HomeMy WebLinkAbout1992-03-18; Planning Commission; Resolution 3369-
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PLANNING COMMISSION RESOLUTION NO. 3369
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 STARVIN MARVIN’S DELI ON
PROPERTY GENERALLY LOCATED AT 5431 AVENEDA
ENCINAS.
CASE NAME: STARVIN MARVIN’S
CASE NO: CUP 301(A)
WHEREAS, a verified application has been filed with the City of Carlsbad
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10 and referred to the Planning Commission; and
11 WHEREAS, said verified application constitutes a request as provided by
l2 I/ Title 21 of the Carlsbad Municipal Code; and
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14 li WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
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16 consider said application on property described as:
Commission did, on the 18th day of March, 1992, hold a duly noticed public hearing tc
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Parcel 1 as shown on Page 13051 of parcel maps filed
December 9, 1983, within the City of Carlsbad, County of
San Diego, State of California,
19 I WHEREAS, at said public hearing, upon hearing and considering al
testimony and arguments, if any, of all persons desiring to be heard, said Commissior
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22 ll considered all factors relating to CUP 301 (A).
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of the City of Carlsbad as follows: 24
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Phning Commissior
A) That the foregoing recitations are true and correct.
26 B) That based on the evidence presented at the public hearing, the Commissior
27 APPROVES CUP 301(A), based on the following findings and subject to thc
28 // following conditions:
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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;
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4. That the street system serving the proposed use is adequate to properly handle all
traffic generated by the proposed use.
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Conditions:
1. Approval of Cup 301(A) is granted subject to aU conditions of CUP 301, Planning
Commission Resolution No. 2652, incorporated herein by reference and on file in
the Planning Department, except that conditions no’s. 5 and 8 are replaced with
conditions no’s. 3 and 2, respectively.
2. The delicatessen may contain a maximum of five (5) tables and/or ten (10) chairs
for the consumption of food on the premises.
3. This conditional use permit is granted for a period of five years hm the date ol
this approval, with a new expiration date of 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 significanl
adverse impacts, the Planning Director shall recommend that the Planning
Codssion, after prod&g the pe-ttee the oppo&ty to be heard, add
additional conditions to mitigate the significant adverse impacts. This permit maJ
be revoked at any time after a public hearing, if it is found that the use has 2
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 reasonable period of time not to exceed five (5) years upon writter
application of the permittee made no less than 90 days prior to the expiratior
date. In granting such extension, the Planning Commission shall fmd that nc
substantial adverse effect on surrounding land uses or the public’s health anc
welfare will result because of the continuation of the permitted use. If 2
substantial adverse effect on surrounding land uses or the public’s health anc
welfare is found, the extension shall be considered as an original application fol
a conditional use permit. There is no limit to the number of extensions tht
Planning Commission may grant.
11 PC RES0 NO. 3369 -2-
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4. Any additional sewer fees required because of the allowance of seating shall be 1 paid in accordance with City Ordinances.
2 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planniq
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Commission of the City of Carlsbad, California, held on the 18th day of March, 1992, bJ
the following vote, to wit:
AYES: Chairperson Erwin, Commissioners: Schlehuber, Schramm
Holmes, Savary, Noble & Hall.
NOES: None.
ABSENT: None.
ABSTAIN: None.
TOM ERWIN, Chairperson
CARLSBAD PLANNING COMMISSION
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ATTEST:
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18 11 PLANNING DIRECTOR
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