Loading...
HomeMy WebLinkAboutCUP 96-08Ax2; RDO Towing Contract Services; Conditional Use Permit (CUP)Tbe City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION Conditional Use Permit Extension Item No. ( 1 P.C. AGENDA OF: May 4, 2011 Application complete date: February 23, 2011 Project Planner: Van Lynch Project Engineer: Tecla Levy SUBJECT: CUP 96-08fA)x2 - RDO TOWING CONTRACT SERVICES - Request for a retroactive five year extension of CUP 96-08x1 (A) to allow the continued operation of a vehicle towing service at 6050 Avenida Encinas in the Mello II Segment of the Local Coastal Program and in Local Facilities Management Zone 3. I.RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6772 APPROVING a five year retroactive extension of CUP 96-08x1 (A) based upon the findings and subject to the conditions contained therein. II.INTRODUCTION This proposed retroactive five year extension of CUP 96-08x1 (A) will allow the continued operation of a vehicle towing service (Rancho Del Oro Towing) located at 6050 Avenida Encinas from March 1, 2011 through February 28, 2016. The CUP expired February 28, 2011. The applicant, Rancho Del Oro Towing, filed for an extension in a timely manner on January 20, 2011 and is requesting the five year extension of CUP 98-08x1 (A) to allow for the continued operation of the vehicle towing service. III. PROJECT DESCRIPTION AND BACKGROUND The applicant, Rancho Del Oro Towing, is requesting a 5-year retroactive extension of CUP 98- 08x1 (A) to allow the continued operation of a vehicle towing service at 6050 Avenida Encinas, located south of Palomar Airport Road and on the east side of Avenida Encinas. The application for the CUP extension was submitted on January 20, 2011 prior to the February 28, 2011 expiration of the CUP. On August 7, 1996, the Planning Commission approved the original CUP 96-08 (PC Resolution 3967) and on June 20, 2001 the Planning Commission approved CUP 96-08x1 (PC Resolution 5002) to extend the CUP for the operation of a vehicle towing service. On March 1, 2006, The Planning Commission approved an amendment to the CUP (CUP 96-08 xl(A)) to allow up to ten wrecked vehicles (up from two) and to allow 20% retail towing services where none was previously allowed and extended the CUP for an additional five years. CUP 96-08(A)x2 - RDO TOWING CONTRACT SERVICES May 4, 2011 PAGE 2 Condition No. 5 of the approving CUP Resolution No. 6026 specifies that CUP 96-08xl(A) is granted for a period of 5 years but may be extended upon written application of the permittee (Rancho Del Oro Towing/United Road Towing). Staff is recommending a five year extension retroactive to the permit's expiration date of February 28, 2011. IV. ANALYSIS A. The vehicle towing service 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. Local Coastal Plan (Mello II LCP Segment) 4. Local Facilities Management Plan (Zone 3) B. The adopted project findings for CUP 96-08x1 (A), which are contained in Planning Commission Resolution No. 6026 still apply to this project (CUP 96-08(A)x2). C. The adopted project conditions for CUP 96-08x1 (A), which are contained in Planning Commission Resolution No. 6026 still apply to this project (CUP 96-08(A)x2) with the exception of Condition No. 5 which is amended by Condition No. 4 in Planning Commission Resolution No. 6772 to extend CUP 96-08x1 (A) for 5 years from March 1, 2011 through February 28, 2016, and Condition Nos. 8 and 9 which have been satisfied. D. No formal written complaints regarding CUP 96-08x1 (A) have been submitted to the City in the last two years. In August of 2008, the neighboring property owner filed a complaint with the City regarding the parking of vehicles within the shared access way of the three properties. The situation was remedied by the Fire Department requiring the painting and maintenance of a fire access lane. E. Annual reviews have been conducted for CUP 96-08x1 (A) and the project is in compliance with all conditions of approval. The City's Stormwater Division has also reviewed the project and has noted minor storm water violations. The operator of the use has been advised on improved best management practices to resolve any storm water issues. The City has required and received proof of maintenance of the drainage inlets to ensure the inlets are being maintained pursuant to the project's storm water management plan. V. ENVIRONMENTAL REVIEW 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. 6772 2. Location Map CUP 96-08(A)x2 - RDO TOWING CONTRACT SERVICES May 4, 2011 PAGE 3 3. Disclosure Statement 4. Reduced Exhibit "A" of CUP 96-08x1 (A), dated August 7, 1996 5. Planning Commission Resolution No. 3967, dated August 7, 1996 6. Planning Commission Resolution No. 5002, dated June 20, 2001 7. Planning Commission Resolution No. 6026, dated March 1, 2006 NOT TO SCALE SITEMAP RDO Towing Contract Services CUP 96-08(A)x2 DISCLOSURE Development Services STATEMENT Planning Department CITY OF p rf/A\ 1635 Faraday Avenue (760)602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. . I f I Npte:- Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city: and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." ..'