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Home My WebLink About2005-03-16; Planning Commission; ; CUP 225x4 - WESTBLUFF ASSOCIATES LTD (PEKING GARDEN RESTAURANT)The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Conditional Use Permit Extension P.C. AGENDA OF: March 16, 2005 Item No. Application complete date: January 18, 2005 Project Planner: Mike Strong Project Engineer: David Rick SUBJECT: CUP 225x4 -WESTBLUFF ASSOCIATES, LTD (PEKING GARDEN RESTAURANT) -Request for retroactive approval of a 5-year extension of CUP 225x3 to allow the on-premise sale of alcoholic beverages at the Peking Garden Restaurant located at 6990 El Camino Real in Local Facilities Management Zone 6 . • I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 5849 APPROVING a five-year retroactive extension of CUP 225x3 based upon the findings and subject to the conditions contained therein. II. INTRODUCTION This proposed five-year extension of CUP 225x3, effective retroactively, will allow the on- premise sale of alcoholic beverages at the Peking Garden Restaurant located at 6990 El Camino_ Real from February 9, 2005 through February 8, 2010. \ III. PROJECT DESCRIPTION AND BACKGROUND The site is generally located at the northeast comer of El Camino Real and Alga Road in the W estbluff Plaza commercial center. On January 3rd, 2001 the Planning Commission approved CUP 225x3 to allow the on-premise sale of alcoholic beverages at the Peking Garden Restaurant located at 6990 El Camino Real. Condition No. 3 of the approving CUP, Resolution No. 4883, specifies that CUP 225x3 is granted for a period of 5 years through February 9, 2005, but may be extended for a period not to exceed 5 years upon written application of the applicant. The applicant, Wilson Wong, Peking Garden Restaurant, is requesting a 5-year extension of CUP 225x3, effective retroactively to February 9, 2005 through February 8, 2010. A new condition of approval (#6) has been added to the Planning Commission Resolution 5849 to address waste discharge in urban water runoff. IV. ANALYSIS A. The Peking Garden Restaurant continues to be consistent with all applicable plans, policies and regulations described below: CUP 225x4-WESTBLUFF ASSOCIATES, LTD. (PEKING GARDEN RESTAURANT) January 24, 2005 Pa e2 1. Carlsbad General Plan; 2. Local Facilities Management Zone 6; and 3. Title 21 of the Carlsbad Municipal Code. B. The adopted project conditions for CUP 225x3, which are contained in Planning Commission Resolution No. 4883 still apply to this project (CUP 225x4) with the exception of Condition No. 3 which is amended by Condition No. 5 in Planning Commission Resolution No. 5849 to extend CUP 225x3 retroactively for five years from February 9, 2005 through February 8, 2010 and a new Condition No. 6. C. The new condition of approval (No. 6) has been added to the Planning Commission Resolution No. 5849 requiring the project to address measures to reduce waste discharge in urban runoff. D. No formal written complaints regarding CUP225x3 have been submitted to the City. E. Annual reviews have been conducted for CUP 225x3 and the project is in compliance with all conditions of approval. F. The extended CUP is exempt from environmental review per Section 15301, of CEQA. V. ENVIRONMENTAL REVIEW The Planning Director has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301, Existing Facilities, of the State CEQA Guidelines and will not have any adverse significant impact on the environment. \ ATTACHMENTS: 1. Planning Commission Resolution No. 5849 2. Location Map 3. Planning Commission Resolutions No. 2077, 3079, 3961, and 4883 4. Disclosure Statement □ SITE WESTBLUFF ASSOCIATION, LTD. (PEKING GARDEN RESTAURANT) CUP 225x4 Dec 14 04 09:12a Dec 13 2004 3:52PM Va 1 ed Gatewa~ Client CG~LIERS INTERNATIONAL 61,-588-9020 858-~69146 p.2 p.3 FROM F"AX t-13. : 76043B'3020 Dec. 13 2004 03:45PM P3 DISCLOSURE STATEMENT Applicant'a &t@tamant or disclosure of certain ownershio intereata n all a¥)plications whfch wm r1tr,1 iirllll diecmrtloriarv action on the part of the City Co1.1noll or any ttppointod 13oard, Commie.Ion or Committ••· The fellowing Information MUST be dlscloaec:I It the tima of a cenn01 be review•~ until this information la. completed. Please pdn .. Y~r oroject Note: . · '.t,;;;~-~;:, .. :-,-~~·°";..-i; ,lf~~~AA~,.,;:u,,.:.·:;;;;,,:·. -~~::pili~~-~1icli,tp~:~~f.'ig~!