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HomeMy WebLinkAbout2017-08-16; Planning Commission; Resolution 7259 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 APPROVAL OF THE FIRST TIME EXTENSION OF A CONDITIONAL USE PERMIT TO ALLOW THE CONTINUED OPERATION OF A 2,850 SQUARE FOOT TEMPORARY MOBILE BUILDING ON THE 16.37-ACRE SDG&E SITE LOCATED AT 5016 CARLSBAD BOULEVARD IN THE AGUA HEDIONDA SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 3. CASE NAME: SDG&E NORTH COAST OPS CENTER CASE NO.: CUP 11-07 (DEV11047) WHEREAS, San Diego Gas & Electric Company, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as A Portion of Rancho Agua Hedionda in the City of Carlsbad, defined as Parcel 5 in Certificate of Compliance recorded October 30, 2001 (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit Extension as shown on Exhibits “A” – “G” dated August 16, 2017, on file in the Planning Division, SDG&E NORTH COAST OPS CENTER, as provided by the conditions of approval of CUP 11-07 and Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and WHEREAS, on April 4, 2012, the Planning Commission recommended approved CUP 11- 07 as described and conditioned in Planning Commission Resolution No. 6871. WHEREAS, on May 8, the City Council approved CUP 11-07 as described and contained in City Council Resolution No. 2012-105; and WHEREAS, the Planning Commission did, on August 16, 2017, 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 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. PLANNING COMMISSION RESOLUTION NO. 7259 PC RESO NO. 7259 -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 of the first five-year time extension of CUP 11-07X1 – SDG&E NORTH COAST OPS CENTER based on the following findings and subject to the following conditions: Findings: 1. The adopted findings for CUP 11-07 which are contained in Planning Commission Resolution No. 6871 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 11-07 as stated in Planning Commission Resolution No. 6871 shall apply as conditions of approval for CUP 11-07X1 and are incorporated by this reference, except Condition No. 9 which is replaced by Condition No. 5 below, and Condition No. 11 is replaced by Condition No. 4 below. 3. CUP 11-07 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. 4. This Conditional Use Permit Extension is granted for a period of five (5) years from May 8, 2017 through May 7, 2022. 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 a recommendation for approval to City Council, 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, PC RESO NO. 7259 -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 the extension shall be denied or recommended for approval to City Council with conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the City Council 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. 7259 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. 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of 2 the City of Carlsbad, California, held on August 16, 2017 by the following vote, to wit: 3 AYES: Chairperson Segall, Commissioner Anderson, Black, Goyarts, 4 Montgomery, Rodman and Siekmann 5 NOES: 6 ABSENT: 7 ABSTAIN: 8 9 10 11 JEF GALL, Chairperson CARLSBAD PLANNING COMMISSION 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATIEST: ~rt DON NEU City Planner PC RESO NO. 7259 -4-