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Home My WebLink About2009-09-02; Planning Commission; Resolution 66371 PLANNING COMMISSION RESOLUTION NO. 6637 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 USE OF A TEMPORARY MOBILE 5 BUILDING ON PROPERTY GENERALLY LOCATED AT AVIARA PARK, 6440 AMBROSIA LANE IN LOCAL 6 FACILITIES MANAGEMENT ZONE 19. CASE NAME: AVIARA PARK TEMPORARY BUILDING 7 CASE NO.: CUP 01 -22(A)x 1 8 WHEREAS, City of Carlsbad, "Developer/Owner," has filed a verified 9 application with the City of Carlsbad regarding property described as 10 Those portions of Section 35, Township 12 South, Range 4 West and Section 2, Township 13 South, Range 4 West, San 12 Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to official plan thereof, 13 said property being more particularly described in Exhibit "A" of Quitclaim Deed recorded March 28, 1989 as File No. 89- 14 157040 of official records of said San Diego County 15 ("the Property"); and 16 WHEREAS, on February 20, 2002, the Planning Commission approved CUP 17 01-22 as described and conditioned in Planning Commission Resolution No. 5109; and18 19 WHEREAS, on September 15, 2004, the Planning Commission approved CUP 20 01-22(A) as described and conditioned in Planning Commission Resolution No. 5732; and 21 WHEREAS, said verified application constitutes a request for a Conditional Use 22 Permit Extension as shown on Exhibits "A" - "C" dated September 15, 2004, on file in the 23 Planning Department, AVIARA PARK TEMPORARY BUILDING - CUP 01-22(A), as 24 _ provided by the conditions of approval of CUP 01-22(A) and Chapter 21.42 and/or 21.50 of the 25 Carlsbad Municipal Code; and 27 WHEREAS, the Planning Commission did, on September 2, 2009, hold a duly 28 noticed public hearing as prescribed by law to consider said request; 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 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 6 Commission of the City of Carlsbad as follows: 7 A) That the foregoing recitations are true and correct. o B) That based on the evidence presented at the public hearing, the Planning 9 Commission APPROVES AVIARA PARK TEMPORARY BUILDING - CUP 01-22(A)xl based on the following findings and subject to the following 10 conditions: 11 Findings: 12 1. The adopted findings for CUP 01-22(A) which are contained in Planning Commission 13 Resolution No. 5732 apply to this extension and are incorporated by this reference. 14 2. The Planning Commission finds that there are no substantial negative effects . - associated with the temporary mobile building on surrounding land uses or the public's health and welfare. 16 Conditions: 17 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 J9 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 20 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 21 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 or a successor in interest by the City's approval of this Conditional Use Permit. 23 2. All conditions of approval imposed upon Conditional Use Permit CUP 01-22(A) as stated 24 in Planning Commission Resolution No. 5732 shall apply as conditions of approval for CUP 01-22(A)xl and are incorporated by this reference, except Conditions No. 5, 6 & 8 which have been satisfied, and Condition No. 10 is replaced by Condition No. 4 below. 26 3. CUP 01-22(A)xl shall be reviewed by the Planning Director annually to determine if all 27 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, safety and general welfare. If the Planning Director determines that: 1) the Conditional Use Permit was obtained by fraud or misrepresentation; or 2) the use for which such approval was granted is not being PC RESO NO. 6637 -2- exercised; or 3) the Conditional Use Permit is being or recently has been exercised 2 contrary to any of the terms or conditions of approval or the conditions of approval have not been met; or 4) the use for which such approval was granted has ceased to exist or has 3 been suspended for one year or more; or 5) the use is in violation of any statute, ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is being or has been so exercised as to be detrimental to the public health, safety or welfare ,- or so as to constitute a nuisance, the Planning Director shall recommend that the Planning Commission hold a public hearing and after providing the permittee the opportunity to be 6 heard, the Planning Commission may revoke and terminate the Conditional Use Permit in whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose new conditions. o This Conditional Use Permit is granted for a period of 5 years from September 15, 2009 9 through September 14, 2014. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect on surrounding land 10 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 12 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 13 health and welfare. 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 substantially reduce such effects. There is no limit to . , the number of extensions the Planning Commission may grant. 16 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." 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 22 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or 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, 25 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 26 NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired.27 28 PC RESO NO. 6637 -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 2, 2009 by the following vote, to wit: AYES: NOES: Commissioners Baker, Dominguez, L'Heureux, Nygaard, Schumacher, and Chairperson Montgomery ABSENT: Commissioner Douglas ABSTAIN: MARTELL B. MONTdOMERYjMkirperson CARLSBAD PLANNING COMMISSION ATTEST: SIX DON NEU Planning Director PCRESONO. 6637 -4-