~~'"'"" """• oo~oolmtio"·,. .. ,.;. ~..;-:..ii;i'i_.'(ub'.j,. :frol~_r:naj· • • ... .,. ...,,• 11• ... ,. ... • • '-' •.J".: , . ~--,.•-, ... _, ,!' .}. • . • •• , 1 ..... ~•~ .... 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APPLICANT (Not the applicant's ~gent) Provide the COMr,.ETE, LEOAL namoa and addrau.a of a flnencial intereat ln iho app1iu .. uu11. tr Lhct. 11ppllc1mt· lnerud••· a c c Ion Include lfl• names, title, addreaae• of all Individual• owning mora tl'len 10% f 1ha •ha,-.e. IF NO INDIVIDUALS OWN MORE J'HAN t 0% OF THE SHARES'. PL.EASE INDl¢A ABLE (N/AJ IN THE SPACE BELOW If II publloly-owngd corporation, inc:lud■ tha nd eddreHoa, of tho corporat~ officera, j~ aepara1e page may bp~/~d If ne Person J;Jfl-5 t)/1) f-. lvDrv6 ~•-Cl;jou~p,fff.Paaa!'flrt~C;;..·~u:a,-~~"::11:t.'-.C!.'::!b.~-- 'Tldo -r/l(;!:/t;;, ... 4(_(?7(_ Tltl1t---~:;;..;ts)_~·/...,.__~----------- Addreee • "?~( fof/y -/<Oifi) Addr~••-· .... 7 ...... S'"° ___ S ...... ~ .......... ___.__.._. ___ _ '5Av /1"TILC.CS . ut c'1 w7,;g · • r71ftJ le.~ (-,,'~ 'S eJ..fl0qtt 1 &~4 5..:w-cr-{"'f s·-r. S",t,../ µ,j/l(.,4,; I G"I q ].,1, ii OW~ER (~Ot 0 tlie ·owiii",;~-;~7.;,h··•··--'"••·-· •• ,'.. . Provide the COMPLETE. LEGAL names and addr88SH 'of LL pe,eon• twvlng eny ownarahlp lntereat: Jn the property fnvG>lved. Also. wpvlde the n re of t~a legal ownarahip (l.o. r,•ntu1r•h~. 't,ansan-tc in rnmmnr,, nn"'-rrnfii-. t:t\rrt,,ratinf", • ) If ThA nwnm-Rhir, inr.l11ri._.111 jil Gorporetk:m or panner6hl,e, lne)ludo 'tho n•m-. dtlo. ecldro• • of all individ...ala owning ·rnoro than 10% of the ehar99. IF NO INDIVIDUALS OWN MO E THAN 10% OF THE SHARES_ ?LEASe INDICATE NON•ArPLlCA!9~! (N/A) IN THE ·sPA E BELOW. If ai publMv-uw11w eorporatlon, Include the namM, tltlea, and addr~aaee of e corporete officers! fA separate page may be attached if neces:1111,v.) Peraon • Corp/Part. ___ -+--------- ... Dec 14 04 09:13a De~ 13 2004 3:52PM va-ed Gatewa~ Client COLLIERS INTERNATIONAL 6 J -588-9020 8585469146 .. p.4 p.4 FROM FAX NO. :76043~20 Dec. 13 3.:04 12!3:47PM P4 -) 3. 4. : .. ' ...... ~-. ·: ... NON-PROFIT ORG~~~ATi~N OR-TRUST • ' •' If any person fdentlflod pur~1..umt· -ro • (1.) o; (2} abo..;• J3; a 'non rofi1 o anJzatlon or , list the names and addresac■ of ~ peraon aerylng oe en ffic:er or (#irector o'f the non• profit organization or ea tro•t•• or· bilnef\cieri of tho. N6n Profit{Truct • • : •• •• • Non :profit/T Tltle. ______________ .a.. Title ' . -----+-----------Address ____________ _ Ad dr He -------------- Hav~ you had. mor• tnan 6260 worth of buralneoe tr•nae . .. staff, 8oargs,..Commlaaione,. :Commltte&1 and /er. eou·r,c mcnth&1 • • • • • • with any member of Ciry ~wlJhlr, th• peat twelve (12} 0 Yes ~-No _If""' pl~a~ indic~~ ~.;,_a·.,C•>:..., ___ -i-__________ _ NOTE: Attach addltJon11I aheeH If naee,aary. I certify,thaf~Q above lnfo~tic:i~ ,,·~rue ~ci c~:rect to the bo '. /. j !. • • . • ' • : ~ \'{4/:~~ 1 ·-i: cJi-t .:• • Slgna\iura of owner/dete _ r·o. ,--\os Cl ...... cw•c;,r,...,u,-(: /-·"". \ r·y (.(\ ~ (0 i. it:.> UJ:_/ · Print o tvPe neme of ~wner Signature of owner/applicant'• agent if 1ppllcablc/date • t • • •, I • • • .. . _,•. . .. .. Print or type name of owner/applicant'• agent . . .. . ,• .. ,. .. t of mv knowledge. • J. 2 3 4 5 6 • PLANNING COMMISSION RESOLUTION NO. 2077 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES AT A PROPOSED RESTAURANT IN WEST BLUFF PLAZA. APPLICANT: SZECHUAN GARDENS, INC. CASE NO.: CUP-225 7 City of WHEREAS, a verified application ahs been filed with the Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request 9 as provided by Title 21 of the Carlsbad Municipal Code; and 8 10 WHEREAS, pursuant to the provisions of the Municipal code, ll the Planning Commission did, on the 9th day of February, 1983, 12 hold a duly notices public hearing to consider said application on 13 property described as: A portion of the west half of the northeast quarter of Section 26, Township 12 South, Range 4W west, San Bernardino Meridian, in San Diego County. 14 15 16 17 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons 18 desiring to be heard, said Commission considered all factors 19 relating to CUP-225. 