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HomeMy WebLinkAbout2010-06-16; Planning Commission; ; CUP 92-05AX1-POINSETTIA COMMUNITY PARK TEMPORARY BUILDINGThe City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Conditional Use Permit Extension P.C. AGENDA OF: June 16, 2010 ItemNo. 8 Application complete date: April 6, 2010 Project Planner: Greg Fisher Project Engineer: Jeremy Riddle SUBJECT: CUP 92-0S(A)xl -POINSETTIA COMMUNITY PARK TEMPORARY BUILDING -Request for a retroactive five-year extension of CUP 92-05(A) to allow the continued operation of a temporary mobile building used as an interim maintenance office building at Poinsettia Community Park generally located east of Paseo Del Norte, west of Hidden Valley Road, south of Palomar Airport Road and north of Camino de las Ondas in the Mello II Segment of the Local Coastal Program and in Local Facilities Management Zone 20. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6694, APPROVING a retroactive five year extension of CUP 92-05(A) based upon the findings and subject to the conditions contained therein. II. INTRODUCTION This proposed retroactive five year extension of CUP 92-05(A) will allow the continued operation of a temporary mobile building used as an interim maintenance office building for the Parks and Recreation Department at Poinsettia Community Park from April 5, 2010 through April 4, 2015. III. PROJECT DESCRIPTION AND BACKGROUND The applicant, City of Carlsbad, is requesting a five year extension of CUP 92-05(A) to allow the continued operation of a temporary mobile building to be used as an interim maintenance office building at Poinsettia Community Park. On April 5, 2000, the Planning Commission approved CUP 92-05(A) to allow the placement of a temporary mobile building to be used as an interim maintenance office building at Poinsettia Community Park. Condition No. 10 of the approving CUP Resolution No. 4736 specifies that CUP 92-05(A) is granted for a period of 10 years but may be extended upon written application of the permittee (City of Carlsbad). The applicant, City of Carlsbad, applied in a timely manner on March 9, 2010, and is requesting approval of CUP 92-05(A)xl to allow the continued operation of the interim maintenance office building at Poinsettia Community Park for an additional 5 years. Per Section 21.42.140 (B) of the Carlsbad Municipal Code, mobile buildings are permitted by a Conditional Use Permit for terms of five years unless extended by the Planning Commission. The CUP for the park itself has no expiration date. CUP 92-05(A)xl -POINSETTIA COMMUNITY PARK TEMPORARY BUILDING June 16, 2010 PAGE2 The temporary mobile maintenance office building will remain at this site until a permanent facility is built. Phase III of the Poinsettia Community Park Master Plan includes the construction of a permanent building as part of the City's Capital Improvements Program and is scheduled to start construction in fiscal years 2014 -2019. Staff has reviewed the project site and City files for the interim maintenance office building and has determined that there are no issues and therefore is recommending approval of a five year CUP extension. IV. ANALYSIS A. The Poinsettia Community Park Temporary Maintenance Office Building continues to be consistent with all applicable plans, policies and regulations described below: 1. Carlsbad General Plan; 2. Title 21 of the Carlsbad Municipal Code; 3. Mello II Segment of the Local Coastal Plan; and 4. Local Facilities Management Plan 20. B. The adopted project findings for CUP 92-05(A), which are contained in Planning Commission Resolution No. 4736 still apply to this project (CUP 92-05(A)xl). C. The adopted project conditions for CUP 92-05(A), which are contained in Planning Commission Resolution No. 4736 have been replaced by Condition Nos. 1-8 in Planning Commission Resolution No. 6694 to retroactively extend CUP 92-05(A)xl for 5 years from April 5, 2010 through April 4, 2015. D. No formal written complaints regarding CUP 92-05(A), have been submitted to the City. E. Annual reviews have been conducted for CUP 92-05(A), and the project is in compliance with all conditions of approval. The mobile building is well maintained and in good condition. V. ENVIRONMENTALREVIEW The Planning Director has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301, Existing Facilities, of the State CEQA Guidelines and will not have any adverse significant impact on the environment. ATTACHMENTS: 1. Planning Commission Resolution No. 6694 2. Location Map 3. Reduced Exhibit "A" of CUP 92-05(A), dated April 5, 2000 4. Planning Commission Resolution No. 4736, dated April 5, 2000 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 PLANNING COMMISSION RESOLUTION NO. 6694 