HomeMy WebLinkAbout1995-06-21; Planning Commission; Resolution 3780II
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PLANNING COMMISSION RESOLUTION NO. 3780
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW A DELI ON
PROPERTY GENERALLY LOCATED IN THE CARLSBAD
GATEWAY CENTER AT 5670 EL CAMINO REAL.
CASE NAME: GARDEN STATE BAGELS DELI
CASE NO: CUP 95-04
WHEREAS, a verified application has been filed with the City of Carlsb
referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request for a Condition
Permit as provided by Chapter 21.42 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the P1,
Commission did, on the 21st day of June, 1995, hold a duly noticed public hearing to c(
said application on property described as:
That portion of Parcels 1 and 2 in the City of Carlsbad, County of
San Diego, State of California, as shown on Parcel Map No. 10060,
filed in the Office of the County Recorder of said County, May 23,
1980.
WHEREAS, at said public hearing, upon hearing and considering all testimo
arguments, if any, of all persons desiring to be heard, said Commission considered all
relating to CUP 95-04.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Corn
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 APPR(
CUP 95-04, based on the following findings and subject to the following conditic
Findings :
1. That the requested use is necessary or desirable for the development of the corn
is essentially in harmony with the various elements and objectives of the general pls
is not detrimental to existing uses or to uses specifically permitted in the zone in
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the proposed use is to be located since the commercial use which serves the surro
industrial area is consistent with the Planned Industrial land use designation
compatible with the surrounding commercial uses permitted in Building “B”.
2. That the site for the intended use is adequate in size and shape to accommodate 1
since the deli will occupy 500 square feet of existing tenant space and will r
no exterior changes to the existing structure.
3, The features necessary to adjust the requested use to existing or permitted future
the neighborhood will be provided and maintained. The deli use will occupy an e
building; therefore, the only adjustments required are pavement graphics to ic
deli parking for two spaces and trash containers at the entrance.
4, The street system serving the proposed use is El Camino Real, a prime a
operating at acceptable levels. This roadway is adequate to properly hand
minimal additional traffic generated by the proposed use.
5. That the Planning Director has determined that the project is exempt fro
requirements of the California Environmental Quality Act (CEQA) per Section :
of the State CEQA Guidelines and will not have any adverse significant impact
environment.
6. The Planning Commission finds that the project, as conditioned herein for CUP
is in conformance with the Land Use Element of the City’s General Plan, based
following:
a. The deli project is consistent with Industrial Implementing Policy C.9
Land Use Element which specifies that ancillary commercial service use
as eating establishments which support industrial developments and
populations should be allowed in the industrial zones. The City C
previously determined that SDP 84-05 for the Gateway Center which
deli uses upon conditional use permit approval is consistent with the G
Plan.
7. The project is consistent with the City-Wide Facilities and Improvements Pla
applicable local facilities management plan, and all City public facility policir
ordinances since:
a. All necessary public improvements have been provided or are requi~
conditions of approval.
b. The developer has agreed and is required by the inclusion of an apprc
condition to pay a public facilities fee. Performance of that contract and pe
of the fee will enable this body to fmd that public facilities will be av
concurrent with need as required by the General Plan,
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PC RES0 NO. 3780 -2-
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8. The project is consistent with uses permitted in Building “B” of the Ca
Gateway Center as approved by SDP 84-05, dated April 9,1985.
9, The Planning Commission has reviewed each of the exactions imposed on the De1
contained in this resolution, and hereby finds, in this case, that the exactions are iT
to mitigate impacts caused by or reasonably related to the project, and the extent :
degree of the exaction is in rough proportionality to the impact caused by the prl
Conditions:
1. The Planning Commission does hereby approve the conditional use permit for tl
Project entitled “CUP 95-04 - GARDEN STATE BAGELS DELI”. (Exhibits “A”
on file in the Planning Department and incorporated by this reference, dated Ju
1995), subject to the conditions herein set forth. Staff is authorized and directed tc
or require the Developer to make all corrections and modifications to the Documc
necessary to make them internally consistent and conform to Planning Commission
action on the Project. Development shall occur substantially as shown on the ap:
exhibits. Any proposed development substantially different from this approval
require an amendment to this approval.
