HomeMy WebLinkAbout2001-12-05; Planning Commission; Resolution 50901
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. 5090
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
RETROACTIVE EXTENSION OF A CONDITIONAL USE
PERMIT TO ALLOW THE CONTINUED LOCATION OF A
SECOND FREESTANDING SIGN ON PROPERTY WITHIN A
GENERAL COMMERCIAL (C-2) ZONE ON PROPERTY
GENERALLY LOCATED AT 5500 PASEO DEL NORTE IN
LOCAL FACILITIES MANAGEMENT ZONE 3
CASE NAME: BOB BARER VOLKSWAGON
CASE NO.: CUP 243x2
WHEREAS, Bob Baker Volkswagon, “Developer,“/“Owner” has filed a verified
application with the City of Carlsbad regarding property described as
A portion of Lot 8 of Carlsbad Tract No. 72-3, according to
Map No. 7492, filed in the Office of the County Recorder on
November 20, 1972, in the 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” - “B” dated March 27, 1985, on file in the
Carlsbad Planning Department BOB BAKER VOLKSWAGON - CUP 243, as provided by the
conditions of approval of CUP 243 and Chapter 2 1.42 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 5th day of December 2001,
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.
WHEREAS, on March 27,1985, the Planning Commission approved CUP 243
as described and conditioned in Planning Commission Resolution No. 2424.
WHEREAS, on October 2, 1996, the Planning Commission approved CUP
243x1 as described and conditioned in Planning Commission Resolution No. 3952.
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
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A)
W
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Planning
Commission APPROVES BOB BAKER VOLKSWAGON - CUP 243x2 based
on the following findings and subject to the following conditions:
Findiws:
1. The adopted findings for CUP 243 which are contained in Planning Commission
Resolution No. 2424 apply to this extension and are incorporated herein by reference.
2. 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.
Conditions:
1.
2.
3.
4.
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 243 as stated in
Planning Commission Resolution No. 2424 shall apply as conditions of approval for CUP 243x2 except Condition No. 4 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
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 Conditional Use Permit is granted for a period of five years from March 27,200O
through March 26,2005. This permit may be revoked at any time after a public hearing,
PC RESO NO. 5090 -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
if it is found that the use has a substantial detrimental effect on surrounding land uses and
the public’s health and welfare, or the conditions imposed herein have not been met. This
permit may be extended for a reasonable period of time not to exceed five (5) years upon
written application of the permittee made no less than 90 days prior to the expiration date.
The Planning Commission may not grant 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.
PC RESO NO. 5090 -3-
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 5th day of December 2001 by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Compas, Dominguez,
Heineman, and Trigas
NOES:
ABSENT: Commissioner Nielsen
ABSTAIN:
C&BAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RESO NO. 5090 -4-