HomeMy WebLinkAbout2005-12-07; Planning Commission; Resolution 60051
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PLANNING COMMISSION RESOLUTION NO. 6005
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW CONTINUED USE
OF TWO MODULAR UNITS ON PROPERTY GENERALLY
LOCATED ON THE NORTHWEST CORNER OF CHESTNUT
AVENUE AND HARDING STREET IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: PINE SCHOOL TRAILERS
RETROACTIVE THREE-YEAR TIME EXTENSION OF A
CASE NO.: CUP 02-13x1
WHEREAS, the City of Carlsbad, “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
A Portion of Lot 59 in the City of Carlsbad, County of San
Diego, State of California, according to map thereof No. 1661,
filed in the Office of the County Recorder of San Diego County
March 1,1915 APN 204-100-05
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Extension as shown on Exhibits “A” - “B” dated September 18, 2002, on file in the
Planning Department PINE SCHOOL TRAILERS (CUP 02-13~1)~ as provided by the
conditions of approval of CUP 02-13 and Chapter 21.42 andor 21.50 of the Carlsbad Municipal
Code; and
WHEREAS, the Planning Commission did, on the 7th day of December 2005,
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; and
WHEREAS, on September 18, 2002, the Planning Commission approved CUP
02-13 as described and conditioned in Planning Commission Resolution No. 5281.
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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 PINE SCHOOL TRAILERS - CUP 02-13x1 based
on the following findings and subject to the following conditions:
FindinPs:
1. The adopted findings for CUP 02-13, which are contained in Planning Commission
Resolution No. 528 1 , 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 fiom 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 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; record a notice of violation on the
property title; 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
Extension.
2. All conditions of approval imposed upon Conditional Use Permit CUP 02-13 as stated in
Planning Commission Resolution No. 5281 shall apply as conditions of approval for CUP
02-13x1 and are incorporated by this reference, except Conditions No. 4, 5, 6, and 7
which have been satisfied, and Condition No. 9 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
PC RES0 NO. 6005 -2-
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permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
substantial negative effects.
4. This Conditional Use Permit is granted retroactively for a period of three years from
September 18,2005 through September 17,2008. 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 three 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. 6005 -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 7th day of December 2005 by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Whitton
NOES:
ABSENT:
ABSTAIN: m JEFFRE . SEGALL, airperson
CARLSBAD PLANNING COMMISSION
ATTEST: -
DON NEU
Assistant Planning Director
PC RES0 NO. 6005 -4-