HomeMy WebLinkAbout1996-08-07; Planning Commission; Resolution 3961e 0
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PLANNING COMMISSION RESOLUTION NO. 3961
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CARLSBAD, CALIFORNIA,
APPROVING AN EXTENSION OF A CONDITIONAL
USE PERMIT TO ALLOW THE ON PREMISE SALE OF
ALCOHOLIC BEVERAGES AT AN EXISTING
RESTAURANT ON PROPERTY GENERALLY LO-
CATED IN THE WESTBLUFF PLAZA COMMERCIAL
CENTER AT THE NORTHEAST CORNER OF ALGA
ROAD AND EL CAMINO REAL.
CASE NAME: WESTBLUFF ASSOCIATES, LTD.
CASE NO: CUP 225x2
WHEREAS, Compass Capital Corporation, Westbluff Associates,
has filed a verified application with the City of Carlsbad which has been referred t
Planning Commission; and
WHEREAS, said verified application constitutes a request f
Conditional Use Permit Extension as shown on Exhibits “A”, “B” and “C”, (
January 3, 1983, on file in the Carlsbad Planning Department as provided b
conditions of approval of CUP (225x1) on file in the Planning Department an
provided by Chapter 21.42 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code,
Planning Commission did, on the 7fh day of August, 1996, hold a duly noticed p
hearing to consider said application on property described as:
Being a portion of the west half of the northeast quarter
of Section 26, Township 12 South, Range 4 West, San
Bernardino base meridian, in the City of Carlsbad,
County of San Diego, State of California.
WHEREAS, at said public hearing, upon hearing and considerin1
testimony and arguments, if any, of all persons desiring to be heard, said Commir
considered all factors relating to CUP 225x2.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the P1;
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing
Commission APPROVES Conditional Use Permit, CUP 225x2 bas
the following findings and subject to the following conditions:
Findings:
1. That the requested use is necessary or desirable for the development of the corn
is essentially in harmony with the various elements and objectives of the General
and is not detrimental to existing uses specifically permitted in the zone in whic
proposed use is located, in that: 1) restaurants serving alcoholic beverages in t
1 Neighborhood Commercial zone are conditionally permitted uses; 2
existing restaurant is located within the Westbluff Plaza commercial center I
is separated from surrounding residential development by roadways and tl
Costa Golf Course; and 3) the restaurant use is compatible with the surroul
neighborhood serving commercial uses within Westbluff Plaza.
2. That the site for the intended use is adequate in size and shape to accomrnoda
use, in that the restaurant use is located within an existing neighbor
commercial center in which restaurant uses are permitted.
3. That all the yards, setbacks, walls, fences, landscaping, and other features necess;
adjust the requested use to existing or permitted future uses in the neighborhooc
be provided and maintained, in that the restaurant use is located within an ex1
commercial center providing all necessary improvements.
4. That the street system serving the proposed use is adequate to properly hand
traffic generated by the proposed use, in that the project is served by major
prime arterial roadways which currently operate at acceptable levels.
Conditions:
1. The Planning Commission does hereby approve the Conditional Use PC
Extension for the continued on-premise sale of alcoholic beverages a
project entitled “Westbluff Associates, LTD. (Peking Gardens)”. (Exhibits
C” on file in the Planning Department and incorporated by this reference,
January 3, 1983), subject to the conditions herein set forth. Staff is autho
and directed to make or require the Developer to make all corrections
modifications to the Conditional Use Permit Extension Documents, as nece
to make them internally consistent and conform to Planning Commission’s
action on the project. Development shall occw substantially as shown 0:
PC RES0 NO. 3961 -2-
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approved exhibits. Any proposed development substantially different fior
approval, shall require an amendment to this approval.
2. This Conditional Use Permit is granted for a period of five years from Feb
9, 1995 through February 9, 2000. This Conditional Use Permit sh
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 ne;
effect on surrounding properties or the public health and welfare. If the Pla
Director determines that the use has such substantial negative effects, the Pla
Director shall recommend that the Planning Commission, after providin
permittee the opportunity to be heard, add additional conditions to redu
eliminate the substantial negative effects. This permit may be revoked at an!
after a public hearing, if it is found that the use has a substantial detrimental
on surrounding land uses and the public’s health and welfare, or the cond
imposed herein have not been met. This permit may be extended for a reaso
period of time not to exceed five years upon written application of the pen
made no less than 90 days prior to the expiration date. The Planning Commj
may not grant such extension, unless it finds that there are no substantial neg
effects on surrounding land uses or the public’s health and welfare. If a subst
negative effect on surrounding land uses or the public’s health and welfi
found, the extension shall be denied or granted with conditions which
eliminate or substantially reduce such effects. There is no limit to the numl
extensions the Planning Commission may grant.
3. All conditions of approval imposed upon CUP 225x1 as stated in Plan
Commission Resolution No. 3079 shall apply as conditions of approva
CUP 225x2 except as amended by Condition No. 2 above.
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PC RES0 NO. 3961 -3-
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1 PASSED, APPROVED, AND ADOPTED at a regular meeting oj
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Planning Commission of the City of Carlsbad, California, held on the 7th day of Ac
1996, by the following vote, to wit:
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AYES: Chairperson Compas, Commissioners Heineman, Mc
Nielsen, Noble, Savary and Welshons
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NOES: None
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ABSENT: None
ABSTAIN: None
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CARLSBAD PLANNING COMMISSION
ATTEST:
l8 MM iL”
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Planning Director
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28 PC RES0 NO. 3961 -4-