HomeMy WebLinkAbout2005-12-07; Planning Commission; Resolution 60061
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. 6006
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
RETROACTIVE EXTENSION OF A CONDITIONAL USE
PERMIT FOR AN INDEFINITE TIME PERIOD TO ALLOW
CONTINUED OPERATION OF FIRE STATION NO. 4 ON
PROPERTY GENERALLY LOCATED ON THE NORTHWEST
CORNER OF BUTTERCUP ROAD AND BATIQUITOS LANE
IN LOCAL FACILITIES MANAGEMENT ZONE 4.
CASE NAME:
CASE NO.: CUP 268x4
WHEREAS, the City of Carlsbad, “Developer/Owner,” has filed a verified
FIRE STATION NO. 4
application with the City of Carlsbad regarding property described as
That portion of real property in the City of Carlsbad, County
of San Diego, State of California, as dedicated per document
F.P. 73-237096 of Official Records
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Extension as shown on Exhibits “A” - “C” dated March 19, 1985, on file in the
Planning Department FIRE STATION NO. 4 - CUP 268x4, as provided by the conditions of
approval of CUP 268x3 and Chapter 21.42 and/or 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 August 2,2000, the Planning Commission approved CUP 268x3
as described and conditioned in Planning Commission Resolution No. 4805; and
WHEREAS, on July 17, 1996, the Planning Commission approved CUP 268x2
as described and conditioned in Planning Commission Resolution No. 3957; and
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
WHEREAS, on June 20,1990, the Planning Commission approved CUP 268x1
as described and conditioned in Planning Commission Resolution No. 3021; and
WHEREAS, on April 10, 1985, the Planning Commission approved CUP 268 as
described and conditioned in Planning Commission Resolution No. 2430.
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 FIRE STATION NO. 4 - CUP 268x4 based on the
following findings and subject to the following conditions:
Findinm :
1. The adopted findings for CUP 268~3,which are contained in Planning Commission
Resolution No. 4805, 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; 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 268x3 as stated in
Planning Commission Resolution No. 4805 shall apply as conditions of approval for CUP
268x4 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.
PC RES0 NO. 6006 -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
4. This Conditional Use Permit is granted retroactively for an indefinite time period from
June 17, 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.
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
“feeslexactions.”
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 fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
...
...
...
...
...
...
...
...
...
PC RES0 NO. 6006 -3 -
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
Commiss
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
in 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:
9% . //’’
JEFFRE N. SEGALL, Chairperson
CARLSBAD PLANNING COMMISSION
WEST:
DON NEU
Assistant Planning Director
PC RESO NO. 6006 -4-