HomeMy WebLinkAbout2000-11-01; Planning Commission; Resolution 48501
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PLANNING COMMISSION RESOLUTION NO. 4850
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
LOCATED AT 950 TAMARACK AVENUE IN LOCAL
FACILITIES MANAGEMENT ZONE 1.
CASE NAME: VILLAGE KITCHEN AND PIE SHOPPE
CASE NO.: CUP 213X3
WHEREAS, Hope Clausen and Annette Bradley, “Developers,” have filed a
verified application with the City of Carlsbad regarding property owned by, Forest Fisher,
“Owner,” described as
Lot 2 of Parcel Map 207, Map 6222
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Extension as shown on Exhibit “A” dated March 3, 1982, on file in the Carlsbad
Planning Department (VILLAGE KITCHEN AND PIE SHOPPE - CUP 213x3), as provided
by the conditions of approval of CUP 213x2 and Chapter 21.42 and/or 21.50 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on the 1st day of November 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 all persons desiring to be heard, said Commission considered all factors
relating to the CUP Extension
WHEREAS, on August 7,1996, the Planning Commission approved CUP 213x2
as described and conditioned in Planning Commission Resolution No. 3970.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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4 That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES CUP 213x3 retroactive to April 28, 2000 based on
the following findings and subject to the following conditions:
Findings:
1. The adopted project findings for CUP 213 and CUP 213x2 which are contained in
Planning Commission Resolutions No. 1942 and 3970, incorporated herein by
reference, apply to this extension.
Conditions:
1.
2.
3.
If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted, institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this conditional use permit extension.
This project shall comply with all conditions which are required as part of the approved
Conditional Use Permit (CUP 213x2) as contained in Planning Commission Resolution
No. 3970 incorporated herein by reference, except Condition No. 2 which is replaced
by Condition No. 3 below.
This Conditional Use Permit is granted for a period of five years from April 28, 2000
through April 28,2005. This permit may be revoked at any time after a public hearing, if
it is found that the use has a substantial 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.”
PC RESO NO. 4850 -2-
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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 tile 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 1st day of November 2000, by the
following vote, to wit:
AYES: Chairperson Compas, Commissioners Baker, Heineman,
L’Heureux, Nielsen, Segall and Trigas
NOES:
ABSENT:
ABSTAIN:
WILLIAM COMPAS, Chairper&
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RESO NO. 4850 -3-