HomeMy WebLinkAboutCUP 89; Lakeshore Gardens; Conditional Use Permit (CUP) (8)h
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008
Office of the City Manager
September 13, 1974
Mr. Don Steffensen, Vice President John D. Lusk & Son P. 0. Box 2140 Ne,..port Beach, California 92663
Subject: Conditional Use Permit No. 89 Carlsbad Planning Commission Resolution 646
Thank you for your courtesy in coming by my office yester-
day in order to try to resolve the questions about the validity of the Mobile Home Park C.U.P.
Several staff members have spent considerable time since then reviewing the matter with me and the picture seems
very clear.
The City's original Zoning Ordinance adopted in 1956, pro-
vided for the exercising of various permits, including
C.U.P.'s, within one year from issuance. This section
has been codified into the Municipal Code as Section
21.58.020 as follows:
"Any permit or variance granted by the planning
commission or city council becomes null and void if not exercised within the time specified in such permit, variance or approval, or if no date is specified, within one year from the date of approval of the permit or variance. (Ord. 9337 § 1, 1973:
Ord. 9060 S 2201)."
Exercising the permit has generally been interpreted as beginning construction.
In 1968 a C.U.P. for the construction of a Mobile Home Park was granted to H. B. Development Company. That portion under C.U.P. lying south of the proposed Poinsettia Street extension was later sold to Sequoia Pacific Realco.
September 13, 1974
Page 2 Subject: Conditional Use Permit No. 89
Planning Commission Resolution 646
Sequoia Pacific, after beginning their development program and finding that time would be a factor in completion, began conversations with the City to phase their portion of the C.U.P. It was agreed that this could be done in three phases as outlined in the City Attorney's letter dated March 23, 1971. That right was clearly intended
to apply only to Sequoia's holdings, which were south of
3insettia. the project within the time limits agreed to, but in two phases. This is certainly permissible.
It appears now that they will in fact complete
No provisions for phasing have ever been made or intended
for that portion of the C.U.P. north of Poinsettia and it,
therefore, falls under the provisions of Municipal Code
Section 21.42.040 which states:
"Unless otherwise stated in writing in the resolution
granting the conditional use permit, a conditional use
permit shall automatically be void and of no further
force and effect if construction of the proposed use granted thereby is not completed within one year from the date of granting of the permit. (Ord, 9252 $1 (part), 1970: Ord. 9060 § 1403) .'I
This was adopted in 1970 and the City Attorney (Lewis A. Moe) was well aware of this when he wrote his letter dated
March 23, 1971 to Sequoia Pacific.
If you wish to proceed with the original project, or a similar one, you would therefore be required to file a new C.U.P. application,
If I can be of any further help in this matter, please
City Manager
PDB: ldg
Enclosures
cc: City Attorney Planning Director
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21.58.010--21.58.020 I
Chapter 21.58
REVOCATION--EXPIRATION
Sections :
21.58.010 Revocation of permits or variance.
21.58.020 Expiration.
21.58.010 Revocation of permits or variance. The planning commission may, after a public hearing held in the manner prescribed in Chapter 21.50 governing variances
and conditional use permits, revoke or modify any permit
LT variance issued on any one or more of the following grounds :
(1) That the approval was obtained by fraud:
(2) That the use for which such approval is granted is not being exercised: (3) That the use for which such approval was granted has ceased to exist or has been suspended for one year or more ;
(4) That the permit or variance granted is being, or recently has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation; (5) That the use for which the approval was granted was so exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance. (Ord. 9060
S2200).
21.58.020 Expiration. Any permit or variance or specific
plan approval granted by the planning commission or city council
becomes null and void if not exercised within the time specified in such permit, variance or approval, or if no date is specified,
within one year from the date of approval. (Ord. 9337 S;l,
1973: Ord. 9060 52201).
Chapter 21.60
PERMITS--LICENSE ENFORCEMENT .
Sections :
21.60 .O 10 Certificate of occupancy permit .
21.60.020 Conflicting licenses or permits.
21.60.030 Permit issuance for model homes.
21.60.040 Enforcement.
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452 (Carlsbad 1/15/73)
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21.42.030 Conditions which -may be added prior to
zny and all conditions necessary to protect the public
health, safety and welfare, may be added thereto, includ- ing but not limited to the following:
ranting permit. In granting a conditional use permit,
( 1) Regulation of use;
( 2) Special yards, space, and buffers;
( 3) Fences and walls;
( 4) Dedicating and improving public improvements;
( 5) Servicing of parking areas in city specifica-
( 6) Regulation of points of vehicular ingress and
( 7) Requiring placement and maintenance of land-
( 8) Regulation of noise, vibration, odors, etc.;
( 9) Regulation of time for certain uses on the
(10) Time schedule for developing the proposed use;
(11) Time period during which the proposed use may
(12) Other conditions necessary for the development
tions;
nqress ;
scaping ;
subject property:
be continued;
of the city in an orderly and efficient manner and in con- formity with the intent and purpose set forth in this chap- ter. (Ord. 9252 Sl(part), 1970: Ord. 9060 51402).
21.42.040 Time limitation. Unless otherwise stated
in writing in the resolution granting the conditional
use permit, a conditional use permit shall automatically
be void and'of no further force and effect if construction
of the proposed use granted thereby is not completed with- in one year from the date of granting of the permit. (Ord. 9252 Sl(part), 1970: Ord. 9060 S1403).
21.42.050 Yard requirements. The provisions for
required front and side yards applicable to the particular
zone in which any such use is proposed to be located shall
prevail, unless in the findings and conditions recited in the resolution dealing with each such matter, specific exemptions are made with respect thereto. (Ord. 9252 S1 (part), 1970: Ord. 9060 S1404).
21.42.060
The provisions for height and area applicable to the par- ticular zone in which any such use is proposed to be lo- cated shall prevail, unless in the findings and conditions recited in the resolution dealing with each such matter, specific exemptions are made with respect thereto.
(Ord. 9252 Sl(part), 1970: Ord. 9060 S1405).
Building height and lot area requirements.
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