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HomeMy WebLinkAbout1997-03-05; Planning Commission; Resolution 3993r I- 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 e 0 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. P 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 e 0 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- P 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 2. 3. ... ... ... ... ... ... ... 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. I . .. ... ... PC RES0 NO. 3993 -3- 4 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 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 .. __.. ..~ /./$ 2 F”s’s” /+2A::\ / -/ :J n2 ‘\ Bg \.“+”” - .. \ __ .”. ~ --, .. ..”/ ~ - . cz_ i( ROBeT NIELSEN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. H~ZMI~ER Planning Director I ~ I PC RES0 NO. 3993 -4-