HomeMy WebLinkAbout2000-06-21; Planning Commission; Resolution 4783.
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PLANNING COMMISSION RESOLUTION NO. 4783
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF COASTAL DEVELOPMENT PERMIT CDP 99-
05 TO ALLOW A RESTAURANT ON PROPERTY
GENERALLY LOCATED AT THE SOUTHWEST CORNER OF
THE INTERSECTION OF PALOMAR AIRPORT ROAD AND ARMADA DRIVE IN LOCAL FACILITIES MANAGEMENT
ZONE 5.
CASE NAME: OSCAR’S CARLSBAD
CASE NO.: CDP 99-55
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9 WHEREAS, S & C Company, Inc., “Developer,” has filed a verified application
10 with the City of Carlsbad regarding property owned by Pricesmart, Inc, “Owner,” described as
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Parcel 1 of Parcel Map No. 17542, in the City of Carlsbad,
County of San Diego, State of California, filed in the Office of the
County Recorder of San Diego County, June 27,1995
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” - “J” dated June 7,2000, on file in the Planning
Department, OSCAR’S CARLSBAD - CDP 99-55 as provided by Chapter 21.201.040 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 7th day of June, 2000 and on
the 21st day of June, 2000, hold a duly noticed public hearing as prescribed by law to consider
21 (I said request; and
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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
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relating to the CDP.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
4 That the foregoing recitations are true and correct.
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9 That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of OSCAR’S CARLSBAD - CDP 99-55 based
on the following findings and subject to the following conditions:
FindinPs:
1. That the proposed development is in conformance with the Mello II Segment of the
Certified Local Coastal Program (LCP) and all applicable policies in that the site is
designated as a commercial site and is consistent with the LCP Land Use Plan.
2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the project is located outside of the coastal shoreline
development overlay zone. Therefore, compliance with the public access and
recreation policies of Chapter 3 of the Coastal Act is not required.
3. The project is consistent with the provisions of the Coastal Resource Protection
Overlay Zone (Chapter 21.03 of the Zoning Ordinance) in that the project will
adhere to the City’s Master Drainage and Storm Water Quality Management Plan
and Grading Ordinance to avoid increased runoff and soil erosion, no steep slopes
or native vegetation is located on the subject property and the site is not located in
an area prone to landslides, or susceptible to accelerated erosion, floods or
liquefaction.
4. The project is not located in the Coastal Agriculture Overlay Zone, according to Map X
of the Land Use Plan, certified September 1990 and, Agricultural Conversion
Mitigation Fees are not required in accordance with the provisions of the Coastal
Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance).
5. The project is not located between the sea and the first public road parallel to the sea and,
therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay
Zone (Chapter 21.204 of the Zoning Ordinance).
Conditions:
1. The applicant shall apply for and be issued building permits for this project within two
(2) years of approval or this coastal development permit will expire unless extended per
Section 2 1.201.2 10 of the Carlsbad Municipal Code.
2. If a grading permit is required, all grading activities shall be completed by October 1st.
Grading activities shall be limited to the “dry season”, April 1st to October 1 st of each
year. Grading activities may be extended to November 15th upon written approval of the
City Engineer and only if all erosion control measures are in place by October 1st.
3. This approval is granted subject to the approval of the Negative Declaration, SDP 90-
05(F) and CUP 99-28 and is subject to all conditions contained in Planning Commission
Resolutions 4780,478 1, and 4782 for those other approvals.
PC RESO NO. 4783 -2-
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NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given
a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 21st day of June, 2000, by the
following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, L’Heureux,
Nielsen, Segall, and Trigas
ABSENT: Commissioner Baker
ABSTAIN:
WILLIAM COMPAS, Chair&son
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RESO NO. 4783 -3-