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A RETROACTIVE FIVE YEAR EXTENSION OF A CONDITIONAL USE PERMIT TO ALLOW THE CONTINUED USE OF A TEMPORARY MOBILE BUILDING USED AS AN INTERIM MAINTENANCE OFFICE BUILDING ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF PASEO DEL NORTE, WEST OF HIDDEN VALLEY ROAD, SOUTH OF PALOMAR AIRPORT ROAD AND NORTH OF CAMINO DE LAS ONDAS COMMONLY KNOWN AS POINSETTIA COMMUNITY PARK IN LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: POINSETTIA COMMUNITY PARK TEMPORARY BUILDING CASE NO.: CUP 92-05(A)Xl WHEREAS, City of Carlsbad, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as That portion of the west half of Section 21, Township 12 south, Range 4 west, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, according to United States Government Survey; Lot 8 of Carlsbad Tract No. 72-23, according to map thereof No. 7683 filed in the office of the county Recorder of San Diego County June 29, 1973; Those portions of Lots 3 and 4, in Section 21, Township 12 south, Range 4 west, San Bernardino Meridian, according to the official plat ("the Property"); and WHEREAS, on April 5, 2000, the Planning Commission approved CUP 92- 05(A) as described and conditioned in Planning Commission Resolution No. 4736; and WHEREAS, said verified application constitutes a request for a Conditional Use Permit Extension as shown on Exhibit "A" dated April 5, 2000, on file in the Planning Department POINSETTIA COMMUNITY PARK TEMPORARY BUILDING -CUP 92- 05(A), as provided by the conditions of approval of CUP 92-05(A) and Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and 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 WHEREAS, the Planning Commission did, on June 16, 2010, 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. B) That based on the evidence presented at the public hearing, the Planning Commission APPROVES POINSETTIA COMMUNITY PARK TEMPORARY BUILDING based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. The adopted findings for CUP 92-0S(A) which are contained in Planning Commission Resolution No. 4736 apply to this extension and are incorporated by this reference. The Planning Commission finds that there are no substantial negative effects associated with the temporary mobile building on surrounding land uses or the public's health and welfare. 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, Existing Facilities, 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. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 28 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 PC RESO NO. 6694 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ~ ~ 18 I ii 19 I ii 1 20 I ! ! ·1 21 ~ 22 I 23 l ! 24 25 26 27 28 ,revoke or modify all approvals herein granted; deny or further 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. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use Permit extension 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. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 20 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 6. CUP 92-05(A)xl shall be reviewed by the Planning Director 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 Planning Director 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 Planning Director 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. 7. This Conditional Use Permit is granted for a period of 5 years retroactively from April 5, 2010 through April 4, 2015. 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 PC RESO NO. 6694 -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 8. .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 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. 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 Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Conditional Use Permit extension by Resolution No. 6694 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 Planning Director 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. NOTICE Please take NOT_ICE 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 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. 6694 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 ~---------------------------------------- PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on June 16, 2010 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: FARRAH G. DOUGLAS, Chairperson CARLSBAD PLANNING COMMISSION 14 ATTEST: 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DON NEU Planning Director PC RESONO. 6694 -5- • SITE MAP · rm 1 • N NOT TO SCALE Poinsettia Community Park Temporary Maintenance Office Building CUP 92-05(A)x1 c :~~ ~...._. ,. "'; .' i ' ,· ie ' • .... ii" TIP~ • l'Jr,,.T •r .