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HomeMy WebLinkAbout2002-12-04; Planning Commission; Resolution 53031 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. 5303 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT EXTENSION TO ALLOW THE CONTINUED OPERATION OF A DRIVE-THRU GAS ISLAND AT THE 7-ELEVEN FOOD STORE ON PROPERTY LOCATED AT 901 PALOMAR AIRPORT ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 3. CASE NAME: 7-ELEVEN FOOD STORE CASE NO.: CUP 284x2 WHEREAS, the Winter Family Partnership, “Owner” and 7-Eleven, Inc. “Applicant” have filed a verified application with the City of Carlsbad which has been referred to the Planning Commission; and WHEREAS, said verified application constitutes a request for a Conditional Use Permit extension Parcel 2 of Parcel Map No. 195 in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, January 30, 1970 as File No. 18100 of Official Records (“the Property”); and WHEREAS, said verified application constitutes a request for Condition Use Permit Extension as shown on Exhibits “A” - “D,” dated June 10, 1986, on file in the Planning Department 7-ELEVEN FOOD STORE - CUP 284x2 and as provided by the conditions of approval of CUP 284x1 and Chapter 2 1.50 of the Carlsbad Municipal Code; and WHEREAS the Planning Commission did, on 4th day of December 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 CUP Extension. WHEREAS on August 21,1996, the Planning Commission approved CUP 284x1 as described and conditioned in Planning Commission Resolution No. 3956. 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 7-ELEVEN FOOD STORE - CUP 284x2 based on the following findings and subject to the following conditions: Findinm: 1. The adopted findings for CUP 284x1 which are contained in Planning Commission Resolution No. 3956 apply to this extension and are incorporated by this reference. 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 Condition Use Permit. All conditions of approval imposed upon Conditional Use Permit CUP 284x2 as stated in Planning Commission Resolution No. 3956 shall apply as conditions of approval for CUP 284x2 and are incorporated by this reference, except Condition No. 3 which has been satisfied, and Condition No. 1 is replaced by Condition No. 4. 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 (5) years retroactively from August 21, 2001 through August 20, 2006. 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 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 PC RES0 NO. 5303 -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 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. EnPineerinP: 5. 6. 7. Should the applicant or property owner sell or lease either Parcel 2 of Parcel Map 195 or Parcel A of Parcel Map 2923 so that these lots are owned or leased by more than one party, a reciprocal parking agreement shall be established for these two lots to the satisfaction of the City Attorney. Within 6 months of approval of this Conditional Use Permit extension, Developer shall submit and receive approval for a Storm Water Management Plan (SWMP) to the City of Carlsbad Engineering Department. This project qualifies as a “priority project” as defined by Order No. 2001-01 by the California Regional Water Quality Control Board and therefore this project is required to capture and reduce pollutants to a level of insignificance. The organization and content of the SWMP shall be prepared in accordance with City of Carlsbad guidelines. The SWMP shall address the anticipated pollutants of concern associated with the Project. The SWMP shall also suggest the type(s) of Best Management Practices (BMPs) to be used to capture and filter said pollutants of concern. Prior to the next annual review of this Conditional Use Permit, Developer shall have constructed the necessary BMP measures to capture and filter the anticipated pollutants of concern associated with the Project in accordance with the SWMP and the latest California National Pollution Discharge Elimination System (NPDES) Permit. 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 “feedexactions.” 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 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. 5303 -3- 1 2 3 4 5 6 7 8 9 1c 11 12 12 14 1; 1t 1: 11 l! 2( 2' 2: 2: 2G 2 2' 2 2 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 4th day of December 2002, by the following vote, to wit: AYES: Chairperson Trigas, Commissioners Baker, Dominguez, Heineman, Segall, White, and Whitton NOES: None ABSENT: None ABSTAIN: None ~~ SEENA TRIGAS, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 5303 -4-