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HomeMy WebLinkAbout1992-03-18; Planning Commission; Resolution 33662 ll 0 0 1 2 3 4 5 6 7 PLANNING COMMISSION RESOLUTION NO. 3366 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN TABLES AND CHAIRS AT THE SALAD AND SANDWICH EXPRESS DELI ON PROPERTY GENERALLY LOCATED AT 5365 AVENIDA ENCINAS. CASE NAME: BARBIE’S LUNCH DEPOT CASE NO: CUP 226(B) AMENDMENT TO A CONDITIONAL USE PERMIT TO ALLOW 8 9 WHEREAS, a verified application has been filed with the City of Carlsbad and referred to the Planning Commission; and 10 11 WHEREAS, said verified application constitutes a request as provided by 12 I/ Tide 21 of the Carlsbad Municipal Code; and 13 Commission did, on the 18th day of March, 1992, hold a duly noticed public hearing to 14 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning I’ consider said application on property described as: 16 17 Parcel 19 of Map No. 11457 in the City of Carlsbad, County of San Diego, State of California, 18 19 WHEREAS, at said public hearing, upon hearing and considering all 20 testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to CUP 226(B). 21 22 23 of the City of Carlsbad as follows: 24 A) That the foregoing recitations are true and correct. 25 B) That based on the evidence presented at the public hearing, the Commissior 26 APPROVES CUP 226(B), based on the following findings and subject to thc following conditions: NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pldng Codss;on 27 .*- 28 ... II e 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 Findinns: 1. That the requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the general plan, and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located; 2. That the site for the intended use is adequate in size and shape to accommodate the use; 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; 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. Conditions: 1. Approval of CUP 226(B) is granted subject to all conditions of CUP 226, Planning Commission Resolution No. 2088, and CUP 226(A), Planning Commission Resolution No. 2612, incorporated herein by reference and on file in the Planning Department, except that conditions no’s 7 and 12 of Planning Commission Resolution No. 2088 are replaced by conditions no’s 2 and 3 below. 2. The delicatessen may contain a maximum of five (5) tables and/or ten (10) chair for the consumption of food on the premises. 3. This conditional use permit is granted for a period of eight years and one month from the date of expiration, or from March 9, 1988 to March 18, 1997. 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 effect 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 five (5) years upon written application of the permittee made no less than 90 days prior to the expiration date. In granting such extension, the Planning Commission shall find that no substantial adverse effect 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 effect 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. PC RES0 NO. 3366 -2- il -4 !I a 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 4. Any additional sewex fees required because of the allowance of seating shall In paid in accordance with City Ordinances. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Pladq Commission of the City of Carlsbad, California, held on the 18th day of March, 1992, b: the following vote, to wit: AYES: Chairperson Erwin, Commissioners: Schlehuber, Schramm Holmes, Savary, Noble & Hall. NOES: None. ABSENT: None. ABSTAIN: None. ATTEST: %L* TOM ERWIN, Chairperson CARLSBAD PLANNING COMMISSION \ W MICHAEL J. HOLZMHER PLANNING DIRECTOR PC RES0 NO. 3366 -3-