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Home My WebLink About2008-09-03; Planning Commission; Resolution 64561 PLANNING COMMISSION RESOLUTION NO. 6456 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A RETRO- ACTIVE FIVE-YEAR EXTENSION OF A CONDITIONAL USE 4 PERMIT (CUP 90-13x3) TO ALLOW FOR THE CONTINUED 5 OPERATION OF THE CARLSBAD HIRING CENTER ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF 6 ORION STREET BETWEEN FARADAY AVENUE AND EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT 7 ZONES. CASE NAME: CARLSBAD HIRING CENTER 8 CASE NO.: CUP 90-13x3 9 WHEREAS, the City of Carlsbad, "Developer," has filed a verified application 10 with the City of Carlsbad regarding property owned by the County of San Diego, "Owner," 12 described as 13 Portion of Lot B, Map 823, Rancho Agua Hedionda 14 ("the Property"); and WHEREAS, said verified application constitutes a request for a Conditional Use 16 Permit Extension as shown on Exhibits "A" - "B" dated February 20, 1991, on file in the 17 Planning Department CARLSBAD HIRING CENTER - CUP 90-13x3, as provided by the18 19 conditions of approval of CUP 90-13x2 and Chapter 21.42 and/or 21.50 of the Carlsbad 20 Municipal Code; and 21 WHEREAS, the Planning Commission did, on February 20, 1991, hold a duly 22 noticed public hearing as prescribed by law to consider CUP 90-13; and 23 WHEREAS, the Planning Commission did, on March 2, 1994, hold a duly 24 noticed public hearing as prescribed by law to consider CUP 90-13x1; and •*— ~J 26 WHEREAS, the Planning Commission did, on July 16, 2003, hold a duly noticed public hearing 27 as prescribed by law to consider CUP 90-13x2; and •70zo WHEREAS, the Planning Commission did, on September 3, 2008, hold a duly noticed public hearing as prescribed by law to consider CUP 90-13x3; and WHEREAS, at said public hearing, upon hearing and considering all testimony 2 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 3 relating to the CUP Extension. 4 5 WHEREAS, on July 16, 2003, the Planning Commission approved CUP 90-13x2 6 as described and conditioned in Planning Commission Resolution No. 5439. 7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Q Commission of the City of Carlsbad as follows: 9 A) That the foregoing recitations are true and correct. 10 B) That based on the evidence presented at the public hearing, the Planning 11 Commission APPROVES CARLSBAD HIRING CENTER - CUP 90-13x3, j 2 based on the following findings and subject to the following conditions: 13 Findings: 14 l. The adopted findings for CUP 90-13 which are contained in Planning Commission . - Resolution No. 3190 and referred to in Planning Commission Resolution No. 5439 apply to this extension and are incorporated herein by this reference except Finding No. 16 4 of Planning Commission Resolution No. 3190 which is replaced by Finding No. 2 below. 17 2. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that the street is a publicly dedicated and publicly 19 maintained road (Orion Street) which provides access to the Hiring Center; and is minimally used; and the use generates little additional traffic. 20 Conditions:21 22 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 23 implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all 24 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 property title; institute and prosecute litigation to compel their compliance with said 26 conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Conditional Use Permit. 27 2. All conditions of approval imposed upon Conditional Use Permit CUP 90-13x2 as stated in Planning Commission Resolution No. 5439 shall apply as conditions of approval for PC RESO NO. 6456 -2- CUP 90-13x3 and are incorporated by this reference, except Condition No. 4 is replaced 2 by Condition No. 4 below. 3 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 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 6 permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects. 7 4. This Conditional Use Permit is granted retroactively for a period of 5 years from July 15, 2008 through July 15, 2013. This permit may be revoked at any time after a public 9 hearing, if 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 10 met. This permit may be extended for a reasonable period of time not to exceed five 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 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 13 public's health and welfare is found, the extension shall be denied or granted with conditions which will eliminate or substantially reduce such effects. There is no limit to 14 the number of extensions the Planning Commission may grant. 15 NOTICE 16 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 18 'fees/exactions." 19 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 22 annul their imposition. 23 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 25 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 26 expired. 27 28 PC RESO NO. 6456 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on September 3, 2008 by the following vote, to wit: AYES: Commissioners Baker, Boddy, Cardosa, Dominguez, Douglas, and Vice Chairperson Montgomery NOES: ABSENT: Chairperson Whitton ABSTAIN: MARTELL B. MONTG CARLSBAD PLANNING ATTEST: 21 DON NEU Planning Director PC RESO NO. 6456 -4-