HomeMy WebLinkAbout2011-05-04; Planning Commission; ; CUP 96-08AX2 - RDO TOWING CONTRACT SERVICESThe City of Carlsbad Planning Division
A REPORT TO THE PLANNING COMMISSION
Conditional Use Permit Extension
P.C. AGENDA OF: May 4, 2011
ltemNo. 0
Application complete date: February 23, 2011
Project Planner: Van Lynch
Project Engineer: Tecla Levy
SUBJECT: CUP 96-08(A)x2 -RDO TOWING CONTRACT SERVICES -Request for a
retroactive five year extension of CUP 96-08xl(A) to allow the continued
operation of a vehicle towing service at 6050 A venida Encinas in the Mello II
Segment of the Local Coastal Program and in Local Facilities Management Zone
3.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 6772
APPROVING a five year retroactive extension of CUP 96-08xl(A) based upon the findings and
subject to the conditions contained therein.
II. INTRODUCTION
This proposed retroactive five year extension of CUP 96-08x 1 (A) will allow the continued
operation of a vehicle towing service (Rancho Del Oro Towing) located at 6050 Avenida
Encinas from March 1, 2011 through February 28, 2016. The CUP expired February 28, 2011.
The applicant, Rancho Del Oro Towing, filed for an extension in a timely manner on January 20,
2011 and is requesting the five year extension of CUP 98-08xl(A) to allow for the continued
operation of the vehicle towing service.
III. PROJECT DESCRIPTION AND BACKGROUND
The applicant, Rancho Del Oro Towing, is requesting a 5-year retroactive extension of CUP 98-
0Sx I (A) to allow the continued operation of a vehicle towing service at 6050 A venida Encinas,
located south of Palomar Airport Road and on the east side of A venida Encinas. The application
for the CUP extension was submitted on January 20, 2011 prior to the February 28, 2011
expiration of the CUP.
On August 7, 1996, the Planning Commission approved the original CUP 96-08 (PC Resolution
3967) and on June 20, 2001 the Planning Commission approved CUP 96-08xl(PC Resolution
5002) to extend the CUP for the operation of a vehicle towing service.
On March 1, 2006, The Planning Commission approved an amendment to the CUP (CUP 96-08
xl(A)) to allow up to ten wrecked vehicles (up from two) and to allow 20% retail towing
services where none was previously allowed and extended the CUP for an additional five years.
CUP 96-08(A)x2 -RDO TOWING CONTRACT SERVICES
May 4, 2011
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Condition No. 5 of the approving CUP Resolution No. 6026 specifies that CUP 96-08xl(A) is
granted for a period of 5 years but may be extended upon written application of the permittee
(Rancho Del Oro Towing/United Road Towing). Staff is recommending a five year extension
retroactive to the permit's expiration date of February 28, 2011.
IV. ANALYSIS
A. The vehicle towing service continues to be consistent with all applicable plans, policies
and regulations described below:
1. Carlsbad General Plan
2. Title 21 of the Carlsbad Municipal Code
3. Local Coastal Plan (Mello II LCP Segment)
4. Local Facilities Management Plan (Zone 3)
B. The adopted project findings for CUP 96-08x 1 (A), which are contained in Planning
Commission Resolution No. 6026 still apply to this project (CUP 96-08(A)x2).
C. The adopted project conditions for CUP 96-08xl(A), which are contained in Planning
Commission Resolution No. 6026 still apply to this project (CUP 96-08(A)x2) with the
exception of Condition No. 5 which is amended by Condition No. 4 in Planning
Commission Resolution No. 6772 to extend CUP 96-08xl(A) for 5 years from March 1,
2011 through February 28, 2016, and Condition Nos. 8 and 9 which have been satisfied.
D. No formal written complaints regarding CUP 96-08xl(A) have been submitted to the
City in the last two years. In August of 2008, the neighboring property owner filed a
complaint with the City regarding the parking of vehicles within the shared access way of
the three properties. The situation was remedied by the Fire Department requiring the
painting and maintenance of a fire access lane.
E. Annual reviews have been conducted for CUP 96-08xl(A) and the project is in
compliance. with all conditions of approval. The City's Stormwater Division has also
reviewed the project and has noted minor storm water violations. The operator of the use
has been advised on improved best management practices to resolve any storm water
issues. The City has required and received proof of maintenance of the drainage inlets to
ensure the inlets are being maintained pursuant to the project's storm water management
plan.
