HomeMy WebLinkAbout2002-05-15; Planning Commission; Resolution 51911
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PLANNING COMMISSION RESOLUTION NO. 5191
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CmSBAD, CALIFORNIA, APPROVING A FIVE
YEAR EXTENSION OF A CONDITIONAL USE PERMIT TO
ALLOW THE CONTINUED OPERATION OF A
PROFESSIONAL CARE FACILITY AND SKILLED NURSING
FACILITY ON PROPERTY GENERALLY LOCATED ON THE
WEST SIDE OF INTERSTATE 5, BETWEEN LAGUNA DRIVE
AND KNOWLES AVENUE IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: LAS VILLAS DE CARLSBAD
CASE NO.: CUP 255(A)x1
WHEREAS, Villas de Carlsbad, LTD, “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
All of the West Half of the Southwest Quarter of the Northeast
Quarter of the Northwest Quarter and that portion of the East
Half of the Southeast Quarter of the Northwest Quarter of the
Northwest Quarter of Section 6, Township 12 South, Range 4
Wet, San Bernardino Base and Meridian, in the City of
Carlsbad, according to Official Plat thereof, lying westerly and
southwesterly of the southwesterly line of the land described in
Deed of the State of California, recorded June 12,1970 as File
No. 101788 of Official Records
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Extension as shown on Exhibits “A” - “E” dated March 4,1992, on file in the Carlsbad
Planning Department LAS VILLAS DE CARLSBAD - CUP 255(A)x1, as provided by the
conditions of approval of CUP 255(A)xl and Chapter 21.42 of the Carlsbad Municipal Code;
and
WHEREAS, the Planning Commission did, on the 15th day of May 2002, 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.
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WHEREAS, on March 4,1992, the Planning Commission approved CUP 255(A)
as described and conditioned in Planning Commission Resolution No. 3361.
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 LAS VILLAS DE CARLSBAD - CUP 255(A)x1
based on the following findings and subject to the following conditions:
Findings:
1. The adopted findings for CUP 255(A) which are contained in Planning Commission
Resolution No. 3361 apply to this extension and are incorporated by this reference.
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 modi@ 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. All conditions of approval imposed upon Conditional Use Permit CUP 255(A) as stated
in Planning Commission Resolution No. 3361 shall apply as conditions of approval for
CUP 255(A)x1 except Conditions No. 2,3,10,16, 18,34,35,36,37,38,41,42,44,45,
46 and 47 which have been satisfied, and Condition No. 6 which is replaced by
Condition No. 4 below.
3. 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
PC RES0 NO. 5191 -2-
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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.
4. This Conditional Use Permit is granted for a period of ten (10) years retroactive from
March 3,2002 through March 2,2012. 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 ten (10) 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 feedexactions. 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 feedexactions
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 feedexactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PC RES0 NO. 5191 -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 15th day of May 2002 by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Baker, Heineman, Segall, and
White
NOES: None
ABSENT: Commissioners Dominguez and Whitton
ABSTAIN: None
SEENA TFUGAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HwZmLER
Planning Director
PC RES0 NO. 5191 -4-