.-•••/ Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person /J/A Corp/Part A) //A- .^ ^ __—, f.^. Title /O /A Title: Address /JA Address 2. OWNER (Not the owner's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person >(V\w.vV. CV^^^e^e*^ Corp/Part Title cv^M-ev Title Address "fro gJ4 P-1(A) Page 1 of 2 Revised 04/09 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust Title Title Address Address 4. Have you had more than $500 worth of business transacted with any. member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? • / * Q Yes 0No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Signature of owner/date ' Signature of appl/cant/date Print or type name of owner*' Print or type name of applicant Signature of owner/applicant's agent if applicable/date o^i^k n* Print or type name of owner/a^plicant's agent P-1 (A) Page 2 of 2 Revised 04/09 1 PLANNING COMMISSION RESOLUTION NO. 3967 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A 3 CONDITIONAL USE PERMIT TO ALLOW THE TEMPORARY 4 STORAGE AND IMPOUNDING OF SEIZED VEHICLES ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF 5 AVENIDA ENCINAS AND SOUTH OF PALOMAR AIRPORT ROAD. 6 CASE NAME: CONTRACT SERVICES 7 CASE NO.: CUP 96-08 g WHEREAS, TRAPIKS, Inc. has filed a verified application with the City of 9 Carlsbad which has been referred to the Planning Commission; and *" WHEREAS, said verified application constitutes a request for a Conditional Use Permit as shown on Exhibits "A" - "D", dated August 7,1996, on file in the Carlsbad Planning 12 Department, and as provided by Chapters 21.42 and 21.50 of the Carlsbad Municipal Code; and 13 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning 15 Commission did, on the 7th day of August 1996, hold a duly noticed public hearing to consider 16 said application on property described as: 17 Parcel 3 of Parcel Map No. 6693 as recorded on December 23, 1977 in the County of San Diego, California. File No. 77- 18 531486. 19 WHEREAS, at said public hearing, upon hearing and considering all testimony 20 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to CUP 96-08. 23 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 24 Commission of the City of Carlsbad as follows: ^5 " A) That the foregoing recitations are true and correct. 26 B) That based on the evidence presented at the public hearing, the Commission 27 APPROVES Conditional Use Permit, CUP 96-08, based on the following findings and subject to the following conditions: 28 Findings: 1 . 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 permitted in the zone in which the 4 proposed use is located, in that the proposed use can adequately function at the proposed site without creating conflicts with adjacent industrial/office uses or any 5 existing or future permitted uses given the General Plan designations in the area. In addition, the use will complement the efforts and operations of various local, state " and federal law enforcement agencies and entities by providing the impounding and _ storage service for seized vehicles. g 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that the storage/impounding space requirements of Contract Services can be 9 provided while still parking the respective office/warehouse components of the existing buildings at the appropriate parking ratios and maintaining all necessary circulation and emergency vehicle accessways. 3. That all the yards, setbacks, walls, fences, landscaping and other features necessary to 12 adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the site is existing with two buildings, a parking lot 13 area and perimeter landscaping, all of which will be maintained by the applicant. Screening of the site will be monitored via the CUP process and will be achieved by a combination of fencing, landscaping and existing building locations and grade situations. 16 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the Avenida Encinas street system is adequate to serve the site and the proposed use. Being at the terminus of a private panhandle access road, the activity associated with this use will be confined and out of areas of potential conflict with the users and vehicles associated with adjacent industrial office uses and public street system users. 20 5. The Planning Commission of the City of Carlsbad has reviewed, analyzed and considered the Negative Declaration for the conditional use permit approval of the proposed temporary storage of seized vehicles, the environmental impacts therein identified for this project and any comments thereon prior to APPROVING the project. Based on the EIA Part II and comments thereon, the Planning Commission finds that 23 there is no substantial evidence the project will have a significant effect on the environment and thereby APPROVES the Negative Declaration. 