HomeMy WebLinkAbout1997-08-06; Planning Commission; Resolution 4131fi i
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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.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plar
Commission of the City of Carlsbad as follows:
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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-
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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.
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PC RES0 NO. 4131 -3 -
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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-