HomeMy WebLinkAbout2001-12-05; Planning Commission; Resolution 51061
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PLANNING COMMISSION RESOLUTION NO. 5106
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
RETROACTIVE FIVE YEAR EXTENSION OF A
CONDITIONAL USE PERMIT TO ALLOW AN
AQUACULTURE FACILITY ADJACENT TO AGUA
HEDIONDA LAGOON AND THE POWER PLANT ON
PROPERTY GENERALLY LOCATED EAST OF CARLSBAD
BOULEVARD IN LOCAL FACILITIES MANAGEMENT ZONE
1
CASE NAME: AQUACULTURE SYSTEMS
CASE NO.: CUP 194 BX3
WHEREAS, John Davis, “Developer,” has filed a verified application with the
City of Carlsbad regarding property owned by Cabrillo Power, LLC, “Owner,” described as
All that portion of the Ranch0 Agua Hedionda, in the County
of San Diego, State of California, according to the Partition
Map No, 823, filed in the Office of the County Recorder of San
Diego County, November 16, 1896, situated in that portion
thereof.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Extension as shown on Exhibit “A” dated January 23, 1980, on file in the Carlsbad
Planning Department, AQUACULTURE SYSTEMS - CUP 194Bx3 as provided by the
conditions of approval of CUP 194Bx2 and Chapter 21.42 and/or 21.50 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on the 5th day of December 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 May l&l994 the Planning Commission approved CUP 194Bx2
as described and conditioned in Planning Commission Resolution No. 3658.
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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
Findinw:
1 That based on the evidence presented at the public hearing, the Planning
Commission APPROVES AQUACULTURE SYSTEMS - CUP
194Bx3, to be effective retroactively from May 6, 1998, based on the
following findings and subject to’the following conditions:
1. The adopted project findings for CUP 194Bx2 which are contained in Planning
Commission Resolution No. 3658 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. In making this determination, the Planning Director has
found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not
apply to this project.
Conditions:
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
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.
2. This project shall comply with all conditions required as part of the approved Conditional
Use Permit (CUP 194Bx2) as contained in Planning Commission Resolution No. 3658
except Condition No. 3 which is replaced by Condition No. 3 below
3. This Conditional Use Permit is granted for a period of five years retroactively from May
6, 1998 through May 6, 2003. 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 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
PC RESO NO. 5106 -2-
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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 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.
PC RESO NO. 5 106 -3-
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 5th day of December, 2001 by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Compas, Dominguez,
Heineman, and Trigas
NOES:
ABSENT: Commissioner Nielsen
ABSTAIN:
j
ATTEST:
MICHAEL J. HaZMk!LER
Planning Director
~ PC RESONO. 5106 -4-