HomeMy WebLinkAbout2002-08-21; Planning Commission; ; CUP 250Bx2 - PALOMAR DELII City of CARLSBAD Planning Departmeit
A REPORT TO THE PLANNING COMMISSION
Conditional Use Permit Extension
Item No.@
Application complete date: January 4, 2002
P.C. AGENDA OF: August 21, 2002 Project Planner: Greg Fisher
Project Engineer: David Rick
SUBJECT: CUP 250(B)x2 -PALOMAR DELI -Request for a retroactive five-year
extension (from March 19, 2002 through March 18, 2007) of CUP 250(B)xl to
allow the continued operation of a delicatessen at 6150 Yarrow Drive, Suite "C,"
in the Planned Industrial Zone in Local Facilities Management Zone 5.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 5270
APPROVING a retroactive five-year extension of CUP 250(B)xl based upon the findings and
subject to the conditions contained therein.
II. INTRODUCTION
This proposed retroactive five-year extension of CUP 250(B)xl allows the continued operation
of the existing 1,080 square foot delicatessen at 6150 Yarrow Drive, Suite "C," from March 19,
2002 through March 18, 2007. The deli has been operated in conformance with the required
conditions of approval during the past five years.
III. PROJECT DESCRIPTION AND BACKGROUND
On August 6, 1997, the Planning Commission approved a five-year extension of CUP 250(B)xl
to allow the continued operation of the delicatessen located at 6150 Yarrow Drive, Suite "C."
That CUP expired on March 18, 2002. Condition No. 3 of the approving CUP Resolution No.
4131 specifies that CUP 250(B)xl is granted for a period of 5 years but may be extended upon
written application of the permittee. The applicant, James M. Shimabukuro, is requesting a 5-
year extension of CUP 250(B)xl to allow the continued operation of the delicatessen at this site.
This is, therefore, the second extension to the original CUP. The applicant applied for the CUP
extension in November 2001, 4 months prior to its expiration date and within the required time
frame.
IV. ANALYSIS
A. The delicatessen continues to be consistent with all applicable plans, policies and
regulations described below:
I. Carlsbad General Plan;
2. Local Facilities Management Plan 5;
CUP 250(B)x2 -P ALOM..,DELI
August 21, 2002
Page2
3. Palomar Airport CLUP; and
4. Title 21 of the Carlsbad Municipal Code.
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B. The adopted project findings for CUP 250(B)xl, which are contained in Planning
Commission Resolution No. 4131 still apply to this project (CUP 250(B)x2).
C. The adopted project conditions for CUP 250(B)xl, which are contained in Planning
Commission Resolution No. 4131 and incorporated herein by reference still apply to this
project (CUP 250(B)x2) with the exception of Condition No. 3 which is amended by
Condition No. 4 in Planning Commission Resolution No. 5270 to retroactively extend
CUP 250(B)xl for 5 years from March 19, 2002 through March 18, 2007.
D. No formal written complaints regarding CUP 250(B)xl have been submitted to the City.
E. Annual reviews have been conducted for CUP 250(B)xl during the time the project was
approved and the project is in compliance with all conditions of approval.
V. ENVIRONMENTAL REVIEW
The Planning Director has determined that this project is exempt from the requirements of the
California Environmental Quality Act (CEQA) per Section 15301, Existing Facilities, of the
State CEQA Guidelines and will not have any adverse significant impact on the environment.
The Planning Director will issue a Notice of Exemption upon final project determination.
ATTACHMENTS:
1. Planning Commission Resolution No. 5270 (CUP)
2. Location Map
3. Disclosure Statement
4. Background Data Sheet
5. Planning Commission Resolution No. 4131, dated August 6, 1997
6. Planning Commission Resolution No. 3367, dated March 18, 1992
7. Planning Commission Resolution No. 2613, dated October 1, 1986
8. Planning Commission Resolution No. 2318, dated July 11, 1984
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PALOMAR DELI
CUP 250(B)x2
--City of Carlsbad
. l=iFihhhl·l·J4•Fiih,t4hl
DISCLOSURE STATEMENT
Applicant's statement or disclosure of certain ownership interests on all applications which will require
discretionary action on the part of the City Council or any appointed Board, Commission or Committee.
