HomeMy WebLinkAbout2010-06-16; Planning Commission; Resolution 66941 PLANNING COMMISSION RESOLUTION NO. 6694
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
RETROACTIVE FIVE YEAR EXTENSION OF A
4 CONDITIONAL USE PERMIT TO ALLOW THE CONTINUED
5 USE OF A TEMPORARY MOBILE BUILDING USED AS AN
INTERIM MAINTENANCE OFFICE BUILDING ON
6 PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF
PASEO DEL NORTE, WEST OF HIDDEN VALLEY ROAD,
7 SOUTH OF PALOMAR AIRPORT ROAD AND NORTH OF
CAMINO DE LAS ONDAS COMMONLY KNOWN AS
8 POINSETTIA COMMUNITY PARK IN LOCAL FACILITIES
9 MANAGEMENT ZONE 20.
CASE NAME: POINSETTIA COMMUNITY PARK
10 TEMPORARY BUILDING
CASE NO.: CUP 92-05(A)X 111
12 WHEREAS, City of Carlsbad, "Developer/Owner," has filed a verified
13 application with the City of Carlsbad regarding property described as
14 That portion of the west half of Section 21, Township 12 south,
Range 4 west, San Bernardino Meridian, in the City of
Carlsbad, County of San Diego, according to United States
16 Government Survey; Lot 8 of Carlsbad Tract No. 72-23,
according to map thereof No. 7683 filed in the office of the
17 county Recorder of San Diego County June 29, 1973; Those
portions of Lots 3 and 4, in Section 21, Township 12 south,
Range 4 west, San Bernardino Meridian, according to the
I o official plat
20 ("the Property"); and
21 WHEREAS, on April 5, 2000, the Planning Commission approved CUP 92-
22 05(A) as described and conditioned in Planning Commission Resolution No. 4736; 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 "A" dated April 5, 2000, on file in the Planning
26 Department POINSETTIA COMMUNITY PARK TEMPORARY BUILDING - CUP 92-
27 05(A), as provided by the conditions of approval of CUP 92-05(A) and Chapter 21.42 and/or
28 21.50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on June 16, 2010, hold a duly noticed
2 ...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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<- and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
6 relating to the CUP Extension.
7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
o
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Planning
11 Commission APPROVES POINSETTIA COMMUNITY PARK
12 TEMPORARY BUILDING based on the following findings and subject to the
following conditions:
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Findings;
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« <. 1. The adopted findings for CUP 92-05(A) which are contained in Planning Commission
Resolution No. 4736 apply to this extension and are incorporated by this reference.
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2. The Planning Commission finds that there are no substantial negative effects
17 associated with the temporary mobile building on surrounding land uses or the
public's health and welfare.18
19 3. That the Planning Director has determined that the project belongs to a class of projects
that the State Secretary for Resources has found do not have a significant impact on the
20 environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15301, Existing Facilities,
^1 of the state CEQA Guidelines. In making this determination, the Planning Director has
22 found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not
apply to this project.
23 4. The Planning Commission has reviewed each of the exactions imposed on the Developer
24 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
25 degree of the exaction is in rough proportionality to the impact caused by the project.
26 „ *..Conditions:
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1. If any of the following conditions fail to occur, or if they are, by their terms, to be
28 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
PC RESO NO. 6694 -2-
revoke or modify all approvals herein granted; deny or further condition issuance of all
2 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
3 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
c extension.
6 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use Permit extension documents, as necessary to
make them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
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3. Developer shall comply with all applicable provisions of federal, state, and local laws and
10 regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment
12 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section
13 66020. If any such condition is determined to be invalid, this approval shall be invalid
unless the City Council determines that the project without the condition complies with
14 all requirements of law.
5. This project shall comply with all conditions and mitigation measures which are required
16 as part of the Zone 20 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
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6. CUP 92-05(A)xl shall be reviewed by the Planning Director annually 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, safety and general welfare.
If the Planning Director determines that: 1) the Conditional Use Permit was obtained by
20 fraud or misrepresentation; or 2) the use for which such approval was granted is not being
exercised; or 3) the Conditional Use Permit is being or recently has been exercised
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
been suspended for one year or more; or 5) the use is in violation of any statute,
23 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
24 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
heard, the Planning Commission may revoke and terminate the Conditional Use Permit in
26 whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose
new conditions.
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7. This Conditional Use Permit is granted for a period of 5 years retroactively from April 5,
2010 through April 4, 2015. 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
PC RESO NO. 6694 -3-
uses and the public's health and welfare, or the conditions imposed herein have not been
2 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
3 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
r 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
6 the number of extensions the Planning Commission may grant.
8. 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
9 parties and successors in interest that the City of Carlsbad has issued a Conditional Use
Permit extension by Resolution No. 6694 on the property. Said Notice of Restriction
10 shall note the property 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 to the notice which modifies or terminates said notice upon a
showing of good cause by the Developer or successor in interest.
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14 NOTICE
15 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
16 "fees/exactions."
17 You have 90 days from date of final approval to protest imposition of these fees/exactions. If
I g 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
19 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.
21 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
22 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
23 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
expired.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on June 16, 2010 by the following vote, to
wit:
AYES:
NOES:
Chairperson Douglas, Commissioners Baker, Dominguez,
L'Heureux, and Schumacher
ABSENT: Commissioners Montgomery and Nygaard
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
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