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HomeMy WebLinkAbout2007-06-20; Planning Commission; Resolution 63141 PLANNING COMMISSION RESOLUTION NO. 6314 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO AMEND 4 THE CONDITIONS OF APPROVAL FOR A FAITH-BASED RETIREMENT VILLAGE LOCATED AT 1400 FLAME TREE LANE IN LOCAL FACILITIES MANAGEMENT ZONE 20. 6 CASE NAME: SUDAN INTERIOR MISSION (SIM) CASE NO.: CUP 19QfB) 7 WHEREAS, George Salloum, "Applicant," has filed a verified application with o 9 the City of Carlsbad regarding property owned by SIM USA, Inc., "Owner," described as 10 All that portion of Description No. 4 of map 5715 filed December 19,1960, being a portion of Map 823 filed November 11 11,1896 12 ("the Property"); and 13 WHEREAS, said verified application constitutes a request for a Conditional Use 14 Permit Amendment as shown on Exhibit "A" dated June 20, 2007, on file in the Planning 16 Department SIM USA, INC. - CUP 190 (B), as provided by the conditions of approval of CUP 17 190 and CUP 190 (A) Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and 18 WHEREAS, the Planning Commission did, on the 20th day of June, 2007, hold a 19 duly noticed public hearing as prescribed by law to consider said request; and 20 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 23 relating to the CUP amendment; and 24 WHEREAS, on June 20th, the Planning Commission approved CUP 190 (B), as 25 described and conditioned in Planning Commission Resolution No. 6314. 26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 27 Commission of the City of Carlsbad as follows:28 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission 2 APPROVES SIM USA, INC. - CUP 190(B) based on the following findings and subject to the following conditions: 3 Findings:4 r 1. That the requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the General Plan, and 6 is not detrimental to existing uses specifically permitted in the zone in which the proposed use is located, in that the amendment leaves the site in harmony with the 7 General Plan and is not detrimental to the existing or proposed uses as it does not reflect a substantial change in the site and facilitates the continued operation of a faith-based retirement village. 9 2. That the site for the intended use is adequate in size and shape to accommodate the use, 10 in that the site is currently adequate for the current use and the proposed amendment is not proposing any new development. ,~ 3. That all the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be 13 provided and maintained, in that the amendment does not change the use and no new development is proposed. 14 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the existing street system is currently adequate 16 to serve the retirement village and no change in use or development is occurring. 17 5. That the Planning Director has determined that the project qualifies as an action that has been determined by the state Legislature pursuant to Section 15301, consisting of the operation, repair, maintenance, permitting, leasing, licensing or minor alteration of in existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that 20 existing at the time of the lead agency's determination. 21 6. 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 23 degree of the exaction is in rough proportionality to the impact caused by the project. 24 Conditions: 25 l. If any of the following conditions fail to occur, or if they are, by their terms, to be 26 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 27 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 28 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 PCRESONO. 6314 -2- conditions or seek damages for their violation. No vested rights are gained by Developer 2 or a successor in interest by the City's approval of this Conditional Use Permit Amendment. 3 All the conditions contained in Planning Commission Resolution No. 1741, dated 4 December 17, 1980, for CUP 190, and Planning Commission Resolution No. 3105, c dated September 19,1990 are incorporated herein by reference and remain in effect, except Condition No. 6 of Planning Commission Resolution No. 1741, which is to be 6 deleted and replaced by Condition No. 6 below. 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 9 the Planning Director determines that the use has such substantial negative effects, the Planning Director shall recommend that the Planning Commission, after providing the 10 permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects.11 4. This Conditional Use Permit is granted for a period of 15 years from June 20, 2007 through June 20, 2022. This permit may be revoked at any time after a public hearing, if 13 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. This permit may be extended for a reasonable period of time not to exceed 5 years upon written application of the permittee made no less than 90 days prior to the expiration date. The Planning Commission may not grant such extension, unless it finds that there are no 16 substantial negative effects on surrounding land uses or the public's health and welfare. If a substantial negative effect on surrounding land uses or the public's health and welfare is 17 found, the extension shall be denied or granted with conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the Planning Commission may grant. 19 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 20 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 21 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 CUP 190 B. This obligation survives until all legal proceedings have been concluded and continues even if the City's 23 approval is not validated. 24 6. This Conditional Use Permit (CUP 190 (B)) is transferable with the land and the use of the property shall be maintained as a faith-based retirement facility. 25 7. Property owner shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit and the City's SUSMP. Property owner 27 shall provide improvements constructed pursuant to best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Improvements shall include installing a storm drain inlet filter in the drain inlet on PCRESONO. 6314 -3- Sweetbriar Circle prior to the next annual review and to the satisfaction of the City 2 Engineer. Property owner shall notify prospective owners and tenants of the following: 3 A. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and 4 hazardous waste products. B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain 7 or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet ° Federal, State, County and City requirements as prescribed in their respective containers. 10 C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 11 8. Developer shall cause property owner to process, execute and submit an executed copy to the City Engineer for recordation a City standard Permanent Storm water Quality Best ,~ Management Practice Maintenance Agreement for the perpetual maintenance of all treatment control, applicable site design and source control, post-construction permanent 14 Best Management Practices prior to the next annual review of this Conditional Use Permit. 15 9. The property owner shall take measures to stabilize the driveway entrance on Aviara Parkway to prevent erosion and the movement of debris into the public right-of-way. Material and application of said material for the driveway shall be permanent and is subject to the City Engineer's approval. 18 10. Prior to the issuance of the Conditional Use Permit Amendment, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in 21 interest that the City of Carlsbad has issued a Conditional Use Permit Amendment by Resolution No. 6314 on the property. Said Notice of Restriction shall note the property 22 description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment 24 to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 25 26 27 28 PCRESONO. 6314 -4- 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 g 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 NOTICE similar to this, or as to which the statute of limitations has previously otherwise 12 expired. 13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 14 Commission of the City of Carlsbad, California, held on the 20th day of June, 2007 by the 15 following vote, to wit: 16 AYES: Chairperson Baker, Commissioner Boddy, Cardosa, Dominguez, Douglas, Montgomery, and Whitton 18 NOES: 19 ABSENT: 20 21 ABSTAIN: 22 23 tfULlK BAKER, Chairperson k^RLSBAD PLANNING COMMISSION24 25 ATTEST: 26 " 27 DON NEU Planning Director PCRESONO. 6314 -5-