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HomeMy WebLinkAbout2008-03-19; Planning Commission; Resolution 64011 PLANNING COMMISSION RESOLUTION NO. 6401 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A FIVE YEAR EXTENSION OF A CONDITIONAL USE PERMIT TO 4 ALLOW THE CONTINUED USE OF EXCESS PARKING 5 SPACES LOCATED AT THE LEGOLAND PARKING LOT, FOR THE STORAGE OF NEW VEHICLES AS NEEDED BY CAR 6 DEALERSHIPS OF CAR COUNTRY CARLSBAD, ON PROPERTY GENERALLY LOCATED AT 1 LEGOLAND 7 DRIVE IN LOGAL FACILITIES MANAGEMENT ZONE 13. CASE NAME: LEGOLAND VEHICLE STORAGE 8 CASE NO.: CUP 02-20X1 9 WHEREAS, LEGOLAND California LLC, "Developer," has filed a verified 10 application with the City of Carlsbad regarding property owned by Merlin Entertainments US 12 Holdings, "Owner," described as 13 Lots 18 and 19 of Carlsbad Tract Map 94-09, in the City of 14 Carlsbad, County of San Diego, State of California, according to map thereof no. 13408, filed in the Office of the County 16 Recorder of San Diego, April 1,1997. 17 ("the Property"); and18 19 WHEREAS, said verified application constitutes a request for a Conditional Use 20 Permit Extension of the approved use as shown on shown on Exhibit(s) "A" dated January 14, 21 2003, on file in the Planning Department LEGOLAND VEHICLE STORAGE - CUP 02- 22 20X1, as provided by the conditions of approval of CUP 02-20 and Chapter 21.42 and/or 21.50 23 of the Carlsbad Municipal Code; and 24 WHEREAS, the Planning Commission did, on March 19, 2008, hold a duly 26 noticed public hearing as prescribed by law to consider said request; and 27 WHEREAS, at said public hearing, upon hearing and considering all testimony 7R and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the CUP Extension. 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad as follows: 3 A) That the foregoing recitations are true and correct. 4 e- B) That based on the evidence presented at the public hearing, the Planning Commission APPROVES LEGOLAND VEHICLE STORAGE - CUP 02- 6 20X1 based on the following findings and subject to the following conditions: 7 Findings; o 1. The adopted findings for CUP 02-20 which are contained in Planning Commission 9 Resolution No. 5431 apply to this extension and are incorporated by this reference. 10 Conditions: 1. If any of the following conditions fail to occur, or if they are, by their terms, to be j2 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 13 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 14 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 16 or a successor in interest by the City's approval of this Conditional Use Permit Extension. 17 2. All conditions of approval imposed upon Conditional Use Permit CUP 02-20 as stated in Planning Commission Resolution No. 5431 shall apply as conditions of approval for CUP 19 02-20x1 and are incorporated by this reference, except Condition No. 11 is replaced by Condition No. 4 below. 20 3. 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 22 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 23 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 24 substantial negative effects. 25 4. This Conditional Use Permit is granted for a period of five (5) years from January 15, 26 2008 through January 14, 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 27 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 PC RESO NO. 6401 -2- that there are no substantial negative effects on surrounding land uses or the public's 2 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 3 conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the Planning Commission may grant. 4 <- Engineering: 6 5. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit and the City's Standard Urban Storm Water 7 Mitigation Plan (SUSMP). Developer shall incorporate 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 9 prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be 10 limited to notifying prospective owners and tenants of the following: A. All owners and tenants shall coordinate efforts to establish or work with 12 established disposal programs to remove and properly dispose of toxic and hazardous waste products. 13 B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, 14 antifreeze, 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, 16 herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective 17 containers. 1 810 C. Best Management Practices shall be used to eliminate or reduce surface pollutants , n when planning any changes to the landscaping and surface improvements. 20 6. 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 21 Carlsbad Engineering Department. This project qualifies as a "priority project" as defined by City of Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP), and therefore, the project is required to capture and reduce pollutants to a level of insignificance. The 23 organization and content of the SWMP shall be prepared in accordance with the guidelines established by the City of Carlsbad. The SWMP shall address the anticipated pollutants of 24 concern associated with the Project. The SWMP shall also suggest the type(s) of post- construction (structural) Best Management Practices (BMP's) required to capture and filter said pollutants of concern and establish maintenance provisions for said BMP's. 9f\ 1. Prior to the next annual review of this Conditional Use Permit, developer shall have 27 constructed the BMP measures necessary to capture and filter the anticipated pollutants of concern associated with the project in accordance with the SWMP. 28 PCRESONO. 6401 -3- 8. Vehicle washing shall be prohibited unless measures are taken to prevent spoils from 2 draining directly into the existing drainage system. This activity shall be reflected in the SWMP. 3 4 NOTICE 5 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 g 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 9 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 12 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. 15 " 16 17 18 19 20 21 22 23 24 25 26 27 28 PCRESONO. 6401 -4- 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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on March 19, 2008 by the following vote, to wit: AYES: NOES: Commissioners Baker, Boddy, Cardosa, Douglas, and Chairperson Whitton ABSENT: Commissioners Dominguez and Montgomery ABSTAIN: FRANK WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Dt)N NEU Planning Director PCRESONO. 6401 -5-