HomeMy WebLinkAbout2005-03-16; 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.
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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.
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ATTACHMENTS:
1. Planning Commission Resolution No. 5849
2. Location Map
3. Planning Commission Resolutions No. 2077, 3079, 3961, and 4883
4. Disclosure Statement
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SITE
WESTBLUFF ASSOCIATION, LTD.
(PEKING GARDEN RESTAURANT)
CUP 225x4
Dec 14 04 09:12a
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Va 1 ed Gatewa~ Client
CG~LIERS INTERNATIONAL
61,-588-9020
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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 ..
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Provide the COMr,.ETE, LEOAL namoa and addrau.a of a flnencial intereat
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COLLIERS INTERNATIONAL
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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
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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.
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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:
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23 B)
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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:
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The site is physically suitable for the type of development
since the site is adequate in size and shape to accommodate
development as proposed.
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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:
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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.
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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:
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AYES: .Chairman Schlehuber, Commissioners Marcus,
Rombotis, Jose, Friestedt and Rawlins.
NOBS: Commissioner Farrow. •
ABS ENT : None.
ABSTAIN: None. ~ CLARENCE SCHLEHUBER, Chairman
CARLSBAD PLANNING COMMISSION
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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:
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Findings:
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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:
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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-
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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 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
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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.
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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
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-
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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-
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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 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
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CARLSBAD PLANNING C0MJv1ISSION
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Planning Director
PC RESONO. 3961 -4-
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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.
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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.
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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