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HomeMy WebLinkAbout1992-05-20; Planning Commission; Resolution 3388. I/ 0 0 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 3388 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF CONDITIONAL USE PERMIT 224(A) AT THE CAMINO VIDA ROBLE. CASE NAME: J. C. DELI CASE NO: CUP 224(A)x1 WHEREAS, a verified application has been filed with the City of Carlsbac- J. C. DELI ON PROPERTY GENERALLY LOCATED AT 2382-A and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided b Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Plannin Commission did, on the 20th day of May, 1992, hold a duly noticed public hearing t consider said application on property described as: Parcel 1 of Parcel Map 6901 according to Map thereof, being a Division of Lot 4 Tract 73-49, unit 1, Map No. 8054 filed December 31, 1974. WHEREAS, at said public hearing, upon hearing and considering 2 testimony and arguments, if any, of all persons desiring to be heard, said Commissic considered all factors relating to CUP 224(A)x1. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissic of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. €3) That based on the evidence presented at the public hearing, the Cornmissi APPROVES CUP 224(A)x1, based on the following findings and subject to t following conditions: FiIldillES: 1. That the requested use is necessary or desirable for the development of 1 community, is essentially in harmony with the various elements and objectives the General Plan, and is not detrimental to existing uses or to uses specific2 permitted in the zone in which the proposed use is to be located; ll 0 0 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 2. That the site for the use is adequate in size and shape to accommodate the use; 3. 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; 4. That the street system serving the proposed use is adequate to properly handle a1 traffic generated by the proposed use. Conditions: 1. Approval of CUP 224(A)x1 is granted subject to all conditions of CUP 224 Planning Commission Resolution No. 2072, and CUP 224(A), Planning Commissior Resolution No. 2610, incorporated herein by reference and on file in the Planninl Department, except condition 13 of Planning Commission Resolution No. 2072 which is replaced by condition No. 2 below. 2. This conditional use permit is granted for a period of five years and seven month and twenty days from the date of expiration, or fiom October 1,1991 to May 2a 1997. This conditional use permit shall be reviewed by the Planning Director 01 a yearly basis to determine if all conditions of this permit have been met and tha the use does not have a significant detrimental impact on surrounding propertie or the public health and welfare. If the Planning Director determines that the us has such significant adverse impacts, the Planning Director shall recommend tha the Planning Commission, after providing the permittee the opportunity to b heard, add additional conditions to mitigate the significant adverse impacts. Thi permit may be revoked at any time after a public hearing, if it is found that th use has a significant detrimental effect on surrounding land uses and the public’ health and welfare, or the conditions imposed herein have not been met. Thi permit may be extended for a reasonable period of time not to exceed five (5 years upon written application of the permittee made no less than 90 days pric to the expiration date. In granting such extension, the Planning Commission sha find that no substantial adverse effect on surrounding land uses or the public health and welfare will result because of the continuation of the permitted us( If a substantial adverse effect on surrounding land uses or the public’s health an welfare is found, the extension shall be considered as an original application fc a conditional use permit. There is no limit to the number of extensions th Planning Commission may grant. ... ... ... ... PC RES0 NO. 3388 -2- I! e 0 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 2 I/ Commission of the City of Carlsbad, California, held on the 20th day of May, 1992, bl 3 /I the following vote, to wit: 4 5 6 i AYES: Chairperson Erwin, Commissioners: Schlehuber, Schramm Noble, Welshons, Savary & Hall. NOES: None. 7 I/ ABSENT: None. 8 9 10 ABSTAIN: None. -5"- .- {J"""-' TOM ERWIN, Chairperson CARLSBAD PLANNING COMMISSION 11 II ATTEST: 12 * 13 14 15 16 PLANNING DIRECTOR 17 18 19 I 2o I 21 22 23 24 25 26 /I 27 11 28 // PC RES0 NO. 3388 -3- I/