Loading...
HomeMy WebLinkAbout2015-09-16; Planning Commission; Resolution 7123 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 (5)-YEAR EXTENSION RETROACTIVELY FOR A MAJOR REVIEW PERMIT FOR THE EXISTING FARMERS’ MARKET LOCATED ON THE 2900 BLOCK OF STATE STREET, BETWEEN GRAND AVENUE TO THE NORTH AND CARLSBAD VILLAGE DRIVE TO THE SOUTH, EVERY WEDNESDAY FROM 1:30 P.M. TO 8:00 P.M. IN THE SUMMER AND 1:30 P.M. TO 7:00 P.M. IN THE WINTER, IN LAND USE DISTRICT 1 OF THE VILLAGE REVIEW ZONE. CASE NAME: CARLSBAD FARMERS’ MARKET CASE NO.: RP 13-03x1 WHEREAS, the Carlsbad Village Association, “Applicant,” has filed a verified application with the City of Carlsbad regarding property owned by the City, “Owner,” described as All that portion of State Street lying northwesterly of the prolongation of the northwesterly right of way line of Carlsbad Village Drive and lying southeasterly of the prolongation of the southeasterly right of way line of Grand Avenue, shown as First Street lying between Elm Avenue and Grand Avenue per the Amended Map of the Town of Carlsbad Map 775 recorded March 17, 1915 in the office of the Recorder of San Diego County, California (“the Property”); and WHEREAS, said verified application constitutes a request for a Major Review Permit Extension as shown on Exhibit “A” dated May 15, 2013, on file in the Planning Division RP 13-03x1 - CARLSBAD FARMERS’ MARKET, as provided by the conditions of approval of RP 13-03 and Chapter 21.35.080 of the Carlsbad Municipal Code; and WHEREAS, on May 15, 2013, the Planning Commission recommended approval of RP 13-03 pursuant to Planning Commission Resolution No.6976; and WHEREAS, on June 18, 2013, the City Council approved RP 13-03 pursuant to Planning City Council Resolution No. 2013-156; and WHEREAS, Condition No. 22 of Planning Commission Resolution No. 6976 indicates that the Planning Commission has the ability to grant future time extensions in increments of up to five (5) years per extension request; and PLANNING COMMISSION RESOLUTION NO. 7123 PC RESO NO. 7123 -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, the Planning Commission did, on September 16, 2015, 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 Major Review Permit Extension. 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 RP 13-03x1 – CARLSBAD FARMERS’ MARKET, based on the following findings and subject to the following conditions: Findings: 1. The adopted findings for RP 13-03, which are contained in Planning Commission Resolution No. 6976, 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 Major Review Permit Extension. 2. All conditions of approval imposed upon Major Review Permit RP 13-03 as stated in Planning Commission Resolution No. 6976 shall apply as conditions of approval for RP 13-03x1 and are incorporated by this reference, except Condition No. 22. All conditions have been satisfied and Condition No. 22 is replaced by Condition No. 4 below. 3. RP 13-03x1 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 PC RESO NO. 7123 -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 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 for a period of five (5) years from June 19, 2015 through June 18, 2020. 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. 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. . . . . . .