*· TEMPORARY MODULAR PARKS MAINTENANCE· QFFICE. .. ~ 2.06 ---·~ LJ~ . ::·-.r1~1·· .. MMRENND I VNI) .. .. ~·· -,. : . ,. I. I I . l .. ~ I I ., I C L· a. ~. i . Iii . ; ii, I I I , I t I (]) IettB Mooe.!·~.'<._ 'jJ;.;vs t1A 11--".• A .' ,~ .. -·" ,_ '. I ... ,:' -L t E,•-ui~u...,.,~.J,,L.'-.~~- @) TEt1 P. A_;?TE<'-~---·--· stoR ~~~--C oN.7~LA..1f.1<.. I : ·1 I . t -~ 77€ AA J..;. r:: t-1 "P.: :J'., r E t.;';J,'...,..t.....---/........., .. J ......... k.-. f. •. ' . I I I ' , 1, I ' ,, ' t: ~ J -f(V,t(: _!:A.--~-·-4--'!{ .. &,. 1>E-· MA ti/::,'. ~ --ri::>1:::,;· \;fJ ~< k'. •. ··---·· . .,LP::b:w-__ c-ci::, J?t=;./1_1.-L.~*" -.!=l.-~---·---... I ... -. ·-·· !. t S (;~,' ( :: LJ .C:., .c\--. ~-e4P1PKOR CITY Of CARLSBAD ......... Calllmiulon -~ l t:.\.~~ ITJb. f A~ .\Yl~l.N tf.~~t eNo. c.ue 9,t.·OS(A) O FL ····--······················-·····--A o.te Y· s-oo --------------------------~-..,.....~~~~=-··----·--·-· .IMINARY PARK PROGRAM "l"fhf(//1/11'7 ~. / &YMtVASIV/VI Wf'(/5 COM("r,e)< ~ a::>vM'" H9f+Tlf!I) ~f1@.~ ... ~ t-{~ ,U,.f'IBU) a:,,,~ ' (/) ~ tflt,SS~ f"{eL/) ~~'!«>' UO $it"<r ~I'S, R&{) ,,.,.,.ff, 1/116 ("'} f'N'CrTC£ ~ Ffa{) #Jl,I /()() St/1'lf" ~; /=/6£.0 l,(6fl-T7N9 ~ Cer.1""6>( (I)~,.,.,..,.~ f'feU) 'P51X!¥0 1-(tNffEIC) (?,J~/IJ8 cr:t.51ce ~ /"f(!5U)9 lfo'X~ ,(I) ~o ~ f'few:>· µ6fl'l7!!lt) ~C<;it.lf'r Cafllr"t.£.X. ('fJ /tlV-f>OfXl/*-r e,,.s,:er~ 'f?1" Hlr" I (1) ~-5''7',,.... /'r,f',"j' f;UifMf!N7S , (1') 6·'1 YA Mr &.e!YlfWTS '\.!!tSVll'B "'~ 'i ~ frc;MC, ~t ) /'fCMC-~If>"?'· ,.,.)~ '($~{!!0(,IS . ! 6Ct,,f-f/!!lfl. q;,,, ~ , e,,,,,mMt; ~ : ,-J r:!i;W() /lrJU$'l'MU- I I .... "'°' a ,co~ /fO Poinsettia Community Parl< MASTER PLAN 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 PLANNING COMMISSION RESOLUTION NO. 4736 A RESOLUTION OF THE PLANN1NG COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO CUP 92-05 TO ALLOW THE PLACEMENT OF A TEMPORARY MODULAR BUILDING TO BE USED AS AN INTERIM MAINTENANCE BUILDING ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF PASEO DEL NORTE, WEST OF HIDDEN VALLEY ROAD, SOUTH OF PALOMAR· AIRPORT ROAD AND NORTH OF CAMINO DE LAS ONDAS COMMONLY KNOWN AS POINSETTIA COMMUNITY PARK IN LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: POINSETTIA PARK MAINTENANCE OFFICE CASE NO.: CUP 92-05A WHEREAS, City of Carlsbad, "Developer"f'Owner"; has filed a verified application with the City of Carlsbad regarding property described as That portion of the west half of Section 21, Township 12 south, Range 4 west, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, according to United States Government Survey; Lot 8 of Carlsbad Tract No. 72-23; according to map thereof No. 7683 ·filed in the office of the County Recorder of San Diego County June 29, 1973; Those portions of Lots 3 and 4, in Section 21, Township 12 south, Range 4 west, San Bernardino Meridian, according to the official plat. ("the Property''); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit Amendment as shown on Exhibit "A" dated April 5, 2000, on file in the Carlsbad Planning Department, POINSETTIA PARK MAINTENANCE OFFICE, CUP 92-0S(A) as provided by the conditions of approval of CUP 92-05 and Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 5th day of April, 2000, hold a duly noticed public hearing as prescribed by law to consider said request; and 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 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 amendment. WHEREAS, on October 7, 1992, the Planning Commission approved POINSETTIA PARK (ALTA-MIRA COMMUNITY PARK), CUP 92-05, as described and conditioned in Planning Commission Resolution No. 3434. 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. B) That based on the evidence presented at the public hearing, the Commission APPROVES POINSETTIA PARK (ALTA MIRA COMMUNITY PARK), CUP 92-05(A), based on the following findings and subject to the following conditions: · Findings:. 1. 3. 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 pennitted in the zone in which the proposed use is located, in that maintenance facilities are required to properly service parks. The maintenance facility will provide City Park & Recreation employees with a field work station that will be utilized to better service the community park. The maintenance facility would not impose any detrimental impacts to other uses in the same vicinity since the surrounding area is developed with Poinsettia ' Community Park. · That the site for the intended use is adequate in size and shape to accommodate the use, in that the maintenance facility is only half of the size of the future permanent 800 square foot maintenance facility and is confined to a designated developable portion of the lot and minor in size. 