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HomeMy WebLinkAbout2002-07-17; Planning Commission; Resolution 52321 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. 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. 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 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- 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 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-