HomeMy WebLinkAbout2013-06-05; Planning Commission; Resolution 6984
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
CONDITIONAL USE PERMIT (CUP) TO: 1) ALLOW THE
CONTINUED USE OF THE TEMPORARY, OFFICE AND
CLASSROOM BUILDING; 2) CHANGE THE USE OF THE
TEMPORARY, RESTROOM BUILDING FROM RESTROOMS
TO STORAGE AND 3) INSTALL A TEMPORARY SHADE
CANOPY, ON PROPERTY GENERALLY LOCATED AT 801
PINE AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE
1.
CASE NAME: PINE AVENUE PARK TEMPORARY
BUILDINGS
CASE NO.: CUP 12-12
WHEREAS, City of Carlsbad, “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
Tract 110 of Carlsbad Lands, according to Map No. 1661, filed in the Office of the County Recorder on February 27, 1915;
and Portions of Blocks 45, 46, and 59 and Lots 5 through 10 of
Town of Carlsbad Amended, according to Map No. 775, filed
in the Office of the County Recorder on February 15, 1893, all
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 as shown on Exhibits “A” – “D” dated June 5, 2013, on file in the Planning Division,
PINE AVENUE PARK TEMPORARY BUILDINGS – CUP 12-12, as provided by Chapter
21.42 and/or 21.50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on June 5, 2013, hold a duly noticed
public hearing as prescribed by law to consider said request; and
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.
PLANNING COMMISSION RESOLUTION NO. 6984
PC RESO NO. 6984 -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
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 Commission
APPROVES PINE AVENUE PARK TEMPORARY BUILDINGS – CUP 12-
12, based on the following findings and subject to the following conditions:
Findings:
1. That the requested use is necessary or desirable for the development of the community,
and is in harmony with the various elements and objectives of the general plan, including,
if applicable, the certified local coastal program, specific plan or master plan, in that the
temporary buildings and shade structure are desirable to provide a place for after-
school and summer camp programs, which at least one of the buildings has been
used for several years. The temporary structures are harmonious with the OS
General Plan designation and have been designed to not be detrimental to
surrounding uses by the placement of the structures adjacent to the Senior Center and parking lot and not interfering with any of the other recreational uses within
the park site.
2. That the requested use is not detrimental to existing uses or to uses specifically permitted
in the zone in which the proposed use is to be located in that the temporary buildings
and shade structure would not impose any detrimental impacts to other uses in the
surrounding area in that the lot is currently used as a community park and senior
center. The mobile buildings and shade structure are necessary for effective delivery
of recreation programs and are compatible with other park uses. Further, the
temporary structures are compatible in color with the surrounding park structures
and uses.
3. That the site for the proposed conditional use is adequate in size and shape to
accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas,
landscaping and other development features prescribed in this code and required by the
City Planner, planning commission or city council, in order to integrate the use with other
uses in the neighborhood, in that the 7.2 acre site is currently used as a community
park, storage area, public restrooms and a senior community center. The temporary
buildings and shade structure are located at the northeast corner of the park and do
not encroach into the adjacent parking lot. The temporary buildings meet all fire
and building code regulations, including an ADA compliant access ramp to both
temporary buildings. Mature landscaping surrounds the structures and no additional lighting is proposed.
4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the existing temporary buildings and shade
structure will not generate any additional traffic. Most of the users are dropped off
PC RESO NO. 6984 -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
by parents or walk to the site. No parking spaces will be eliminated and the street
system serving the park is adequate to properly handle all existing traffic.
5. That the City Planner has determined that this project is exempt from the
requirements of the California Environmental Quality Act (CEQA) per Section
15301 - Existing Facilities and Section 15303 – New Construction or Conversion of
Small Structures, of the State CEQA Guidelines and will not have any adverse
significant impact on the environment. A Notice of Exemption will be filed with the
County Clerk upon approval of this project.
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.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use Permit 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.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Conditional Use Permit,
(b) City’s approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator’s installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions. This obligation
survives until all legal proceedings have been concluded and continues even if the City’s
approval is not validated.
5. Developer shall submit to the Planning Division a reproducible 24” x 36” mylar copy of
the Site Plan reflecting the conditions approved by the final decision-making body.
PC RESO NO. 6984 -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
6. CUP 12-12 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. 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.
7. This Resolution supersedes Planning Commission Resolution No. 5731 (CUP 03-
18(A)) and Condition Nos. 2, 4 and 5 of Planning Commission Resolution No. 6638.
8. This Conditional Use Permit is granted for a period of five (5) years from June 5, 2013
through June 4, 2018. 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 five (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.
NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad
Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the
Planning Commission’s decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section
21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council
must make a determination on the appeal prior to any judicial review.
. . .
. . .
. . .
. . .
I
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
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."
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
annul their imposition.
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
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.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on June 5, 2013 by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Siekmann, Commissioners Anderson, Black,
L'Heureux, Schumacher, Scully and Segall
'~1\s~~
KERRY K. SIEKMANN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
~. )/1 //k.,
DONNEU
City Planner
PC RESO NO. 6984 -5-