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HomeMy WebLinkAbout2001-12-05; Planning Commission; Resolution 50891 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 I PLANNING COMMISSION RESOLUTION NO. 5089 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A RETROACTIVE EXTENSION OF A CONDITIONAL USE PERMIT TO ALLOW THE CONTINUED OPERATION OF A DRIVE-THRU FOOD SERVICE AT THE MCDONALD’S RESTAURANT ON PROPERTY GENERALLY LOCATED NORTHWEST CORNER OF PALOMAR AIRPORT ROAD AND AVENIDA ENCINAS IN LOCAL FACILITIES MANAGEMENT ZONE 3 CASE NAME: MCDONALD’S DRIVE-THRU CASE NO.: CUP 94-09x1 WHEREAS, McDonald’s Corporation, “Developer,” has filed a verified applica-tion with the City of Carlsbad regarding property owned by Palomar and Company and the Vogel-Beljean Trust, “Owners,” described as Parcels 1 and 2 of Map 13937, in the City of Carlsbad, County of San Diego, State of California (“the Property”); and WHEREAS, said verified application constitute’s a request for a Conditional Use Permit Extension as shown on Exhibits “A” - “N” dated April 19,1995, on file in the Carlsbad Planning Department MCDONALD’S DRIVE-THRU - CUP 94-09x1, as provided by the conditions of approval of CUP 94-09 and Chapter 21.42 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 5th day of December 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. WHEREAS, on April 19, 1995, the Planning Commission approved CUP 94-09 as described and conditioned in Planning Commission Resolution No. 3765. 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 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 1 Commission of the City of Carlsbad as follows: I A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission APPROVES MCDONALDS DRIVE THRU - CUP 94-09x1 based on the following findings and subject to the following conditions: 1 Findiws: 1. The adopted findings for CUP 94-09 which are contained in Planning Commission Resolution No. 3765 apply to this extension and are incorporated herein by reference. 2. That the Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt fi-om the requirement for the preparation of environmental documents pursuant to Section 15301 - Existing Facilities of the state CEQA Guidelines. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. Conditions: 1. 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. 2. All conditions of approval imposed upon Conditional Use Permit CUP 94-09 as stated in Planning Commission Resolution No. 3765 shall apply as conditions of approval for CUP 94-09x1 except Condition No. 16 which is replaced by Condition No. 4 below. 3. 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. 4. This Conditional Use Permit is granted for a period of five (5) years from April 19,200O through April l&2005. This permit may be revoked at any time after a public hearing, if PC RESO NO. 5089 -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 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 (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. 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. 5089 -3- 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 5th day of December 2001 by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Compas, Dominguez, Heineman, and Trigas NOES: ABSENT: Commissioner Nielsen ABSTAIN: JEFMN. SEGALk$hairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RESO NO. 5089 -4-