The following information MUST be disclosed at the time of application submittal. Your project cannot
be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, fum, co-partnership, joint ve~e, 8$0~iati~ soeial . <:.11,ub, ftat.eni;ll
organization, corporation, estate, trust, receiver, syndieate, in this mtf atty other eOU$fjf, •~ ~ -,uqty, eity
municipality, distrlet 0r other political subdivision or any other group w combina~n ae-as a unit,"
Agents may sign this document; however, the leg~l name and entity of the aw,U~t a11d i,rqperiy e'WQ.er must lie
ptQvided below. · ·
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial
interest in the application. If the applicant includes a corporation or partnership. include the
names, title, addresses of all individuals owning more than 10% of the shares. IF NO
INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-
APPLICABLE (NIA) IN THE SPACE BELOW If a publicly-owned corporation, include the
names, titles, and addresses of the corporate officers. (A separate page may be attached if
necessary.)
Person:£4t111::S ;-1, Sf-11M,9:(39~12C> Corp/Part ___________ _
Title ____________ _ Title. ______________ _
Address L, f <' 0 YA1t.2c>t.J-1 D tZ.. Address _____________ _
2. OWNER (Not the owner's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership
interest in the property involved. Also, provide the nature of the legal ownership (i.e,
partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a
corporation or partnership. include the names, title, addresses of all individuals owning more
than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES,
PLEASE INDICATE NON-APPLICABLE (NIA) IN THE SPACE BELOW. If a publicly-
owned cotporation, include the names, titles, and addresses of the corporate officers. (A separate
page may be attached if necessary.)
Person Philip G. Esbensen Corp/Part James M. Shimabukuro
Title __ o_w_n_e_r ________ _ Title Owner
Address 6150 Yarrow Dr . : ;. Address 405 Mimosa Ave.
1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 @
--3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to ( l) or (2) above is a nonprofit organization or a trust, list the
names and addresses of ANY person serving as an officer or director of the non-profit
organization or as trustee or beneficiary of the.
Non Profit/Trust._________ Non Profit/Trust. __________ _
Title. ____________ _ Title. ______________ _
Address. ___________ _ Address. _____________ _
4. Have you had more than $250 worth of business transacted with any member of City staff,
Boards, Commissions, Committees and/or Council within the past twelve (12) months?
D Yes 0 No If yes, please indicate person(s):. _____________ _
NOTE:J\.ttacnacloitionalsheets if necessary.
Philip G. Esbensen James M. Shimabukuro
Print or type name of owner Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2
CASE NO:
-BACKGROUND DATA SHEET -
CUP 250(B)x2
CASE NAME: Palomar Deli ~==-~=c...-----------------------
APPLICANT: James M. ·Shimabukuro
REQUEST AND LOCATION: Extension of time for an existing delicatessen located at 6150
Yarrow Drive Suite C.
LEGAL DESCRIPTION: 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.
APN: 213-070-02 Acres: 1.10 Proposed No. of Lots/Units: ~N~/A ________ _
GENERAL PLAN AND ZONING
Land Use Designation: ~P=lann~e~d~I=n=d~us~tn=·=al~-----------------
Density Allowed: NI A Density Proposed: _N_/ A __________ _
Existing Zone: P-M Proposed Zone: N~/ A-=-------------
Surrounding Zoning and Land Use: (See attached for information on Carlsbad's Zoning
Requirements)
Zoning Land Use
Site P-M (Industrial) Industrial
North P-M Industrial
South P-M Industrial
East P-M Industrial
West P-M Industrial
PUBLIC FACILITIES
School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity): N~/A-=-----------------
ENVIRONMENTAL IMPACT ASSESSMENT
D Negative Declaration, issued. ___________________ _
D Certified Environmental Impact Report, dated ______________ _
~ Other, Categorical Exemption 15301 -Existing facilities
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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 250ffi)xl
WHEREAS, James Shimbukro, "Developer", has filed a verified application
with the City of Carlsbad regarding property owned by KPLR at Palomar, "Owner", described
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 Use
Permit Extension on file in the Carlsbad Planning Department, as provided by the conditions of
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, 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 testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to CUP 250(B)xl.
WHEREAS, on March 18, 1992, the Planning Commission approved CUP
250(B), as described and conditioned in Planning Commission Resolution No. 3367.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Com.mission 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 Planning
Commission APPROVES Conditional Use Permit Extension CUP 250(B)xl,
based on the following findings and subject to the following conditions:
Findings:
l. All Findings of Planning Commission Resolutions No. 3367, 2613 and 2318 apply to
this conditional use permit and are incorporated herein by reference.
2. That the requested use is necessary or desirable for the development of the community, is
essentially in harmony with the various elements and objectives of the General Plan, and
is not detrimental to existing uses specifically permitted in the zone in which the
proposed use is located, in that the delicatessen is consistent with Land Use Element,
Industrial Objective B.6., by serving the commercial or lunch time needs of
employees in an industrial area.
3. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the delicatessen has operated at the present site for at least 13 years without
incident.
