HomeMy WebLinkAbout2004-05-19; Planning Commission; Resolution 56191
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PLANNING COMMISSION RESOLUTION NO. 5619
A RESOLUTION OF THE PLANNING COMMISSION OF THE
YEAR RETROACTIVE EXTENSION OF A CONDITIONAL
USE PERMIT TO ALLOW THE CONTINUED OPERATION OF
THE CALIFORNIA CAFE AND DELI ON PROPERTY
LOCATED ON THE SOUTH SIDE OF FARADAY AVENUE,
AT 2205 FARADAY AVENUE, SUITE C, IN LOCAL
FACILITIES MANAGEMENT ZONE 5.
CASE NAME: CALIFORNIA CAFE & DELI
CITY OF CARLSBAD, CALIFORNIA, APPROVING A FIVE-
CASE NO.: CUP 88-1 8(A)x2
WHEREAS, Carla Patton, “Developer” has filed a verified application with the
City of Carlsbad regarding property owned by Carlsbad Commerce Center, L. P., “Owner,”
described as
Portion of Lot 41 and a portion of Lot 42 of Map No. 11134,
and also a portion of Lot 8 of Map No. 10330, all 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 Exhibits (‘A’’ - “B” dated April 20, 1994 on file in the City of
Carlsbad Planning Department CALIFORNA CAFh & DELI - CUP 88-18(A)x2 as provided
by the conditions of approval of CUP 88-18(A)xl and Chapter 21.42 and/or Chapter 21 SO of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 19th of May, 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 February 20, 2002, the Planning Commission approved
CALIFORNIA CAFE & DELI - CUP 88-18(A)x1 as described and conditioned in Planning
Commission Resolution No. 5155.
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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 CALIFORNIA CAFE & DELI - CUP 88-18(A)x2
to be effective retroactively from April 20, 2004 through April 19,2009 based
on the following findings and subject to the following conditions:
Findings:
1. The adopted findings for CUP 88-18(A)xl which are contained in Planning Commission
Resolution No. 5155 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 88-18(A)xl as
stated in Planning Commission Resolution No. 5155 still apply as conditions of approval
for CUP 88-18(A)x2 and are incorporated by this reference, except Condition No. 4,
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 five (5) years retroactively from
April 20,2004 through April 19,2009. 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
PC RES0 NO. 5619 -2-
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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.
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 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.
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PC RES0 NO. 5619 -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 19th day of May 2004, by the
following vote, to wit:
AYES: Chairperson White, Commissioners Baker, Dominguez, Heineman,
and Whitton
NOES: None
ABSENT: Commissioners Montgomery and Segall
ABSTAIN: None
MELISSA WHITE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLMILL&
Planning Director
PC RES0 NO. 5619 -4-