HomeMy WebLinkAbout2004-04-21; Planning Commission; Resolution 56161
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PLANNING COMMISSION RESOLUTION NO. 5616
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A FIVE
YEAR EXTENSION OF A CONDITIONAL USE PERMIT TO
ALLOW THE CONTINUED OPERATION OF A
DELICATESSEN LOCATED AT 2794 LOKER AVENUE IN
LOCAL FACILITIES MANAGEMENT ZONE 5.
CASE NAME: ON A ROLL SANDWICH SHOPPE
CASE NO.: CUP 88-17x2
WHEREAS, Steve 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 Planning
Department, ON A ROLL SANDWICH SHOPPE - CUP 88-17x2, as provided by the
conditions of approval of CUP 88-17x1 and Chapter 21.42 and/or 21.50 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on the 21st day of April 2004, 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 17, 2002, the Planning Commission approved a
retroactive extension of CUP 88-17x1 - ON A ROLL SANDWICH SHOPPE as described
and conditioned in Planning Commission Resolution No. 5185.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A)
B)
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-
17x2 based on the following findings and subject to the following conditions:
FindinPs :
1. The adopted findings for CUP 88-17x1 which are contained in Planning Commission
Resolution No. 5185 apply to this extension and are incorporated by this reference.
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 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.
All conditions of approval imposed upon Conditional Use Permit CUP 88-17x1 as stated
in Planning Commission Resolution No. 5185 shall apply as conditions of approval for
CUP 88-17x2 and are incorporated by this reference, except Condition No. 4 which has
been satisfied, and Condition No. 3 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 five (5) years from April 18,2004
through April 17,2009. 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.
PC RES0 NO. 5616 -2-
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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.
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 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.
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PC RES0 NO. 5616 -3-
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Corn ii si n
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
f the City of Carlsbad, California, held on the 21st day of April 2004 by the
following vote, to wit:
AYES: Chairperson White, Commissioners Baker, Dominguez, Heineman,
Montgomery, Segall, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
MELISSA WHITE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOL~ILL~R
Planning Director
PC RES0 NO. 5616 -4-