4. That all the yards, setbacks, walls, fences, landscaping, and other features necessary to
adjust the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that all setback and parking requirements have been
complied with as evidenced by the 13 year operation of the facility and the fact that
no complaints have been registered regarding the delicatessen.
5. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the delicatessen has utilized the existing parking
lot and street system successfully for many years and the use is not proposed to be
expanded in size or by additional traffic.
Conditions:
l. The Planning Commission does hereby APPROVE the Conditional Use Permit
Extension for the project entitled Palomar Deli 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, or require Developer to make, all corrections and
modifications to the Conditional Use Permit document(s), as necessary, to make them
internally consistent and in conformity with final action on the project. Development
shall occur substantially as shown in the approved Exhibits. Any proposed development
substantially different from this approval, shall require an amendment to this approval.
PC RESONO. 4131 -2-
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Approval of CUP 250(B)x1 is granted subject to all conditions of Planning Commission
Resolution No. 3368, incorporated herein by reference and on file in the Planning
Department except that Condition No. 3 is replaced with Condition No. 3 below.
This Conditional Use Permit is granted for a period of five years from the date of
expiration, or from March 18, 1997 to March 18, 2002. This Conditional Use Permit
shall be reviewed by the Planning Director on a yearly basis to determine if all conditions
of this permit have been met and that the use does not have a substantial negative effect
on surrounding properties or the public health and welfare. If the Planning Director
determines that the use has such substantial negative effects, the Planning Director shall
recommend that the Planning Commission, after providing the permittee the opportunity
to be heard, add additional conditions to reduce or eliminate the substantial negative
effects. This permit may be revoked at any time after a public hearing, if it is found that
the use has a substantial detrimental effect on surrounding land uses and the public's
health and welfare, or the conditions imposed herein have not been met. This permit may
be extended for a reasonable period of time not to exceed five years upon written
application of the permittee made no less than 90 days prior to the expiration date. The
Planning Commission may not grant such extension, unless it finds that there are no
substantial negative effects on surrounding land uses or the public's health and welfare.
If a substantial negative effect on surrounding land uses or the public's health and welfare
is found, the extension shall be denied or granted with conditions which will eliminate or
substantially reduce such effects. There is no limit to the number of extensions the
Planning Commission may grant.
PC RESO NO. 4131 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 6th day of August 1997, by the
following vote, to wit:
AYES: Chairperson Nielsen, Commissioners Compas, Heineman,
Monroy, Noble, Savary and Welshons
NOES: None
ABSENT: None
ABSTAIN: None
ROBERT NIELSEN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0NO. 4131 -4-
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PLANNING COMMISSION RESOLUTION NO. 3367
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING AN
AMENDMENT TO A CONDITIONAL USE PERMIT TO ALLOW
TABLES AND CHAIRS AT THE PALOMAR DELI ON
PROPERTY GENERALLY LOCATED AT 6150 YARROW
DRIVE.
CASE NAME: LLOYD KIM
CASE NO: CUP 2S0(B)
WHEREAS, a verified application has been filed with the City of Carlsbad
and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided by
Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on the 18th day of March, 1992, hold a duly noticed public hearing to
consider said application on property described as:
Lot 2 of Carlsbad Tract 79-14, according to Map No. 9744 in
the City of Carlsbad, County of San Diego, State of California,
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of all persons desiring to be heard, said Commission
considered all factors relating to CUP 2S0(B).
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
APPROVES CUP 250(B), based on the following findings and subject to the
following conditions:
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----Findings:
1.
2.
3.
4.
That the requested use is necessary or desirable for the development of the
community, is essentially in harmony with the various elements and objectives of
the general plan, and is not detrimental to existing uses or to uses specifically
permitted in the zone in which the proposed use is to be located;
That the site for the intended use is adequate in size and shape to accommodate
the use;
That all of the yards, setbacks, walls, fences, landscaping, and. other features
necessary to adjust the requested use to existing or permitted future uses in the
neighborhood will be provided and maintained;
That the street system serving the proposed use is adequate to properly handle all
traffic generated by the proposed use.
Conditions:
1. Approval of CUP 2SO(B) is granted subject to all conditions of CUP 2SO(A),
Planning Commission Resolution No. 2613, and CUP 250, Planning Commission
Resolution No. 2318, incorporated herein by reference and on file in the PJanning
Department, except that condition no>s. 7 and 12 of Planning Commission
Resolution No. 2318 are replaced with condition no's 2 and 3 below.
2. The delicatessen may contam a maxunum of £ive (5) tables and/or ten (10) chairs
for the consumption of food on the premises.
