HomeMy WebLinkAbout1994-07-20; Planning Commission; Resolution 3689ll
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PLANNING COMMISSION RESOLUTION NO. 3689
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT AMENDMENT TO PERMIT
TEMPORARY PARKING/IMPOUND OF SEIZED VEHICLES IN
THE PLANNED INDUSTRIAL ZONE ON PROPERTY
GENERALLY LOCATED ON THE SOUTH SIDE OF CAMINO
VIDA ROBLE JUST WEST OF YARROW DRIVE.
CASE NAME: VEHICLES UNLIMITED
CASE NO: CUP 154(B)
WHEREAS, a verified application has been filed with the City of
and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as prc
Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the
Commission did, on the 6th day of July, 1994, hold a duly noticed public hs
consider said application on property described as:
Lot 15 of Palomar Airport Business Park Unit No. 1, of Map
854 recorded December 31, 1974, City of Carlsbad, County
of San Diego, State of California.
WHEREAS, at said public hearing, upon hearing and consid
testimony and arguments, if any, of all persons desiring to be heard, said Co!
considered all factors relating to CUP 154(B).
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Co.
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 Co
APPROVES CUP 154(B), based on the following findings and subje
following conditions:
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FiIldill2S:
1. That the requested use is necessary and desirable for the developmen
the General Plan, and is not detrimental to existing uses or to uses spc
permitted in the PM zone in which the proposed use is to be located.
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2 community, is essentially in harmony with the various elements and obje
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5 the use.
2. That the site for the intended use is adequate in size and shape to accor
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3. That all of the yards, setbacks, walls, fences, landscaping, and other
necessary to adjust the requested use to existing or permitted future us1
neighborhood will be provided and maintained.
4. That the street system serving the proposed use is adequate to properly h
traffic generated by the proposed use.
5. This project will not cause any significant environmental impacts and a
Declaration has been issued by the Planning Director on April 18, 1
APPROVED by the Planning Commission on July 6, 1994. In appro
Negative Declaration the Planning Commission has considered the initial s
staff analysis, all required mitigation measures and any written comments
regarding the significant effects this project could have on the envirom
6. The Applicant is by condition, required to pay any increase in public fa(
or new construction tax, or development fees, and has agreed to abidl
additional requirements established by a Local Facilities Managemc
prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code.
ensure continued availability of public facilities and will mitigate any cu
impacts created by the project.
l8 I) 7. his project is consistent with the City's Growth Management Ordinance
19 ,i been conditioned to comply with any requirement approved as part of 1
20 I1 Facilities Management Plan for Zone 5.
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8. All necessary public improvements have been provided or will be re(
conditions of approval.
9. The proposed project is compatible with the surrounding land UI
surrounding properties are designated for industrial development on tht
Plan and the area has been fully developed with compatible planned j
developments and the stored vehicles are screened from view due to to1
changes, vinyl screening and landscaping.
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Conditions:
1. Approval is granted for CUP 154(B), as shown on Exhibit "A", dated July
incorporated by reference and on file in the Planning Department. Dew
shall occur substantially as shown. All conditions of CUP 154 are super:
the conditions contained herein. All Conditions of CUP 154(A), Resolu
3666 are incorporated herein by reference.
2. The developer shall provide the City with a reproducible 24" X 36", myla]
the site plan as approved by the Planning Commission within 30 days of <
of the project. The site plan shall reflect the conditions of approval req
the City.
3. This project is approved under the express condition that the applicant
public facilities fee adopted by the City Council on July 28, 1987 and as 5
from time to time, and any development fees established by the CiD
pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other c
adopted to implement a growth management system or facilities and imp1
plan. If the fees are not paid this application will not be consistent
General Plan and approval for this project will be void.
4. This project shall comply with all conditions and mitigation measures w:
be required as part of the Zone 5 Local Facilities Management Plan
amendment made to that plan prior to the issuance of any building pen
5. If any condition for construction of any public improvements or facilitic
payment of any fees in lieu thereof, imposed by this approval or impose
on this project are challenged this approval shall be suspended as prc
Government Code Section 65913.5. If any such condition is determin
invalid this approval shall be invalid unless the City Council determines
project without the condition complies with all requirements of law.
6. Approval of this request shall not excuse compliance with all sectior
Zoning Ordinance and all other applicable City ordinances in effect at tl:
building permit issuance.
