HomeMy WebLinkAbout2000-08-02; Planning Commission; Resolution 48051
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PLANNING COMMISSION RESOLUTION NO. 4805
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING AN
EXTENSION OF A CONDITIONAL USE PERMIT TO ALLOW
THE CONTINUED OPERATION OF A MUNICIPAL FIRE
STATION ON PROPERTY GENERALLY LOCATED AT THE
NORTHWEST CORNER OF BUTTERCUP ROAD AND
BATIQUITOS DRIVE IN LOCAL FACILITIES MANAGEMENT
ZONE 4
CASE NAME: FIRE STATION NO. 4
CASE NO.: CUP 268X3
WHEREAS, City of Carlsbad Fire Department, “Developer”, has filed a
verified application with the City of Carlsbad regarding property owned by City of Carlsbad,
“Owner”, described as
That portion of real property in the City of Carlsbad, County
of San Diego, State of California, as dedicated per document
F.P. 73-237096 of Official Records
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Extension as shown on Exhibits “A” - “C” dated March 19, 1985, on tile in the
Carlsbad Planning Department FIRE STATION NO. 4 - CUP 268x3, as provided by the
conditions of approval of CUP 268x2 and Chapter 21.42 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 2nd day of August 2000, 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
WHEREAS, on April 10, 1985, the Planning Commission approved CUP 268 as
described and conditioned in Planning Commission Resolution No. 2430.
WHEREAS, on June 20, 1990, the Planning Commission approved CUP 268x1
as described and conditioned in Planning Commission Resolution No. 3021;
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WHEREAS, on July 17, 1996, the Planning Commission approved CUP 268x2
as described and conditioned in Planning Commission Resolution No. 3957; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
4 That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES FIRE STATION NO. 4 - CUP 268x3 on the
following findings and subject to the following conditions:
Findines:
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5.
That the requested use is necessary or desirable for the development of the community, is
essentially in harmony with the various elements and objectives of the General Plan, and
is not detrimental to existing uses specifically permitted in the zone in which the
proposed use is located, in that the fire station is needed to serve existing and future
development in the southwest quadrant.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the fire station and all ancillary improvements continue to fit on the site.
That all the yards, setbacks, walls, fences, landscaping, and other features necessary to
adjust the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that the existing landscaping and walls, along with
topographic characteristics, adjust the fire station to its residential surroundings.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that Batiquitos Lane is a collector street with a
maximum traffic capacity of 10,000 trips per day.
That the Planning Director has determined that the project belongs to a class of projects
that the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15301 of the state CEQA
Guidelines. In making this determination, the Planning Director has found that the
exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to 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
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2.
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future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; 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.
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.
This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis
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 and welfare. If
the Planning Director determines that the use has such substantial negative effects, the
Planning Director shall recommend that the Planning Commission, after providing the
permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
substantial negative effects.
This Conditional Use Permit is granted for a period of five years effective retroactively
from expiration date, with a new expiration date of June 17, 2005. 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.
All other conditions of approval contained in Planning Commission Resolutions No.
2430,3021, and 3957, except as modified herein, remain in full force and effect.
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
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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 the 2nd day of August 2000 by the
following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, L’Heureux,
Segall, and Trigas
NOES:
ABSENT: Commissioners Baker and Nielsen
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLtiILLE#
Planning Director
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