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HomeMy WebLinkAbout2002-02-06; Planning Commission; Resolution 51401 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. 5140 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF A CONDITIONAL USE PERMIT TO RETROACTIVELY ALLOW THE CONTINUED OPERATION OF A DELICATESSEN ON PROPERTY GENERALLY LOCATED ON THE SOUTH EAST CORNER OF EL CAMINO REAL AND FARADAY AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 5 CASE NAME: OK DELI CASE NO. : CUP 87-04x2 WHEREAS, Pyong West, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by El Camino Real partners, “Owner,” described as Parcel C of Map 1703 in the City of Carlsbad, recorded in the County of San Diego, California (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit Extension dated October 2,2001, on file in the Carlsbad Planning Department OK DELI - CUP 87-04x2, as provided by the conditions of approval of CUP 87-04x1 and Chapter 21.42 andor 21 SO of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 6th day of February 2002, 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 19, 1987, the Planning Commission approved CUP 87- 04 as described and conditioned in Planning Commission Resolution No. 2673. WHEREAS, on August 19, 1992, the Planning Commission approved CUP 87- 04x1 as described and conditioned in Planning Commission Resolution No. 3420. 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 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 OK DELI - CUP 87-04x2 based on the following findings and subject to the following conditions: FindinPs: 1. The adopted findings for CUP 87-04x1 which are contained in Planning Commission Resolution No. 3420 and incorporated by reference herein apply to this extension. Conditions: 1. 2. 3. 4. 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 modi& 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. All conditions of approval imposed upon Conditional Use Permit CUP 87-04x1 as stated in Planning Commission Resolution No. 3420 and incorporated by reference herein shall apply as conditions of approval for CUP 87-04x2 except Condition No. 2 which is replaced by Condition No. 4 below. 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. This Conditional Use Permit is granted for a period of 10 years retroactively fiom August 19,1997 through August 18,2007. 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 PC RES0 NO. 5140 -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 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. 5. Condition No. 4 above is composed of two-5 year extensions. The second 5 year entension covering the period August 18,2002 to August 18,2007 is granted subject to the payment of an additional Conditional Use Permit extension fee prior to August 18, 2002. If this fee is not paid prior to the required date, this Conditional Use Permit CUP 87-04x2 shall expire on August 18,2002 unless amended. 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 feedexactions. 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 feedexactions 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 RES0 NO. 5140 -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 6th day of February 2002 by the following vote, to wit: AYES: Chairperson Trigas, Commissioners Baker, Heineman, Segall, White, and Whitton NOES: ABSENT: Commissioner Dominguez ABSTAIN: SEENA TRIGAS, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HmZMmER Planning Director PC RES0 NO. 5140 -4-