HomeMy WebLinkAbout1992-03-18; Planning Commission; Resolution 33680 0
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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)
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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
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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
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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
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APPROVES CUP 2!70(A), based on the following findings and subject to th
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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.
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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.
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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
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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.
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PC RES0 NO. 3368 -2-
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1 4. Any additional sewer fees required because of the allowance of seating shall be paid
in accordance with #City Ordinances.
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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 18th day of March, 1992, b4
5 the following vote, to wit:
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AYES: Chairman Erwin, Commissioners: Schlehuber, Schramm
Holmes, Savary, Noble & Hall.
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9 ABSENT: None.
NOES: None.
10 ABSTAIN: None.
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%c^LI.vcck-_
TOM ERWIN, Chairperson
CARLSBAD PLANNING COMMISSION
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l5 I! ATTEST: 16
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PLANNING DIRECTOR
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