HomeMy WebLinkAbout2002-04-17; Planning Commission; Resolution 51851
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PLANNING COMMISSION RESOLUTION NO. 5185
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING AN
EXTENSION OF A CONDITIONAL USE PERMIT TO ALLOW
THE CONTINUED OPERATION OF A DELICATESSEN ON
PROPERTY GENERALLY LOCATED AT 2794 LOKER
AVENUE WITHIN SPECIFIC PLAN 200 WITHIN LOCAL
FACILITIES MANAGEMENT ZONE 5.
CASE NAME: ON A ROLL SANDWICH SHOPPE
CASE NO.: CUP 88-17x1
WHEREAS, Steven V. Bowen, “Developer,” has filed a verified application with
the City of Carlsbad regarding property owned by EFBP Associates, “Owner,” described as
Lot 14 of Tract No. 74-21 in the City of Carlsbad, County of
San Diego, State of California, according to the Map thereof
number 10371.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Extension as shown on Exhibit “A” dated April 19, 1989, on file in the Carlsbad
Planning Department, ON A ROLL SANDWICH SHOPPE - CUP 88-17x1 and as provided by
the conditions of approval of CUP 88-17 and Chapter 21.42 andor 21.50 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of April 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 April 19, 1989 the Planning Commission approved CUP 88-17
as described and conditioned in Planning Commission Resolution No. 2844.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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A)
B)
Findinps:
1. The
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Planning
Commission APPROVES ON A ROLL SANDWICH SHOPPE - CUP 88-
17x1, to be effective retroactively from April 19,1994 to April 18,2004, based
on the following findings and subject to the following conditions:
adopted project findings for CUP 88-17, which are contained in Planning
Commission Resolution No. 2844, 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 fiom 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.
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
hture 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 required as part of the approved Conditional
Use Permit (CUP 88-17) as contained in Planning Commission Resolution No. 2844 and
are incorporated herein by reference except Condition No. 7 which is replaced by
Condition No. 3 below and conditions No. 2,3 and 5 which have been satisfied.
This Conditional Use Permit is granted for a period of 10-years retroactively fiom April
19,1994 through April 18,2004. 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
PC RES0 NO. 5185 -2-
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conditions which will eliminate or substantially reduce such effects. There is no limit to
the number of extensions the Planning Commission may grant.
4. Within three months of the approval date, Owner shall submit to the City a Notice of
Restriction to be filed in the office of the County Recorder, subject to the satisfaction of
the Planning Director, notifying all interested parties and successors in interest that the
City of Carlsbad has issued a Conditional Use Permit extension by Resolution No. 5185
on the property. Said Notice of Restriction shall note the property description, location of
the file containing complete project details and all conditions of approval as well as any
conditions or restrictions specified for inclusion in the Notice of Restriction. The
Planning Director has the authority to execute and record an amendment to the notice
which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
EnPineerinP:
5. Owner shall comply with Order No. 2001-01 of the California Regional Water
Quality Control Board addressing measures to reduce waste discharge in urban
runoff. Owner shall develop an employee education and training program for
developing proper measures to reduce waste discharge. As a part of these measures,
each deli operator shall train employees to:
a. Pick-up and dispose daily all on-site trash;
b. Sweep all dirt and debris rather than wash from walkways and driveways.
Swept dirt and debris shall be disposed of in the trash. If any washing is to
occur, then direct washing of walkways or driveways to lawn areas to
minimize runoff into the City streets and storm drains.
c. Clean floor mats, exhaust filters, etc. within the building with discharge to a
grease trap to sanitary sewer. Any outside cleaning must occur within a
contained area and be discharged to a sanitary sewer.
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 fees/exactions of which you have previously been given a
11 PC RES0 NO. 5185 -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 17th day of April 2002, by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Baker, Dominguez, Heineman, Segall, White, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
n
SEENA TRIGAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5 185 -4-