HomeMy WebLinkAbout2005-03-16; Planning Commission; Resolution 58491
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PLANNING COMMISSION RESOLUTION NO. 5849
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A FIVE
YEAR EXTENSION OF A CONDITIONAL USE PERMIT TO
BEVERAGES AT AN EXISTING RESTAURANT ON
PROPERTY LOCATED AT THE NORTHEAST CORNER OF
AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 6.
CASE NAME: WESTBLUFF ASSOCIATES, LTD (PEKING
GARDEN RESTAURANT)
CASE NO.: CUP 225x4
WHEREAS, Wilson Wong, “Applicant,” has filed a verified application with the
City of Carlsbad regarding property owned by Westbluff Associates, LTD, “Owner,” described
as
ALLOW THE ON-PREMISE SALE OF ALCOHOLIC
ALGA ROAD AND EL CAMINO REAL IN THE C-1-Q ZONE
Being a portion of the west half of the northeast quarter of
Section 26, Township 12 South, Range 4 West, San Bernardino
base Meridian, 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” - “C” dated January 3, 1983, on file in the
Planning Department WESTBLUFF ASSOCIATES, LTD. - CUP 225x4, as provided by the
conditions of approval of CUP 225x3 and Chapter 21.42 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 16th day of March 2005, 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, CUP 225x4; and
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WHEREAS, on the 3rd day of January, 2001, the Planning Commission
approved an extension of CUP 225x3 as described and conditioned in Planning Commission
Resolution No. 4883.
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 WESTBLUFF ASSOCIATES, LTD. - (PEKING
GARDEN RESTAURANT) - CUP 225x4, based on the following findings and
subject to the following conditions:
Findinps:
1. The adopted findings for CUP 225x3, which are contained in Planning Commission
Resolution No. 4883, apply to this extension and are incorporated by this reference.
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; record a notice of violation on the
property title; 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.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use Permit Extension documents, as necessary to
make them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
3. All conditions of approval imposed upon Conditional Use Permit CUP 225x3 as stated in
Planning Commission Resolution No. 4883 shall apply as conditions of approval for CUP
225x4 and are incorporated by this reference, except Condition No. 3 is replaced by
Condition No. 5 and a new Condition No. 6 below.
4.
PC RES0 NO. 5849 -2-
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
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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.
5. This Conditional Use Permit is granted for a period of 5 years retroactively from
February 9,2005 through February 8,2010. 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.
6. Owner shall comply with Order No. 2001-01 of the California Regional Water Quality
Control Board and City of Carlsbad Standard Urban Storm Water Mitigation Plan
addressing measures to reduce waste discharge in urban runoff. Owner shall develop an
employee education and training program for developing proper measures to reduce waste
discharge. As a part of these measures, each restaurant operator shall train employees to:
a.
b.
pick-up and dispose daily all on-site trash;
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; and
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 contained area
and be discharged to a sanitary sewer.
c.
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.
PC RES0 NO. 5849 -3 -
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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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 16th day of March 2005 by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery and Whitton
NOES:
ABSENT:
ABSTAIN:
JEFFRE N. SEGALL, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
PC RES0 NO. 5849 -4-