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HomeMy WebLinkAbout2003-01-15; Planning Commission; Resolution 53241 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. 5324 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A FIVE ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF CENTELLA STREET AT ITS SOUTHERN TERMINUS IN LOCAL FACILITIES MANAGEMENT ZONE 6 CASE NAME: YEAR EXTENSION OF CONDITIONAL USE PERMIT 87-05(A) CARLSBAD BOYS AND GIRLS CLUB CASE NO.: CUP 87-05(A)x2 WHEREAS, Boys and Girls Club of Carlsbad, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Presbytery of San Diego, “Owner,” described as Lot 180 of Map No. 8059 in the City of Carlsbad, County of San Diego, filed on July 22,1975 (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit Extension as shown on Exhibit “A” dated May 1, 1987, on file in the Carlsbad Planning Department, BOYS AND GIRLS CLUB - CUP 87-05(A)x2, as provided by the conditions of approval of CUP 87-05(A) and Chapter 21.42 andor 21.50 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 15th day of January, 2003, 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 November 19, 1997, the Planning Commission approved CUP 87-05(A) as described and conditioned in Planning Commission Resolution No. 4201. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 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 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission APPROVES BOYS AND GIRLS CLUB - 87-05(A)x2 based on the following findings and subject to the following conditions: Findinm : 1. The adopted findings for CUP 87-05(A) which are contained in Planning Commission Resolution No. 4201 apply to this extension and are incorporated by this reference. 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. All conditions of approval imposed upon Conditional Use Permit CUP 87-05(A) as stated in Planning Commission Resolution No. 4201 shall apply as conditions of approval for CUP 87-05(A)x2 and are incorporated by this reference, except Condition No. 3 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 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 5 years from December 2, 2002 through December 1, 2007. 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 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. PC RES0 NO. 5324 -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 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 fiom 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 15th day of January, 2003 by the following vote, to wit: AYES: Chairperson Baker, Commissioners Heineman, Segall, White, and Whitton NOES: None ABSENT: Commissioner Dominguez ABSTAIN: None R, Chairperson COMMISSION ATTEST: Planning Director PC RES0 NO. 5324 -3-