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HomeMy WebLinkAbout1998-07-01; Planning Commission; Resolution 4324c 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 0 0 PLANNING COMMISSION RESOLUTION NO. 4324 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF A CONDITIONAL USE PERMIT TO ALLOW THE CONTINUED OPERATION OF THE HUBBS SEA WORLD RESEARCH INSTITUTE’S FISH HATCHERY AND MARINE RESEARCH FACILITY AT 4200 GARFIELD STREET IN LOCAL FACILITIES MANAGEMENT ZONE 1 CASENAME: HUBBS SEA WORLD RESEARCH CASE NO.: CUP 92-10x1 WHEREAS, Hubbs Sea World Research Institute, “Developer”, ha: verified application with the City of Carlsbad regarding property owned by San Diego ( Electric, “Owner”, described as INSTITUTE That portion of Rancho Agua Hedionda in the City of Carlsbad, County of San Diego, State of California, according to partition map thereof no. 823, filed in the office of the County Recorder of San Diego County, November 16,1896. (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditi, Permit Extension as shown on Exhibit “A” dated July 1, 1998 on file in the Carlsbad Department, HUBBS SEA WORLD RESEARCH INSTITUTE, CUP 92-10x1, as pro the conditions of approval of CUP 92-10 and Chapter 2 1.42 of the Carlsbad Municip and WHEREAS, the Planning Commission did, on the 1st day of July, 199 duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all t and arguments, if any, of all persons desiring to be heard, said Commission considered 2 relating to the CUP Extension. d 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 0 0 WHEREAS, on July 7, 1993, the Planning Commission approved HUB1 WORLD RESEARCH INSTITUTE, CUP 92-10 as described and conditioned in I Commission Resolution No. 3523. NOW, THEREFORE, BE IT HEREBY RESOLVED by the I 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 1 Commission APPROVES HUBBS SEA WORLD RESEARCH INST CUP 92-10x1 based on the following finding and subject to the fc conditions: Findings: 1. The adopted project findings for CUP 92-10, which are contained in P Commission Resolution No. 3523 still apply to this project. Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all co and modifications to the Conditional Use Permit document(s) necessary to ma internally consistent and in conformity with final action on the project. Dew shall occur substantially as shown in the approved Exhibits. Any proposed dew different from this approval, shall require an amendment to this approval. 2. This Conditional Use Permit is granted for a period of five (5) years. This Co: Use Permit shall be reviewed by the Planning Director on a yearly basis to dett all conditions of this permit have been met and that the use does not have a su negative effect on surrounding properties or the public health and welfare. Planning Director determines that the use has such substantial negative eff Planning Director shall recommend that the Planning Commission, after provi permittee the opportunity to be heard, add additional conditions to reduce or elim substantial negative effects. This permit may be revoked at any time after hearing, if it is found that the use has a substantial detrimental effect on surrounc uses and the public’s health and welfare, or the conditions imposed herein have met. This permit may be extended for a reasonable period of time not to exceec years upon written application of the permittee made no less than 90 days pri expiration date. The Planning Commission may not grant such extension, unles that there are no substantial negative effects on surrounding land uses or the health and welfare. If a substantial negative effect on surrounding land us< public’s health and welfare is found, the extension shall be denied or gran PC RES0 NO. 4324 -2- e (I) 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 conditions which will eliminate or substantially reduce such effects. There is no the number of extensions the Planning Commission may grant. 3. This project shall comply with all conditions and mitigation measures which are 1 as part of the approved the Mitigated Negative Declaration and Conditio] Permit (CUP 92-10), as contained in Planning Commission Resolutions No. 3: 3523, except Condition No. 7 of Planning Commission Resolution No. 3523 'c replaced by Condition No. 2 above. 4. Condition 36 of Planning Commission Resolution No. 3523 shall be amet read: "The facility will be made available for free educational tours for stude interested groups upon written request by the school, or the group represeni students. The Institute shall be allowed to hold a once a month open hc Saturdays, between the hours of 1O:OO a.m. and 2:OO p.m. The facility wil: used as a commercial tour bus group." PASSED, APPROVED AND ADOPTED at a regular meeting of the F Commission of the City of Carlsbad, California, held on the 1st day of July 1998 following vote, to wit: AYES: Chairperson Noble, Commissioners Compas, Heineman, Mc Nielsen, Savary, and Welshons NOES: ABSENT: ABSTAIN: /I .) /$ 7f-i 8% x. BAILEY NOB&, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HO-MIL~R Planning Director PC RES0 NO. 4324 -3 -