24 6. The Planning Commission finds that the project, as conditioned herein for CUP 96-08, is in conformance with the Elements of the City's General Plan, based on the following: 26 27 28 PCRESONO.3967 -2- 1 a. Land Use - The proposed use will assist law enforcement activities by providing a use specializing in the temporary storage of seized vehicles. This 2 use is allowed via CUP approval in any zone in the City except residential. 3 b. Circulation - The Avenida Encinas public street system serving the use is 4 adequate to handle all traffic expected to be generated by the use; and the use will not conflict with existing or future potential on-site internal 5 circulation patterns. " 7. The project is consistent with the City-Wide Facilities and Improvements Plan, the _ applicable local facilities management plan and all City public facility policies and ordinances since: 8 a. The project has been conditioned to ensure the building permits will not be issued 9 for the project unless the District Engineer determines that sewer service is available, and building cannot occur -within the project unless sewer service remains available, and the District Engineer is satisfied that the requirements of ,, the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. 12 b. All necessary public improvements have been provided or are required as 13 conditions of approval. 14 8. The project has been conditioned to pay any increase in public facility fee or new j 5 construction tax or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to 16 Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 9. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 3. 19 Conditions: 20 Planning:21 22 1- The Planning Commission does hereby approve the Conditional Use Permit for.the seized vehicle storage and impounding project entitled "Contract Services". (Exhibits 23 "A" - "D" on file in the Planning Department and incorporated by this reference, dated August 7, 1996), subject to the conditions herein set forth. Staff is authorized and 24 directed to make or require the Developer to make all corrections and modifications to the Conditional Use Permit documents, as necessary to make them internally consistent and conform to the Planning Commission's final action on the project. Development shall 26 occur substantially as shown on the approved exhibits. Any proposed development , substantially different from this approval, shall require an amendment to this approval. 27 28 PCRESONO. 3967 -3- 1 2. The Developer shall comply with all applicable provisions of federal, state and local ordinances in effect at the time of building permit issuance. The Developer shall provide the City with a reproducible 24" x 36", mylar copy of the 3 site plan as approved by the final decision making body. The site plan shall reflect the conditions of approval by the City. The plan copy shall be submitted to the City Engineer and approved prior to building, grading, final map or improvement plan submittal, whichever occurs first. 4. The Developer shall include, as part of the plans submitted for any permit plan check, a reduced legible version of the approving resolution on a 24" x 36" blueline drawing. Said blueline drawing(s) shall also include a copy of any applicable Coastal Development Permit and signed approved site plan. 5. Building permits will not be issued for development of the subject property unless the 9 District Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. 10 6. The Developer shall pay the public facilities fee adopted by the City Council on July 28, 11 1987, (amended July 2, 1991) and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal 12 Code or other ordinance adopted to implement a growth management system or Facilities and Improvement Plan and to fulfill the subdivider's agreement to pay the public facilities fee dated May 1, 1996, a copy of which is on file with the City Clerk and is 14 incorporated by this reference. If the fees are not paid, this application will not be consistent with the General Plan and approval for this project will be void. 7. This project shall comply with all conditions and mitigation measures which are required 16 as part of the Zone 3 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 8. This Conditional Use Permit is granted for a period of 5 years, or from August 7,1996 18 to August 7, 2001. 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 19 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 permit may be 22 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 23 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 25 -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 26 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 such27 28 PC RESO NO. 3967 • -4- 1 effects. There is no limit to the number of extensions the Planning Commission may grant. 