HomeMy WebLinkAbout2003-06-04; Planning Commission; Resolution 53891
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PLANNING COMMISSION RESOLUTION NO. 5389
A RESOLUTION OF THE PLANNING COMMISSION OF THE
RETROACTIVE EXTENSION OF A CONDITIONAL USE
PERMIT TO NORTH COUNTY TRANSIT DISTRICT ON
PROPERTY GENERALLY LOCATED 2,100 FEET NORTH OF
POINSETTIA LANE ADJACENT TO THE NORTH COUNTY
FACILITIES MANAGEMENT ZONE 22.
CASE NAME:
CITY OF CARLSBAD, CALIFORNIA, APPROVING A 5-YEAR
TRANSIT DISTRICT RAILROAD RIGHT-OF-WAY IN LOCAL
POINSETTIA COMMUTER RAIL STATION
CASE NO.: CUP 93-02(A)~2
WHEREAS, North County Transit District, “Owner and Developer,” has filed a
verified application with the City of Carlsbad regarding property described as:
That portion of Lot 1 in Section 29, Township 12 South, Range
4 West, San Bernardino Meridian, in the City of Carlsbad, in
the County of San Diego, State of California, according to the
official plat thereof, lying northeasterly of the northeasterly
line of the 200 foot wide right-of-way of the Atchison, Topeka
and Santa Fe Railway Company and a parcel of land being in
the City of Carlsbad, County of San Diego, State of California,
and being a portion of the east half of the northeast quarter of
Section 29, Township 12 South, Range 4 West, San Bernardino
Meridian, according to official plat thereof (all outside of the
railroad right-of-way)
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Extension as shown on Exhibits “A” - “F” dated May 4, 1994, on file in the Carlsbad
Planning Department POINSETTIA COMMUTER RAIL STATION CUP 93-02(A)x2, as
provided by the conditions of approval of CUP 93-02(A)xl and Chapter 21.42 andor 21.50 of
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 4th day of June, 2003, hold a
duly noticed public hearing as prescribed by law to consider said request; and
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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 April 18, 1998, the Planning Commission approved CUP 93-
02(A)x1 as described and conditioned in Planning Commission Resolution No. 4081.
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 POINSETTIA COMMUTER RAIL STATION
CUP 93-02(A)x2 based on the following findings and subject to the following
conditions:
Findings:
1. The adopted findings for CUP 93-02(A)xl which are contained in Planning Commission
Resolution No. 4081 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 93-02(A)xl as
stated in Planning Commission Resolution No. 4081 shall apply as conditions of approval
for CUP 93-02(A)x2 and are incorporated by this reference, except Condition No. 3 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
PC RES0 NO. 5389 -2-
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permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
substantial negative effects.
4. 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.
5. Within 6 months of approval of this Conditional Use Permit extension, Developer shall
submit and receive approval for a Storm Water Pollution Prevention Plan (SWPPP) to the
City of Carlsbad Engineering Department. This project qualifies as a “priority project” as
defined by Order No. 2001-01 by the CRWQCB 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 (BMP’s)
required to capture and filter said pollutants of concern.
6. Prior to April 16,2004, Developer shall have constructed the necessary BMP measures 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 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. 5389 -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 4th day of June, 2003 by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Dominguez, Heineman,
Montgomery, Segall, White, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
Chairperson
COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5389 -4-