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Home My WebLink About2006-03-01; Planning Commission; Resolution 60261 PLANNING COMMISSION RESOLUTION NO. 6026 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT AND FIVE YEAR EXTENSION OF A 4 CONDITIONAL USE PERMIT 96-08X1 ON PROPERTY 5 LOCATED AT 6050 AVENIDA ENCINAS IN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN 6 LOCAL FACILITIES MANAGEMENT ZONE 3. CASE NAME: CONTRACT SERVICES 7 CASE NO.: CUP 96-08x1 (A) 8 WHEREAS, Simon Terry-Lloyd, "Developer," has filed a verified application 9 with the City of Carlsbad regarding property owned by Mark and Deborah Chapparone, 10 "Owner," described as ^2 Parcel 3 of Parcel Map 6693, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the 13 County Recorder of San Diego, December 23, 1997 as file number 77-531486 14 ("the Property"); and 16 WHEREAS, said verified application constitutes a request for a Conditional Use 17 Permit Amendment and Extension as shown on Exhibits "A" - "D" dated August 7, 1996, on 18 file in the Planning Department CONTRACT SERVICES - CUP 96-08xl(A), as provided by 19 the conditions of approval of CUP 96-08 and Chapter 21.42 and/or 21.50 of the Carlsbad 20 Municipal Code; and21 22 WHEREAS, the Planning Commission did, on the 1st day of March 2006, hold a 23 duly noticed public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony 25 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 26 relating to the CUP Amendment and Extension; and 27 WHEREAS, on August 7,1996, the Planning Commission approved CUP 96-0828 as described and conditioned in Planning Commission Resolution No. 3967; and 1 WHEREAS, on June 20, 2001, the Planning Commission approved CUP 96- 2 08x1 as described and conditioned in Planning Commission Resolution No. 5002. 3 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 4 <- Commission of the City of Carlsbad as follows: 6 A) That the foregoing recitations are true and correct. 7 B) That based on the evidence presented at the public hearing, the Planning Commission APPROVES CONTRACT SERVICES - CUP 96-08xl(A) based on the following findings and subject to the following conditions: 9 Findings: 10 1. The adopted findings for CUP 96-08x1 which are contained in Planning Commission Resolution No. 5002 apply to this amendment and extension and are incorporated by this j2 reference. 13 Conditions; 14 1. if any of the following conditions fail to occur; or if they are, by their terms, to be 1 <_ 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 16 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 17 issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 19 or a successor in interest by the City's approval of this Conditional Use Permit. 20 2. All conditions of approval imposed upon Conditional Use Permit CUP 96-08x1 as stated in Planning Commission Resolution No. 5002 shall apply as conditions of approval for 21 CUP 96-08xl(A) and are incorporated by this reference except Condition No. 4 which is 22 replaced by Condition No. 5 below. 23 3. All conditions of approval imposed upon Conditional Use Permit CUP 96-08 as stated in Planning Commission Resolution No. 3967 shall apply as conditions of approval for CUP 24 96-08xl(A) and are incorporated by this reference except Condition No. 18 which is ,j, replaced by Condition No. 6 below and Condition No. 20 which is replaced by Condition No. 7 below. 26 4. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis 27 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 PC RESO NO. 6026 -2- permittee the opportunity to be heard, add additional conditions to reduce or eliminate the 2 substantial negative effects. 3 5. This Conditional Use Permit is granted for a period of 5 years from March 1, 2006 through February 28, 2011. 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 5 years 6 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 9 conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the Planning Commission may grant. 10 6. The applicant shall limit the storage of vehicles related to retail auto towing to 20 vehicles. No recycling, repairing or cleaning of stored vehicles shall be permitted on the site. In general, vehicles will be in an operable condition and not considered scrap. 13 7. The applicant is limited to the temporary storage of not more than 10 (ten) wrecked vehicles on this site at any one time. 8. Pursuant to the City of Carlsbad Standard Urban Stormwater Management Plan 16 (SUSMP), this project is required to capture and reduce pollutants to the maximum extent practicable. Within one month of the date of the extension of this 17 Conditional Use Permit, Developer shall formally submit and receive final approval from the City of Carlsbad Engineering Department of the Storm Water Management Plan (SWMP) that accompanied this application. 19 9. Within 6 months of the date of the extension of this Conditional Use Permit, 20 Developer shall have constructed the 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. Developer shall provide evidence of completion to the satisfaction of the City Engineer. 23 24 25 26 27 28 PCRESONO. 6026 -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 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 fees/exactions 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 fees/exactions 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 1st day of March 2006 by the following vote, to wit: AYES: Commissioners Baker, Cardosa, Heineman, and Whitton NOES: Chairperson Montgomery and Commissioner Dominguez ABSENT: Commissioner Segall ABSTAIN: MARTELL B. MONTGOMEI CARLSBAD PLANNING CO! ATTEST: fcOfrn / (£q DONNEU Assistant Planning Director •hairperson ISSION PCRESONO. 6026 -4-