HomeMy WebLinkAbout2007-04-18; Planning Commission; Resolution 62761 PLANNING COMMISSION RESOLUTION NO. 6276
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
RETROACTIVE ONE YEAR EXTENSION FOR A
4 CONDITIONAL USE PERMIT TO DEVELOP A 3,296 SQUARE
5 FOOT DAY CARE CENTER AS PART OF A MIXED-USE
PROJECT ON 5.29 ACRES GENERALLY LOCATED SOUTH
6 OF AVENIDA ENCINAS AND NORTH OF THE EAST-WEST
SEGMENT OF EMBARCADERO LANE WITHIN THE MELLO
7 II SEGMENT OF THE CITY'S LOCAL COASTAL PROGRAM
AND LOCAL FACILITIES MANAGEMENT ZONE 22.
8 CASE NAME: POINSETTIA COMMONS
9 CASE NO.: CUP 04-15x1
10 WHEREAS, Poinsettia Commons LLC, a Delaware Limited Liability
11 Company, "Developer/Owner," has filed a verified application with the City of Carlsbad
12 regarding property described as
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Lot 5 of Carlsbad Tract No. 97-10, Poinsettia Properties, in the
14 City of Carlsbad, County of San Diego, State of California,
according to Map thereof No. 13785, filed in the Office of the
County Recorder of San Diego County on May 21,1999
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("the Property"); and
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WHEREAS, said verified application constitutes a request for a Conditional Use
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19 Permit Extension as shown on Exhibits "A" -"FFF" dated January 5, 2005, on file in the
20 Planning Department, POINSETTIA COMMONS - CUP 04-15, as provided by the conditions
2! of approval of CUP 04-15 and Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and
22 WHEREAS, on January 5, 2005, the Planning Commission approved,
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CUP 04-15, as described and conditioned in Planning Commission Resolution No. 5809; and
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WHEREAS, the Planning Commission did, on the 18th day of April, 2007, hold
26 a duly noticed public hearing as prescribed by law to consider CUP 04-15x1; and
27 WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
relating to the Conditional Use Permit Extension.
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.4
B) That based on the evidence presented at the public hearing, the Commission
APPROVES POINSETTIA COMMONS - CUP 04-15x1, based on the
6 following findings and subject to the following conditions:
7 Findings;
1. The adopted findings for CUP 04-15 which are contained in Planning Commission
9 Resolution No. 5809 apply to this extension and are incorporated by this reference.
10 2. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
12 degree of the exaction is in rough proportionality to the impact caused by the project.
13 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
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
Extension.
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2. All conditions of approval imposed upon Conditional Use Permit CUP 04-15 as stated in
Planning Commission Resolution No. 5809 shall apply as conditions of approval for
22 CUP 04-15x1 and are incorporated by this reference.
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
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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4. This approval is granted subject to the approval of CT 04-llxl, PUD 04-10x1 and
SDP 04-09x1 and is subject to all conditions contained in Planning Commission
PC RESO NO. 6276 -2-
Resolution No. 6273, 6274, and 6275 for these other approval and is subject to
2 approval of CDP 04-26x1 by the Planning Director.
3 5, This approval shall become null and void upon the expiration of Tentative Map
CT 04 llxl.4
5 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
9 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
15 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PC RESO NO. 6276 -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 18th day of April 2007 by the
following vote, to wit:
AYES:
NOES:
Chairperson Baker, Commissioners Dominguez, Douglas, Segall
and Whitton
ABSENT: Commissioners Cardosa and Montgomery
ABSTAIN:
\JL
JULIE BAJCEff, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DONNEU
Planning Director
PC RESO NO. 6276 -4-