HomeMy WebLinkAbout1994-04-20; Planning Commission; Resolution 3622v I! 0 0
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PLANNING COMMISSION RESOLUTION NO. 3622
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT AMENDMENT TO ALLOW
LUNCHTIME COOKING OPERATIONS AND A 107 SQUARE
FOOT ADDITION WITHIN THE EXISTING CALIFORNIA CAFE
AND DELI USE ON PROPERTY GENERALLY LOCATED ON
THE SOUTH SIDE OF FARADAY, WEST OF EL CAMINO
REAL AT 2205 FARADAY AVENUE, SUITE "C".
CASE NAME: CALIFORNIA CAFE AND DELI
CASE NO: CUP 88-18(A)
WHEREAS, a verified application has been filed with the City of Carlsbz
and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided 1
Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Pld
Commission did, on the 20th day of April, 1994, hold a duly noticed public hearing '.
consider said application on property described as:
Lot 41 and a portion of lot 42 of Map No. 11134, and also a
portion of lot 8 of Map No. 10330 all in the City of Carlsbad,
County of San Diego, State of California.
WHEREAS, at said public hearing, upon hearing and considering a
testimony and arguments, if any, of all persons desiring to be heard, said Commissia
considered all factors relating to CUP 88-18(A).
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissic
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 Commissio
APPROVES CUP 88-18(A), based on the following findings and subject to th
following conditions:
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Filldill=:
1. The requested use expansion of allowing lunchtime cooking operations and tl
107 square foot addition is desirable for the development of the community ar
is not detrimental to existing or permitted uses in the area. A restaurant
allowed by Specific Plan 180 with the approval of a Conditional Use Permit. TI
proposed deli with limited cooking allowances will serve the adjacent industti
office area and is consistent with the General Plan.
2. The site is adequate in size and shape to accommodate the proposed use. 73
proposed cooking operations and 107 square foot addition will be N
accommodated within the existing California Cafe and Deli which is located in a
existing shell building within the Carlsbad Research Center.
3. All features necessary to adjust the requested use to existing or future uses in tl
area will be provided. Since the deli is located in an existing shell building 2
necessary setbacks, walls and landscaping have been provided. Eleven parkir
spaces will be maintained, parking the deli at a restaurant ratio since sit dov
eating is proposed. In addition, conditions will be imposed that limit the scope (
the proposed cooking operations to serving the daytime workforce of the area.
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4. The street system serving the area is adequate to properly handle the tmff
generated by the proposed project. Faraday Avenue is a fully improved publj
street. An internal parking lot circulation services 2205 Faraday and the adjaca
shell buildings.
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5. The Planning Commission has, by inclusion of an appropriate condition to th
project, ensured building permits will not be issued for the project unless the Cit
Engineer determines that sewer service is available, and building cannot OCCI
within the project unless sewer service remains available, and the Plannin,
Commission is satisfied that the requirements of the Public Facilities Element c
the General Plan have been met insofar as they apply to sewer service for thi
project. I
20 6. The applicant has agreed and is required by the inclusion of an appropriat
21 condition to pay a public facilities fee. Performance of that contract and paymer
of the fee will enable this body to find that public facilities will be availabl
22 concurrent with need as required by the General Plan.
23 7. This project is consistent with the City's Growth Management Ordinance as it hs
been conditioned to comply with any requirement approved as part of the LOCL 24 Facilities Management Plan for Zone 5.
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....
PC RES0 NO. 3622 -2-
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8. This project is categorically exempt from environmental review per Class 1, Sectio
1 (a) of CEQA which allows for minor interior alterations for existing structures.
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Conditions:
1. Approval is granted for CUP 88-18(A), as shown on Exhibits "A" and "B", date
April 20, 1994, incorporated by reference and on file in the Planning Departmen
Development shall occur substantially as shown unless otherwise noted in the:
conditions. This Planning Commission Resolution for CUP 88-18(A) supersede
all the conditions of approval contained in Planning Commission Resolution Nc
2810 approved for CUP 88-18.
