HomeMy WebLinkAbout2013-10-02; Planning Commission; Resolution 7010
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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-
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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.
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