HomeMy WebLinkAbout2007-02-07; Planning Commission; Resolution 62351 PLANNING COMMISSION RESOLUTION NO. 6235
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING IN
PERPETUITY A CONDITIONAL USE PERMIT TO ALLOW
4 THE CONTINUED OPERATION OF A 64,000 SQUARE FOOT
- CITY LIBRARY ON PROPERTY GENERALLY LOCATED AT
1775 DOVE LANE IN LOCAL FACILITIES MANAGEMENT
6 ZONE 6.
CASE NAME: SOUTH CARLSBAD LIBRARY
7 CASE NO.: CUP 96-16x1
8 WHEREAS, City of Carlsbad, "Developer/Owner," has filed a verified
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application with the City of Carlsbad regarding property described as
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Parcel 2 of Parcel Map No. 16044, filed on April 5,1990 in the
11 Office of the County Recorder, City of Carlsbad, County of
12 San Diego, State of California
13 ("the Property"); and
14 WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Extension as shown on Exhibits "A" - "G" dated March 5,1997, on file in the Planning
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Department SOUTH CARLSBAD LIBRARY - CUP 96-16, as provided by the conditions of
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approval of CUP 96-16 and Chapter 21.42 of the Carlsbad Municipal Code; and
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19 WHEREAS, the Planning Commission did, on the 7th day of February, 2007,
20 hold a duly noticed public hearing as prescribed by law to consider said request; and
21 WHEREAS, at said public hearing, upon hearing and considering all testimony
22 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the CUP Extension.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
£*J
25 Commission of the City of Carlsbad as follows:
27 A) That the foregoing recitations are true and correct.
28 B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES SOUTH CARLSBAD LIBRARY - CUP 96-16x1,
based on the following findings and subject to the following conditions:
Findings;
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1. The adopted findings for CUP 96-16 which are contained in Planning Commission
3 Resolution No. 4066 apply to this extension and are incorporated by this reference.
4 Conditions;
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
6 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
7 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
9 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
10 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 96-16 as stated in
12 Planning Commission Resolution No. 4066 shall apply as conditions of approval for CUP
96-16x1 and are incorporated by this reference, except Conditions No. 3, 4,11, and 12
13 which have been satisfied, and Condition No. 5 is replaced by Condition No. 4 below.
14 3. Within 6 months of approval of this Conditional Use Permit extension,
, 5 developer/owner shall submit and receive approval for a Storm Water Management
Plan (SWMP) to the City of Carlsbad Engineering Department. This project qualifies
16 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
17 Water Mitigation Plan, and therefore, 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
19 Carlsbad. The SWMP shall address the anticipated pollutants of concern associated
with the Project. The SWMP shall also suggest the type(s) of post-construction
20 (structural) Best Management Practices (BMPs) required to capture and filter said
pollutants of concern. Within 1 year from this extension, recommended BMPs
2 identified above shall be installed and operational.
22 4. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis
23 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
24 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
26 substantial negative effects.
27 5. This Conditional Use Permit is granted from March 4, 2007 through perpetuity. This
permit may be revoked at any time after a public hearing, if it is found that the use has a
2^ substantial detrimental effect on surrounding land uses and the public's health and
welfare, or the conditions imposed herein have not been met.
PC RESO NO. 6235 -2-
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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 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
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 7th day of February, 2007 by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Baker, Commissioners Cardosa, Dominguez, Douglas,
Montgomery, Segall and Whitton
, Chairperson
LANNING COMMISSION
ATTEST:
DONNEU
Acting Planning Director
PC RESO NO. 6235 -3-