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Home My WebLink About1994-09-20; City Council; 12875; Granting Part Denying Part Appeals of Planning Commission Approval Vehicles Unlimited CUP 154-Br-TY OF CARLSBAD - AG’-IDA BILL AB # /+ 87x TITLE: CjKAN'I'lNCj IN !?AK-I’ ANLI LJHNYlNG IN k”AK’l THE APPEALS OF PLANNING COMMISSION DEPT. HD. MTG. g/20/94 APPROVAL DEPT. CA APPLICANT: VEHICLES UNLIMITED CASE NO: CUP 154-B RECOMMENDED ACTION: Adopt Resolution No. 5%4-+77~ making the necessary findings to grant in part and deny in part the appeals and uphold the Planning Commission's approval of Conditional Use Permit CUP 154-B. ITEM EXPLANATION The City Council, at your meeting of September 13, 1994, after careful consideration, directed the City Attorney to prepare the document granting in part and denying in part the appeals and upholding the Planning Commission's approval of Conditional Use Permit CUP 154-B. That document is attached. The Council should satisfy itself that the conditions accurately reflect your intentions in the matter. If the Council concurs, your action is to adopt Resolution No. 9w=J7d . EXHIBIT Resolution No. 9hJ7.4 / - 1 2 3 4 5 6 7 6 9 10 11 12 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 94-270 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA GRANTING THE APPEAL IN PART AND DENYING THE APPEAL IN PART OF THE PLANNING COMMISSION APPROVAL OF A CONDITIONAL USE PERMIT FOR THE TEMPORARY STORAGE AND IMPOUND OF VEHICLES IN THE PALOMAR AIRPORT BUSINESS PARK. APPLICANT: VEHICLES UNLIMITED CASE NO.: CUP 154-B WHEREAS, a verified application for a conditional use permit to construct a temporary storage and impound of vehicles facility on property located at 2175 Camino Vida Roble described as: Lot 15 of Palomar Airport Business Park Unit No. 1, of Map 854 recorded December 31, 1974, City of Carlsbad, County of San Diego, State of California. has been filed with the city of Carlsbad and referred to the Planning Commission; and WHEREAS, the Planning Commission did on June 15, 1994, July 6, 1994 and July 20, 1994 hold duly noticed public hearings as prescribed by law to consider said application for Conditional Use Permit CUP 154-B; and WHEREAS, the Planning Commission did on July 20, 1994 after hearing and considering all the evidence and testimony of all people desiring to be heard adopt Resolutions No. 3665 and 3689 approving the Negative Declaration and Conditional Use Permit CUP 154-B; and WHEREAS, appeals of this approval was timely filed on July 28, 1994; and WHEREAS, on September 13, 1994, the City Council of the City of Carlsbad held a duly noticed public hearing as prescribed by law to consider said appeal and at said hearing after , - 1 2 3 4 5 6 7 8 9 10 11 12 18 19 20 21 22 23 24 25 26 27 28 . . consideration of all the evidence, testimony, and argument of those persons present and desiring to be heard the City Council granted in part and and denied in part the appeal of the Conditional Use Permit 154-B, NOW, THEREFORE, the City Council of the City of Carlsbad resolves as follows: 1. That the foregoing recitations are true and correct. 2. That the appeal is granted in part and denied in part as set forth below. 3. That Condition No. 19 of Planning Commission Resolution No. 3689 is amended to read as follows: "Within 60 (sixty) days of approval of this application, existing dead plants located on the front, side and rear portions of the property shall be replaced in kind with mature, healthy and thriving plants to the satisfaction of the Planning Director. The landscaping shall be maintained in a thriving condition. The intent of this condition is to screen this facility from views from adjoining properties. Additional trees and/or other plants shall be planted along the rear portion of the site to fully screen the parking area in the property to the south. Additional trees and/or plants shall also be planted along the- western portion of the site to better screen the entry to the storage area of the site as approved by the Planning Director." 4. That Condition No. 20 of Planning Commission Resolution No. 3689 is amended to read as follows: "The rear portion of the lot shall be striped for 125 parking spaces pursuant to a written plan subject to the satisfaction of the City Engineer. The parking configuration shall provide for and be maintained at all times to allow an adequate driveway for access for emergency vehicles around the entire interior perimeter of the lot." 2 - . 5. That Condition No. 22 of Planning Commission . I 1 2 3 4 5 6 7 8 9 10 11 12 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3689 is amended to read as follows: "Within 90 (ninety) days of the approval of this permit, an approximate 120' long 6' high decorative masonry wall shall be constructed along the west side of the property in the area where vehicles are stored as approved by the Planning Director. The intent of this condition is to provide sufficient screening from and sufficient compatibility with existing neighborhood properties.'f 6. One-third of the applicants' appeal fees shall be refunded. 7. This action is final the date this resolution is adopted by the City Council. The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: "NOTICE TO APPLICANT" The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision become final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written II . I . request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008." PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 20th day of SEPTEMBER 1994, by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila NOES: None ABSENT: None ATTEST: ALETHA L. RAuTkNKRANZ, City Clerk 4