HomeMy WebLinkAbout1992-03-18; Planning Commission; Resolution 3370I/ 0 e
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PLANNING COMMISSION RESOLUTION NO. 3370
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 LA PLACE DELI ON
PROPERTY GENERALLY LOCATED AT 5950 LA PLACE
COURT.
CASE NAME: MISSION WEST
CASE NO: CUP 88-19(A)
WHEREAS, a verified application has been filed with the City of Carlsbad I
10 and referred to the Planning Commission; and
11 WHEREAS, said verified application constitutes a request as provided by
12 Title 21 of the Carlsbad Municipal Code; and
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WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on the 18th day of March, 1992, hold a duly noticed public hearing to
16 11 consider said application on property described as:
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Lot 13 of Carlsbad tract 81-10, Unit No. 1 , according to Map
State of California, filed February 22, 1982,
WHEREAS, at said public hearing, upon hearing and considering all
No. 10330 in the City of Carlsbad, County of San Diego,
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21 testimony and arguments, if any, of all persons desiring to be heard, said Commissior
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of the City of Carlsbad as follows: 24
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissior
A) That the foregoing recitations are true and correct.
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27 APPROVES CUP 88-19(A), based on the following findings and subject to thc
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considered all factors relating to CUP 88-19(A).
B) That based on the evidence presented at the public hearing, the CommissioI
following conditions:
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the general plan, and is not detrimental to existing uses or to uses specifically 2
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
permitted in the zone in which the proposed use is to be located; 3
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2. That the site for the intended use is adequate in size and shape to accommodate
3. That all of the yards, setbacks, walls, fences, landscaping, and other features 6 necessary to adjust the requested use to existing or permitted future uses in the
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8 4. That the street system serving the proposed use is adequate to properly handle all
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the use;
neighborhood will be provided and maintained;
traffic generated by the proposed use.
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Conditions:
1. Approval of CUP 88-19(A) is granted subject to all conditions of CUP 88-19,
Planning Commission Resolution No. 2826, incorporated herein by reference and
on file in the Planning Department, except that conditions no’s. 9 and 15 are
replaced with conditions no’s. 3 and 2 below, respectively.
2. The delicatessen may contain a maximum of five (5) tables and ten (10) chairs for
the consumption of food on the premises.
3. This conditional use permit is granted for a period of five years from the date oi
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
Commission, after providing the permittee the opportunity to be heard, add
additional conditions to mitigate the sigmficant adverse impacts. This permit mal
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 bf
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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 find 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 an(
welfare is found, the extension shall be considered as an original application fo:
a conditional use permit. There is no limit to the number of extensions thc
Planning Commission may grant.
PC RES0 NO. 3370 -2-
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4. Any additional sewer fees required because of the allowance of seating shall b
paid in accordance with City ordinances.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannin
4 /I Commission of the City of Carlsbad, California, held on the 18th day of March, 1992, b
5 II the following vote, to wit:
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AYES: Chairperson Erwin, Commissioners: Schlehuber, Schrm
Holmes, Savary, Noble & Hall.
8 NOES: None.
9 ABSENT: None.
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ABSTAIN: None.
TOM ERWIN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
PLANNING DIRECTOR
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