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HomeMy WebLinkAbout2001-01-03; Planning Commission; Resolution 48831 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. 4883 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A FIVE YEAR EXTENSION OF A CONDITIONAL USE PERMIT TO ALLOW THE ON-PREMISE SALE OF ALCOHOLIC BEVERAGES AT AN EXISTING RESTAURANT ON PROPERTY GENERALLY LOCATED IN THE WESTBLUFF PLAZA COMMERICAL CENTER AT THE NORTHEAST CORNER OF ALGA ROAD AND EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: WESTBLUFF ASSOCIATES, LTD. CASE NO.: CUP 225X3 WHEREAS, Wilson Wong, Peking Garden Restaurant, “Applicant,” has tiled a verified application with the City of Carlsbad regarding property owned by Westbluff Associates, LTD., “Owner,” 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. (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit Extension as shown on Exhibits “A” - “C” dated January 3, 1983, on file in the Carlsbad Planning Department WESTBLUFF ASSOCIATES, LTD, - CUP 225X2 as provided by the conditions of approval of CUP 225x2 and Chapter 21.42 and/or 21.50 of the WHEREAS, the Planning Commission did, on the 3rd day of January, 2001, 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. 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 WHEREAS, on August 7,1996, the Planning Commission approved CUP 225x2 as described and conditioned in Planning Commission Resolution No. 3961. 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. B) That based on the evidence presented at the public hearing, the Planning Commission APPROVES WESTBLUFF ASSOCIATES, LTD (PEKING GARDEN RESTAURANT) - CUP 225x3, to be effective retroactively from February 9, 2000, based on the following findings and subject to the following conditions: Findings: 1. The adopted findings for CUP 225x2 which are contained in Planning Commission Resolution No. 3961 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. All conditions of approval imposed upon Conditional Use Permit CUP 225x2 as stated in Planning Commission Resolution No. 3961 shall apply as conditions of approval for CUP 225x3 except Condition No. 2 which is replaced by Condition No. 3 below. This Conditional Use Permit is granted for a period of five years effective retroactively from February 9,200O through February 9,2005. 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 5 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. PC RESO NO. 4883 -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 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 3rd day of January 2001 by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Compas, Heineman, L’Heureux, Nielsen, and Trigas NOES: ABSENT: ABSTAIN: & CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RESO NO. 4883