3. This conditional use permit is granted for a period of seven years and nine months
from the date of expiration, or from July 11, 1989 to March, 18, 1997. This
conditional use permit shall be reviewed by the Planning Director on a yearly basis
to detennine if all conditions of this permit have been met and that the use does
not have a significant detrimental impact on surrounding properties or the public
health and welfare. If the Planning Director determines that the use has such
significant adverse impacts, the Planning Director shall recommend that the
Planning Commission, after providing the permittee the opportunity to be heard,
add additional conditions to mitigate the significant adverse impacts. This permit
may be revoked at any time after a public hearing, if it is found that the use has
a significant detrimental effect on surrounding land uses and the public's health
and welfare, or the conditions imposed herein have not been met. This permit
may be extended for a reasonable period of time not to exceed five (5) years upon
written application of the perrnittee made no less than 90 days prior to the
expiration date. In granting such extension, the Planning Commission shall find
that no substantial adverse effect on surrounding land uses or the public's health
and welfare will result because of the continuation of the permitted use. If a
substantial adverse effect on surrounding land uses or the public's health and
welfare is found, the extension shall be considered as an original application for
a conditional use permit. There is no limit to the number of extensions the
Planning Commission may grant.
PC RESO NO. 3367 -2-
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4. Any additional sewer fees required because of the allowance of seating shall be
paid in accordance with City Ordinances.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 18th day of March, 1992, by
the following vote, to wit:
AYES: Chairperson Erwin, Commissioners: Schlehuber, Schramm,
Holmes, Savary, Noble & Hall.
NOES: None.
ABSENT: None.
ABSTAIN: None.
ATTEST:
1~, MlCHAELJ.OLZLER
PLANNING DIRECTOR
PC RESO NO. 3367
TOM ERWIN, Chairperson
CARLSBAD PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 2613
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING AN APPROVED CONDITIONAL USE
PERMIT TO ALLOW A TAKE-OUT SANDWICH SHOP ON PROPERTY
GENERALLY LOCATED IN SUITE CAT 6150 YARROW DRIVE.
APPLICANT: LLOYD KIM
CASE NO: CUP-250(A)
WHEREAS, a verified application has been filed with the
City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code,
the Planning Commission did, on the 1st day of October, 1986, hold
a duly noticed Public Hearing to consider said application on
property described as:
Lot 2, Carlsbad Tract No. 79-14 Map 9744, APN 213-070-
14 02.
15 WHEREAS, at said public hearing, upon hearing and
16 considering all testimony and arguments, if any, of all persons
17 desiring to be heard, said commission considered all factors
18 relating to CUP-250 (A).
19 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
20 Commission of the City of Carlsbad as follows:
21 A)
22 B)
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That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing,
the Commission APPROVES CUP-250(A), based on the following
findings and subject to the following conditions:
24 Findings:
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The proposed use is necessary and desirable for the
development of the community, is essentially in harmony with
the various elements and objectives of the General Plan, and
is not detrimental to existing uses or to uses specifically
permitted in this zone.
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The subject property is adequate in size and shape to
accommodate the proposed use.
All of the yards, setbacks, walls, fences, landscaping and
other features necessary to adjust the requested use to
existing and permitted future uses in the neighborhood will be
provided and maintained.
The street system serving the subject property is adequate to
properly handle all traffic generated by the proposed use.
This project will not cause any significant environmental
impacts and has undergone previous environmental review,
therefore, the Planning Director has issued a Notice of Prior
Compliance on September 20, 1986 and approved by the Planning
Commission on October 1, 1986.
9 Conditions:
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All of the conditions of Resolution 2318, except for Condition
No. 6 are hereby incorporated by reference and shall be
complied with in their entirety.
Condition No. 6 shall be amended to read as follows:
At the time of a lease agreement, the property owner or his
agent shall inform any sbsequent operator of the take-out
sandwich shop that a conditional use permit has been issued
for the operation and that the new operator must abide by the
conditions of the permit.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
17 Planning Commission of the City of Carlsbad, California, held on
18 the 1st day of October, 1986, by the following vote, to wit:
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AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
PC RESO NO. 2 61 3
Chairman Schlehuber, Commissioners: Marcus,
McFadden, Schramm, McBane & Hall.
None.
Commissioner Holmes.
None.
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CLARENCE SCHLEHUBER, Chairman
CARLSBAD PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 2318
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT
TO ALLOW A TAKE-OUT SANDWICH SHOP ON PROPERTY GENERALLY
LOCATED IN SUITE CAT 6150 YARROW DRIVE.
