HomeMy WebLinkAbout2007-12-19; Planning Commission; Resolution 63661 PLANNING COMMISSION RESOLUTION NO. 6366
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A FIVE
YEAR EXTENSION OF A CONDITIONAL USE PERMIT TO
4 ALLOW THE CONTINUED OPERATION OF A PRIVATE
- SCHOOL LOCATED AT 3016 HIGHLAND DRIVE IN LOCAL
FACILITIES MANAGEMENT ZONE 1
6 CASE NAME: MONTESSORI ARTS AND SCIENCES
SCHOOL
7 CASE NO.: CUP 01-12x1
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WHEREAS, Janann Taylor, "Developer," has filed a verified application with
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the City of Carlsbad regarding property owned by Geissinger Family Trust, "Owner," described
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as11
12 That portion of lot twenty-one of Patterson's addition to town
of Carlsbad, in the City of Carlsbad, County of San Diego,
13 State of California, according to Map thereof No. 565, filed in
the Office of the County Recorder of San Diego County,
14 September 22,1888
15 ("the Property"); and
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WHEREAS, said verified application constitutes a request for a Conditional Use
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Permit Extension as shown on Exhibit(s) "A" - "D" dated October 2, 2002, on file in the18
19 Planning Department MONTESSORI ARTS AND SCIENCES SCHOOL - CUP 01-12x1, as
20 provided by the conditions of approval of CUP 01-12 and Chapter 21.42 and/or 21.50 of the
21 Carlsbad Municipal Code; and
22 WHEREAS, the Planning Commission did, on December 19, 2007, hold a duly
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noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
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25 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
27 relating to the CUP Extension; and
28 WHEREAS, on November 20, 2002, the Planning Commission denied CUP 01-
12 as described in Planning Commission Resolution No. 5225; and
1 WHEREAS, on March 4, 2003, the City Council approved CUP 01-12 as
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described and conditioned in City Council Resolution No. 2003-056;
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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c 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 MONTESSORI ARTS AND SCIENCES SCHOOL
- CUP 01-12x1 based on the following findings and subject to the following
9 conditions:
10 Findings:
1. The adopted findings for CUP 01-12 which are contained in City Council Resolution
12 No. 2003-056 apply to this extension and are incorporated by this reference.
13 Conditions;
14 l. 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
15 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 01-12 as stated in
21 City Council Resolution No. 2003-056 shall apply as conditions of approval for CUP 01-
22 12x1 and are incorporated by this reference, except Condition No. 24 is replaced by
Condition No. 4 below.
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3. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis
24 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
the Planning Director determines that the use has such substantial negative effects, the
26 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
27 substantial negative effects.
28 4. This Conditional Use Permit is granted for a period of five years from March 4, 2008
through March 3, 2013. This permit may be revoked at any time after a public hearing, if
PC RESO NO. 6366 -2-
it is found that the use has a substantial detrimental effect on surrounding land uses and
2 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 five years upon
3 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
substantial negative effects on surrounding land uses or the public's health and welfare.
e If a substantial negative effect on surrounding land uses or the public's health and welfare
is found, the extension shall be denied or granted with conditions which will eliminate or
6 substantially reduce such effects. There is no limit to the number of extensions the
Planning Commission may grant.
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8 NOTICE
9 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
10 "fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
12 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
1 . 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
16 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
10 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PC RESO NO. 6366 -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 December 19, 2007 by the following
vote, to wit:
AYES: Commissioners Boddy, Cardosa, Dominguez, Douglas,
Montgomery, and Whitton
NOES:
ABSENT: Chairperson Baker
ABSTAIN:
(
MICHAEL CARDOSA, Vice Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PC RESO NO. 6366 .4.