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 tbe 14 foot high maintenance facility would be placed on a pregraded pad within an existing maintenance yard and no further grading is proposed. The maintenance yard is screened by chain link fencing, a six foot concrete block wall and landscaping. Adequate parking spaces will be provided within the maintenance yard. No setbacks are required for the maintenance building, however, the maintenance building is setback approximately 130 feet from PC RESO NO. 4736 -2- 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 4. 5. 6. 7. the northern property line and is well buffered from the adjacent residential · development to the north. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that no traffic will be generated by the maintenance building, therefore no little impact on the existing street system which is fully improved and operates at an acceptable level will occur. The Planning Director has determined that; A. B. C. D. E. the project is a project for which a Mitigated Negative Declaration was previously adopted [15162]; this project is consistent with the project cited above; a Mitigated Negative Declaration was approved in connection with the prior project (CUP 92-05); the project has no new significant environmental effect not analyzed as significant in the prior Mitigated Negative Declaration; none of the circumstances requiring a Subsequent Mitigated Negative Declaration under CEQA Guideline Sections 15162 exist in that no substantial changes to the project are proposed and there is no new information of substantial importance. The Planning Commission finds that all feasible mitigation measures identified on the Mitigated Negative Declaration ALTA MIRA COMMUNITY PARK, CUP 92-05 which are appropriate to this Subsequent Project have been incorporated into this Subsequent Project. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed , to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a building permit. 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 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 PC RESO NO. 4736 -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 2. 3. 4. 5. 6. 7. 8. 9. vested rights are gained by Developer or a successor in interest by the City's approval of this Conditional Use Permit Amendment. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use Permit Amendment 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. Aily proposed development different from this approval, shall require an amendment to this approval. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. · If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements oflaw. The Developer/Operator shall and does hereby agree to indemnify, protect, .defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a} City's approval and issuance of this Conditional Use Permit Amendment, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. The Developer shall submit to the City a reproducible 24'' x 36", mylar copy of the Site Plan reflecting the conditions approved by the final decision making body. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 20 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. Prior to issuance of a Building Permit, the Developer shall apply for and obtain approval of a Coastal Development Permit issued by the California Coastal Commission, that substantially conforms to this approval. A signed copy of the Coastal Development Permit must be submitted to the Planning Director .. PC RESO NO. 4736 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 10. This Conditional Use Permit is granted for a period of ten (10) years from the date of this· approval, with a new expiration date of April 5, 2010. 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 pennit 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 niet. This pennit may be extended for a reasonable period of time not to exceed ten (10) years upon written application of the pennittee 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. 11. Approval of CUP 92-0S(A) supplements the approval of CUP 92-05. All conditions of approval of Planning Commission Resolution No. 3434, dated October 7, 1992, remain in full force and effect exceptas modified herein. 15 Code Reminders: 16 17 18 19 20 21 22 23 24 25 26 27 28 12. 13. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 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 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, PC RESO NO. 4736 -5- 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 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 5th day of April, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Compas, Commissioners L'Heureux, Nielsen, Segall, and Trigas Commissioners Heineman and Baker WILLl:!c~~ CARLSBAD PLANNING COMMISSION AITEST: Planning Director PC RESO NO. 4736 -6-