HomeMy WebLinkAbout2002-12-18; Planning Commission; Resolution 53261
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PLANNING COMMISSION RESOLUTION NO. 5326
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A 10 YEAR
EXTENSION OF A CONDITIONAL USE PERMIT TO ALLOW
FOR THE CONTINUED OPERATION OF A 10.74 ACRE GOLF
PRACTICE FACILITY ON PROPERTY LOCATED AT 2711
HAYMAR DRIVE IN LOCAL FACILITIES MANAGEMENT
ZONE 2.
CASE NAME: CARLSBAD GOLF CENTER
CASE NO.: CUP 92-04(A)x 1
WHEREAS, Martin W. Huffman, “Developer”/“Owner” has filed a verified
application with the City of Carlsbad regarding property described as
That portion of Government Lot 2, in Section 32, Township 11
South, Range 4 West, San Bernardino Meridian, in the City of
Carlsbad, County of San Diego, State of California, according
to the United States Government survey approved December
27,1870
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Extension as shown on Exhibit(s) “A” - “E” dated May 4th, 1994, on file in the Carlsbad
Planning Department CARLSBAD GOLF PRACTICE FACILITY, as provided by the
conditions of approval of CUP 92-04(A) and Chapter 21.42 and/or 21.50 of the Carlsbad
Municipal Code; and
-WHEREAS, the Planning Commission did, on the 18th day of December, 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 the 4th day of May, 1994, the Planning Commission approved
CARLSBAD GOLF PRACTICE FACILITY - CUP 92-04(A) as described and conditioned in
Planning Commission Resolution No. 3645.
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 CARLSBAD GOLF CENTER - CUP 92-04(A)xl
based on the following findings and subject to the following conditions:
Findinw:
1. The adopted findings for CUP 92-04(A) which are contained in Planning Commission
Resolution No. 3645 apply to this extension and are incorporated by this reference.
I
Conditions:
1.
2.
3.
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 hrther 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.
All conditions of approval imposed upon Conditional Use Permit CUP 92-04(A) as stated
in Planning Commission Resolution No. 3645 shall apply as conditions of approval for
CUP 92-04(A)xl and are incorporated by this reference, except Conditions No. 3-8, 11,
13, 15, 16, 18-21, 23-26, 28, 32, 34-36, 39, 40, 42, 44-46, 48, 50, 58-62, and 64-68
which have been satisfied and Condition No. 9 is replaced by Condition No. 4 below.
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.
PC RES0 NO. 5326 -2-
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4.
5.
6.
This Conditional Use Permit is granted for a period of 10 years from May 4, 2004
through May 3,2014. 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 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.
Within 6 months of approval of this Conditional Use Permit extension, developer shall
submit and receive approval for a Storm Water Management Plan (SWMP) to the
City of Carlsbad Engineering Department. This project qualifies as a “priority
project” as defined by California Regional Water Quality Control Board San Diego
Region Order No. 2001-01, and therefore, the project is required to capture and
reduce pollutants to a level of insignificance. The organization and content of the
SWMP shall be prepared in accordance with the guidelines established by the City of
Carlsbad. The SWMP shall address the anticipated pollutants of concern associated
with the Project. The SWMP shall also suggest the type(s) of post-construction
(structural) Best Management Practices (BMP’s) required to capture and filter said
pollutants of concern.
Prior to the next annual review of this Conditional Use Permit, 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
SWMP and the latest California National Pollutant Discharge Eliminate 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 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 fees/exactions of which you have previously been given a
PC RES0 NO. 5326 -3-
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NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 18th day of December 2002 by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners: Baker, Dominguez,
Heineman, Segall, White, and Whitton.
NOES: None.
ABSENT: None.
ABSTAIN: None.
SEENA TRIGAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HMZMILWR
Planning Director
PC RES0 NO. 5326 -4-