HomeMy WebLinkAbout1995-10-04; Planning Commission; Resolution 3800L-
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PLANNING COMMISSION RESOLUTION NO. 3800
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA, APPROVING
A CONDITIONAL USE PERMIT EXTENSION FOR A
FARMERS MARKET ON PROPERTY GENERALLY
LOCATED WITHIN THE NORTHERN SECTION OF THE
PEA SOUP ANDERSENS PARKING LOT AT 850
PALOMAR AIRPORT ROAD, IN LOCAL FACILITIES
MANAGEMENT ZONE 3.
CASE NAME CARLSBAD CERTIFIED FARMERS
MARKET
CASE NO: CUP 94-07x1
WHEREAS, a verified application has been filed with the City of CS
and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request for a cond
use permit extension as provided by Chapter 21.54 of the Carlsbad Municipal Code
WHEREAS, pursuant to the provisions of the Municipal Code, the P1;
Commission did, on the 4th day of October, 1995, hold a duly noticed public heal
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 all test
and arguments, if any, of all persons desiring to be heard, said Commission considel
factors relating to CUP 94-07x1.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plz
Commission of the City of Carlsbad as follows: 1 ....
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Coml
APPROVES CUP 94-07x1, based on the following findings and subject
following conditions:
Findings:
1. That the requested use is desirable for the development of the commu~
essentially in harmony with the various elements and objectives of the genera
has been operated at a location on the site and during hours that have not (
conflict with existing onsite uses and have therefore not been detrimental to e
uses or to other uses specifically permitted in the C-T zone;
2. That the site being used is adequate in size and shape to accommodate the Fa
Market and required parking;
3. The Farmer's Market is consistent with the intent of the Mello I1 segment
Local Coastal Program;
4. That the street system serving the proposed use is adequate to properly hanc
traffic generated by the proposed use.
5. That a reasonable extension of time is two (2) years.
Conditions:
1. Approval is granted for Conditional Use Permit 94-07x1, as shown on Exhil
dated October 4, 1995, and except as provided hereafter, all conditions I
original approval found in Planning Commission Resolution #3715 for the Car
Certified Farmers Market, shall remain in full force and effect.
2. Condition No. 9 of Planning Commission Resolution #3715, dated December 7,
is amended to read as follows: this Conditional Use Permit extension is grant
a period of two (2) years to expire June 6,1997. This Conditional Use Permi
be reviewed by the Planning Director on a yearly basis to determine if all conc.
of this permit have been met and that the use does not have a substantial nei
affect on surrounding properties or the public health and welfare. If the Pla
Director determines that the use has such substantial negative effects, the Pla
Director shall recommend that the Planning Commission, after providin
permittee the opportunity to be heard, add additional conditions to redu
eliminate the substantial negative effects. This permit may be revoked at anj
after a public hearing, if it is found that the use has a substantial detrimental
on surrounding land uses and the public's health and welfare, or the cond
imposed herein have not been met. This permit may be extended for a reaso
period of time not to exceed two (2) years upon written application of the pem
made no less than 90 days prior to the expiration date. The Planning Comm
PC RES0 NO. 3800 -2-
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may not grant such extension, unless it finds that there are no substantial nc
affects on surrounding land uses or the public’s health and welfare. If a subs
negative affect on surrounding land uses or the public’s health and welfare is
the extension shall be denied or granted with conditions which will elimin
substantially reduce such effects. There is no limit to the number of extensic
Planning Commission may grant.
5 PASSED, APPROVED, AND ADOPTED at a regular meeting
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Planning Commission of the City of Carlsbad, California, held on the 4th day of O(
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1995, by the following vote, to wit:
AYES: Chairperson Welshons, Commissioners Compas, Erwin, N
9 Noble and Savary.
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NOES: None
ABSENT: Commissioner Monroy
ABSTAIN: None
& L4LdA
KIM WlkSHONS, Chairperson
CARLSBAD PLANNING COMMISSIOP
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ATTEST
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22 11 Planning Director
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PC RES0 NO. 3800 -3-