2. This Project shall comply with all conditions and mitigation measures which are re
as part of the Zone 5 Local Facilities Management Plan and any amendments rr
tRat Plan prior to the issuance of CERTIFICATE OF OCCUPANCY.
3. This Conditional Use Permit is granted for a period of five years. This Condition,
Permit shall be reviewed by the Planning Director on a yearly basis to determine
conditions of this permit have been met and that the use does not have a subs
negative affect on surrounding properties or the public health and welfare. If the Ph
Director determines that the use has such substantial negative effects, the Ph
Director shall recommend that the Planning Commission, after providing the per
the opportunity to be heard, add additional conditions to reduce or elimina
substantial negative effects. This permit may be revoked at any time after a
hearing, if it is found that the use has a substantial detrimental affect on surroundin
uses and the public’s health and welfare, or the conditions imposed herein have no
met. This permit may be extended for a reasonable period of the not to excee
years upon written application of the permittee made no less than 90 days prior
expiration date. The Planning Commission may not grant such extension, unless i
that there are no substantial negative affects on surrounding land uses or the PI
health and welfare. If a substantial negative affect on surrounding land uses I
public’s health and welfare is found, the extension shall be denied or granted
conditions which will eliminate or substantially reduce such effects. There is no li
the number of extensions the Planning Commission may grant.
4. No outdoor storage of material shall occur on-site unless required by the Fire Chi1
such instance a storage plan will be submitted for approval by the Fire Chief a
Planning Director.
PC RES0 NO. 3780 -3-
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5. The Developer shall comply with all applicable provisions of federal, state, an
ordinances in effect at the time of building permit issuance.
6. The Developer shall pay the public facilities fee adopted by the City Council on J
1987 (amended July 2, 1991) and as amended from time to time, and any devel
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Mu
Code or other ordinance adopted to implement a growth management system or &
and Improvement Plan and to fulfill the subdivider’s agreement to pay the public fi
fee dated March 13, 1995, a copy of which is on file with the City Clerk
incorporated by this reference. If the fees are not paid this application will
consistent with the General Plan and approval for this project will be void.
7. Two parking spaces in front of the deli shall be reserved for the exclusive use
customers. Both of these spaces shall be clearly marked with pavement gr:
Employee parking spaces shall be provided in the rear of the proposed deli.
8. There shall be placed and maintained in a clean and attractive condition, on4
container directly outside of the proposed deli. The container shall be com]
with the design of Building “B” and placed so that it does not obstruct pedc
circulation.
9. The deli may contain up to 5 tables andjor 10 chairs which do not 01
pedestrian access to the building entrances.
10. The maximum hours of operation of the proposed deli shall be 6:OO a.m. to 6:O
Monday through Friday and 7:OO a.m. to 4:OO p.m. on Saturday and SundaJ
11. All signs shall conform to the approved Carlsbad Gateway sign program, a
portable or temporary signs shall be permitted.
12. The delicatessen shall be restricted to the 500 square feet shown on Exhibib
“D”, dated June 21,1995, and on file in the Planning Department. No cookin;
take place on-site; only food preparation. No ovens or grills may be instal
operated within the deli area. A microwave oven may be used to heat food
steam table may be used for warming purposes,
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PC RES0 NO. 3780
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the P
Commission of the City of Carlsbad, California, held on the 21st day of June, 1995,
following vote, to wit:
AYES: Chairperson Welshons, Commissioners Erwin, Monroy, an^
NOES: Commissioners Compas, Nielsen, and Savary
ABSENT:
ABSTAIN:
ATTEST:
KIM WELSHONS, Chairperson
CARLSBAD PLANNING COMMISSION
PC RES0 NO. 3780 -5-