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HomeMy WebLinkAbout2012-03-13; City Council; Resolution 2012-058EXHIBIT 1 1 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2012-058 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ALLOWING THE PROPOSED 3 SDG&E NORTH COUNTY OPERATIONS CENTER TEMPORARY MOBILE BUILDING TO BE PROCESSED BY A 4 CONDITIONAL USE PERMIT WITHOUT REQUIRING A COMPREHENSIVE UPDATE TO SPECIFIC PLAN 144 ON 5 PROPERTY LOCATED AT 5016 CARLSBAD BOULEVARD. CASE NAME: PROPOSED SDG&E NORTH COUNTY 6 OPERATIONS CENTER TEMPORARY MOBILE BUILDING - PROCESSING RFQUIREMENTS The City Council of the City of Carisbad, California, does hereby resolve as follows: WHEREAS, a Conditional Use Permit application has been submitted to the City of Carisbad, California for a proposed temporary mobile building at the SDG&E North County Operations Center located on the SDG&E property at the northeast corner of Cannon Road and Carisbad Boulevard; and WHEREAS, discussions with the property owners within the Specific Plan 144 area in the past relating to land uses, public access, and other similar matters progressed to the point where City Council believed that it would be necessary to update the entire Specific Plan; and WHEREAS, the City Council of the City of Carisbad, California previously determined in 1998 (City Council Resolution of Intention No. 98-145) that any applications for the development of the subject area should not be processed until a comprehensive update of Specific Plan 144 is completed, of which the SDG&E North County Operations Center site is a part thereof; and WHEREAS, however since the proposed SDG&E North County Operations Center temporary mobile building Conditional Use Permit is being proposed for only a temporary period of time (5 years), unless extended by Planning Commission for additional five (5) year periods, the City Council authorizes that the Conditional Use Permit for such use be allowed to be processed without the need to update the entire Specific Plan 144. /// 3 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City 2 of Carisbad as follows: 3 1. That the above recitations are true and correct. 2. That the City Council authorizes a Conditional Use Permit application for ^ a temporary mobile building on the SDG&E North County Operation Center property, without the necessity for a comprehensive update to Specific Plan 144. 6 3. That the City Council finds: 7 i. The proposal is for a temporary use. The proposal includes utilizing a mobile building which requires the approval of a Conditional Use 8 Permit. The Zoning Ordinance classifies the use as a mobile building and Section 21.42.140(A)(90) limits the occupancy of mobile buildings 9 to a five-year term, unless extended by the Planning Commission for any additional five-year terms. Through the Conditional Use Permit, 10 supported by these provisions in the ordinance, the period that the mobile building is on site can and will be limited. 11 ii. That SDG&E has expressed an interest in working with the City on a 12 longer term plan to relocate the North County Operations Center from its current location to a new location off the coastline. The proposed 13 mobile building will allow SDG&E to meet its current operational needs on a temporary basis while a possible new location is pursued, 14 or alternately, until a permanent and more comprehensive plan to address their training needs on the current site is brought forward. 15 The long term benefit of a relocated Operations Center to the community is that the coastally proximate site could be made 16 available in the future for other uses that would capitalize on being located along Carisbad Boulevard and the Interstate 5 corridor. 17 iii. In order to ensure that progress towards a new location, or lg alternatively towards a permanent and more comprehensive plan to address their training needs is being diligently pursued, the City Council, after review and recommendation by the Planning Commission, shall be the final decision-making body on any additional five-year extension of the Conditional Use Permit for the SDG&E North County Operations Center temporary mobile building. 21 iv. The City Council requirement that SP 144 be comprehensively updated occurred during a time when all of the Encina Property was 22 under the single ownership of SDG&E. Today a majority of the Encina Property west of Interstate 5 is under the ownership of NRG. Having 23 multiple property owners complicates the ability to update the entire plan and objections by one of the owners can prevent the update from 24 taking place. Because of the interests of the current property owners it 2^ is not feasible to comprehensively update the plan at this time. 26 /// 27 /// 28 -2- if 19 20 1 "NOTICE TO APPLICANT" 2 The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of 3 Carisbad by Carisbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the ninetieth day following the date on which 4 this decision becomes final; however, if within ten days after the decision becomes final a request for the record is filed with a deposit in an amount sufficient to cover the estimated cost 5 or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either 6 personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, 7 City of Carisbad, 1200 Carisbad Village Drive, Carisbad, CA. 92008. 9 10 11 12 13 14 15 16 17 /// 20 21 22 23 24 25 26 27 28 /// /// /// /// /// /// /// /// 18 /// 19 /// /// /// /// /// /// /// /// -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 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carisbad on the 13*^ day of March, 2012, by the following vote to wit: AYES: NOES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard. None. ABSENT: None. ^TNE M. WOOD, City Clerk (SEAL)