HomeMy WebLinkAbout2017-09-26; City Council; Resolution 2017-197RESOLUTION NO. 2017-197
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING THE FIRST TIME EXTENSION OF A CONDITIONAL
USE PERMIT TO ALLOW THE CONTINUED OPERATION OF A 2,850 SQUARE
FOOT TEMPORARY MOBILE BUILDING ON A 16.37 ACRE SDG&E-OWNED
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:
CASE NO.:
SDG&E NORTH COAST OPS CENTER
CUP 11-07X1 (DEV 11047)
WHEREAS, the City Council of the City of Carlsbad, California has determined that pursuant to
the provisions of the Municipal Code, the Planning Commission did, on August 16, 2017, hold a duly
noticed public hearing as prescribed by law to consider the First Time Extension of Conditional Use
Permit CUP 11-07, as referenced in Planning Commission Resolution No. 7259 recommending to the
City Council that it be approved; and
WHEREAS the City Council of the City of Carlsbad, held a duly noticed public hearing to consider
said First Time Extension of Conditional Use Permit CUP 11-07; and
WHEREAS at said public hearing, upon hearing and considering all testimony and arguments, if
any, of all persons desiring to be heard, the City Council considered all factors relating to the Time
Extension of Conditional Use Permit.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the recommendation of the Planning Commission for the approval of the First Time
Extension of Conditional Use Permit CUP 11-07, is approved, and that the findings and
conditions of the Planning Commission contained in Planning Commission Resolution
No. 7259 on file with the City Clerk and incorporated herein by reference, are the
findings and conditions of the City Council.
3. This action is final the date this resolution is adopted by the City Council. The Provisions
of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall
apply.
September 26, 2017 Item #13 Page 3 of 34
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 26th day of September, 2017, by the following vote, to wit:
AYES:
NOES:
ABSENT:
M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard.
None.
None.
{SEAL)
September 26, 2017 Item #13 Page 4 of 34
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EXHIBIT 2
PLANNING COMMISSION RESOLUTION NO. 7259
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.
September 26, 2017 Item #13 Page 5 of 34
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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
3 conditions:
4 Findings:
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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.
2.
3.
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 orfurther 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.
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.
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 -2-
September 26, 2017 Item #13 Page 6 of 34
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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.
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.
9 NOTICE
10 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."
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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.
PC RESO NO. 7259 -3-
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