HomeMy WebLinkAbout2008-09-03; Planning Commission; Resolution 64571 PLANNING COMMISSION RESOLUTION NO. 6457
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A FIVE-
YEAR RETROACTIVE EXTENSION OF A CONDITIONAL
4 USE PERMIT TO ALLOW THE CONTINUED USE OF A 245-
5 SPACE VEHICLE STORAGE LOT ON PROPERTY
GENERALLY LOCATED ON THE SOUTHWEST CORNER OF
6 CANNON ROAD AND AVENIDA ENCINAS IN LOCAL
FACILITIES MANAGEMENT ZONE 3.
7 CASE NAME: BOB BAKER VEHICLE STORAGE LOT
CASE NO.: CUP 02-32X18
9 WHEREAS, Bob Baker Enterprises, Inc., "Developer," has filed a verified
10 application with the City of Carlsbad regarding property owned by Cannon Road, LLC,
"Owner," described as
12 A portion of Lot H of Rancho Agua Hedionda, in the City of
13 Carlsbad, in the County of San Diego, State of California,
according to Map thereof No. 823 filed in the Office of the
14 County Recorder of San Diego County, November, 16,1896.
15 ("the Property"); and
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WHEREAS, said verified application constitutes a request for a Conditional Use
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Permit Extension as shown on Exhibit(s) "A" dated August 6, 2003, on file in the Planning18
19 Department BOB BAKER VEHICLE STORAGE LOT - CUP 02-32X1, as provided by the
20 conditions of approval of CUP 02-32 and Chapter 21.42 and/or 21.50 of the Carlsbad Municipal
21 Code; and
22 WHEREAS, on August 6, 2003, the Planning Commission approved CUP 02-32
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by Planning Commission Resolution No. 5445; and
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WHEREAS, the Planning Commission did, on September 3, 2008, hold a duly
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25 noticed public hearing as prescribed by law to consider said request; and
27 WHEREAS, at said public hearing, upon hearing and considering all testimony
2° 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
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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
Commission APPROVES BOB BAKER VEHICLE STORAGE LOT - CUP
6 02-32X1 based on the following findings and subject to the following conditions:
7 Findings:
o
1. The adopted findings for CUP 02-32, which are contained in Planning Commission
9 Resolution No. 5445 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.
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2. All conditions of approval of Conditional Use Permit CUP 02-32 as stated in Planning
Commission Resolution No. 5445 shall apply as conditions of approval for CUP 02-32x1
19 and are incorporated by this reference, except Conditions No. 10 is replaced by
Condition No. 4 below and Engineering Condition No. 5 has been added below.
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3. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis
21 to determine if all conditions of this permit have been met and that the use does not have
jj 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 August 6, 2008
26 through August 5, 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
27 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 that there are no
PC RESO NO. 6457 -2-
substantial negative effects on surrounding land uses or the public's health and welfare.
2 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
3 substantially reduce such effects. There is no limit to the number of extensions the
Planning Commission may grant.
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<- Engineering:
6 5. Within 6 months of approval of this Conditional Use Permit extension (CUP 02-32x1),
developer shall process, execute and submit an executed copy to the City Engineer for
7 recordation a City standard Permanent Stormwater Quality Best Management Practice
Maintenance Agreement for the perpetual maintenance of all treatment control, applicable
site design and source control, post-construction permanent Best Management Practices.
NOTICE10
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
12 "fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
1 . 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
15 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
16 annul their imposition.
17 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
19 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.
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PC RESO NO. 6457 -3-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on September 3, 2008 by the following
vote, to wit:
AYES:
NOES:
Commissioners Baker, Boddy, Cardosa, Dominguez, Douglas, and
Vice Chairperson Montgomery
ABSENT: Chairperson Whitton
ABSTAIN:
MARTELL B. MONTGOMERY, VftT Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PC RESO NO. 6457 -4-