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PC RES0 NO. 3689 -3-
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7. This conditional use permit is granted for a period of 3.5 years. This co:
use permit shall be reviewed by the Planning Director on a yearly
determine if all conditions of this permit have been met and that the use
have a significant detrimental impact on surrounding properties or tf
health and welfare. If the Planning Director determines that the use
significant adverse impacts, the Planning Director shall recommend
Planning Commission, after providing the permittee the opportunity to 1
add additional conditions to mitigate the significant adverse impacts. Th
may be revoked at any time after a public hearing, if it is found that thc
a significant detrimental affect on surrounding land uses and the public
and welfare, or the conditions imposed herein have not been met. Th
may be extended for a reasonable period of time not to exceed 5 ye
written application of the permittee made no less than 90 days pric
expiration date. In granting such extension, the Planning Commission I
that no substantial adverse affect on surrounding land uses or the public
and welfare will result because of the continuation of the permitted I
substantial adverse affect on surrounding land uses or the public’s he
welfare is found, the extension shall be considered as an original applic
a conditional use permit. There is no limit to the number of exten:
Planning Commission may grant.
8. If the property owner/owners’ address changes from that which is show
conditional use permit application, a notice (of a change of address
reported, in writing, to the Planning Department within 30 days.
9. Existing onsite trees shall be retained and shall lbe trimmed and/or toppe
decaying or potentially dangerous trees shall be approved for remov;
discretion of the Planning Department. Landscaping shall continue to be
to provide an adequate line of sight from the driveway.
10. All landscaped areas shall be maintained in a healthy and thriving condi
from weeds, trash, and debris.
11. No signage shall be permitted for the temporary auto storage/impound 0:
on this site.
12. The applicant/owner shall repair and maintain all asphalt surfaces.
13. The storage of any single vehicle on the property is limited to 45 days, ex
vehicles being held for evidence in a Homicide case may be stored for
days under police authority.
14. No outside storage, other than the temporary storage/impound of
expressly permitted under this permit, shall be allowed on the property
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15. Within 30 days of approval of this application, the applicant shall per
remove the C-storage container located on the property. A modular stc
that is architecturally compatible with the surrounding area may be pen
the site subject to the approval of the Planning Director.
16. AU fencing and vinyl screening shall be maintained in a good condition
17. The parking of large-hauler tow trucks is limited to the subject prop
parking of the large-hauler tow trucks is permitted on the Creekside dew
site located directly to the west of the project site, the street, or any
property-
18. The applicant shall not engage in any retail auto towing or recycling bl
the subject site. No cleaning or repairs of stored vehicles shall be per
site. In general, vehicles will be in an operable condition and not c1
scrap.
19. Within 60 days of approval of this application, existing dead plants locat
front, side and rear portions of the property shall be replaced in kind wit
plants. Additional trees and/or other plants shall be planted along the re:
of the site to fully screen the parking area from the property to tl
Additional trees and/or plants shall also be planted along the western I
the site to better screen the entry to the storage area of the site as approw
Planning Director.
20. The rear portion of the lot shall be striped for 69 parking spaces pu
Exhibit 'Y', attached hereto, as may be modlified by the City Ekgint
maximum number of vehicles stored on this site at any one time shall 1
21. The applicant is limited to the temporary storage of not more than 2
vehicles on this site at any one time.
22. Within 90 days of approval of this permit, a six foot high decorative mas
shall be constructed along the west side of the property as approve
Planning Director.
23. Should Vehicles Unlimited discontinue use of this site, the site shall be (
all vehicles and all materials and supplies associated with the business an
shall be restored to its original condition prior to Vehicles Unlimited occu
site, except that the six foot masonry wall constructed along the west s
property may remain at the discretion of the property owner.
24. Within 90 days of the approval of this CUP Amendment, the applicant sh
approval from the City Engineer of a Best Management Practices Plan
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pollutants from the drainage and meet the needs of the National
Discharge Elimination System (NPDES) permit, to the satisfaction oi
Engineer. The plan shall include but not be limited to providing mc
contain and control any spill of materials considered hazardous, provide
to keep the site swept and clean of such hazardous materials and notify tl
Hazardous Materials Disposal Unit when a spill occurs. All materials re
a result of these operations shall be disposed of in a lawful and approve
for disposing of hazardous materials.
25. All vehicles including large hauler trucks shall be parked in a safe a
manner. No loading or unloading of vehicles shall be permitted in 1
street. Public travel lanes shall not be blocked while parking vehicle!
traffic control plan has been approved and a right-of-way permit has be
26. Upon discontinuing the operations permitted by this Conditional Use P
applicant shall test the site and soils for contamination with hazardous
and if contamination is found, restore the site as may be required by thc
owners and the County Health Authorities using approved methods stand
industry of hazardous waste disposal.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 20th day of July,
the following vote, to wit:
AYES: Chairperson Savary; Commissioners Welshons
Compas, Monroy and Nielsen.
NOES: Commissioner Erwin.
ABSENT: None.
ABSTAIN: None.
CARLSBAD PLANNING COMMISSIOI
ATTEST:
MICHAEL J. HOXMIIYER
Planning Director
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