HomeMy WebLinkAbout2001-04-04; Planning Commission; Resolution 49361
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PLANNING COMMISSION RESOLUTION NO. 4936
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A FIVE
YEAR EXTENSION OF A CONDITIONAL USE PERMIT TO
CONTINUE OPERATION OF THE CITY’S SKATEBOARD
PARK ON PROPERTY GENERALLY LOCATED SOUTH OF
ORION WAY AT THE CITY’S SAFETY CENTER IN LOCAL
FACILITIES MANAGEMENT ZONE 5
CASE NAME: CITY SKATEBOARD PARK
CASE NO.: CUP 98-05X1
WHEREAS, the City’s Public Works/Parks Division, “Developer,” has tiled a
verified application with the City of Carlsbad regarding property owned by the City of
Carlsbad, “Owner,” described as
A portion of Lot “B” of Ranch0 Agua Hedionda according to
Map No. 823, tiled November 16, 1896, in the office of the San
Diego County Recorder
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Extension as shown on Exhibit(s) “A” - “C” dated April 15, 1998, on file in the
Carlsbad Planning Department CITY SKATEBOARD PARK - CUP 98-05, as provided by the
conditions of approval of CUP 98-05 and Chapter 21.42 and/or 21.50 of the Carlsbad Municipal
Code; and
WHEREAS, the Planning Commission did, on the 4th day of April 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
WHEREAS, on April 15, 1998, the Planning Commission approved CUP 98-05
as described and conditioned in Planning Commission Resolution No. 4271,
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
4 That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES CITY SKATEBOARD PARK - CUP 98-05X1
based on the following findings and subject to the following conditions:
Findinps:
1. The adopted findings for CUP 98-05 which are contained in Planning Commission
Resolution No. 4271 apply to this extension.
2. That the Planning Director has determined that the project belongs to a class of projects
that the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15301 - Existing Facilities
of the state CEQA Guidelines.
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 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.
All conditions of approval imposed upon Conditional Use Permit CUP 98-05 as stated in
Planning Commission Resolution No. 4271 shall apply as conditions of approval for CUP
98-05x1 except Conditions No. 2, 4, 6 and 8 through 15 which are repealed, and
Condition No. 3 which 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 (five) years from April 15,200l
through April 15,2006. 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
PC RESO NO. 4936 -2.
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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 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.
. .
PC RESO NO. 4936 -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 4th day of April 2001 by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Compaq Heineman,
L’Heureux, Nielsen, and Trigas
NOES :
ABSENT:
ABSTAIN:
a
CARLSBAD PLANNING COMMISSION
ATTEST:
. j&&&&&J& .\ mx4~L I. I%&ZI&LER
Planning Director
PC RBSO NO. 4936 -4-