V. ENVIRONMENTAL REVIEW
The Planning Director has determined that this project is exempt from the requirements of the
California Environrhental Quality Act (CEQA) per Section 15301, Existing Facilities, of the
State CEQA Guidelines and will not have any adverse significant impact on the environment.
ATTACHMENTS:
1. Planning Commission Resolution No. 6772
2. Location Map
CUP 96-08(A)x2 -RDO TOWING CONTRACT SERVICES
May 4, 2011
PAGE3
3. Disclosure Statement
4. Reduced Exhibit "A" of CUP 96-08xl(A), dated August 7, 1996
5. Planning Commission Resolution No. 3967, dated August 7, 1996
6. Planning Commission Resolution No. 5002, dated June 20, 2001
7. Planning Commission Resolution No. 6026, dated March 1, 2006
SITE MAP
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NOT TO SCALE
RDO Towing Contract Services
CUP 96-08(A)x2
«~·'.'·
~-CITY OF
CARLSBAD
DISCLOSURE
STATEMENT
P-1 (A)
Development Services
Planning Department
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission or
Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is. completed. Please print. / I'
r
N<>te: -. . . .•.. . '> >' : ,, . . . . .. ..• ... • • .
Person is defined as ''Any inc:lividuar, firrn, co~partnership; joint venture, association,. social dub,
fratemal organization, corporafion, estatt7, trtJst r$ceiver; syndicate, in this and any other county,
city and· county, :city .munic:ipaHty,> distr,lcf:cor 'other· politic:pJ subdivision or any 'other. group or combination acting as a µnit."· \ >> •••.• •• •• • • • • • • •• • • • •
Agents may sign·this •Elo'tum~rit·t,6weC~r;th~ legal name ancf entity of the ~pplicant aod property owner must be provided below.· .· .. ·. • • ·.·• • • • • •• • •• •
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial
interest in the application. If the applicant includes a corporation or partnership, include the
names, titles, addresses of all individuals owning more than 10% of the shares. IF NO
INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-
APPLICABLE (NIA) IN THE SPACE BELOW. If a publicly-owned corporation, include the
names, titles, and addresses of the corporate officers. (A separate page may be attached if
necessary.)
Person ,J}A ,QQIJJ/Part NJ A--I . I'
Title NIA Title· JJ,/k
Address ,-J Lr±: Address ;;1a I. l
2. OWNER (Not the owner's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the nature of the legal ownership
(i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes
a corporation or partnership, include the names, titres, addresses of all individuals owning
more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE
SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) IN THE SPACE BELOW. If a
publicly-owned corporation, include the names, titles, and addresses of the corporate officers.
(A separate page may be attached if necessary.)
Person '(V\""...,."--Cb"i°-Pc,,.ro,..,~ Corp/Part ~c.)..;,~.._k, J ~-,,d,o,t"'0 .u....._
Title C\.u~-c,.( Title~o=W=A..J,,,N('~-----------
Address rD ~" Address ro ~ 0)C'
~<:$1\; (!,J4
P-1(A) Page 1 of 2 Revised 04/09
3. NON-PROFIT o·RGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list
the names and addresses of ANY person serving as an officer or director of the non-profit
organization or as trustee or beneficiary of the.
Non Profit/Trust.________ Non Profit/Trust _________ _
Title Title --------------------------
Address -----------Address ____________ _
4. Have you had more than $500 worth of business transacted with any. member of City staff,
Boards, Commissions, Committees and/or Council within the past twelve (12) months?· l
D Yes §No If yes, please indicate person(s): _____________ _
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge.
--Fl? vd __,/ «
Signature of owner/date
Print or type name of ownef ' Print or type name of applicant
agent if applicable/date
0 d .-,-.,4--/... fZ. Chap JJ,~ • 11/;c /z"f"
Print or type name of ownerTapplicant's agent
P-1(A) Page 2 of 2 Revised 04/09
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PLANNING COMMISSION RESOLUTION NO. 3967
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW TI:IE TEMPORARY
STORAGE AND IMPOUNDING OF SEIZED VEHICLES ON
PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF
AVENIDA ENCINAS AND SOUTH OF PALOMAR AIRPORT
ROAD.
CASE NAME:
CASE NO.:
CONTRACT SERVICES
CUP 96-08
WHEREAS, TRAPIKS, Inc. has filed a verified application with the City of
Carlsbad which has been referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits "A" -"D", dated August 7, 1996, on file in the Carlsbad Planning
Department, and as provided by Chapters 21.42 and 21.50 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on the 7th day of August 1996, hold a duly noticed public hearing to consider
said application on property described as:
Parcel 3 of Parcel Map No. 6693 as recorded on December 23,
1977 in the County of San Diego, California. File No. 77-
531486.