9. The Developer shall report, in writing, to the Planning Director within 30 days, any 3 address change from that which is shown on the conditional use permit application. 4 10. Prior to the issuance of the Certificate of Occupancy and Business License, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County 5 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 by Resolution No. 3967 on the real property owned by the Developer. Said 7 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 8 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. 11. The Developer shall prepare a detailed landscape and irrigation plan in conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. The plans 12 shall be submitted to and approval obtained from the Planning Director prior to the approval of the final map, grading permit or building permit, whichever occurs first. The 13 Developer shall construct and install all landscaping as shown on the approved plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash and 14 debris. 15 12. Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their background color. 17 13. Prior to the approval of the Certificate of Occupancy and Business License, the Developer shall receive approval of a Coastal Development Permit issued by the California Coastal Commission that substantially conforms to this approval. A signed . g copy of the Coastal Development Permit must be submitted to the Planning Director. If the approval is substantially different, an amendment to CUP 96-08 shall be required. 20 14. Signage shall be limited to the office component of the proposed use; no signage shall be proposed or erected with regards to the storage or impounding of seized vehicles on-site. 22 '15. The storage of any single vehicle on the property is limited to 45 days, except that 23 vehicles being held for evidence in a homicide case may be stored up to 90 days under police authority. 24 16. No outside storage, other than the temporary storage/impound of vehicles expressly permitted under this permit, shall be allowed on the property25 17. All fencing and landscaping shall adequately screen the vehicle storage use to the 26 satisfaction of the Planning Director at all times and shall be subject to monitoring and standard annual CUP reviews for adequacy. 28 PCRESON0.3967 -5- 1 18. The applicant shall not engage in any retail auto towing or recycling business on the subject site. No cleaning or repairs of stored vehicles shall be permitted on the site. In general, vehicles will be in an operable condition and not considered scrap. 3 19. The outdoor vehicle storage portion of the site is limited to a maximum of 100 vehicles. This area is subject to monitoring and standard CUP annual reviews by the Fire Department to ensure maintenance of required fire lanes and general safety. Indoor storage of vehicles is only allowed via the approval of a tenant improvement building permit as described in Building Condition No. 39. 20. The applicant is limited to the temporary storage of not more than 2 wrecked 7 vehicles on this site at any one time. 21. Should Contract Services discontinue use of this site, the site shall be cleared of all vehicles and all materials and supplies associated with the business to the satisfaction of the Planning Director. 22. All vehicles including large hauler trucks shall be parked in a safe and lawful manner. No loading or unloading of vehicles shall be permitted in the public street. 11 Public travel lanes shall not be blocked while parking vehicles unless a traffic control plan has been approved and a right-of-way permit has been issued. 12 23. Upon discontinuing the operations permitted by this Conditional Use Permit, the 13 applicant shall test the site and soils for contamination with hazardous materials and if contamination is found, restore the site as may be required by the property owners and the County Health Authorities using approved methods standard to the industry of hazardous waste disposal. 24. Prior to the issuance of a Certificate of Occupancy and Business License, the applicant shall submit a soils test/contamination report to the satisfaction of the 17 Planning Director and City Engineer for this use's former location at 2175 Camino Vida Roble. This will ensure compliance with Condition No. 26 of Planning 18 Commission Resolution No. 3689 approved for CUP 154(B). 19 25. Prior to the issuance of a Certificate of Occupancy and Business License, Planning, Engineering and Fire Department staff shall perform an on-site inspection to ensure 20 that development and operation of the proposed use on-site is in conformance with all approved exhibits and applicable conditions of approval. 26. Failure by the applicant to secure City approval of a Certificate of Occupancy and 22 Business License for this use by December 9, 1996 will result in the termination of the use on-site, and CUP 96-08 will no longer be valid and in effect. The four month time frame is intended to allow for full compliance with all applicable conditions of 24 approval and project exhibits. 