HomeMy WebLinkAbout1992-05-20; Planning Commission; Resolution 3388. I/ 0 0
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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;
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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.
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PC RES0 NO. 3388 -2-
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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:
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AYES: Chairperson Erwin, Commissioners: Schlehuber, Schramm
Noble, Welshons, Savary & Hall.
NOES: None.
7 I/ ABSENT: None.
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ABSTAIN: None. -5"- .-
{J"""-'
TOM ERWIN, Chairperson
CARLSBAD PLANNING COMMISSION
11 II ATTEST: 12 *
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PLANNING DIRECTOR
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