HomeMy WebLinkAbout2006-04-05; Planning Commission; Resolution 60491 PLANNING COMMISSION RESOLUTION NO. 6049
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
RETROACTIVE FIVE AND ONE-HALF YEAR EXTENSION
4 AND APPROVAL IN PERPETUITY OF A CONDITIONAL USE
5 PERMIT TO ALLOW A PRIVATE BEACH CLUB FACILITY
ON PROPERTY GENERALLY LOCATED ON THE WEST
6 SIDE OF OCEAN STREET APPROXIMATELY 200 FEET
SOUTH OF THE INTERSECTION OF CARLSBAD VILLAGE
7 DRIVE AND OCEAN STREET IN THE MELLO II SEGMENT
OF THE LOCAL COASTAL PROGRAM AND IN LOCAL
8 FACILITIES MANAGEMENT ZONE 1.
9 CASE NAME: CARLSBAD INN BEACH FACILITY
CASE NO.: CUP 271X4
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WHEREAS, Carlsbad Inn, Limited, "Developer/Owner," has filed a verified
12 application with the City or Carlsbad regarding described as
13 A portion of unnumbered block in the town of Carlsbad, in the
City of Carlsbad, County of San Diego, State of California,
14 according to the Map thereof number 535, filed in the office of
the County Recorder of San Diego County, and the portion of
Ocean Street as shown on said Map, closed to public use
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("the Property"); and
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WHEREAS, said verified application constitutes a request for a Conditional Use18
j9 Permit Extension as shown on Exhibits "A" - "D" dated March 13, 1985, on file in the
20 Planning Department CARLSBAD INN BEACH FACILITY - CUP 271, as provided by the
21 conditions of approval of CUP 271x2 and Chapter 21.42 and/or 21.50 of the Carlsbad Municipal
22 Code; and
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WHEREAS, the Planning Commission did, on the 5th day of April 2006, hold a
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duly noticed public hearing as prescribed by law to consider said request; and
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25 WHEREAS, at said public hearing, upon hearing and considering all testimony
27 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
2° relating to the CUP Extension; and
1 WHEREAS, on September 17, 1997, the Planning Commission approved CUP
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271x2 as described and conditioned in Planning Commission Resolution No. 4168.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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<• Commission of the City of Carlsbad as follows:
6 A) That the foregoing recitations are true and correct.
7 B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES CARLSBAD INN BEACH FACILITY - CUP
271x4, to be effective retroactively from September 19, 2000 based on the
9 following findings and subject to the following conditions:
10 Findings:
1. The adopted findings for CUP 271x2 which are contained in Planning Commission
12 Resolution No. 4168 apply to this extension and are incorporated by this reference.
13 Conditions;
14 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
16 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
17 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
19 or a successor in interest by the City's approval of this Conditional Use Permit.
20 2. All conditions of approval imposed upon Conditional Use Permit CUP 271x2 as stated in
Planning Commission Resolution No. 4168 shall apply as conditions of approval for
CUP 271x4 and are incorporated by this reference, except Condition No. 3 which is
22 replaced by Condition No. 4 below.
23 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
24 a substantial negative effect on surrounding properties or the public health and welfare. If
7<- the Planning Director determines that the use has such substantial negative effects, the
Planning Director shall recommend that the Planning Commission, after providing the
26 permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
substantial negative effects.
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PCRESONO.6049 -2-
4. This Conditional Use Permit is granted retroactively from September 19, 2000 and is
2 approved in perpetuity. 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
3 the public's health and welfare, or the conditions imposed herein have not been met.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
c harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
6 and costs, including court costs and attorney's fees incurred by the City arising, directly
or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, (b)
City's approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator's installation and operation of the facility permitted hereby, including
9 without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions. This obligation survives until
10 all legal proceedings have been concluded and continues even if the City's approval is not
validated.11
12 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."
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You have 90 days from date of final approval to protest imposition of these fees/exactions. If
16 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.
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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
22 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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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 5th day of April 2006 by the
following vote, to wit:
AYES:Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Heineman, Segall, and Whitton
NOES:
ABSENT:
ABSTAIN:
MARTELL B. MONT€OMERY§pKairperson
CARLSBAD PLANNING COMMISSION
ATTE
ONNEU
ssistant Planning Director
PC RESO NO. 6049 -4-