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Home My WebLink About2002-08-21; Planning Commission; Resolution 52701 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. 5270 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A RETROACTIVE FIVE YEAR EXTENSION OF A CONDITIONAL USE PERMIT TO ALLOW THE CONTINUED OPERATION OF A DELICATESSEN ON PROPERTY LOCATED AT 6150 YARROW DRIVE, SUITE C, IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: PALOMAR DELI CASE NO.: CUP 250(B)x2 WHEREAS, James M. Shimabukuro, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Philip G. Esbensen, “Owner,” described as Lot 2 of Carlsbad Tract No. 79-14, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 9744, filed in the office of the County Recorder of San Diego County, August 5,1980. (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit Extension dated August 21, 2002, on file in the Carlsbad Planning Department PALOMAR DELI - CUP 250(B)x2, as provided by the conditions of approval of CUP 250(B)x1 and Chapter 21.42 andor 21 SO 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. WHEREAS, on July 11, 1984, the Planning Commission approved CUP 250, as described and conditioned in Planning Commission Resolution No. 2318. 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 WHEREAS, on October 1, 1986, the Planning Commission approved CUP 250(A), as described and conditioned in Planning Commission Resolution No. 2613. WHEREAS, on March 18, 1992, the Planning Commission approved CUP 250(B), as described and conditioned in Planning Corrimission Resolution No. 3367. WHEREAS, on August 6, 1997, the Planning Commission approved CUP 250(B)xl, as described and conditioned in Planning Commission Resolution No. 4131. 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 PALOMAR DELI - CUP 250(B)x2, to be effective retroactively from March 19, 2002 to March 18, 2007, based on the following findings and subject to the following conditions: Findinm: - 1. The adopted findings for CUP 250(B)x1 which are contained in Planning Commission Resolution No. 4131 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. PC RES0 NO. 5270 -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 2. 3. 4. All conditions of approval imposed upon Conditional Use Permit CUP 250(B)x1 as stated in Planning Commission Resolution No. 4131 and incorporated by reference herein shall apply as conditions of approval for CUP 250(B)x2 except Conditions No. 3 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 5 years from March 18, 2002 through March 17,2007. 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 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. Engineering: 5. All operators and owners of the Deli 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 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 container or bermed area with discharge to a sanitary sewer. ... ... PC RES0 NO. 5270 -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 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. 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: MICHAEL J. HmMIL-R Planning Director PC RES0 NO. 5270 -4-