HomeMy WebLinkAbout2002-08-21; Planning Commission; Resolution 52681
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PLANNING COMMISSION RESOLUTION NO. 5268
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
EXTENSION OF A CONDITIONAL USE PERMIT TO ALLOW
THE CONTINUED OPERATION OF A DELICATESSEN ON
PROPERTY GENERALLY LOCATED AT 5670 EL CAMINO
REAL, SUITE H, WITHIN THE CARLSBAD GATEWAY
MANAGEMENT ZONE 5.
CASE NAME: PICKLE’S CAFE
CASE NO.: CUP 87-08x1
WHEREAS, Sam Nasser (Pickle’s Cafe), “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by Brookwood Carlsbad
Realty Investors, LLC, “Owner,” described as
RETROACTIVE TEN-YEAR EXTENSION AND A FIVE-YEAR
CENTER (SDP 84-5) WITHIN LOCAL FACILITIES
A portion of Parcels 1 and 2 in the City of Carlsbad, County of
San Diego, State of California, as shown on Page 10060 of
Parcel Map filed in the Office of the County Records May 23,
1980.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Extension as shown on Exhibit “A” dated December 16, 1987, on file in the Carlsbad
Planning Department, PICKLE’S CAFE (FORMERLY GATEWAY DELI) - CUP 87-08x1
and as provided by the conditions of approval of CUP 87-08 and Chapter 21.42 andor 21.50 of
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 21st day of August 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.
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WHEREAS, on December 16, 1987 the Planning Commission approved CUP
87-08 as described and conditioned in Planning Commission Resolution No. 2704.
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 PICKLE’S CAFE - CUP 87-08x1 based on the
following findings and subject to the following conditions:
Findinps:
1. The adopted project findings for CUP 87-08 which are contained in Planning
Commission Resolution No. 2704 and incorporated by reference herein apply to this
extension.
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 from 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 extension.
2. This project shall comply with all conditions required as part of the approved Conditional
Use Permit (CUP 87-08) as contained in Planning Commission Resolution No. 2704 and
incorporated by reference herein except for Conditions Nos. 2, 3, 4 6 and 8 which have
been previously satisfied and Condition No. 7 which is replaced by Condition No. 3
below.
3. This Conditional Use Permit is granted for a period of 15-years retroactively from
December 16, 1992 through December 15, 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
PC RES0 NO. 5268 -2-
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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 conditions which will eliminate or substantially reduce such effects. There
is no limit to the number of extensions the Planning Commission may grant.
Engineerinp:
4. All operators and owners of the Deli(s) shall comply with Order No. 2001-01 of the
California Regional Water Quality Control Board addressing measures to reduce
waste discharge in urban runoff. Each operator and owner shall develop an employee
education and training program for developing proper measures to reduce waste
discharge. As a part of these measures, each operator of their respective deli(s) shall
train employees to:
A. Pick-up and didpose 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
container or bermed area with discharge 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 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 feedexactions
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. 5268 -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 21st day of August 2002, by the
following vote, to wit:
AYES: Commissioners Baker, Dominguez, Heineman, Trigas, White, and
Whitton
NOES: None
ABSENT: Commissioner Segall
ABSTAIN: None
SEENA TRIGAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5268 -4-