Loading...
HomeMy WebLinkAbout2012-07-03; Planning Commission; Resolution 6890 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 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A FIVE YEAR EXTENSION OF A CONDITIONAL USE PERMIT TO RETROACTIVELY EXTEND THE APPROVAL OF THE SAINT PATRICK PARISH AND SCHOOL USES, WHICH INCLUDE A CHURCH, PARISH CENTER, HOUSE, PLAYGROUND, PARKING LOT, NINE MOBILE CLASSROOM BUILDINGS, AND A GARAGE THRIFT STORE ON PROPERTY GENERALLY LOCATED NORTH OF TAMARACK AVENUE, SOUTH OF MAGNOLIA AVENUE, EAST OF PIO PICO DRIVE AND WEST OF ADAMS AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: SAINT PATRICK PARISH SCHOOL CASE NO.: CUP 204(E)X1 WHEREAS, Caroline Dooley, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Roman Catholic Bishop of San Diego, “Owner,” described as That portion of Tract No. 236 of Thum Lands, according to Map No. 1681, filed in the Office of the County Recorder on December 14, 1915, in the City of Carlsbad, County of San Diego, State of California (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit Extension as shown on Exhibit “A” dated July 3, 2012, on file in the Planning Division SAINT PATRICK PARISH SCHOOL – CUP 204(E)X1, as provided by the conditions of approval of CUP 204(E) and Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on July 3, 2012, hold a duly noticed public hearing as prescribed by law to consider said request; and . . . . . . . . . PLANNING COMMISSION RESOLUTION NO. 6890 PC RESO NO. 6890 -2- 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 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the CUP Extension; and WHEREAS, on February 20, 2008, the Planning Commission approved Saint Patrick Parish School – CUP 204(E) as described and conditioned in PC Resolution No. 6382. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission APPROVES SAINT PATRICK PARISH SCHOOL – CUP 204(E)X1 effective retroactively from April 2, 2012 through April 1, 2017 based on the following findings and subject to the following conditions: Findings: 1. The adopted findings for CUP 204(E) which are contained in Planning Commission Resolution No. 6382 apply to this extension and are incorporated by this reference. Conditions: 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 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 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 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 Extension. 2. All conditions of approval imposed upon Conditional Use Permit CUP 204(E) as stated in Planning Commission Resolution No. 6382 shall apply as conditions of approval for CUP 204(E)x1 and are incorporated by this reference, except Condition No. 10 which has been satisfied, and Condition No. 9 which is replaced by Condition No. 4 below, and new Condition Nos. 5 and 6 which have been added below. 3. CUP 204(E)x1 shall be reviewed by the City Planner 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. PC RESO NO. 6890 -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 If the City Planner 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 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, 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 City Planner 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 whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose new conditions. 4. This Conditional Use Permit is granted retroactively for a period of 5 years from April 2, 2012 through April 1, 2017. 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 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 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 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. 5. 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 City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Conditional Use Permit Extension by Resolution No. 6890 on the property. Said Notice of Restriction 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 City Planner 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. 6. Developer shall comply with the City's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution treatment practices or devices, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements.