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HomeMy WebLinkAbout2013-10-02; Planning Commission; Resolution 7010 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, RECOMMENDING THAT THE CITY COUNCIL RESCIND A SPECIAL USE PERMIT GRANTED BY CITY COUNCIL ORDINANCE NO. 9117 TO ALLOW THE WOMAN’S CLUB OF CARLSBAD BY SPECIAL USE PERMIT IN THE R-1 ZONE ON PROPERTY LOCATED AT 3320 MONROE STREET, BETWEEN BASSWOOD AVENUE AND LINDA LANE AND LOCATED IN LOCAL FACILITIES MANAGEMENT ZONE 1. 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” OF THE STATE CEQA GUIDELINES. CASE NAME: THE WOMAN’S CLUB OF CARLSBAD CASE NO.: CUP 8(A) WHEREAS, The City of Carlsbad, has filed a verified application regarding property owned by Woman’s Club of Carlsbad, “Owner,” described as That portion of Tracts 252 and 253 of Thum Lands, in the County of San Diego, State of California, according to map thereof, No. 1681, filed in the office of the County Recorder of San Diego County, December 9, 1951. APN 205-160-01-00 (“the Property”); and WHEREAS, said verified application constitutes a request to rescind City Council Ordinance 9117, on file in the Planning Division, THE WOMAN’S CLUB OF CARLSBAD – CUP 8(A); and WHEREAS, the Planning Commission did, on October 2, 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 request to rescind City Council Ordinance 9117; and WHEREAS, on June 6, 1961, the City Council approved a Special Use Permit, as described and conditioned in City Council Ordinance No. 9117. 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. PLANNING COMMISSION RESOLUTION NO. 7010 PC RESO NO. 7010 -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 B) That based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS APPROVAL to rescind City Council Ordinance No. 9117 based on the following findings and subject to the following conditions: Findings: 1. That the Woman’s Club of Carlsbad is an existing non-conforming use and is regulated by the Conditional Use Permit (CUP 8). 2. Special Use Permits are used to implement the Scenic Preservation Overlay Zone (21.40) and the Floodplain Management Regulations (Chapter 21.210) of the Carlsbad Municipal Code. The Conditional Use Permit is the appropriate permit to allow uses which are not typically allowed in a specific zoning district and include conditions of approval for compatibility purposes. 3. 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, 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. 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. . . . . . . . . . . . . . . . . . . . . .