HomeMy WebLinkAbout1994-12-07; Planning Commission; Resolution 37151
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PLANNING COMMISSION RESOLUTION NO. 3715
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING
A CONDITIONAL USE PERMIT TO OPERATE A
CERTIFIED FARMERS MARKET WITHIN THE
NORTHERN SECTION OF THE PEA SOUP
ANDERSEN'S PARKING LOT AT 850 PALOMAR
AIRPORT ROAD.
CASE NAME: CARLSBAD CERTIFIED FARMER'S
MARKET
CASE NO: CUP 94-07
WHEREAS, a verified application has been filed with the City of Carlsba
and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request for a Condition;
Use Permit as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Plannin
Commission did, on the 2nd of November, 1994 and the 7th of December, 1994, hold
duly noticed public hearing to consider said application on property described as:
Parcels 1, 2 and 3 of Parcel Map No. 11284, in the City of
Carlsbad, County of San Diego, State of California, filed in
the Office of the County Recorder of San Diego County, May
11, 1981 as Filepage No. 81-145557 of Official Records and
Lot 4 of Carlsbad Tract No.92-07 in the City of Carlsbad,
County of San Diego, State of California, according to map
thereof No.13078, filed in the office of the County Recorder
of San Diego County on December 28, 1993.
WHEREAS, at said public hearing, upon hearing and considering a
testimony and arguments, if any, of all persons desiring to be heard, said Commissio
considered all factors relating to CUP 94-07.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannir
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commissic
APPROVES Conditional Use Permit CUP 94-07, based on the following findin
and subject to the following conditions:
Findings:
1. That the requested use is desirable for the development of the community,
essentially in harmony with the various elements and objectives of the general pl;
will be operated at a location on the site and during hours that will not era
conflict with existing onsite uses and will therefore not be detrimental to thc
existing uses or to other uses specifically permitted in the C-T zone;
2. That the Pea Soup Andersen’s parking lot is a common facility used by a varic
of businesses which operate at different times of day and have variable parkil
needs;
3. That because the Pea Soup Andersen’s parking lot is a common facility, the gro
parking requirement for all onsite uses may be reduced by 15%;
4. That the proposed farmer‘s market is temporary in nature, has short ter
customer parking needs of 37 spaces and will occupy 56 existing parking spac
which thereby creates a 75 parking space deficiency within the existing Pea Sol
Andersen’s parking lot;
5. That 75 additional spaces will be provided within the northerly vacant dirt I(
adjacent to the Pea Soup Andersen’s parking lot;
6. That the additional 75 spaces will satisfy all of the common parking requiremen
for the proposed market and other onsite uses during market operation;
7. That there are no special setback, landscape or fencing requirements;
8, That the estimated Average Daily Traffic of between 400 and 500 generated by tl
farmer‘s market is insignificant and therefore the street system serving tl
proposed use is adequate to properly handle all traffic generated by the proposr
use;
9. That the proposed use is consistent with the intent of the Mello I1 segment of tk
Local Coastal Program.
Conditions:
1. Approval is granted for Conditional Use Permit 94-07, as shown on Exhibit “A
dated December 7, 1994, incorporated by reference and on file in the PlanniI
Department. Development shall occur substantially as shown unless otherwi:
noted in these conditions.
PC RES0 NO. 3715 -2-
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2. Approval of this request shall not excuse compliance with all sections of the Zonir
Ordinance and all other applicable City Ordinances in effect at the time of ma&
operation.
3. This approval is specifically for the operation of a maximum 33 stall farmer
market during the hours of 2:OO p.m. to 500 p.m. on Saturdays only. Any chanl
to the number of stalls or hours of operation shall require the approval of tl
Planning Commission.
4. 30 Vendors shall be limited to the sale of produce, perishables, and/or certifir
agricultural products.
5. A maximum of 3 stalls may be made available to non-certified vendors of produc
perishables, and/or agricultural products.
6. The applicant shall submit a site plan to the fire department for approval of acces
driveways, and general traffic circulation.
7. Circulation aisles shall be kept clear of parked vehicles at all times, and shall hat
posted "No Parking/Fire Lane'' pursuant to section 17.04.020 of the Carlsba
Municipal Code.
8. All signs proposed for this development shall be reviewed and approved by tl
Planning Director prior to operation of the first market.
9. This conditional use permit is granted for a trial period of six months. Th.
conditional use permit shall be reviewed by the Planning Director after four (4
months and those findings shall be presented to the Planning Commission pric
to the six month expiration. If the Planning Director determines that the use hi
such significant adverse impacts, the Planning Director shall recommend that th
Planning Commission, after providing the permittee the opportunity to be hearc
add additional conditions to mitigate the significant adverse impacts. This perm
may be revoked at any time by the Planning Commission, if it is found that the us
has a significant detrimental affect on surrounding land uses and the public's healt
and welfare, or the conditions imposed herein have not been met. This permit ma
be extended by the Planning Commission for a reasonable period of time. I
granting such extension, the Planning Commission shall find that no substanti;
adverse affect on surrounding land uses or the public's health and welfare will rem
because of the continuation of the permitted use.
10. Signage shall be restricted to those areas shown on the site plan exhibit "At'. Siz
and content shall be approved by the Planning Director.
11. If the property owner/owners' address changes from that which is shown on th
conditional use permit application, a notice of a change of address shall b
reported, in writing, to the Planning Department within 30 days.
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~ PC RES0 NO. 3715 -3-
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1 12. This approval is subject to the issuance of a Coastal Development Permit or Permit
Exemption from the California Coastal Commission. 2
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13. Portable toilets shall be provided and maintained in a clean and operational
condition.
14. The applicant shall be responsible for post market clean-up and the cleaning and
locking of the portable toilets. The parking lot shall be restored to a trash free
environment immediately following the close of the farmer's market, no later than
6:OO p.m. The failure to maintain the trash free environment shall be grounds for
voiding the Conditional Use Permit.
15. The overflow parking area shall be barricaded along the street frontage of Paseo
del Node and the cul-de-sac known as Andersen Way so as to prohibit access
during hours that the market is not in operation, there shall be no requirement for
the parking lot to be completely covered with a minimum 4" layer of aggregate base
material unless and until the Planning Director determines there will be significant
detrimental efect to surrounding land uses and public health and welfare, and the
parking stalls shall be chalk striped to the satisfaction of the City Engineer.
16. Vehicular access from the cul-de-sac known as Andersen Way to the overflow
parking area shall be provided by a temporary ramp structure, or other suitable
device acceptable to the City Engineer. This device shall not block nor hinder
drainage and through traffic on the cul-de-sac known as Andersen Way.
17. The applicant shall post bonds, in an amount to the satisfaction of the City
Engineer, in the event of damage to public improvements on the cul-de-sac known
as Andersen Way caused by vehicles utilizing the overflow parking area.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of th
Planning Commission of the City of Carlsbad, California, held on the 7th day c
December, 1994, by the following vote, to wit:
AYES: Chairperson Savary; Commissioners Welshons, Nobk
Compas, Nielsen, Monroy.
NOES: Commissioner Erwin.
ABSENT: None.
ABSTAIN: None.
ATTEST
CARLSBAD PLANNING COMMISSION
PLANNING DIRECTOR
PC RES0 NO. 3715 -5-