HomeMy WebLinkAbout2000-11-01; Planning Commission; Resolution 48491
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PLANNING COMMISSION RESOLUTION NO. 4849
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING AN
EXTENSION OF A CONDITIONAL USE PERMIT TO ALLOW
A COMMUNITY PARK ON PROPERTY GENERALLY
LOCATED AT THE SOUTHEAST CORNER OF TAMARACK
AVENUE AND CARLSBAD VILLAGE DRIVE IN LOCAL
FACILITIES MANAGEMENT ZONE 2.
CASENAME: CITY OF CARLSBAD (CALAVERA HILLS
COMMUNITY PARK)
CASE NO.: CUP 266(A)X2
WHEREAS, City of Carlsbad, “Developer,” and “Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
Portions of Lots “D”, “E”, and “J” of Ran&o Agua Hedionda
according to map No. 823 filed November 16,1896
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Extension as shown on Exhibits “A” and “B” dated May 22, 1985, on tile in the
Carlsbad Planning Department (CITY OF CARLSBAD - CUP 266(A)), as provided by the
conditions of approval of CUP 266(A)xl and Chapter 21.42 and/or 21.50 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on the 1st day of November, 2000,
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,
WHEREAS, on January 23, 1985, May 22, 1985, and July 9, 1990, the
Planning Commission approved CUP 266, CUP 266(A), and CUP266(A)xl as described and
conditioned in Planning Commission Resolutions No. 2409,2444, and 3061.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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4 A) That the foregoing recitations are true and correct.
5 B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES (CUP 266(A)X2) retroactive to May 23,2000, based
6 on the following findings and subject to the following conditions:
7 Findings:
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1. The adopted project findings for CUP 266, CUP 266(A), AND CUP 266(A)xl which are
contained in Planning Commission Resolutions 2409, 2444, and 3061, incorporated by
reference, apply to this extension.
II Conditions:
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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
mture 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.
2. The project shall comply with all conditions which are required as part of the approved
Conditional Use Permit (CUP 266(A)xl) which are contained in Planning Commission
Resolution 3061, incorporated by reference, with the exception of Condition No. 2 of
Resolution 3061 which is amended by Condition No. 3 herein.
3. This Conditional Use Permit is extended for an unlimited time period and 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.
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.”
II PC RESO NO. 4849 -2-
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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 tile 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 Cartsbad, California, held on the 1st day of November 2000, by the
following vote, to wit:
AYES: Chairperson Compas, Commissioners Baker, Heineman,
L’Heureux, Nielsen, Segall and Trigas
NOES:
ABSENT:
ABSTAIN:
WILLIAM COMPAS, Chairper&
CARLSBAD PLANNING COMMISSION
ATTEST:
hmmEL~.Wx&fL~m
Planning Director
PC RESO NO. 4849 -3-