HomeMy WebLinkAbout1997-03-05; Planning Commission; Resolution 3993r
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PLANNING COMMISSION RESOLUTION NO. 3993
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING AN
EXTENSION OF A CONDITIONAL USE PERMIT TO
CONTINUE TO ALLOW DANCING AND THE SALE OF
ALCOHOLIC BEVERAGES ON PROPERTY GENERALLY
LOCATED ON THE NORTHEAST CORNER OF ALGA ROAD
AND EL CAMINO REAL IN LOCAL FACILITIES
MANAGEMENT ZONE 6.
CASE NAME: CRAZY BURRO
CASE NO.: CUP 205(A)x2
WHEREAS, The Crazy Burro, “Developer”, has filed a verified applicatior
the City of Carlsbad regarding property owned by Westbluff Associates, “Owner”, describe
Parcel 1 of Map No. 10091, Carlsbad Tract No. 77-8(A) in the
City of Carlsbad, County of San Diego, State of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditiona
Permit Extension as shown on Exhibit “A’ dated July 9, 1981, on file in the Carlsbad Pla
Department (Conditional Use Permit CUP 205(A)x2), as provided by the conditio
approval of CUP 205(A) and Chapter 21.42 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 6th day of November
the 5th day of February 1997 and the 5th day of March 1997, hold a duly noticed 1
hearing as prescribed by law to consider said request; and
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 205(A)x2.
WHEREAS, on October 15th, 1986, the Planning Commission approv
CUP 205(A), as described and conditioned in Planning Commission Resolution No. 2626.
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WHEREAS, on January 2, 1991, the Planning Commission approved
205(A)x1, as described and conditioned in Planning Commission Resolution No. 3179.
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 205(A)x2, based o
following findings and subject to the following conditions:
Findings:
1. That the requested use is necessary or desirable for the development of the commm
essentially in harmony with the various elements and objectives of the General Plar
is not detrimental to existing uses specifically permitted in the zone in whicl
proposed use is located, in that it provides for a diverse economic and entertain
base and does not produce excessive noise or traffic.
2. That the site for the intended use is adequate in size and shape to accommodate the u
that all dancing and bar facilities continue to fit within the existing building ar
necessary parking continues to be accommodated in the existing parking lot.
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 existing building continues to be adeque
house the dancing and bar operations.
4. That the street system serving the proposed use is adequate to properly handle all 1
generated by the proposed use, in that Alga Road and El Camino Real are an
roadways.
Conditions:
1. The Planning Commission does hereby APPROVE the Conditional Use Perm
Extension for the project entitled Crazy Burro (CUP 205(A)x2) (Exhibit “A” date
July 9, 1981 on file in the Planning Department and incorporated by this reference
subject to the conditions herein set forth. Staff is authorized and directed to make, t
require Developer to make, all corrections and modifications to the Conditional U:
Permit document(s), as necessary, to make them internally consistent and
conformity with final action on the project. Development shall occur substantially :
shown in the approved Exhibits. Any proposed development substantially differe
fiom this approval, shall require an amendment to this approval.
PC RES0 NO. 3993 -2-
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This Conditional Use Permit is extended for a period of five (5) years from the dr
expiration, January 2,1996, to January 1,2001. This Conditional Use Permit sh,
reviewed by the Planning Director on a yearly basis to determine if all conditions o
permit have been met and that the use does not have a substantial negative effe
surrounding properties or the public health and welfare. If the Planning Dil
determines that the use has such substantial negative effects, the Planning Director
recommend that the Planning Commission, after providing the permittee the opporl
to be heard, add additional conditions to reduce or eliminate the substantial nei
effects, This permit may be revoked at any time after a public hearing, if it is founl
the use has a substantial detrimental effect on surrounding land uses and the pc
health and welfare, or the conditions imposed herein have not been met. This permi
be extended for a reasonable period of time not to exceed five (5) years upon w
application of the permittee made no less than 90 days prior to the expiration date.
Planning Commission may not grant such extension, unless it finds that there a
substantial negative effects on surrounding land uses or the public's health and welfa
a substantial negative effect on surrounding land uses or the public's health and well
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 extensior
Planning Commission may grant.
All conditions of approval imposed upon CUP 205(A)x1, as stated in Plal
Commission Resolution No. 3179, and CUP 205(A), as stated in Plal
Commission Resolution No. 2626, shall apply as conditions of approval for
205(A)x2 except as amended by Condition No. 2 of this Resolution.
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PC RES0 NO. 3993 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Plx
Commission of the City of Carlsbad, California, held on the 5th day of March 1997, b
following vote, to wit:
AYES: Chairperson Nielsen, Commissioners Compas, Heinc
Monroy, Noble, Savary and Welshons
NOES: None
ABSENT: None
ABSTAIN: None
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i( ROBeT NIELSEN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. H~ZMI~ER
Planning Director
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I PC RES0 NO. 3993 -4-