HomeMy WebLinkAbout1992-07-01; Planning Commission; Resolution 33932, 0 0
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PLANNING COMMISSION RESOLUTION NO. 3393
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW A DRIVE THRU
RESTAURSNT ON PROPERTY GENERALLY LOCATED ON
THE EAST SIDE OF AVENIDA ENCINAS NORTH OF
PALOMAR AIRPORT ROAD.
CASE NAME: PALOMAR PLACE
CASE NO: CUP 92-1
WHEREAS, a verified application has been filed with the City of Carlsbac
and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided b:
Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on the 1st day of July, 1992, hold a duly noticed public hearing tc
consider said application on property described as:
Parcels 1 & 2 of Map No. 13955, Parcels 1 & 2 of Map No.
13937, and Parcels 1, 2, 3, & 4 of Map No. 14014, in the
City of Carlsbad, County of San Diego, State of California,
WHEREAS, at said public hearing, upon hearing and considering al;
testimony and arguments, if any, of all persons desiring to be heard, said Commission
considered all factors relating to CUP 92-1.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES CUP 92-1, based on the following findings:
26 FiIldillm:
27 1. That the requested use is necessary or desirable for the development of the
28 community because the adequacy of onsite circulation and provision of adequate
parking will enhance the benefit gained by the increased variety of dining facilities,
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and adequate drive thru circulation will reduce the opportunity for congestion, i:
essentially in harmony with the various elements and objectives of the general plar
since adequate off-street parking and loading facilities are being provided, and i:
not detrimental to existing uses or to uses specifically permitted in the zone ir
which the proposed use is to be located because of the adequate onsite and driw thru circulation, provision of headlight screening, and the adequacy of onsit(
Parking;
2. That the site for the intended use is adequate in size and shape to accommodate
the use as demonstrated by the provision of adequate onsite drive thru circulatioq
loading facilities, and parking supply; while still providing building and headli&l
screening.
3. That all of the yards, setbacks, walls, fences, landscaping, and other features
necessary to adjust the requested use to edstlng or permitted future uses in the
neighborhood will be provided and maintained because the necessary landscaping,
screening and building setbacks are incorporated into the project design;
4. That the street system serving the proposed use is adequate to properly handle all
traffic generated by the proposed use.
Conditions:
1. Approval is granted for CUP 92-1, as shown on Exhibits "A" - "L", dated
July 1, 1992, incorporated by reference and on file in the Planning Department.
Development shall occur substantially as shown unless otherwise noted in these
conditions.
2. Approval of this request shall not excuse compliance with all sections of the
Zoning Ordinance and all other applicable City ordlnances in effect at time of
building permit issuance.
' 3. This approval shall become null and void if building permits are not issued for this
project within one year from the date of project approval.
4. Approval of CUP 92-1 is granted subject to the approval of SDP 83-11 (D),
PUD 92-4, and MS 92-4. Approval of CUP 92-1 is granted subject to all conditions
of SDP 83-11 (D), PUD 92-4 and MS 92-4, Planning Commission Resolution No.
3391, and 3392, incorporated herein by reference and on file in the Planning
Department.
5. This conditional use permit is granted for a period of 10 years. 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
health and welfare. If the Planning Director determines that the use has such
significant adverse impacts, the Planning Director shall recommend that the
have a significant detrimental impact on surrounding properties or the public
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PC RES0 NO. 3393 -2-
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Planning Commission, after providing the permittee the opportunity to be heard,
add additional conditions to mitigate the significant adverse impacts. This perm+
may be revoked at any time after a public hearing, if it is found that the use ha:
a significant detrimental affect on surrounding land uses and the public's healtl
and welfare, or the conditions imposed herein have not been met. This permi
may be extended for a reasonable period of time not to exceed 10 years up01
written application of the permittee made no less than 90 days prior to thc
that no substantial adverse affect 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 affect on surrounding land uses or the public's health and
welfare is found, the extension shall be considered as an original application foI
a conditional use permit. There is no limit to the number of extensions the
Planning Commission may grant.
expiration date. In granting such extension, the Planning Commission shall fina
9 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
lo Commission of the City of Carlsbad, California, held on the 1st day of July, 1992, by thf
l1 jj following vote, to wit:
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13 AYES: Chairperson Erwin, Commissioners: Schlehuber, Schramm,
Noble, Savary 81 Erwin.
l4 il NOES: None.
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ABSENT: Commissioner Welshons.
ABSTAIN: None. t
TOM ERWIN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST: dMfVV
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PC RES0 NO. 3393 -3-
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