25 26 27 28 PC RESO NO. 3967 -6- 1 Engineering: f\ Unless specifically stated in the condition, all of the following Engineering conditions, upon the , approval of this proposed Conditional Use Permit, must be met prior to approval of occupancy. 27. The Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit. The Developer shall provide best 5 management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge 6 to sensitive areas. Plans for such improvements shall be approved by the City Engineer. Said plans shall include but not be limited to: 7 Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, anti-freeze, 8 solvents, paints, paint thinners, wood preservatives and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water " conveyance systems. 10 Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 28. Pre-treatment of the sanitary sewer discharge from this project may be required. In 12 addition to the requirements for a sewer connection permit, the applicant shall conform to the requirements of Chapter 13.16 of the Carlsbad Municipal Code. 14 Fire: 15 29. Prior to the issuance of building permits, complete building plans shall be approved by the Fire Department. 16 30. Prior to final inspection, all security gate systems controlling vehicular access shall be 17 equipped with a "Knox", key-operating emergency entry device. Applicant shall contact the Fire Prevention Bureau for specifications and approvals prior to installation. 31. Plans and/or specifications for fire alarm systems, fire hydrants, automatic fire sprinkler 19 systems and other fire protection systems shall be submitted to the Fire Department for approval prior to construction. 32. On-site fire lanes shall be maintained at all times to the satisfaction of the Fire 21 Marshal. 22 Water: 23 33. All irrigation plans are to be submitted to the City's Landscape Consultant with the 24 standard landscape plan check submitted to the Engineering Department. 25 34. ~The entire potable water system, reclaimed water system and sewer system shall be evaluated hi detail to insure that adequate capacity, pressure and flow demands can be 26 met. 27 28 PCRESONO. 3967 -7- 1 35. The Developer shall be responsible for all fees, deposits and charges which will be collected before and/or at the time of issuance of the building permit. The San Diego County Water Authority capacity charge will be collected at issuance of application for , meter installation. 36. Sequentially, the Developer's Engineer shall do the following: A. Meet with the City Fire Marshal and establish the fare protection requirements. 5 Also obtain G.P.M. demand for domestic and trrigational needs from appropriate parties.6 B. Prepare a colored reclaimed water use area map and submit it to the Planning 7 Department for processing and approval. C. Prior to the preparation of sewer, water and reclaimed water improvement plans, a meeting must be scheduled with the District Engineer for review, comment and approval of the preliminary system layouts and usages, i.e. GPM - EDU. 37. This project is approved upon the expressed condition that building permits will not be issued for development of the subject property unless the water district serving the 11 development determines that adequate water service and sewer facilities are available at the time of application for such water service and sewer permits will continue to be 12 available until time of occupancy. This note shall be placed on the final map. Building: 14 38. Storage of or parking of vehicles inside the structure are not allowed unless the 15 storage area is modified to meet 1994 UBC requirements for a "S-3" occupancy. A tenant improvement building permit will be required for this. 16 General17 39. If any of the foregoing 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 20 future building permits; deny, revoke or further institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No 21 vested rights are gained by Developer or a successor in interest by the City's approval of this Conditional Use Permit. 23 Code Reminders: 24 Fees: 25 40. The Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 27 28 PCRESONO. 3967 • -8- 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 1 Qiy 20 21 22 23 24 25 26 27 28 41. 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. 42. All landscape and irrigation plans shall be prepared to conform with Manual and submitted per the landscape plan check procedures on file Department. 