HomeMy WebLinkAbout2003-11-05; Planning Commission; Resolution 54801
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PLANNING COMMISSION RESOLUTION NO. 5480
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A TEN
YEAR EXTENSION OF A CONDITIONAL USE PERMIT TO
AUTOMOBILE SERVICE FACILITY ON PROPERTY
GENEWLY LOCATED AT 6021 PASEO DEL NORTE IN
LOCAL FACILITIES MANAGEMENT ZONE 3.
CASE NAME: PRIME AUTO CENTER
ALLOW A DRIVE-THRU RESTAURANT, CAR WASH, AND
CASE NO.: CUP 93-01(A)xl
WHEREAS, Prime Car Wash Investments, Inc., “Developer,” has filed a
verified application with the City of Carlsbad regarding property owned by Ray and Barbara
Winter Trust, “Owner,” described as
Portion of Lot H, Rancho Agua Hedionda, Map 823
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Extension as shown on Exhibits “A” - “E” dated October 4, 1995, on file in the
Carlsbad Planning Department PRIME AUTO CENTER - CUP 93-01(A), as provided by the
conditions of approval of CUP 93-01(A) and Chapter 21.42 and/or 21.50 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on the 5th day of November 2003,
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 October 4, 1995, the Planning Commission approved CUP 93-
Ol(A) as described and conditioned in Planning Commission Resolution No. 3823.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Planning
Commission APPROVES PRIME AUTO CENTER - CUP 93-01(A)xl -based
on the following findings and subject to the following conditions:
FindinPs :
1. The adopted findings for CUP 93-01(A) which are contained in Planning Commission
Resolutions No. 3571 and 3823 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 Conditional Use Permit.
All conditions of approval imposed upon Conditional Use Permit CUP 93-01(A) as stated
in Planning Commission Resolutions No. 3571 and 3823 shall apply as conditions of
approval for CUP 93-01(A)xl and are incorporated by this reference, except Conditions
No. 2 - 4,6, 8,16,22 - 26,28,33,36,39,40,42,44 - 53 of Resolution No. 3571 which
have been satisfied, and Condition No. 10 of Resolution 3571 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 10 years from November 5,2003
through November 4, 2013. 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 ten years
PC RES0 NO. 5480 -2-
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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.
En Pineering
Improvements
5. Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit, latest version. Developer shall provide
improvements constructed pursuant to best management practices as referenced in the
"California Storm Water Best Management Practices Handbook" to reduce surface
pollutants to an acceptable level prior to discharge from the site. Plans for such
improvements shall be submitted to and subject to the approval of the City Engineer.
Said plans shall include, but not be limited to notifylng prospective owners and tenants of
the following:
A. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifi-eeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
6. Within 6 months of the date of the extension of this Conditional Use Permit,
Developer shall submit to and receive approval from the City of Carlsbad
Engineering Department of a Storm Water Management Plan (SWMP). 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 the
guidelines as established by the City of Carlsbad Standard Urban Stormwater
Management Plan. The SWMP shall address the anticipated pollutants of concern
associated with the Project and shall suggest the type(s) of post-construction
(structural) Best Management Practices (BMPs) required to capture and filter said
anticipated pollutants of concern and shall provide calculations to ensure that
numeric sizing criteria is met.
PC RES0 NO. 5480 -3-
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7. Within 12 months of the date of the extension of this Conditional Use Permit,
Developer shall have constructed the necessary BMP measures necessary to capture
and filter the anticipated pollutants of concern associated with the Project in
accordance with the City-approved SWMP and the latest California National
Pollution Discharge Elimination System (NPDES) permit requirements.
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 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.
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PC RES0 NO. 5480 -4-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 5th day of November 2003 by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Dominguez, Heineman,
Montgomery, Segall, White, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
Chairperson
AD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5480 -5-