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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 23 WHEREAS, said verified application constitutes a request for a Conditional Use 24 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 3 WHEREAS, at said public hearing, upon hearing and considering all testimony 4 <- 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: 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 POINSETTIA COMMUNITY PARK 12 TEMPORARY BUILDING based on the following findings and subject to the following conditions: 13 Findings; 14 « <. 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. 16 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: 27 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. 9 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. 17 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. 27 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. 13 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. 25 26 27 28 PC RESO NO. 6694 -4- 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 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 PC RESO NO. 6694 -5-