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Home My WebLink About2011-05-04; Planning Commission; Resolution 67721 PLANNING COMMISSION RESOLUTION NO. 6772 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A RETROACTIVE FIVE (5) YEAR EXTENSION OF A 4 CONDITIONAL USE PERMIT TO ALLOW THE CONTINUED 5 OPERATION OF A VEHICLE TOWING SERVICE AT 6050 AVENIDA ENCINAS IN THE MELLO II SEGMENT OF THE 6 LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 3. 7 CASE NAME: RDO TOWING CONTRACT SERVICES CASE NO.: CUP 96-08(A)X28 9 WHEREAS, United Road Towing, "Developer," has filed a verified application 10 with the City of Carlsbad regarding property owned by Mark and Deborah Chapparone, 1* "Owner," described as 12 Parcel 3 of Parcel Map 6693, in the City of Carlsbad, County 13 of San Diego, State of California, filed in the Office of the County Recorder of San Diego, December 23, 1997 as file 14 number 77-531486 15 ("the Property"); and 16 WHEREAS, said verified application constitutes a request for a Conditional Use 17 Permit Extension as shown on Exhibits "A" - "D" dated August 7,1996, on file in the Planning18 19 Department CONTRACT SERVICES - CUP 96-08xl(A), as provided by the conditions of 20 approval of CUP 96-08 and Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and 21 WHEREAS, the Planning Commission did, on May 4, 2011, hold a duly noticed 22 public hearing as prescribed by law to consider said request; and 23 WHEREAS, at said public hearing, upon hearing and considering all testimony 24 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 25 relating to the CUP Extension. 27 WHEREAS, on August 7, 1996, the Planning Commission approved CUP 96-08 98zo 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 WHEREAS, on March 1, 2006, the Planning Commission approved CUP 96- 4 r 08xl(A) as described and conditioned in Planning Commission Resolution No. 6026. 6 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 7 Commission of the City of Carlsbad as follows: g A) That the foregoing recitations are true and correct. 9 B) That based on the evidence presented at the public hearing, the Planning 10 Commission APPROVES RDO TOWING CONTRACT SERVICES - CUP 96-08(A)X2 based on the following findings and subject to the following conditions: 12 Findings: 13 1. The adopted findings for CUP 96-08xl(A) which are contained in Planning Commission 1 ^ Resolution No. 6026 apply to this extension and are incorporated by this reference. Conditions: 16 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 17 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 revoke or modify all approvals herein granted; deny or further condition issuance of all 19 future building permits; deny, revoke, or further condition all .certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the 20 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 21 or a successor in interest by the City's approval of this Conditional Use Permit. 22 2. All conditions of approval imposed upon Conditional Use Permit CUP 96-08xl(A) as 23 stated in Planning Commission Resolution No. 6026 shall apply as conditions of approval for CUP 96-08(A)x2 and are incorporated by this reference, except Conditions No. 8 and 24 9 which have been satisfied, and Condition No. 5 which is replaced by Condition No. 4 jc below. 26 3. CUP 96-08(A)x2 shall be reviewed by the Planning Director annually to determine if all conditions of this permit have been met and that the use does not have a substantial 27 negative effect on surrounding properties or the public health, safety and general welfare. If the Planning Director determines that: 1) the Conditional Use Permit was obtained by fraud or misrepresentation; or 2) the use for which such approval was granted is not being exercised; or 3) the Conditional Use Permit is being or recently has been exercised PC RESO NO. 6772 -2- contrary to any of the terms or conditions of approval or the conditions of approval have 2 not been met; or 4) the use for which such approval was granted has ceased to exist or has been suspended for one year or more; or 5) the use is in violation of any statute, 3 ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is being or has been so exercised as to be detrimental to the public health, safety or welfare or so as to constitute a nuisance, the Planning Director shall recommend that the Planning <- Commission hold a public hearing and after providing the permittee the opportunity to be heard, the Planning Commission may revoke and terminate the Conditional Use Permit in 6 whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose new conditions. 7 4. This Conditional Use Permit is granted retroactively for a period of five (5) years from March 1, 2011 through February 28, 2016. This permit may be revoked at any time 9 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 10 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 substantial negative effects on surrounding land uses or the public's health and welfare. If a substantial negative effect on surrounding 13 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 the number of extensions the Planning Commission may grant. 15 NOTICE 16 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." 19 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 22 annul their imposition. 23 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 25 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 26 expired. 27 28 PC RESO NO. 6772 -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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on May 4, 2011 by the following vote, to wit: AYES: NOES: Chairperson L'Heureux, Commissioners Black, Dominguez, Nygaard, Schumacher and Siekmann ABSENT: Commissioner Montgomery ABSTAIN: STEPHEN "HAP" L'HEUREUX, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6772 -4-