HomeMy WebLinkAbout2002-02-06; Planning Commission; Resolution 51401
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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.
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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-
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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.
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PC RES0 NO. 5140 -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 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-