HomeMy WebLinkAbout2002-07-17; Planning Commission; Resolution 52321
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PLANNING COMMISSION RESOLUTION NO. 5232
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A SPECIAL USE PERMIT AMENDMENT TO
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: SUP 97-03(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
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 Special Use
Permit Amendment as shown on Exhibits “A” - “J” dated July 17,2002, on file in the Planning
Department CARLSBAD GASOLINE FACILITY - SUP 97-03(A), as provided by the
conditions of approval of SUP 97-03 and by Chapter 21.40/21.110 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 Special Use Permit Amendment; and
WHEREAS, on June 17,1998, the Planning Commission approved SUP 97-03,
as described and conditioned in Planning Commission Resolution No. 4316.
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Commission
A)
B)
FindinPs:
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
of the City of Carlsbad as follows:
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
APPROVES CARLSBAD GASOLINE FACILITY - SUP 97-03(A), based on
the following findings and subject to the following conditions:
1. That all of the findings of Planning Commission Resolution No. 4316 apply and are
incorporated by this reference.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the Special Use Permit document(s) necessary to make them
internally consistent and in conformity with final action on the project. Development
shall occur substantially as shown in the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
2. This approval is granted subject to the approval of SDP 97-07(A) and CUP 97-03(A) and
is subject to all conditions contained in Planning Commission Resolutions No. 5230 and
5231 for those other approvals.
3. Prior to the issuance of the building permit, Developer shall submit to the City a Notice
of Restriction to be filed in the office of the County 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 Special Use Permit by Resolution No. 5232 on the
property. Said 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 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.
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 feedexactions. 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
PC RES0 NO. 5232 -2-
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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.
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
SEENA TFUGAS, Chairpersod
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5232 -3-