HomeMy WebLinkAbout2006-04-05; Planning Commission; Resolution 60481 PLANNING COMMISSION RESOLUTION NO. 6048
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
RETROACTIVE EXTENSION AND APPROVAL IN
4 PERPETUITY OF A CONDITIONAL USE PERMIT TO ALLOW
5 THE CONTINUED OPERATION OF AN ATTENDED
RECYCLING FACILITY WITHIN THE VONS AT TAMARACK
6 PARKING LOT AT 955 TAMARACK LOCATED ON THE
SOUTH SIDE OF TAMARACK AVENUE BETWEEN ADAMS
7 AVENUE AND INTERSTATE 5 IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
8 CASE NAME: 20/20 RECYCLING FACILITY - VONS AT
9 TAMARACK
CASE NO.: CUP 95-01x2
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WHEREAS, 20/20 Recycle Centers, "Developer," has filed a verified application
12 with the City of Carlsbad regarding property owned by Dayton Corporation, "Owner,"
13 described as
14 Parcels 1 and 3 of Parcel Map No. 501, filed on April 16,1971
1 <. in the Office of the County Recorder, City of Carlsbad, County
of San Diego, State of California
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("the Property"); and
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WHEREAS, said verified application constitutes a request for a Conditional Use18
j9 Permit Extension as shown on Exhibits "A" - "B" dated March 1,1995, on file in the Planning
20 Department 20/20 RECYCLING FACILITY - VONS AT TAMARACK - CUP 95-01x2 as
21 provided by the conditions of approval of CUP 95-01 and Chapter 21.42 and/or 21.50 of the
22 Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did, on the 5th day of April 2006, hold a
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duly noticed public hearing as prescribed by law to consider said request; and
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26 WHEREAS, at said public hearing, upon hearing and considering all testimony
27 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
9Rzo relating to the CUP Extension; and
1 WHEREAS, on March 1,1995, the Planning Commission approved CUP 95-01
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as described and conditioned in Planning Commission Resolution No. 3748; and
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WHEREAS, on January 16, 2002, the Planning Commission approved CUP 95-
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Olxl as described and conditioned in Planning Commission Resolution No. 5126.
6 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
7 Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Planning
10 Commission APPROVES 20/20 RECYCLING FACILITY - VONS @
TAMARACK - CUP 95-01x2 to be effective retroactively from February 27,
2005 through February 26, 2010, based on the following findings and subject to
12 the following conditions:
13 Findings;
1. The adopted findings for CUP 95-Olxl which are contained in Planning Commission
, - Resolution No. 5126 apply to this extension and are incorporated by this reference.
16 Conditions:
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
19 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
20 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
22 or a successor in interest by the City's approval of this Conditional Use Permit.
23 2. All conditions of approval imposed upon Conditional Use Permit CUP 95-Olxl as stated
in Planning Commission Resolution No. 5126 shall apply as conditions of approval for
CUP 95-06x2 and are incorporated by this reference, except Conditions No. 5, 6, and 7
~i- which have been satisfied, and Condition No. 4 is replaced by Condition No. 4 below.
26 3. Within two months of approval, 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
27 the Planning Director, notifying all interested parties and successors in interest that the
City of Carlsbad has issued a(n) Conditional Use Permit Extension by Resolution(s)
No. 6048 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
PC RESO NO. 6048 -2-
well as any conditions or restrictions specified for inclusion in the Notice of Restriction.
2 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
3 or successor in interest.
4. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
<- harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
6 and costs, including court costs and attorney's fees incurred by the City arising, directly
or indirectly, from (a) City's approval and issuance of this Conditional Use Permit
7 Extension, (b) City's approval or issuance of any permit or action, whether discretionary
or non-discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator's installation and operation of the facility permitted hereby, including
9 without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions. This obligation survives until
10 all legal proceedings have been concluded and continues even if the City's approval is not
validated.11
12 5. 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
13 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
14 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.
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6. This Conditional Use Permit is granted for a period of five (5) years retroactively from
17 February 27,2005 through February 26,2010. 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
20 90 days prior to the expiration date. The City Council 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
23 the number of extensions the City Council may grant.
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PC RESO NO. 6048 -3-
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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 5th day of April 2006 by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Montgomery, Commissioners Baker, Dominguez,
Heineman, Segall, and Whitton
Commissioner Cardosa
MARTELL B. MONTfOMERYMairperson
CARLSBAD PLANNING COMMISSION
ATTESI1:,
NEU
Assistant Planning Director
PCRESONO. 6048 -4-