HomeMy WebLinkAbout2006-03-15; Planning Commission; Resolution 60381 PLANNING COMMISSION RESOLUTION NO. 6038
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
RETROACTIVE EXTENSION AND APPROVAL IN
4 PERPETUITY OF A CONDITIONAL USE PERMIT TO ALLOW
5 THE CONTINUED OPERATION OF A PROFESSIONAL CARE
FACILITY LOCATED AT 2855 CARLSBAD BOULEVARD
6 AND 2845 OCEAN STREET ON THE WEST SIDE OF
CARLSBAD BOULEVARD BETWEEN CHRISTIANSEN WAY
7 AND GRAND AVENUE IN THE MELLOII SEGMENT OF THE
LOCAL FACILITIES MANAGEMENT ZONE 1.
8 CASE NAME: CARLSBAD BY THE SEA
9 CASE NO.: CUP 94-10x1
10 WHEREAS, Front Porch Communities and Services, "Developer/Owner," has
filed a verified application with the City of Carlsbad regarding property described as
12 Parcel A: Block 8 and 9 of town of Carlsbad, in the City of
13 Carlsbad, County of San Diego, State of California, according
to Map thereof No. 365, filed in the Office of the County
14 Recorder of San Diego County February 2, 1887; also all of
Garfield Street adjoining said Blocks 8 and 9 as vacated and
closed to public use. Together with the Southeasterly 1A of
16 Cedar Street as street is shown on said map adjoining said land
on the northwest which upon closing would revert, by
17 operation of law to the above described land.
18 Parcel C: Lots 50, 51, 52 and the south 15 feet of Lot 49, in
Block "A" of Map No. 2 of the Hayes Land Company,
incorporated, addition, in Carlsbad, County of San Diego,
20 State of California, according to Map thereof No. 1221, filed in
the Office of the County Recorder of San Diego County,
21 November 4,1909.
22
23 ("the Property"); and
24 WHEREAS, said verified application constitutes a request for a Conditional Use
25 Permit Extension as shown on Exhibits "A" - "W" dated December 12, 1995, on file in the
26 Planning Department CARLSBAD BY THE SEA - CUP 94-10x1, as provided by the
27
conditions of approval of CUP 94-10 and Chapter 21.42 and/or 21.50 of the Carlsbad Municipal28
Code; and
1 WHEREAS, the Planning Commission did, on the 15th day of March 2006, hold
2
a duly noticed public hearing as prescribed by law to consider said request; and
3
WHEREAS, at said public hearing, upon hearing and considering all testimony
4
c- and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
6 relating to the CUP Extension; and
7 WHEREAS, on March 15,2006, the Planning Commission approved CUP 94-10
g
as described and conditioned in Planning Commission Resolution No. 6038.
9
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
10
Commission of the City of Carlsbad as follows:
22 A) That the foregoing recitations are true and correct.
13 B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES CARLSBAD BY THE SEA - CUP 94-10x1 to be
14 effective retroactively from September 6, 2005 through September 5, 2015
. , based on the following findings and subject to the following conditions:
16 Findings;
17 1. The adopted findings for CUP 94-10 which are contained in Planning Commission
Resolution No. 3791 apply to this extension and are incorporated by this reference.
lo
19 Conditions:
20 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
21 implemented and maintained according to their terms, the City shall have the right to
22 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
23 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
24 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.
26 2. All conditions of approval imposed upon Conditional Use Permit CUP 94-10 as stated in
Planning Commission Resolution No. 3791 shall apply as conditions of approval for CUP
27 94-10x1 and are incorporated by this reference, except Condition No. 1 which has been
satisfied, and Condition No. 3 is replaced by Condition No. 4 below and the addition of
Conditions No. 5 & 6.
PCRESONO. 6038 -2-
3. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis
2 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
3 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.
6 4. This Conditional Use Permit is granted retroactively from September 6, 2000 and is
approved in perpetuity. This permit may be revoked at any time after a public hearing,
7 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.o
9 Engineering:
10 5. Within 6 months of approval of this Conditional Use Permit extension, developer/owner
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 the City Standard Urban Storm Water Mitigation Plan, and therefore,
13 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
types(s) of postconstruction (structural) Best Management Practices (BMPs) required to
capture and filter said pollutants of concern.
17 6. Prior to the next annual review of this Conditional Use Permit, developer/owner shall
have constructed and/or implemented 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 City's current Standard Urban Water Mitigation Plan.
20
21
22
23
24
25
26
27
28
PCRESONO. 6038 -3-
1
2 NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
4 reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
5
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
6 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.
9
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
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
12 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
13
14 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
15 Commission of the City of Carlsbad, California, held on the 15th day of March 2006 by the
16 following vote, to wit:
17 AYES: Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Heineman, Segall, and Whitton
19 NOES:
20 ABSENT:
21 ABSTAINl
22"
23 n
MARTELL B. MON'lGOMER^Khairperson
24 CARLSBAD PLANNING COMMISSION
25
ATTEST:
26 "
27
2g DON NEU
Assistant Planning Director
PCRESONO. 6038 -4-