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HomeMy WebLinkAbout2001-12-19; Planning Commission; Resolution 50921 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 !O !l !2 !3 !4 !5 !6 !7 !8 PLANNING COMMISSION RESOLUTION NO. 5092 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 A MIXED USE PROJECT THAT INCLUDES A RESTAURANT, BANQUET FACILITIES, OFFICES AND MOTEL. ALSO INCLUDED IN THE CUP EXTENSION IS THE CONTINUED SALE OF ALCOHOLIC BEVERAGES IN THE RESTAURANT FACILITIES AND 15 PERCENT REDUCTION IN REQUIRED PARKING FOR THE MIXED USE PROJECT. THE PROJECT IS LOCATED ON &AINTREE DRIVE OFF AVENIDA ENCINAS WITHIN LOCAL FACILITIES MANAGEMENT ZONE 22. CASE NAME: HERRICK HOLDINGS CASE NO.: CUP 87-10X1 WHEREAS, William J. Herrick, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Raintree Square, Inc, “Owner,” described as Parcels 2 & 3 of Parcel Map 14028 in the City of Carlsbad, County of San Diego, State of California, according to Map thereof filed in the office of the County Recorder of San Diego County on November l&1985. (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit Extension as shown on Exhibit “A” - “F” dated April 6, 1988, on file in the Carlsbad Planning Department, HERRICK HOLDINGS - CUP 87-10x1 and as provided by the conditions of approval of CUP 87-10 and Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 19th 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. 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 WHEREAS, on April 6, 1988 the Planning Commission approved CUP 87-10 as described and conditioned in Planning Commission Resolution No. 2719. I NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 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 Planning Commission APPROVES HERRICK HOLDINGS - CUP 87-10x1, to be effective retroactively from April 6, 1993 to April 6, 2006, based on the following findings and subject to the following conditions: Findings: 1. The adopted project findings for CUP 87-10 which are contained in Planning Commission Resolution No. 2719 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 extension. 2. This project shall comply with all conditions required as part of the approved Conditional Use Permit (CUP 87-10) as contained in Planning Commission Resolution No. 2719 except Condition No. 10 which is replaced by Condition No. 3 below. 3. This Conditional Use Permit is granted for a period of 13-years retroactively from April 6, 1993 through April 6, 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 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 PC RESO NO. 5092 -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 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. Ewineering: 4. 5. Within six months of approval of this Conditional Use Permit Extension, Developer shall submit and receive approval for a Storm Water Pollution Prevention Plan (SW-PPP) to the City of Carlsbad Engineering Department and the California Regional Water Quality Control Board (CRWQCB). This project qualifies as a “priority project” as defined by Order No. 2001-01 by the California Regional Water Quality Control Board and therefore, this project is required to capture and reduce pollutants to a level of insignificance. The organization and content of the SWPPP shall be prepared in accordance with the guidelines as established by the CRWQCB and as modified by the City of Carlsbad. The SWPPP shall address the anticipated pollutants of concern associated with the Project. The SWPPP shall also suggest the type(s) of post- construction (structural) Best Management Practices (BMPs) required to capture and filter said pollutants of concern. Prior to the next annual review of this Conditional Use Permit in 2002, Developer shall have constructed the necessary BMP measures necessary to capture and filter the anticipated pollutants of concern associated with the Project in accordance with the SWPPP and the latest California National Pollution Discharge Elimination System (NPDES) permit. 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. 5092 -3- 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 19th day of December 2001, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Compas, Dominguez, Heineman, Nielsen, and Trigas NOES: ABSENT: ABSTAIN: -9 CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RESO NO. 5092 -4-