HomeMy WebLinkAbout1991-08-07; Planning Commission; Resolution 32850 0
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PLANNING COMMISSION RESOLUTION NO. 3285
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO
OPERATE A DELICATESSEN ON PROPERTY GENERALLY LOCATED ON
THE SOUTHEAST CORNER OF CAMINO VIDA ROBLE AND CORTE DEL
NOGAL, AT 2035 CORTE DEL NOGAL.
I CASE NAME: CAMINO WEST - CARLSBAD
CASE NO: CUP 91-7
WHEREAS, a verified application has been filed with the City of Carlsbad ar
referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided by Title 2
of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the PlanniI
Commission did, on the 7th day of August, 1991, hold a duly noticed public hearing
consider said application on property described as:
Lot 10 of Carlsbad Tract No. 80-34, in the City of Carlsbad, County of San
Diego, State of California, according to Map thereof No. 10062, filed in the
Office of the County Recorder of San Diego County on April 15, 1981. 1
WHEREAS, at said public hearing, upon hearing and considering all testimony ar
arguments, if any, of all persons desiring to be heard, said Commission considered :
factors relating to CUP 91-7.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of tl
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
APPROVES CUP 91-7, based on the following findings and subject to the followiI
conditions:
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Findings:
1. That the requested use is necessary or desirable for the development of th
community, is essentially in harmony with the various elements and objectives c
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 th
proposed delicatessen will provide a desirable service to the surrounding industrk
park community and as conditioned will not have detrimental effects on th
existing or future uses of the area.
2. That the site area of 921 square feet is adequate in size and shape to accommodat
a food preparation area, display area and waiting area.
3. That the use does not require the construction or alteration of a building c
parking lot other than tenant improvements and will, therefore, not requk
adjustments to existing exterior walls, setbacks, yards, landscaping or othe
features to provide compatibility with existing or hture uses.
4. That the adjusted increase in average daily trips will not have an adverse effect 0:
the street system serving the proposed use. Corte Del Nogal is adequate tl
properly handle all traffic generated by the proposed use.
Conditions:
1. Any signs proposed for the advertisement of the delicatessen shall be reviewed an(
approved by the Planning Director through a City of Carlsbad Sign Penmi1
Window signs advertising the sale of products within the delicatessen ar prohibited.
2. No cooking shall take place onsite; only food preparation. No ovens or grills mti
be installed or operated at the site. A microwave oven may be used to heat fooc
and a steam table may be used for warming purposes.
~ 3. Disposable tableware only may be used.
4. Five (5) parking spaces shall be designated for use only by the delicatessen. Eacl
space shall be clearly marked with permanent pavement graphics. The location c
the spaces shall be approved by the Planning Director prior to building pennits
5. The delicatessen shall be restricted in size and location to the 921 square feet a
shown on Exhibit "B".
6. No parking shall be permitted at the site entry aisle. The curb shall be painted re(
and be marked "NO Parking".
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7. A grease trap must be provided per the requirements of Section 13.04.050(G) 1
the Carlsbad Municipal Code.
8. The hours of operation shall be limited to 7:OO a.m. through 5:OO p.m., Monck
through Friday.
9. Approval is granted for CUP 91-7, as shown on Exhibit(s) llAtt - IDtt, datc August 7,1991, incorporated by reference and on fie in the Planning Departmen
Development shall occur substantially as shown unless otherwise noted in thes
conditions.
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10. This project is approved upon the express condition that building permits will nc
be issued for development of the subject property unless the City Engine<
determines that sewer facilities are available at the time of application for suc
sewer permits and will continue to be available until time of occupancy. This no1
shall be placed on the final map.
11. This project is also approved under the express condition that the applicant pa
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 Cit
Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or othe ordinance adopted to implement a growth management system or facWes an
improvement plan and to fulfill the subdivider’s agreement to pay the publi
facilities fee dated June 6, 1991, a copy of which is on file with the City Clerk ani
is incorporated by this reference. If the fees are not paid this application will nc
be consistent with the General Plan and approval for this project will be void.
12. This project shall comply with all conditions and mitigation required by th
Zone 5 Local Facilities Management Plan approved by the City Council 0:
August 4, 1987, incorporated herein and on file in the Planning Department an1
any future amendments to the Plan made prior to the issuance of building permits
13. If any condition for construction of any public improvements or facilities, or thc
payment of any fees in lieu thereof, imposed by this approval or imposed by lav
on this project are challenged this approval shall be suspended as provided il
Government Code Section 65913.5. If any such condition is determined to bc
invalid thk approval shall be invalid unless the City Council determines that thc
project without the condition complies with all requirements of law.
14. Approval of this request shall not excuse compliance with all sections of thc
Zoning Ordinance and all other applicable City ordinances in effect at time 0)
building permit issuance.
15. This approval shall become null and void if building permits are not issued for thi:
project within one year from the date of project approval.
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16. This conditional use permit is granted for a period of five years. This condition:
use permit shall be reviewed by the Planning Director on a yearly basis t
determine if all conditions of this permit have been met and that the use does nc
have a significant detrimental impact on surrounding properties or the publj
health and welfare. If the Planning Director determines that the use has suc
significant adverse impacts, the Planning Director shall recommend that th
Planning Commission, after providing the permittee the opportunity to be hearc
add additional conditions to mitigate the significant adverse impacts. This perm
may be revoked at any time after a public hearing, if it is found that the use h
a significant detrimental affect on surrounding land uses and the public’s healt
and welfare, or the conditions imposed herein have not been met. This permj
may be extended for a reasonable period of time not to exceed five years upo:
written application of the permittee made no less than 90 days prior to th
expiration date. In granting such extension, the Planning Commission shall fin
that no substantial adverse affect on surrounding land uses or the public’s healt:
and welfare will result because of the continuation of the permitted use. If
substantial adverse affect on surrounding land uses or the public’s health an
welfare is found, the extension shall be considered as an original application fc
a conditional use permit. There is no limit to the number of extensions th
Planning Commission may grant.
17. If the property owner/owners’ address changes from that which is shown on th
conditional use permit application, a notice of a change of address shall b
reported, in writing, to the Planning Department within 30 days.
Fire Conditions:
18. Prior to the issuance of building permits, complete building plans shall bl
submitted to and approved by the Fire Department.
19. All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers
and other systems pertinent to the project shall be submitted to the Fir(
Department for approval prior to construction.
20. Use of the attic for storage is prohibited.
21. Any modification or expansion of the delicatessen, in addition to conversion to i
restaurant (e.g., cooking onsite), shall require an amendment to this Conditiona
Use Permit.
Water Conditions:
22. This project is approved upon the express condition that building permits will no’
be issued for development of the subject property unless the Water District servini
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the development determines that adequate water and service is available at the
time of application for water service and will continue to be available until time
of occupancy.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
4 bnmission of the City of Carlsbad, California, held on the 7th day of August, 1991, by
5 the following vote, to wit:
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AYES: Vice-chairman Erwin, Commissioners: Schlehuber, Schramm, Savary:
Noble & Hall.
NOES: None.
ABSENT: Chairman Holmes.
10 ABSTAIN: None.
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ATTEST:
%L
TOM ERWIN, Vice-chairman
CARLSBAD PLANNING COMMISSION
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