HomeMy WebLinkAbout1996-08-07; Planning Commission; Resolution 3970c
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PLANNING COMMISSION RESOLUTION NO. 3970
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING AN
EXTENSION OF A CONDITIONAL USE PERMIT TO ALLOW
AN EXISTING RESTAURANT ON PROPERTY GENERALLY
LOCATED AT 950 TAMARACK AVENUE IN LOCAL
FACILITIES MANAGEMENT ZONE 1,
CASE NAME: VILLAGE KITCHEN & PIE SHOPPE
CASE NO: CUP 2 13x2
THE ON-PREMISE SALE OF ALCOHOLIC BEVERAGES AT
WHEREAS, Forest Fisher has filed a verified application with the Cj
Carlsbad which has been referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request for a Condition2
Permit Extension on file in the Carlsbad Planning Department and as provided by the cond
of approval of CUP 213 as shown on Exhibit “A”, dated March 3, 1982 on file i
Carlsbad Planning Department, and Chapter 21.42 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Pla:
Commission did, on the 7th day of August , 1996, hold a duly noticed public hearing to cot
said application on property described as:
Lot 2 of Parcel Map 207, Map 6222
WHEREAS, at said public hearing, upon hearing and considering all testi~
and arguments, if any, of all persons desiring to be heard, said Commission considered all f:
relating to CUP 213x2.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pla
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 Corn
APPROVES the five year extension of Conditional Use Permit, CUP :
based on the following findings and subject to the following conditions:
Findings:
1. That the requested use is necessary or desirable for the development of the commw
essentially in harmony with the various elements and objectives of the General Pla
is not detrimental to existing uses specifically permitted in the zone in whic
proposed use is located, in that: 1) restaurants serving alcoholic beverages in thc
Neighborhood Commercial zone, are conditionally permitted uses; 2) the ex
restaurant is located within an existing freeway service facility which is sepa
from surrounding residential development by roadways and St. Patrick’s S
and Church; and 3) the family restaurant use is compatible with the surroul
neighborhood serving commercial uses.
2. That the site for the intended use is adequate in size and shape to accommodate the 1
that the restaurant use is located within an existing freeway service facility in I
restaurant uses are permitted.
3. That all the yards, setbacks, walls, fences, landscaping, and other features necess:
adjust the requested use to existing or permitted future uses in the neighborhood m
provided and maintained, in that the restaurant use is located within an ex1
facility providing all necessary improvements.
4. That the street system serving the proposed use is adequate to properly handle all 1
generated by the proposed use, in that the project is served by roadways F
currently operate at acceptable levels.
Conditions:
1. The Planning Commission does hereby approve the Conditional Use Permit Extel
for the continued on-premise sale of alcoholic beverage at an existing restat
project entitled “ Village Kitchen & Pie Shoppe” (Exhibits “A” on file in the Pla
Department and incorporated by this reference, dated March 3, 1982, subject t’
conditions herein set forth. Staff is authorized and directed to make or requir
Developer to make all corrections and modifications to the Conditional Use PC
Extension Documents, as necessary to make them internally consistent and confol
Planning Commission’s final action on the project. Development shall
substantially as shown on the approved exhibits. Any proposed develor
substantially different from this approval, shall require an amendment to this approve
2. This Conditional Use Permit is granted for a period of five years from April 28,
through April 28,2000. This Conditional Use Permit shall be reviewed by the Plar
Director on a yearly basis to determine if all conditions of this permit have been me
that the use does not have a substantial negative effect on surrounding properties c
public health and welfare. If the Planning Director determines that the use has
substantial negative effects, the Planning Director shall recommend that the Plar
PC RES0 NO. 3970 -2-
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Commission, after providing the permittee the opportunity to be heard, add addi
conditions to reduce or eliminate the substantial negative effects. This permit m
revoked at any time after a public hearing, if it is found that the use has a subs1
detrimental effect on surrounding land uses and the public’s health and welfare, I
conditions imposed herein have not been met. This permit may be extended
reasonable period of time not to exceed five years upon written application c
permittee made no less than 90 days prior to the expiration date. The Pla
Commission may not grant such extension, unless it finds that there are no subst
negative effects on surrounding land uses or the public’s health and welfare.
substantial negative effect on surrounding land uses or the public’s health and welf
found, the extension shall be denied or granted with conditions which will elimin;
substantially reduce such effects. There is no limit to the number of extension
Planning Commission may grant.
3. All conditions of approval imposed upon CUP 213x1 as stated in Plar
Commission Resolution No. 3057 shall apply as conditions of approval for
213x2 except as amended by Condition No. 2 above.
PASSED, APPROVED, AND ADOPTED at a regular meeting o the P1a1
Commission of the City of Carlsbad, California, held on the 7th day of August, 1996, b
following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, Monroy, Nie
Noble, Savary and Welshons
NOES: None
ABSENT: None
ABSTAIN: None
CARLSBAD PLANNING COMMISSION
ATTEST:
\ -
, MICHAEL J. HO~ZMKLER
Planning Director
PC RES0 NO. 3970 -3-