -2-
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8. The site is physically suitable for the proposed delicatessen use since it is adequat
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Conditions: 2
in size and shape and sufficient parking is available.
1. This amendment is approved upon the express condition that building permits wi:
determines that sewer facilities are available at the time of application for suc 4
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not be issued for development of the subject property unless the City Enginee
sewer permits and will continue to be available until time of occupancy.
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This amendment is also approved under the express condition that the applicant pal
the public facilities fee adopted by the City Council on July 28, 1987 and a:
amended from time to time, and any development fees established by the CiQ
Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or othe:
ordinance adopted to implement a growth management system or facilities an(
improvement plan and to fulfill the subdivider's agreement to pay the public
facilities fee dated January 10, 1991, a copy of which is on file with the City Clerl
and is incorporated by this reference. If the fees are not paid this application will
not be consistent with the General Plan and approval for this project will be void,
12 3. This use shall comply with all conditions and mitigation measures which may bt
amendments made to that Plan prior to the issuance of building permits. 13 required as part of the Zone 3 Local Facilities Management Plan and an^
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4. All the conditions of Pl- Commission Resolution No. 2692 are incorporated
her& by reference.
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.
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6. Approval of this amendment shall not excuse compliance with all sections of the
building permit issuance.
Zoning Ordinance and all other applicable City ordinances in effect at time of
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Exhibit "B" dated May 3, 1991. No outdoor seating is permitted. 23
7. Indoor seating shall be confined to the 690 square feet seating area shown on
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PC RES0 NO. 3220 -3-
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8. Any signs proposed for this delicatessen shall comply with the City's sign ordinance
require review and approval by the Planning Department prior to installatior 1
Window signs advertising products sold within the delicatessen are prohibited. 2
the sign program required by Planning Commission Resolution 2776 and shal
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3 9. Section III A of Speufic Plan 19[C) is hereby amended by inclusion of subsectia
"e" as follows:
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"e. a 1,080 square foot delicatessen located as shown in
Exhibits "A" - "C' of Planning Commission Resolution
3221 .tt
10. The maximum number of seats in this facility shall be 12.
Water:
11. This amendment is approved upon the express condition that building permits wil
not be issued for development of the subject property unless the water distric
serving the development determines that adequate water and service is available a
the time of application for water service and will continue to be available until timc
I of occupancy.
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- Fire:
12. Prior to the issuance of building permits, complete plans shall be submitted to anc
approved by the Fire Department.
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PC RES0 NO. 3220 -4-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 15th day of May, 1991, by the
following vote, to wit:
AYES: Chairperson Holmes, Commissioners: Schramm, Savary, Noble,
Erwin & Hall.
NOES: Commissioner Schlehuber.
ABSENT: None.
ABSTAIN: None. J"\,
".<U 'sG -
ROBERT HOLMES, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HO~LZMI~LER
PLANNING DIRECTOR
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PC RES0 NO. 3220 -5-
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e e EXHIBIT "X"
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING SPECIFIC PLAN AMENDMENT SP 19 (E) FOR THE CAR COUNTRY
EXPANSION GENERALLY LOCATED EAST OF THE
EXISTING CAR COUNTRY.
CASE NAME: CAR COUNTRY PLAZA DELI
CASE NO.: SP 19(E)
WHEREAS, the City Council of the City of Carlsba'
California has reviewed and considered a Specific Plan Amendme:
for future development of the site; and
WHEREAS, after procedures in accordance with tl
requirements of law, the City Council has determined that tl
public interest indicates that said plan be approved.
NOW, THEREFORE, the City Council of the City of Carlsbz
does ordain as follows:
SECTION I: That the Car Country Expansion Specific P1z
Amendment, SP 19(E), as revised dated May 15, 1991, on file wit
the Planning Director and incorporated by reference herein, :
approved. The Specific Plan Amendment shall constitute the zonir
for this property and all development of the property shal
conform to the plan.
SECTION 11: That the findings and conditions of tk
Planning Commission as set forth in Planning Commission Resolutic
Nos. 3220 and 3221 shall also constitute the findings an
conditions of the City Council.
EFFECTIVE DATE: This ordinance shall be effectiv
thirty days after its adoption, and the City Clerk shall certif
to the adoption of this ordinance and cause it to be published a
least once in the Carlsbad Journal within fifteen days after it
adoption.
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INTRODUCED AND FIRST READ at a regular meeting of tl
Carlsbad City Council on the day of
1991, and thereafter
PASSED AND ADOPTED at a regular meeting of the ci.
Council of the City of Carlsbad on the day t
I 1991, by the following vote, to wit:
AYES :
NOES :
ABSENT:
APPROVED AS TO FORM AND LEGALITY
VINCENT F. BIONDO, JR., City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
AS : rvo