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HomeMy WebLinkAbout1997-08-06; Planning Commission; Resolution 4131fi 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 0 e PLANNING COMMISSION RESOLUTION NO. 4131 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 DELICATESSEN ON PROPERTY LOCATED AT 1650 YARROW DRIVE, SUITE C, IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: PALOMAR DELI CASE NO.: CUP 250(B)x1 WHEREAS, James Shimbukro, “Developer”, has filed a verified applic with the City of Carlsbad regarding property owned by KPLR at Palomar, “Owner”, desc as Lot 2 of Carlsbad Tract No. 79-14, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 9744, filed in the office of the County Recorder of San Diego County, August 5,1980 (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Permit Extension on file in the Carlsbad Planning Department, as provided by the conditio approval of CUP 250(B) and Chapter 21.50 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 6th day of August 1997, a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testir and arguments, if any, of all persons desiring to be heard, said Commission considered all fa relating to CUP 250(B)x1. WHEREAS, on March 18, 1992, the Planning Commission approved 250(B), as described and conditioned in Planning Commission Resolution No. 3367. 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plar Commission of the City of Carlsbad as follows: 1 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 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Pla Commission APPROVES Conditional Use Permit Extension CUP 250c~ based on the following findings and subject to the following conditions: Findings: 1. All Findings of Planning Commission Resolutions No. 3367,2613 and 2318 app this conditional use permit and are incorporated herein by reference. 2. That the requested use is necessary or desirable for the development of the communi .essentially in harmony with the various elements and objectives of the General Plan, is not detrimental to existing uses specifically permitted in the zone in which proposed use is located, in that the delicatessen is consistent with Land Use Elen Industrial Objective B.6., by serving the commercial or lunch time need employees in an industrial area. 3. That the site for the intended use is adequate in size and shape to accommodate the LC that the delicatessen has operated at the present site for at least 13 years wit1 incident. 4. That all the yards, setbacks, walls, fences, landscaping, and other features necessar adjust the requested use to existing or permitted future uses in the neighborhood wi provided and maintained, in that all setback and parking requirements have 1 complied with as evidenced by the 13 year operation of the facility and the fact no complaints have been registered regarding the delicatessen. 5. That the street system serving the proposed use is adequate to properly handle all tr: generated by the proposed use, in that the delicatessen has utilized the existing par1 lot and street system successfully for many years and the use is not proposed tc expanded in size or by additional traffic. Conditions: 1. The Planning Commission does hereby APPROVE the Conditional Use Pe: Extension for the project entitled Palornar Deli on file in the Planning Department incorporated by this reference, subject to the conditions herein set forth.) Staf authorized and directed to make, or require Developer to make, all corrections modifications to the Conditional Use Permit document(s), as necessary, to make t internally consistent and in conformity with final action on the project. Developr shall occur substantially as shown in the approved Exhibits. Any proposed developr substantially different from this approval, shall require an amendment to this approval ... 1 PC RES0 NO. 4131 -2- 7 \ 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 2. Approval of CUP 250(B)x1 is granted subject to all conditions of Planning Commi Resolution No. 3368, incorporated herein by reference and on file in the ‘Plar Department except that Condition No. 3 is replaced with Condition No. 3 below. 3. This Conditional Use Permit is granted for a period of five years from the dal expiration, or from March 18, 1997 to March 18, 2002. This Conditional Use PC shall be reviewed by the Planning Director on a yearly basis to determine if all cond? of this permit have been met and that the use does not have a substantial negative e on surrounding properties or the public health and welfare. If the Planning Dirc determines that the use has such substantial negative effects, the Planning Director recommend that the Planning Commission, after providing the permittee the opportl to be heard, add additional conditions to reduce or eliminate the substantial neg: effects. This permit may be revoked at any time after a public hearing, if it is found the use has a substantial detrimental effect on surrounding land uses and the pub health and welfare, or the conditions imposed herein have not been met. This permit be extended for a reasonable period of time not to exceed five years upon wr 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 arc substantial negative effects on surrounding land uses or the public’s health and we1 If a substantial negative effect on surrounding land uses or the public’s health and we1 is found, the extension shall be denied or granted with conditions which will eliminat substantially reduce such effects. There is no limit to the number of extensions Planning Commission may grant. ... ... ... ... ... ... ... ... ... PC RES0 NO. 4131 -3 - I 1 7 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 ()I PASSED, APPROVED AND ADOPTED at a regular meeting of the Pla Commission of the City of Carlsbad, California, held on the 6th day of August 1997, b; following vote, to wit: AYES: Chairperson Nielsen, Commissioners Compas, Heine Monroy, Noble, Savary and Welshons NOES: None ABSENT: None ABSTAIN: None .... r ,.,,,I.. ""* +"' $ J ,.- 3 ' .* "A >- *- '/A" J/,.-CN ,Y ,-&- --%, c p-) $8 L "" "/L---'.---"",: "3 ROBERT NIELSEN, Chairperson CAKSBAD PLANNING COMMISSION : .> ATTEST: J MICHAEL J. HOLZM~~ER Planning Director PC RES0 NO. 413 1 -4-