20 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 21 Commission of the City of Carlsbad as follows: 22 A) 23 B) 24 That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission APPROVES CUP-225, based on the following findings and subject to the following conditions: 25 Findings: 26 1 ) 27 28 /Ill The site is physically suitable for the type of development since the site is adequate in size and shape to accommodate development as proposed. l 2) 2 3 4 3) 5 6 4) 7 8 • • The project is consistent with all City public facility policies and ordinances since restaurant uses have already been approved as part of a previous site development plan and the on- premise sale of alcoholic beverages will not affect any public improvements. The proposed project is compatible with the surrounding future land uses including surrounding properties designated for residential development on the General Plan. This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Land Use Planning Manager on January 11, 1983 and approved by the Planning Commission on February 9, 1983. 9 Conditions: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 ) 2) Approval is granted for CUP-225, as shown on Exhibit(s} A, B, and C, dated January 3, 1983, incorporated by reference and on file in the Land Use Planning office. Development shall occur substantially as shown unless otherwise noted in these conditions. This conditional use permit is granted for a period of five years. This conditional use permit shall be reviewed by the Land Use Planning Manager on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a significant detrimental impact on surrounding properties or the public health and welfare. If the Land Use Planning Manager determines that the use has such significant adverse impacts, the manager shall recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to mitigate the significant adverse impacts. This permit may be revoked at any time after a public hearing, if it is found that the use has a significant detrimental affect 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 years upon written application of the permittee made not less than 90 days prior to the expiration date. In granting such extension, the Planning Commission shall find that no substantial adverse affect on surrounding land uses or the public 1 s health and welfare will result because of the continuation of the permitted use. If a substantial adverse feet on surrounding land uses or the public's health and welfare is found, the extension shall be considered as an original application for a conditional use permit. There is no limit to the number of extensions the Planning Commission may grant. 26 //// 27 //// 28 PC RESO NO. 2077 .2 • • J. PASSED, APPROVED AND ADOPTED at a regular meeting of the 2 Planning Commission of the City of Carlsbad, California, held on 3 the 9th day of February, 1983, by the following vote, to wit: 4 5 6 7 8 9 10 ll ATTEST: 12 AYES: .Chairman Schlehuber, Commissioners Marcus, Rombotis, Jose, Friestedt and Rawlins. NOBS: Commissioner Farrow. • ABS ENT : None. ABSTAIN: None. ~ CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION 1311--;.!~~~~~~~~~~~- 14 LAND USE PLANNING 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 2077 .3 l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 3079 A RESOLUTION OF THE PLANNING COMMISSION OF THE Cl1Y OF CARLSBAD, CALIFORNIA, APPROVING A 7 YEAR EXTENSION OF A CONDmONAL USE PERMIT TO ALLOW THE ON PREMISE SALE OF ALCOHOLIC BEVARAGES AT AN EXISTING RESTAURANT ON PROPER1Y GENERALLY LOCATED IN THE WEST BLUFF PLAZACOMMERCIALCENTERATTHE NORTHEAST CORNER OF ALGA ROAD AND EL CAMINO REAL. CASE NAME: WESTBLUFF ASSOCIATES, LTD. CASE NO: CUP 22Sxl WHEREAS, a verified application has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on the 15th day of August, 1990, hold a duly noticed hearing to consider said application on property descn'bed as: 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. WHEREAS, at said 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 CUP 225xl. NOW, TiiEREFORE, 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 hearing, the Commission APPROVES CUP 225xl, based on the following findings and subject to the following conditions: 1 2 :3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Findings: 1. 2. 3. 