APPLICANT: LLOYD KIM
CASE NO.: CUP-250
City of
WHEREAS, a verified application has been filed with the
Carlsbad and referred to the Planning Commissioni and
WHEREAS, said verified application constitutes a request
as provided by Title 21 of the Carlsbad Municipal Codei and
WHEREAS, pursuant to the provisions of the Municipal Code,
the Planning Commission did, on the 11th day of July, 1984, hold a
duly noticed public hearing to consider said application on
property described as:
Lot 2, Carlsbad Tract No. 79-14 Map 9744, APN 213-070-
02.
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all persons
desiring to be heard, said Commission considered all factors
relating to CUP-250.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A)
B)
That the above recitations are true and correct.
That based on the evidence presented at the public hearing,
the Commission APPROVES CUP-250, based on the following
findings and subject to the following conditions:
Findings:
1 )
/Ill
The proposed use is necessary and desirable for the
development of the community, is essentially in harmony with
the various elements of the General Plan and is not
detrimental to existing uses or to uses specifically permitted
in this zone.
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The subject property is adequate in size and shape to
accommodate the proposed use as discussed in the staff report.
All of the yards, setbacks, walls, fences, landscaping and
other features necessary to adjust the requested use to
existing and permitted future uses in the neighborhood will be
provided and maintained.
The street system serving the subject property is adequate to
properly handle all traffic generated by the proposed use as
discussed in the staff report.
The project will not cause any significant environmental
impacts and a Negative Declaration has been issued by the Land
Use Planning Manager on May 23, 1984, and approved by the
Planning Commission on July 11, 1984.
Condit ions: 10
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Approval is granted for CUP-250, as shown on Exhibit "A", date
April 24, 1984, incorporated by reference and on file in the
Land Use Planning Office. Development shall occur
substantially as shown unless otherwise noted in these
conditions.
Approval of this request shall not excuse compliance with all
sections of the Zoning Ordinance and all other applicable City
ordinances in effect at time of building permit issuance.
At the time of building plan review, the applicant shall
present a set of floor plans to the Engineering Department.
They shall determine the increase in sewer capacity (if any)
required by the change in use. The applicant shall pay for
any additional capacity required prior to the issuance of a
building permit.
19 Land use Planning Office
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6)
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Any signs proposed for this development shall be designed in
conformance with the City's Sign Ordinance and shall require
review and approval of the Land Use Planning Manager prior to
installation of such signs.
The hours of operation of the proposed sandwich shop shall be
7:00 a.m. to 4:00 p.m., Monday through Friday.
This approval is granted to Lloyd Kim and is not assignable to
others.
This business shall operate on a take-out basis only, no
tables or chairs shall be provided for the consumption of food
on premises.
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Two parking spaces adjacent to Suite C shall be reserved for
the exclusive use of the proposed sandwich shop.
No ovens or grills shall be allowed on the premises, except
for microwave ovens for heating up sandwiches.
The sandwich shop shall be confined to the 880 square-foot
area shown on Exhibit "A 11 •
Advertisements for the proposed sandwich shop shall emphasize
that it is a take-out sandwich shop and suggest that potential
customers phone in their orders ahead of time.
This conditional use permit is granted for a period of five
years. This conditional use permit shall be reviewed by the
Land Use Planning Manager on a yearly basis to determine if al
conditions of this permit have been met and that the use does
not have a significant detrimental impact on surround-
ing properties or the public health and welfare. If the Land
Use Planning Manager determines that the use has such
significant adverse impacts, the manager shall recommend that
the Planning Commission, after providing the permittee the
opportunity to be heard, add additional conditions to mitigate
the significant adverse impacts. This permit may be revoked a
any time after a public hearing, if it is found that the use
has a significant detrimental affect on surrounding land uses
and the public's health and welfare, or the conditions imposed
herein have not been met. This permit may be extended for a
reasonable period of time not to exceed five years upon writte
application of the permittee made not less than 90 days prior
to the expiration date. In granting such extension, the
Planning Commission shall find that no substantial adverse
affect on surrounding land uses or the public's health and
welfare will result because of the continuation of the
permitted use. If a substantial adverse affect on surrounding
land uses or the public's health and welfare is found, the
extension shall be considered as an original application for a
conditional use permit. There is no limit to the number of
extensions the Planning Commission may grant.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 11th day of July, 1984, by the following vote, to wit:
AYES: Chairman Rombotis, Commissioners Marcus, Farrow,
Schlehuber, McFadden, Rawlins and Smith.
ATTEST:
NOES: None.
ABSENT: None.
ABSTAIN: None.
~~:,
LAND USE PLANNING MANAGER
PC RESO NO. 2318
ci4i~~an
CARLSBAD PLANNING COMMISSION
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