HomeMy WebLinkAbout2001-07-18; Planning Commission; Resolution 5005. .
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PLANNING COMMISSION RESOLUTION NO. 5005
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING AN
EXTENSION OF A CONDITIONAL USE PERMIT TO ALLOW
THE CONTINUED OPERATION OF A GAS STATION WITH A
CAR WASH AND CONVENIENCE MARKET AT THE
SOUTHWEST CORNER OF PALOMAR AIRPORT ROAD AND
PASEO DEL NORTE IN LOCAL FACILITIES MANAGEMENT
ZONE 3.
CASE NAME: MOBIL OIL GAS STATION
CASE NO.: CUP 90-02x1
WHEREAS, Mobil Oil, “Developer,” has filed a verified application with the
City of Carlsbad regarding property owned by Ray and Barbara Winter Trust, “Owner,”
described as
Lot “H” of Ranch0 Agua Hedionda Map No. 823, City of
Carlsbad, County of San Diego, State of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Extension as shown on Exhibits “A” - “J” dated April 3, 1991, on file in the Carlsbad
Planning Department MOBIL OIL GAS STATION - CUP 90-02X1, as provided by the
conditions of approval of CUP 90-02 and Chapter 2 1.42 and/or 2 1 SO of the Carlsbad Municipal
Code; and
WHEREAS, the Planning Commission did, on the 17th day of April 1991, hold a
duly noticed public hearing as prescribed by law to consider CUP 90-02; and
WHEREAS, on the 17th day of April 1991, the Planning Commission approved
CUP 90-02 as described and conditioned in Planning Commission Resolution No. 3203.
WHEREAS, the City Council did, on the 6th day of August 1991, hold a duly
noticed public hearing as prescribed by law to consider CUP 90-02 on appeal; and
WHEREAS, on the 6th day of August 1991, the City Council approved CUP 90-
02 on appeal as described and conditioned in City Council Resolution No. 91-243.
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WHEREAS, the Planning Commission did, on the 18th day of July 2001, hold a
duly noticed public hearing as prescribed by law to consider a request for an extension of CUP
90-02; and
WHEREAS, at said public hearings, 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 MOBIL OIL GAS STATION - CUP 90-02X1 based
on the following findings and subject to the following conditions:
Findings:
1. The adopted findings for CUP 90-02 which are contained in Planning Commission
Resolution No. 3203 apply to this extension.
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 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
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Conditional Use Permit.
All conditions of approval imposed upon Conditional Use Permit CUP 90-02 as stated in
Planning Commission Resolution No. 3203 and as amended by City Council
Resolution No. 91-243 shall apply as conditions of approval for CUP 90-02X1 except
Condition No. 11 which is replaced by Condition No. 4 below.
This Conditional Use Permit shall be reviewed by the Planning Director 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. 5005 -2-
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permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
substantial negative effects.
4. This Conditional Use Permit is granted for a period of 10 years from August 6, 2001
through August 6,201l. 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 10 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.
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.
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PC RESO NO. 5005 -3-
. . r‘
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 18th day of July 2001 by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Compas, Heineman,
Nielsen, and Trigas
NOES:
ABSENT: Commissioner L’Heureux
ABSTAIN:
-
CARLSBA PLANkiNG COMMISSION
ATTEST:
Planning Director
’ PC RESO NO. 5005 -4-