HomeMy WebLinkAbout1996-12-04; Planning Commission; Resolution 4018h /I e 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PLANNING COMMISSION RESOLUTION NO. 4018
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING AN
EXTENSION OF A CONDITIONAL USE PERMIT TO ALLOW
THE CONTINUED OPERATION OF A 921 SQUARE FOOT
DELICATESSEN ON PROPERTY LOCATED AT 2035 CORTE
DEL NOGAL IN LOCAL FACILITIES MANAGEMENT ZONE
5.
CASE NAME: JUDY’S DELI
CASE NO.: CUP 91-07x1
WHEREAS, Mission West Properties, “Developer”, has filed a ve
application with the City of Carlsbad regarding property owned by Mission West Propc
“Owner”, described as
Lot 10 of Carlsbad Tract No. 80-34, in the City of Carlsbad, County of
San Diego, State of California, according to Map thereof No. 10062,
filed in the Office of the County Recorder of San Diego County on
April 15,1981
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditiona
Permit Extension as shown on Exhibit “A” dated December 4, 1996, on file in the Car
Planning Department CUP 91-07x1, as provided by the conditions of approval of CUP !
and Chapter 21.42 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 4th day of December
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testil
and arguments, if any, of all persons desiring to be heard, said Commission considered all fi
relating to CUP 91-07x1.
WHEREAS, on August 7,1991, the Planning Commission approved CUP 9
07, as described and conditioned in Planning Commission Resolution No. 3285.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
0 0
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.
B) That based on the evidence presented at the public hearing, the Comm
APPROVES Conditional Use Permit Extension, CUP 91-07x1, based c
following findings and subject to the following conditions:
Findings: -
1. That the findings of Planning Commission Resolution No. 3285 are incorporated 1
by reference.
2. That the requested use is necessary or desirable for the development of the commun
essentially in harmony with the various elements and objectives of the General Plm
is not detrimental to existing uses specifically permitted in the zone in whic
proposed use is located, in that the existing delicatessen provides a desirable sew
the surrounding industrial park community and as conditioned does not
detrimental effects on the existing uses of the area.
3. That the site for the intended use is adequate in size and shape to accommodate the c
that a food preparation, waiting and display area is accommodated by the
square feet of lease space.
4. That all the yards, setbacks, walls, fences, landscaping, and other features necessa
adjust the requested use to existing or permitted future uses in the neighborhood w
provided and maintained, in that the delicatessen will be maintained as show
Exhibit “A”.
5. That the street system serving the proposed use is adequate to properly handle all t
generated by the proposed use, in that the deli has been in operation for five year!
there has been no evidence that this use has overtaxed the local street system.
~ Conditions:
1. The Planning Commission does hereby APPROVE the Conditional Use P’
Extension for the project entitled JUDY’S DELI (Exhibit “A” dated December 4, I
on file in the Planning Department and incorporated by this reference, subject ti
conditions herein set forth. Staff is authorized and directed to make, or require Deve
to make, all corrections and modifications to the Conditional Use Permit document(
necessary, to make them internally consistent and in conformity with final action o
project. Development shall occur substantially as shown in the approved Exhibits.
proposed development substantially different from this approval, shall requiI
amendment to this approval.
I PC RES0 NO. 4018 -2-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
0 e
2. CUP 91-07x1 is subject to all conditions contained in Planning Commission Reso
No. 3285 incorporated by reference herein except Condition No. 16 which is replac
Condition No. 3 below.
3. This Conditional Use Permit is granted for a period of five (5) years. This Condi
Use Permit shall be reviewed by the Planning Director on a yearly basis to detem
all conditions of this permit have been met and that the use does not have a subs1
negative effect on surrounding properties or the public health and welfare.
Planning Director determines that the use has such substantial negative effect
Planning Director shall recommend that the Planning Commission, after providir
permittee 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 I
hearing, if it is found that the use has a substantial detrimental effect on surroundin1
uses and the public’s health and welfare, or the conditions imposed herein have no1
met. This permit may be extended for a reasonable period of time not to exceed 5
upon written application of the permittee made no less than 90 days prior t
expiration date. The Planning Commission may not grant such extension, unless it
that there are no substantial negative effects on surrounding land uses or the pu
health and welfare. If a substantial negative effect on surrounding land uses (
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.
...
...
...
. ..
...
...
...
...
...
...
...
...
I 1 PC RES0 NO. 4018 -3 -
I/ e *
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16 I!
17
18
19
20
21
22
23
24
25
26
27
28
PASSED, APPROVED AND ADOPTED at a regular meeting of the Pla
Commission of the City of Carlsbad, California, held on the 4th day of December 1996 1
following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, Mc
Nielsen, Noble, Savary and Welshons
NOES: None
ABSENT: None
ABSTAIN: None
dLL
WILLIAM COMPAS, Chairperfon
CARLSBAD PLANNING COMMISSION
k. 5?&
ATTEST:
MICHAE . HOLZMIL~~R
Planning irector
PC RES0 NO. 4018 -4-