43. Any signs proposed for this development shall at a minimum be designed the Landscape in the Planning in conformance with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 7th day of August 1996, by the following vote, to wit: AYES: Chairperson Compas, Commissioners Heineman, Monroy, Nielsen, Noble, Savary and Welshons NOES: None ABSENT: None ABSTAIN: None i/J // /$\A/ AAJ^s&sfrfj ( ^frffbfZlsld/' WILLIAM COMPAS, Chairpe/son CARLSBAD PLANNING COMMISSION ATTEST: lMljW0^ MICHAEL J. HOLZMILtER Planning Director " PCRESON0.3967 -9- 1 PLANNING COMMISSION RESOLUTION NO. 5002 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A FIVE YEAR EXTENSION OF A CONDITIONAL USE PERMIT TO 4 CONTINUE THE OPERATION OF A VEHICLE TOWING AND IMPOUNDMENT SERVICE ON PROPERTY LOCATED AT 5 6050 AVENDIA ENCINAS IN LOCAL FACILITIES 6 MANAGEMENT ZONE 3. CASE NAME: CONTRACT SERVICES/RANCHO DEL ORO 7 TOWING CASE NO.: CUP 96-08X18 : ' WHEREAS, Contract Services/Rancho Del Oro Towing, "Developer," has 10 filed a verified application with the City of Carlsbad regarding property owned by Mark & 11 Deborah Chapparone, "Owner," described as -: 12 Parcel 3 of Parcel Map No. 6693 as recorded on December 23, 13 1997 in the County of San Diego, California. File No. 77- 531486. 14 ("the Property"); and 15 WHEREAS, said verified application constitutes a request for a Conditional Use16 U Permit Extension as shown on Exhibits "A" - "D" dated August 7,1996, on file in the Carlsbad 18 Planning Department CONTRACT SERVICES/RANCHO DEL ORO TOWING - CUP 96- 19 08, as provided by the conditions of approval of CUP 96-08 and Chapter 21.42 and/or 21.50 of 20 the Carlsbad Municipal Code; and 21 WHEREAS, the Planning Commission did, on the 20th day of June 2001, hold a 22 duly noticed public hearing as prescribed by law to consider said request; and £j „. WHEREAS, at said public hearing, upon hearing and considering all testimony 25 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 26 relating to the CUP Extension. 27 as described and conditioned in Planning Commission Resolution No. 3967. WHEREAS, on August 7,1996, the Planning Commission approved CUP 96-08 28 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad as follows: 3 A) That the foregoing recitations are true and correct. 4 B) That based on the evidence presented at the public hearing, the Planning Commission APPROVES CONTRACT SERVICES/RANCHO DEL ORO 6 TOWING - CUP 96-08X1 based on the following findings and subject to the following conditions: 7 Findings:8 1. The adopted findings for CUP 96-08 which are contained in Planning Commission Resolution No. 3967 apply to this extension. 10 Conditions; 11 . 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 14 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 vested rights are gained by Developer or a successor in interest by the City's approval of this Conditional Use Permit. 17 2. All conditions of approval imposed upon Conditional Use Permit CUP 96-08 as stated in 18 Planning Commission Resolution No. 3967 shall apply as conditions of approval for CUP 9608x1 except Condition No. 8 which is replaced by Condition No. 4 below. ._„ . 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 21 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 22 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. 24 4. This Conditional Use Permit is granted for a period of 5 years from August 7, 2001 25 through August 7, 2006. 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 26 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 2 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 PC RESO NO. 5002 -2- and welfare is found, the extension shall be denied or granted with conditions which will 2 eliminate or substantially reduce such effects. There is no limit to the number of extensions the Planning Commission may grant. 3 4 NOTICE 5 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 8 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. 11 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 12 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. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 5002 -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 of the Planning Commission of the City of Carlsbad, California, held on the 20th day of June 2001 by the following vote, to wit: AYES: NOES: Chairperson Segall, Commissioners Baker, Heineman, Nielsen, and Trigas ABSENT: Commissioners Compas and L'Heureux ABSTAIN: JEFFREN. SEGALL, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J/HOLZMILLER Planning Director PC RESO NO. 5002 -4- 1 PLANNING COMMISSION RESOLUTION NO. 6026 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT AND FIVE YEAR EXTENSION OF A 4 CONDITIONAL USE PERMIT 96-08X1 ON PROPERTY 5 LOCATED AT 6050 AVENIDA ENCINAS IN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN 6 LOCAL FACILITIES MANAGEMENT ZONE 3. CASE NAME: CONTRACT SERVICES 7 CASE NO.: CUP 96-08xl(A) 8 WHEREAS, Simon Terry-Lloyd, "Developer," has filed a verified application 9 with the City of Carlsbad regarding property owned by Mark and Deborah Chapparone, 10 "Owner," described as . 