HomeMy WebLinkAbout2005-07-20; Planning Commission; Resolution 59291
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PLANNING COMMISSION RESOLUTION NO. 5929
A RESOLUTION OF THE PLANNING COMMISSION OF THE
EXTENSION OF A CONDITIONAL USE PERMIT TO ALLOW
PRESCRIPTION DRUG WINDOW ON PROPERTY
GENERALLY LOCATED ON THE SOUTHEAST CORNER OF
RANCHO SANTA FE ROAD AND LA COSTA AVENUE IN
LOCAL FACILITIES MANAGEMENT ZONE 1 1.
CASE NAME:
CASE NO.: CUP 00-22x1
CITY OF CARLSBAD, CALIFORNIA, APPROVING A 5-YEAR
THE CONTINUED OPERATION OF A DRIVE-THRU
RANCHO LA COSTA VILLAGE
WHEREAS, Cynthia Bell & Associates, Inc., “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by La Costa Village, Inc.,
“Owner,” described as
Parcel 2 of Parcel Map No. 12586, in the City of Carlsbad,
County of San Diego, State of California, recorded on
February 25,1983 as file/page No. 83-060578 of official records
in the office of the County Recorder of San Diego County
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Extension as shown on Exhibits “A” - “Q” dated August 2,2000, on file in the Planning
Department, RANCHO LA COSTA VILLAGE - CUP 00-22x1, as provided by the conditions
of approval of CUP 00-22 and Chapter 21.42 andor 21.50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 20th day of July 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; and
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-RA
WHEREAS, on August 2,2000, the Planning Commission approved CUP 00-22
?CHO LA COSTA VILLAGE as described and conditioned in Planning Commission
Resolution No. 4811.
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 RANCHO LA COSTA VILLAGE - CUP 00-22x1
based on the following findings and subject to the following conditions:
Findings:
1. The adopted findings for CUP 00-22, which are contained in Planning Commission
Resolution No. 4811, 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 fixther 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.
All conditions of approval imposed upon Conditional Use Permit CUP 00-22 as stated in
Planning Commission Resolution No. 4811 shall apply as conditions of approval for CUP
00-22x1 and are incorporated by this reference, except Condition No. 2 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 5 years from August 2, 2005
through August 1,2010. This permit may be revoked at any time after a public hearing,
PC RES0 NO. 5929 -2-
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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 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.
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 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. 5929 -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 20th day of July 2005 by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Montgomery,
and Whitton
NOES:
ABSENT: Commissioners Heineman and Montgomery
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST: n
DON NEU
Assistant Planning Director
PC RES0 NO. 5929 -4-