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HomeMy WebLinkAbout2001-12-05; Planning Commission; Resolution 51061 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 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. 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 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- 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 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-