2. The developer shall provide the City with a reproducible 24" x 36", 100 scal
mylar copy of the site plan and floor plan as approved by the Plannin
Commission. The site plan and floor plan shall reflect the conditions of approw
by the City. The mylar copies shall be submitted to the City Engineer prior t
issuance of building permits or improvement plan submittal, whichever occurs firs1
3. This project shall comply with all conditions and mitigation required by the Zon
5 Local Facilities Management Plan approved by the City Council on August L
1987, incorporated herein and on file in the Planning Department and any futur
amendments to the Plan made prior to the issuance of building permits.
This project shall comply with all conditions and mitigation measures which ma.
be required as part of the Zone 5 Local Facilities Management Plan and an;
amendments made to that Plan prior to the issuance of building permits.
4. If any condition for construction of any public improvements or facilities, or thl
payment of any fees in lieu thereof, imposed by this approval or imposed by lav
on this project are challenged this approval shall be suspended as provided iI
Government Code Section 65913.5. If any such condition is determined to bc
invalid this approval shall be invalid unless the City Council determines that thr
project without the conditions complies with all requirements of law.
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5. This conditional use permit is granted for a period of five years. This conditiona
use permit shall be reviewed by the Planning Director on a yearly basis tc
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 publi.
health and welfare. If the Planning Director determines that the use has sucl
significant adverse impacts, the Planning Director shall recommend that tht
Planning Commission, after providing the permittee the opportunity to be heard
add additional conditions to mitigate the significant adverse impacts. This permi
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
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PC RES0 NO. 3622 -3-
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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 five years up0
written application of the permittee made no less than 90 days prior to th
expiration date. In granting such extension, the Planning Commission shall fin
that no substantial adverse affect on surrounding land uses or the public's healt
and welfare will result because of the continuation of the permitted use. If
substantial adverse affect on surrounding land uses or the public's health an
welfare is found, the extension shall be considered as an original application fc
a conditional use permit. There is no limit to the number of extensions th
Planning Commission may grant.
6. Small scale wok style cooking will be allowed with hours of operation being 6:3
a.m. to 4:OO p.m., Monday through Friday.
7. Disposable tableware only will be used.
8. Twelve parking spaces shall be designated for the deli use only as shown o
Exhibit "A", dated April 20, 1994. Each space will be clearly marked for the de
use with permanent pavement graphics.
9. The deli use will occupy 1,200 square feet of Suite "C" at 2205 Faraday Avenut
The remainder of the suite will be used exclusively for warehouse use and mu!
maintain separation from the deli use by the proposed wall. No operations c
storage will take place in the designated warehouse portion of Suite "C". No toxi
materials may be stored in the warehouse portion of the suite.
10. A grease trap must be provided per the requirements of the Utilities an
Maintenance Department.
11. Hot water shall be available on the premises for use by the deli.
12. No additional signage will be allowed for this use.
13. No waiter/waitress service will occur with the operation of this use. No mol
than four employees may work one shift.
Fire Conditions:
14. Prior to the issuance of building permits, complete building plans shall k
submitted to and approved by the Fire Department.
15. All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinkler
and other systems pertinent to the project shall be submitted to the FiI
Department for approval prior to construction.
PC RES0 NO. 3622 -4-
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II 16. Use of attic for storage purposes is not permitted.
I. II 17. Maximum occupancy load for table and chair seating is 20. 2
3 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannin
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the following vote, to wit: 5
Commission of the City of Carlsbad, California, held on the 20th day of April, 1994, b:
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AYES: Chairperson Savary, Commissioners: Schlehuber, Noble
Welshons, Erwin & Hall.
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ABSENT: Commissioner Betz. 9
NOES: None.
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ABSTAIN: None.
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PEGGY%&~RY, Chairpersd CARLSBAD PLANNING COMMISSION
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ATTEST:
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17 MICHAEL J. HOBMILLER
18 I) PLANNING DIRECTOR
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