4. That the requested use continues to be necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the general plan, and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located; That the site for the intended use continues to be adequate in size and shape to accommodate the use; That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained; That the street system serving the proposed use continues to be adequate to properly handle all traffic generafad by the proposed use. Conditions: 1. 2. All conditions of approval imposed upon CUP 225 as stated in Planning Commission Resolution 2077 shall apply as conditions of approval for CUP 225xl. This conditional use permit is extended for a period of seven (7) years beginning on February 9, 1988 and expiring on February 9, 1995 unless subsequent extensions are approved. This conditional use permit shall be reviewed by the Planning Director on a yearly basis to detennine if all conditions of this permit have been met and that the use does not have a significant detrimental impact on surrounding properties or the public health and welfare. If the Planning Director detennines that the use has such significant adverse impacts, the Planning Director shall recommend that the Planning Commission; after providing the permittee the opportunity to be heard, add additional conditions to mitigate the significant adverse impacts. This permit may be revoked at any time after a hearing, if it is found that the use has a significant detrimental affect on surrom1ding land uses and the publics health and welfare, or the conditions imposed herein have not been met. PC RESO NO. 3079 -2- l 2 3 4 I\ I I 5 6• 10 111 12 1 13 14 15; 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 15th day of August, 1990, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: MICHAEL J. HOL LLER PLANNING DIRECTOR PC RESO NO. 3079 Chairperson Schramm, Commissioners: Schlehuber, Ervvin, Hall, McFadden, Holmes and Marcus. None. None. None. SHARON SCHRAMM, Chairperson CARLSBAD PLANNING COMMISSION -3- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 3961 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD. CALIFORNIA, APPROVlr-:G AN EXTENSION OF A CONDITIONAL USE PER.v1IT TO ALLOW THE ON PREMISE SALE OF ALCOHOLIC BEVERA.GES AT AN EXISTING RESTAURANT ON PROPERTY GENERALLY LO- CA TED IN THE WESTBLUFF PLAZA COMMERCIAL CENTER AT THE NORTHEAST CORNER OF ALGA ROAD A:-JD EL CAMINO REAL. CASE NAME: WESTBLUFF ASSOCIATES, LTD. CASE NO: CUP 225x2 WHEREAS, Compass Capital Corporation, Westbluff Associates, Ltd., has filed a verified application with the City of Carlsbad which has been referred to the Planning Commission; and WHEREAS. said verified application constitutes a request for a Conditional Use Permit Extension as shown on Exhibits '"A'', "B" and "C'\ dated January 3, 1983, on file in the Carlsbad Planning Department as provided by the conditions of approYal of CUP (225xl) on file in the Planning Department and as provided by Chapter 21.42 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on the 7th day of August, 1996, hold a duly noticed public hearing to consider said application on property described as: 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. 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 CUP 225x2. 1 2 3 4 5 6 7 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Commission APPROVES Conditional Use Permit, CUP 225:x2 based on the following findings and subject to the following conditions: Findings: 1. That the requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the General Plan, and is not detrimental to existing uses specifically permitted iri the zone in which the proposed use is located, in that: 1) restaurants serving alcoholic beverages in the C- l Neighborhood Commercial zone are conditionally permitted uses; 2) the existing restaurant is located within the Westbluff Plaza commercial center which is separated from surrounding residential development by roadways and the La Costa Golf Course; and 3) the restaurant use is compatible with the surrounding neighborhood serving commercial uses within Westbluff Plaza. 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that the restaurant use is located within an existing neighborhood commercial center in which restaurant uses are permitted. 3. That all the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the restaurant use is located within an existing commercial center providing all necessary improvements. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the project is served by major and prime arterial roadways which currently operate at acceptable levels. Conditions: 1. The Planning Commission does hereby approve the Conditional Use Permit Extension for the continued on-premise sale of alcoholic beverages at the project entitled "Westbluff Associates, LTD. (Peking Gardens)". (Exhibits "A - C" on file in the Planning Department and incorporated by this reference, dated January 3, 1983), subject to the conditions herein set forth. 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 conform to Planning Commission's final action on the project. Development shall occur substantially as shown on the PC RESO NO. 3961 -2- 1 2 '"' .) 4 5 6 7 8 9 10 11 12 13 14 lS 16 17 18 19 20 21 22 23 24 25 26 27 28 2. 3. ... ... ... approved exhibits. Any proposed development substantially different from this approval, shall require an amendment to this approval. This Conditional Use Permit is granted for a period of five years from February 9, 1995 through February 9, 2000. This Conditional Use Permit shall be reviev,1ed 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 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. 'I'his permit may be extended for a reasonable period of time not to exceed five 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 '.vill eliminate or substantially reduce such effects. There is no limit to the number of extensions the Planning Commission may grant. All conditions of approval imposed upon CUP 225x1 as stated in Planning Commission Resolution No. 3079 shall apply as conditions of approval for CUP 225x2 except as amended by Condition No. 2 above. PC RESO NO. 3961 -3- 1 2 4 5 6 7 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 7th day of August, 1996, by the following vote, to wit: AYES: Chairperson Compas, Commissioners Heineman, Momoy, Nielsen, Noble, Savary and Welshans NOES: None ABSENT: None ABSTAIN: None \VIL. , , . . . . . , , . crson CARLSBAD PLANNING C0MJv1ISSION A'ITEST: vv~~J\AA()()(J~ MI~ Planning Director PC RESONO. 3961 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 4883 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 ON-PREMISE SALE OF ALCOHOLIC BEVERAGES AT AN EXISTING RESTAURANT ON PROPERTY GENERALLY LOCATED IN THE WESTBLUFF PLAZA COMMERICAL CENTER AT THE NORTHEAST CORNER OF ALGA ROAD AND EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: WESTBLUFF ASSOCIATES, LTD. CASE NO.: CUP 225X3 WHEREAS, Wilson Wong, Peking Garden Restaurant, “Applicant,” has tiled a verified application with the City of Carlsbad regarding property owned by Westbluff Associates, LTD., “Owner,” described as 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 Carlsbad Planning Department WESTBLUFF ASSOCIATES, LTD, - CUP 225X2 as provided by the conditions of approval of CUP 225x2 and Chapter 21.42 and/or 21.50 of the WHEREAS, the Planning Commission did, on the 3rd day of January, 2001, 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, on August 7,1996, the Planning Commission approved CUP 225x2 as described and conditioned in Planning Commission Resolution No. 3961. 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 225x3, to be effective retroactively from February 9, 2000, based on the following findings and subject to the following conditions: Findings: 1. The adopted findings for CUP 225x2 which are contained in Planning Commission Resolution No. 3961 apply to this extension. Conditions: 1. 2. 3. 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 extension. All conditions of approval imposed upon Conditional Use Permit CUP 225x2 as stated in Planning Commission Resolution No. 3961 shall apply as conditions of approval for CUP 225x3 except Condition No. 2 which is replaced by Condition No. 3 below. This Conditional Use Permit is granted for a period of five years effective retroactively from February 9,200O through February 9,2005. 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 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. PC RESO NO. 4883 -2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 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 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 3rd day of January 2001 by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Compas, Heineman, L’Heureux, Nielsen, and Trigas NOES: ABSENT: ABSTAIN: & CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RESO NO. 4883