HomeMy WebLinkAbout2004-06-16; Planning Commission; Resolution 56401
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PLANNING COMMISSION RESOLUTION NO. 5640
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
DENIAL OF A CONDITIONAL USE PERMIT AMENDMENT
CUP 99-30(A) TO ALLOW RETAIL SALES OF BEER AND
WINE AT THE GAS STATIONMINI-MART WITHIN THE
CANNON COURT PROJECT LOCATED ON THE
NORTHWEST CORNER OF CANNON ROAD AND
INTERSTATE 5 AT 4990 AVENIDA ENCINAS, IN LOCAL
FACILITIES MANAGEMENT ZONE 3.
CASE NAME: CANNON COURT
CASE NO.: CUP 99-30(A)
WHEREAS, John A. Buza, “Developer,” has filed a verified application with the
City of Carlsbad regarding property owned by West Development, Inc., a Nebraska
Corporation, “Owner,” described as
Parcel 1 of Parcel Map No. 19380, in the City of Carlsbad,
County of San Diego, State of California, filed in the Office of
the County Recorder of San Diego County, December 2, 2003
as File No. 03-1430564 of Official Records
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Amendment as shown on Exhibit “A” dated June 2,2004 on file in the City of Carlsbad
Planning Department CANNON COURT - CUP 99-30(A) as provided by the conditions of
approval of CUP 99-30 and Chapter 21.42 and/or Chapter 21.50 of the Carlsbad Municipal
Code; and
WHEREAS, the Planning Commission did, on the 2nd of June, 2004 and the 16th
of June, 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 Amendment; and
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WHEREAS, on May 16,2001, the Planning Commission recommended approval
of CANNON COURT - CUP 99-30 as described and conditioned in Planning Commission
Resolutions No. 4977 and 4978; and
WHEREAS, on June 16,2001, the City Council approved CANNON COURT -
CUP 99-30 as described and conditioned in City Council Resolution No. 2001-209.
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 RECOMMENDS DENIAL of CANNON COURT - CUP 99-
30(A) based on the following findings:
Findings:
1. The site is located in a census tract with an over-concentration of off-sale licenses,
with two allowed, four issued, and three active. Alcohol sales at this site would not
constitute a public convenience or necessity which is required to exceed the number
of off-sale license allowed for the census tract.
2. Sale of alcoholic beverages is not supported at this location due to its proximity to
the residential neighborhood, the beach, Cannon Park, Cannon Lake Park, and
Interstate 5 freeway.
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
“feedexac tions. ”
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
PC RES0 NO. 5640 -2-
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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 16th day of June 2004, by the
following vote, to wit:
AYES: Chairperson White, Commissioners Baker, Heineman,
Montgomery, and Segall
NOES: None
ABSENT: Commissioners Dominguez and Whitton
ABSTAIN: None
MELISSA WHITE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLZMILL~R
Planning Director
PC RES0 NO. 5640 -3 -