HomeMy WebLinkAbout2006-07-19; Planning Commission; Resolution 61371 PLANNING COMMISSION RESOLUTION NO. 6137
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A SCENIC
CORRIDOR SPECIAL USE PERMIT TO DEMOLISH AN
4 EXISTING CHEVRON FUEL STATION AND CONSTRUCT A
5 NEW CHEVRON FUEL STATION TO INCLUDE A
2,793-SQUARE-FOOT CONVENIENCE MARKET AND FIVE
6 FUEL PUMPS ON A 0.71-ACRE PROPERTY GENERALLY
LOCATED AT THE SOUTHEAST CORNER OF EL CAMINO
7 REAL AND HAYMAR DRIVE IN LOCAL FACILITIES
MANAGEMENT ZONE 2.
8 CASE NAME: CHEVRON SERVICE STATION #09-1312
9 CASE NO: SUP 06-01
10 WHEREAS, RHL Design Group, "Developer," has filed a verified application
with the City of Carlsbad regarding property owned by Chevron Products Company, "Owner,"
12 described as
13
Parcel 1 of Parcel Map No. 391, in the City of Carlsbad,
14 County of San Diego, State of California, filed in the Office of
1 - the County Recorder of San Diego County, November 20,1970
as instrument No. 213361 of official records
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('the Property"); and
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WHEREAS, said verified application constitutes a request for a Scenic Corridor18
19 Special Use Permit as shown on Exhibits "A" - "K" dated July 19,2006, on file in the Planning
20 Department CHEVRON SERVICE STATION #09-1312 - SUP 06-01, as provided by Chapter
21 21.40 of the Carlsbad Municipal Code; and
22 WHEREAS, the Planning Commission did on the 19th day of July, 2006, hold a
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duly noticed public hearing as prescribed by law to consider said request; and
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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
27 relating to the Scenic Corridor Special Use Permit.
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1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
2 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 Commission
APPROVES CHEVRON SERVICE STATION #09-1312 - SUP 06-01, based
6 on the following findings and subject to the following conditions:
7 Findings;
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1. The proposed project conforms to the intent of the Scenic Preservation Overlay in that
9 the new Chevron fuel station is designed with elements of Old California
Architecture, is under the 35-foot height limit, and is landscaped utilizing the
10 London Plane tree to further enhance the scenic corridor.
2. The proposed project implements the goals and objectives of the General Plan in that the
12 proposed project does not conflict with any existing or proposed land use plans or
policies of the City of Carlsbad.
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3. The Planning Commission has reviewed each of the exactions imposed on the Developer
14 contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
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Conditions;
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1. Staff is authorized and directed to make, or require Developer to make, all corrections
18 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
20 different from this approval, shall require an amendment to this approval.
21 2. This approval is granted subject to the approval of CUP 05-26 and is subject to all
conditions contained in Planning Commission Resolution No. 6136 for those other
22 approvals incorporated herein by reference.
23 3. Prior to the issuance of the building permit, Developer shall submit to the City a Notice
24 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
25 City of Carlsbad has issued a Special Use Permit by Resolution No. 6137 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
27 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
28 which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
PCRESONO. 6137 -2-
1 NOTICE
2
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
4 "fees/exactions."
5 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
g annul their imposition.
9 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
12 expired.
13 PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
14 Commission of the City of Carlsbad, California, held on the 19th day of July, 2006, by the
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following vote, to wit:
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AYES: Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Heineman, Segall, and Whitton
18 NOES:
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ABSENT:
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21 ABSTAIN:
22
23
MARTELL B. MON'J&OMERX^hairperson
24 CARLSBAD PLANNING COMMISSION
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ATTEST:
26"
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2g DON NEU
Assistant Planning Director
PCRESONO. 6137 -3-