12 Parcel 3 of Parcel Map 6693, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the 13 County Recorder of San Diego, December 23, 1997 as file number 77-531486 14 ("the Property"); and 16 WHEREAS, said verified application constitutes a request for a Conditional Use 17 Permit Amendment and Extension as shown on Exhibits "A" - "D" dated August 7, 1996, on 18 file in the Planning Department CONTRACT SERVICES - CUP 96-08xl(A), as provided by 19 the conditions of approval of CUP 96-08 and Chapter 21.42 and/or 21.50 of the Carlsbad 20 Municipal Code; and 21 22 WHEREAS, the Planning Commission did, on the 1st day of March 2006, hold a 23 duly noticed public hearing as prescribed by law to consider said request; and 24 - WHEREAS, at said public hearing, upon hearing and considering all testimony 25 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 26 relating to the CUP Amendment and Extension; and 27 WHEREAS, on August 7,1996, the Planning Commission approved CUP 96-08 28 as described and conditioned in Planning Commission Resolution No. 3967; and 1 WHEREAS, on June 20, 2001, the Planning Commission approved CUP 96- 2 08x1 as described and conditioned in Planning Commission Resolution No. 5002. 3 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 4 Commission of the City of Carlsbad as follows: 6 A) That the foregoing recitations are true and correct. 7 B) That based on the evidence presented at the public hearing, the Planning Commission APPROVES CONTRACT SERVICES - CUP 9( on the following findings and subject to the following conditions: 9 Findings; 10 1. The adopted findings for CUP 96-08x1 which are contained in Planning Commission: Resolution No. 5002 apply to this amendment and extension and are incorporated by this 12 reference. 13 Conditions; 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 16 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 17 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 19 or a successor in interest by the City's approval of this Conditional Use Permit. 20 2. All conditions of approval imposed upon Conditional Use Permit CUP 96-08x1 as stated in Planning Commission Resolution No. 5002 shall apply as conditions of approval for * CUP 96-08xl(A) and are incorporated by this reference except Condition No. 4 which is 22 replaced by Condition No. 5 below. 23 3. All conditions of approval imposed upon Conditional Use Permit CUP 96-08 as stated hi Planning Commission Resolution No. 3967 shall apply as conditions of approval for CUP 24 96-08xl(A) and are incorporated by this reference except Condition No. 18 which is replaced by Condition No. 6 below and Condition No. 20 which is replaced by Condition No. 7 below. 26 4. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis 27 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 PC RESO NO. 6026 -2- permittee the opportunity to be heard, add additional conditions to reduce or eliminate the 2 substantial negative effects. 3 5. This Conditional Use Permit is granted for a period of 5 years from March 1, 2006 through February 28, 2011. 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 5 years 6 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 9 conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the Planning Commission may grant. 10 6. The applicant shall limit the storage of vehicles related to retail auto towing to 20 vehicles. No recycling, repairing or cleaning of stored vehicles shall be permitted on 12 the site. In general, vehicles will be in an operable condition and not considered scrap. 13 7. The applicant is limited to the temporary storage of not more than 10 (ten) wrecked vehicles on this site at any one time. 8. Pursuant to the City of Carlsbad Standard Urban Stormwater Management Plan 15 (SUSMP), this project is required to capture and reduce pollutants to the maximum extent practicable. Within one month of the date of the extension of this 17 Conditional Use Permit, Developer shall formally submit and receive final approval from the City of Carlsbad Engineering Department of the Storm Water Management Plan (SWMP) that accompanied this application. 19 9. Within 6 months of the date of the extension of this Conditional Use Permit, 20 Developer shall have constructed the BMP measures necessary to capture and filter the anticipated pollutants of concern associated with the Project in accordance with the City-approved SWMP and the latest California National Pollution Discharge _» Elimination System (NPDES) permit requirements. Developer shall provide evidence of completion to the satisfaction of the City Engineer. 23 24 25 26 27 28 PCRESONO. 6026 -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 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, 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 1st day of March 2006 by the following vote, to wit: AYES: Commissioners Baker, Cardosa, Heineman, and Whitton NOES: Chairperson Montgomery and Commissioner Dominguez ABSENT: Commissioner Segall ABSTAIN: MARTELL B. MONTGOMEI CARLSBAD PLANNING COI ATTEST: hairperson SSION DONNEU Assistant Planning Director PCRESONO. 6026 -4-