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to CUP 96-08.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
, A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
APPROVES Conditional Use Permit, CUP 96-08, based on the following
findings and subject to the following conditions:
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Findings:
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That the requested use is necessary or desirable for the development of the community, is
essentially in harmony with the various elements and objectives of the General Plan and
is not detrimental to existing uses specifically permitted in the zone in which the
proposed use is located, in that the proposed use can adequately function at the
proposed site without creating conflicts with adjacent industrial/office uses or any
existing or future permitted uses given the General Plan designations in the area~ In
addition, the use will complement the efforts and operations of various local, state
and federal law enforcement agencies and entities by providing the impounding and
storage service for seized vehicles.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the storage/impounding space requirements of Contract Services can be
provided while still parking the respective office/warehouse components of the
existing buildings at the appropriate parking ratios and maintaining all necessary
circulation and emergency vehicle accessways.
That all the yards, setbacks, walls, fences, landscaping and other features necessary to
adjust the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that the site is existing with two buildings, a parking lot
area and perimeter landscaping, all of which will be maintained by the applicant.
Screening of the site will be monitored via the CUP process and will be achieved by
a combination of fencing, landscaping and existing building locations and grade
situations.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the Avenida Encinas street system is adequate
to serve the site and the proposed use. Being at the terminus of a private panhandle
access road, the activity associated with this use will be confmed and out of areas of
potential conflict with the users and vehicles associated with adjacent industrial
office uses and public street_ system users.
The Planning Commission of the City of Carlsbad has reviewed, analyzed and
considered the Negative Declaration for the conditional use permit approval of the
proposed temporary storage of seized vehicles, the environmental impacts therein
identified for this project and any comments thereon prior to APPROVING the project.
Based on the EIA Part II and comments thereon, the Planning Commission finds that
there is no substantial evidence the project will have a significant effect on the
environment and thereby APPROVES the Negative Declaration.
The Planning Commission finds that the project, as conditioned herein for CUP 96-08,
is in conformance with the Elements of the City's General Plan, based on the following:
PC RESO NO. 3967 -2-
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Land Use -The proposed use will assist law enforcement activities by
providing a use specializing in the temporary storage of seized vehicles. This
use is allowed via CUP approval in any zone in the City except residential.
Circulation -The Avenida Encinas public street system serving the use is
adequate to handle all traffic expected to be generated by the use; and the
use will not conflict with existing or future potential on-site internal
circulation patterns.
The project is consistent with the City-Wide Facilities and Improvements Plan, the
applicable local facilities management plan and all City public facility policies and
ordinances since:
a.
b.
The project has been conditioned to ensure the building permits will not be issued
for the project unless the District Engineer determines that sewer service is
available, and building cannot occur -within the project unless sewer service
remains available, and the District Engineer is satisfied that the requirements of
the Public Facilities Element of the General Plan have been met insofar as they
apply to sewer service for this project.
All necessary public improvements have been provided or are required as
conditions of approval.
The project has been conditioned to pay any increase in public facility fee or new
construction tax or development fees, and has agreed to abide b'.Y' any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project.
This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 3.
Conditions:
Planning:
1. The Planning Commission does hereby approve the Conditional Use Permit for. the
seized vehicle storage and impounding project entitled "Contract Services". (Exhibits
·"A" -"D" on file in the Planning Department and incorporated by this reference, dated
August 7, 1996), subject to the conditions herein set forth. Staff is authorized and
directed to make or require the Developer to make all corrections· and modifications to the
Conditional Use Permit documents, as necessary to make them internally consistent and
conform to the Planning Commission's final action on the project. Development shall
occur substantially as shown on the approved exhibits. Any proposed development
, substantially different from this approval, shall require an amendment to this approval.
PC RESO NO. 3967
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The Developer shall comply with all applicable provisions of federal, state and local
ordinances in effect at the time of building permit issuance.
The Developer shall provide the City with a reproducible 24" x 36", mylar copy of the
site plan as approved by the final decision making body. The site plan shall reflect the
conditions of approval by the City. The plan copy shall be submitted to the City
Engineer and approved prior to building, grading, final map or improvement plan
submittal, whichever occurs first.
The Developer shall include, as part of the plans submitted for any permit plan check, a
reduced legible version of the approving resolution on a 24" x 36" blueline drawing.
