HomeMy WebLinkAbout2002-10-02; Planning Commission; Resolution 52801
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PLANNING COMMISSION RESOLUTION NO. 5280
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO CONTINUE TO ALLOW A
SHARED PARKING ARRANGEMENT BETWEEN FOUR
SEASONS HOTEL, SPORTS CENTER AND GOLF
CLUBHOUSE, ON PROPERTY GENEWLY LOCATED
SOUTH OF AVIARA PARKWAY, BETWEEN AVIARA DRIVE
AND BLUE HERON DRIVE IN LOCAL FACILITIES
MANAGEMENT ZONE 19.
CASE NAME: FOUR SEASONS SHARED PARKING
CASE NO.: CUP 90-05(A)xl
WHEREAS, Four Seasons Aviara, “Developer/Owner,” has filed a verified
RETROACTIVE FIVE-YEAR EXTENSION OF A
application with the City of Carlsbad regarding property described as
Lot 1 of Carlsbad Tract 95-02, Unit 1, according to Map No.
13335 filed in the Office of the County Recorder; and Lot 2 of
Carlsbad Tract 85-35, Phase I, Unit A, according to Map No.
12409, filed in the Office of the County Recorder on June 29,
1989; and Lot 4 and the Remainder Parcel of Carlsbad Tract
95-02, Unit 3, according to Map No. 13979, filed in the Office of
the County Recorder on June 9, 2000; all in the City of
Carlsbad, County of San Diego, State of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Extension as shown on Exhibits “A” - “SSS” and “ZZZ” dated September 19, 1995,
on file in the Carlsbad Planning Department FOUR SEASONS SHARED PARKING - CUP
90-05(A)xl, as provided by the conditions of approval of CUP 90-05(A) and Chapter 21.42 of
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 2nd day of October 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 April 4,1990, the Planning Commission approved CUP 90-05 as
described and conditioned in Planning Commission Resolution No. 3003.
WHEREAS, on September 20, 1995, the Planning Commission approved CUP
9O-O5(A) as described and conditioned in Planning Commission Resolution No. 3806.
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 FOUR SEASONS SHARED PARKING - CUP 90-
05(A)xl on the following findings and subject to the following conditions:
Findings:
1. The adopted findings for CUP 90-05(A) which are contained in Planning Commission
Resolution No. 3806 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
fkture building permits; deny, revoke or Mer 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 90-05(A) as stated
in Planning Commission Resolution No. 3806 shall apply as conditions of approval for
CUP 90-05(A)xl and are incorporated by this reference, except Condition No. 2 which
has been satisfied, and Condition No. 1 is replaced by Condition No. 4 below.
PC RES0 NO. 5280 -2-
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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
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 retroactively granted for a period of five (5) years fiom
September 20,2000 through September 19,2005. 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 (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 fi-om 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 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 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. 5280 -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 2nd day of October 2002 by the
following vote, to wit:
AYES: Commissioners Baker, Heineman, Trigas, White, and
Whitton
NOES: None
ABSENT: Commissioner Dominguez
ABSTAIN: Commissioner Segall
SEENA TRIGAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5280 -4-