HomeMy WebLinkAbout2002-12-18; Planning Commission; Resolution 52171
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PLANNING COMMISSION RESOLUTION NO. 5217
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL U SE P EMIT T 0 ALLOW THE CONTINUED
OPERATION OF A DELICATESSEN ON PROPERTY
GENERALLY LOCATED AT 5365 AVENIDA ENCINAS IN
LOCAL FACILITIES MANAGEMENT ZONE 3.
CASE NAME: DELI WISHES
CASE NO.: CUP 226(B)x1
WHEREAS, Deli Wishes, “Developer,” has filed a verified application with the
City of Carlsbad regarding property owned by Carlsbad Commercial Center, “Owner,”
described as
RETROACTIVE TEN-YEAR EXTENSION OF A
Parcel 11 of Parcel Map No. 11133, filed in the Office of the
County Recorder of San Diego County on June 16,1981, in the
City of Carlsbad, County of San Diego, State of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Extension as shown on Exhibit “A” dated February 7, 1983, on file in the C arlsbad
Planning Department DELI WISHES - CUP 226(B)x1, as provided by the conditions of
approval of CUP 226(B) and Chapter 21.42 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 18th day of December, 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 March 18, 1992, the Planning Commission approved CUP
226(B) as described and conditioned in Planning Commission Resolution No. 3366.
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WHEREAS, on October 1, 1986, the Planning Commission approved CUP
226(A) as described and conditioned in Planning Commission Resolution No. 2612.
WHEREAS, on March 9,1983, the Planning Commission approved CUP 226 as
described and conditioned in Planning Commission Resolution No. 2088.
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 DELI WISHES - CUP 226(B)x1 based on the
following findings and subject to the following conditions:
Findinvs:
1. The adopted findings for CUP 226(B) which are contained in Planning Commission
Resolution No. 3366 incorporated herein by reference, 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 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. 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.
2. All conditions of approval imposed upon Conditional Use Permit CUP 226(B), CUP
226(A), and CUP 226 as stated in Planning Commission Resolutions No. 3366, 2612,
and 2088, respectively shall apply as conditions of approval for CUP 226(B)x1 except
Condition No. 3 of Planning Commission Resolution No. 3366 which is replaced by
PC RES0 NO. 5217 -2-
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Condition No. 4 below and except Conditions No. 3, 6, 7 of Planning Commission
Resolution No. 2088 which have been satisfied or subsequently modified.
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3. 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.
4. This Conditional Use Permit is granted for a period of ten (10) years retroactively from
March 18,1997 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 five (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.
5. All operators and owners of the Deli(s) shall comply with Order 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.
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.”
11 PC RES0 NO. 5217 -3-
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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 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 fees/exactions 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 18th day of December, 2002 by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners: Baker, Dominguez,
Heineman, Segall, White, and Whitton.
NOES: None.
ABSENT: None.
ABSTAIN: None.
SEENA TRIGAS, Chairperson
CARLSBAD PLANNING COMMISSION
W
ATTEST:
Planning Director
PC RES0 NO. 5217 -4-