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HomeMy WebLinkAbout2002-07-17; Planning Commission; Resolution 52301 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. 5230 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE DEVELOP A SERVICE STATION AND CAR WASH ON PROPERTY GENERALLY LOCATED ON THE NORTHEAST CORNER OF EL CAMINO REAL AND LA COSTA AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 6 CASE NAME: CARLSBAD GASOLINE FACILITY CASE NO.: SDP 97-07(A) WHEREAS, 21st Century Oil, LLC, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by American Stores Properties, Inc. a Delaware corporation, “Owner,” described as DEVELOPMENT PLAN AMENDMENT SDP 97-07(A) TO Lot 2 of Carlsbad Tract Map 97-09, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 14038, filed in the Office of the County Recorder of San Diego, September 15,2000. (“the Property”); and WHEREAS, said verified application constitutes a request for a Site Development Plan Amendment as shown on Exhibits “A” - ‘tJt’ dated July 17,2002, on file in the Planning Department, CARLSBAD GASOLINE FACILITY - SDP 97-07(A), provided by Chapter 2 1.06/Section 2 1.53.120 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 17th day of July, 2002, 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 Site Development Plan Amendment. WHEREAS, on June 17,1998, the Planning Commission approved, SDP 97-07, as described and conditioned in Planning Commission Resolution No. 4313. 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) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission APPROVES CARLSBAD GASOLINE FACILITY - SDP 97- 07(A), based on the following findings and subject to the following conditions: Findinps: 1. That all of the findings of Planning Commission Resolution No. 4313 apply and are incorporated by this reference. 2. That the site has been designed to reduce the visual impact of the car wash building and waiting cars on the surrounding development and from public streets in that the building has increased setbacks for the public roadway; architectural features and landscaping to reduce the visual impact of the building; and landscaping and earthen berming to reduce the visual impact of waiting vehicles. 3. Adequate parking and circulation have been provided on-site to accommodate the proposed use in that 17 spaces have been provided where 15 are required and adequate circulation has been provided for passenger and fuel delivery vehicles. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to 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 modi@ 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 Site Development Plan. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Plan 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 fkom this approval, shall require an amendment to this approval. 3. This project shall comply with all conditions required as part of the approved Site Development Plan (SDP 97-07) as contained in Planning Commission Resolution No. 4313. PC RES0 NO. 5230 -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. Developer shall submit to the Planning Department a reproducible 24” x 36”, mylar copy of the Site Plan reflecting the conditions approved by the final decision making body. 5. This approval is granted subject to the approval of CUP 97-03(A) and SUP 97-03(A) and is subject to all conditions contained in Planning Commission Resolutions No. 5231 and 5232 for those other approvals. 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 fiom 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 feedexactions 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 feedexactions 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 RES0 NO. 5230 -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 17th day of July 2002, by the following vote, to wit: AYES: Chairperson Trigas, Commissioners Baker, Dominguez, Heineman, White, and Whitton NOES: None ABSENT: Commissioner Segall ABSTAIN: None L ., SEENA TRIGAS, Chairperson 1 CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 5230 -4-