HomeMy WebLinkAboutCUP 124; Montessori School; Conditional Use Permit (CUP) (9)*
September 22, 1976
M EM 0 RAN D U M
TO: CITY ATTORNEY
FROM: ASSISTANT PLANNING DIRECTOR
SUBJECT: CONDITION 11 CUP-124 (MONTESSORI SCHOOL)
Staffhas recommended to the Planning Commission the follow-
ing condition of approval for CUP-124:
"The applicant shall submit a letter to the Planning Director, which shall be approved by the City Attorney, accepting responsibility for, and holding the City harmless froin, all damages resulting from commencinq the use and modify-
ing the structure prior to expiration of the appeal period established by the Carlsbad Municipal Code."
The applicant has requested such an arrangement t.o permit him to modify the existinq SFR and start the school prior to formal approval of the Commission's Resolution and expiration of the appeal period.
Similar situations arise from time to time, and it would be use-r'ul for us to have a standard letter for the applicant to sign.
Please review the following statement and adivse whether it
is leqally binding, protects the City from adverse Court de- cisions, etc.:
1, (name) the applicant of record for a Condi- tional Use Permit to (use requested) at (location) hereby accept responsibility for initiating said use prior 5 expiration of the aPpeal period established by City Ordinance in Section 21.50.100 of the Municipal Code.
darnages incurred as a result of the use being initiated prior to expiration of the appeal period.
associated with the reversion of the structure to (its pre- vious use) should the granting of the CUP by the Planning Com- mission be overruled by the City Council on appeal.
..
I hereby agree to indemnify the City of Carlsbad from all
I also hold the City of Carlsbad harmless for all costs
(Signature of Applicant)
AM:mbs