HomeMy WebLinkAbout2000-08-02; Planning Commission; Resolution 48111
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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.
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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-
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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-
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. .
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.