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HomeMy WebLinkAbout1992-03-18; Planning Commission; Resolution 33680 0 1 2 3 4 5 6 7 PLANNING COMMISSION RESOLUTION NO. 3368 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO A CONDITIONAL USE PERMIT TO ALLOW TABLES AND CHAIRS AT THE FARADAY DELI ON PROPERTY GENERALLY LOCATED AT 2235 FARADAY AVENUE. CASE NAME: CHOI SANDWICH SHOP CASE NO: CUP 270(A) 8 9 IO 11 12 21 of the Carlsbad Municipal Code; and 13 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning 14 Commission did, on the 18th day of March, 1992, hold a duly noticed public hearing to I.5 consider said application on property described as: WHEREAS, a verified application has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 16 17 18 19 Lot 8 of Carllsbad Tract 81-10, Unit No. 1, according to Map No. 10330 in the City of Carlsbad, County of San Diego, State of California, filed February 22, 1982, WHEW, at .&d public hearing, upon hearing and comidering all testimonl 20 factors relating to CUP 270(A). 21 and arguments, if any, of all persons desiring to be heard, said Commission considered al B) That based on the evidence presented at the public hearing, the Commissio: 26 25 24 23 22 APPROVES CUP 2!70(A), based on the following findings and subject to th 27 following conditions: NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissiol of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 28 ... /j 0 0 1 2 3 4 5 6 ‘1 8 9 10 I1 12 13 Fhm: 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 270(A) is granted subject to all conditions of Planning Commission Resolution No. 2434, incorporated herein by reference and on fle in the Planning Department, except that conditions no’s. 7 and 8 are replaced with conditions no’s 3 and 2 below, respectively. 14 15 for the consumption of food on the premises. 2. The delicatessen rmy contain a maxjmm of five (5) tables and/or ten (1 0) chairs 16 3. 17 18 19 20 21 22 23 24 25 26 27 This conditional use permit is granted for a period of six years and eleven months from the date of expiration, or from Apd 24, 1990 to March 18, 1997. This conditional use permit shall be reviewed by the Planning Director on a yearly bask to determine if all conditions of this permit have been met and that the use does no have a significant detrimental impact on surrounding properties or the public healtl and welfare. If the Planning Director determines that the use has such significan adverse impacts, the Planning Director shall recommend that the Planninj Commission, after providing the permittee the opportunity to be heard, ad( additional conditions to mitigate the significant adverse impacts. This permit ma; be revoked at any time after a public hearing, if it is found that the use has i significant detrimental effect on surrounding land uses and the public’s health anc welfare, or the conditions imposed herein have not been met. This permit may bc extended for a reastonable period of time not to exceed five (5) years upon writte~ application of the permittee made no less than 90 days prior to the expiration datc In granting such extension, the Planning Commission shall find that no substantk adverse effect on surrounding land uses or the public’s health and welfare will resu because of the continuation of the permitted use. If a substantial adverse effect o surrounding land uses or the public’s health and welfare is found, the extensio shall be considered. as an original application for a conditional use permit. The1 is no limit to the number of extensions the Planning Commission may grant. 28 PC RES0 NO. 3368 -2- .I e m 1 4. Any additional sewer fees required because of the allowance of seating shall be paid in accordance with #City Ordinances. 2 3 4 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 18th day of March, 1992, b4 5 the following vote, to wit: 6 7 AYES: Chairman Erwin, Commissioners: Schlehuber, Schramm Holmes, Savary, Noble & Hall. a 9 ABSENT: None. NOES: None. 10 ABSTAIN: None. 11 12 13 14 %c^LI.vcck-_ TOM ERWIN, Chairperson CARLSBAD PLANNING COMMISSION I l5 I! ATTEST: 16 17 -a MICHAEL J. HOLZMKLER 18 19 PLANNING DIRECTOR 20 21 22 I/ 23 24 25 I 26 27 28 PC RES0 NO. 3368 -3-