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HomeMy WebLinkAbout2000-08-02; Planning Commission; Resolution 48111 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 PLANNING COMMISSION RESOLUTION NO. 4811 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO CONSTRUCT A SHOPPING CENTER, INCLUDING TWO SPECIALTY RETAIL BUILDINGS AND A DRIVE THROUGH DRUG STORE ON PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF RANCH0 SANTE FE ROAD AND LA COSTA AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 11. CASE NAME: RANCH0 LA COSTA VILLAGE CASE NO.: CUP 00-22 WHEREAS, Cynthia Bell & Associates, Inc., “Developer,” has tiled a verified application with the City of Carlsbad regarding property owned by La Costa Village, Inc., “Owners,” described as: Parcel 2 of Parcel Map No. 12586, in the City of Carlsbad, County of San Diego, State of California, recorded on February 25,1983 as file/page No. 83-060578 of official records in the office of the County Recorder of San Diego County. (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit as shown on Exhibits “A” - “Q” dated August 2, 2000 on file in the Planning Department, RANCH0 LA COSTA VILLAGE, CUP 00-22 as provided by Chapters 21.42 and 21.50 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 2nd day of August, 2000, 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 persons desiring to be heard, said Commission considered all factors relating to the CUP. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. f i 8 s 1c 11 12 13 14 15 16 17 1E 19 2c 21 22 23 24 25 26 21 28 Findings B) That based on the evidence presented at the public hearing, the Commission APPROVES RANCH0 LA COSTA VILLAGE, CUP 00-22, based on the following findings and subject to the following conditions: 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 specifically permitted in the zone in which the proposed use is located, in that the drive-through prescription window, which is ancillary to the permitted drug store use, provides a necessary service and convenience to the surrounding community and is designed to function safely and efficiently within the commercial center. That the site for the intended use is adequate in size and shape to accommodate the use; in that the proposed drug store drive-thru lane is designed so that it will not negatively impact other commercial uses in the center. This drive-thru aisle design consists of a separate 120’ long, 12 foot wide stacking lane that allows for adequate stacking of automobiles without blocking the commercial center’s perimeter circulation aisles, parking aisles and/or parking spaces thereby permitting through circulation and access to parking provided throughout the center. That all 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 landscape planters screen and separate the drive- thru aisle from the parking lot and a separate exit is provided to enable cars to exit the drive-thru without waiting. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the drive-thru lane has been designed to provide sufficient stacking and separation to avoid impacting the site’s internal circulation system and/or Ranch0 Sante Fe Road and La Costa Avenue. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit or building permit, whichever comes first. 1. 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, 2. This Conditional Use Permit is granted for a period of five years. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial PC RESO NO. 4811 -2- 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 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. 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. PC RESO NO. 4811 -3- 1 2 3 4 5 6 I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 2nd day of August, 2000, by the following vote, to wit: AYES: Chairperson Compas, Commissioners Heineman, L’Heureux, Segall, and Trigas ABSENT: Commissioners Baker and Nielsen ABSTAIN: WILLIAM COMPAS, &a&e&z& - CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RESO NO. 4811 -4.