Said blueline drawing(s) shall also include a copy of any applicable Coastal Development
Permit and signed approved site plan.
Building permits will not be issued for development of the subject property unless the
District Engineer determines that sewer facilities are available at the time of application
for such sewer permits and will continue to be available until time of occupancy.
The Developer shall pay the public facilities fee adopted by the City Council on July 28,
1987, (amended July 2, 1991) and as amended from time to time, and any development
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal
Code or other ordinance adopted to implement a growth management system or Facilities
and Improvement Plan and to fulfill the subdivider's agreement to pay the public
facilities fee dated May 1, 1996, a copy of which is on file with the City Clerk and is
incorporated by this reference. If the fees are not paid, this application will not be
consistent with the General Plan and approval for this project will be void.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 3 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
This Conditional Use Permit is granted for a period of 5 years, or from August 7, 1996
to August 7, 2001. 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 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 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 substantial negative effects. 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 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 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 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
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effects. There is no limit to the number of extensions the Planning Commission may
grant.
9. The Developer shall report, in writing, to the Planning Director within 30 days, any
address change from that which is shown on the conditional use permit application.
10. Prior to the issuance of the Certificate of Occupancy and Business License, Developer
shall submit to the City a Notice 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 City of Carlsbad has issued a Conditional Use
Permit by Resolution No. 3967 on the real property owned by the Developer. 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 conditions or
restrictions specified for inclusion in the Notice of Restriction. The Planning Director has
the authority to execute and re.cord an amendment to the notice which modifies or
terminates said notice upon a showing of good cause by the Developer or successor in
interest.
11. The Developer shall prepare a detailed landscape and irrigation plan in conformance with
the approved Preliminary Landscape Plan and the City's Landscape Manual. The plans
shall be submitted to and approval obtained from the Planning Director prior to the
approval of the final map, grading permit or building perinit, whichever occurs first. The
Developer shall construct and install all landscaping as shown on the approved plans, and
maintain all landscaping in a healthy and thriving condition, free from weeds, trash and
debris.
12. Building identification and/or addresses shall be placed on all new and existing buildings
so as to be plainly visible from the street or access road; color of identification and/or
addresses shall contrast to their background color.
13. Prior to the approval of the Certificate of Occupancy and Business License, the
Developer shall receive approval of a Coastal Development Permit issued by the
California Coastal Commission that substantially conforms to this approval. A signed
copy of the Coastal Development Permit must be submitted to the Planning Director. If
the approval is substantially different, an amendment to CUP 96-08 shall be required.
14. Signage shall be limited to the office component of the proposed use; no signage
shall be proposed or erected with regards to the storage or impounding of seized
vehicles on-site.
15. The storage of any single vehicle on the property is limited to 45 days, except that
vehicles being held for evidence in a homicide case may be stored up to 90 days
under police authority.
16. No outside storage, other than the temporary storage/impound of vehicles expressly
permitted under this permit, shall be allowed on the property.
17. All fencing and landscaping shall adequately screen the vehicle storage use to the
satisfaction of the Planning Director at all times and shall be subject to monitoring
and standard annual CUP reviews for adequacy.
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18. The applicant shall not engage in any retail auto towing or recycling business on the
subject site. No cleaning or repairs of stored vehicles shall be permitted on the site.
In general, vehicles will be in an operable condition and not considered scrap.
19. The outdoor vehicle storage portion of the site is limited to a maximum of 100
vehicles. This area is subject to monitoring and standard CUP annual reviews by
the Fire Department to ensure maintenance of required fire lanes and general
safety. Indoor storage of vehicles is only allowed via the approval of a tenant
improvement building permit as described in Building Condition No. 39.
20. The applicant is limited to the temporary storage of not more than 2 wrecked
vehicles on this site at any one time.
21. Should Contract Services discontinue use of this site, the site shall be cleared of all
vehicles and all materials and supplies associated with the business to the
satisfaction of the Planning Director.
22. All vehicles including large hauler trucks shall be parked in a safe and lawful
manner. No loading or unloading of vehicles shall be permitted in the public street.
Public travel lanes shall not be blocked while parking vehicles unless a traffic
control plan has been approved and a right-of-way permit has been issued.
23. Upon discontinuing the operations permitted by this Conditional Use Permit, the
applicant shall test the site and soils for contamination with hazardous materials
and if contamination is found, restore the site as may be required by the property
owners and the County Health Authorities using approved methods standard to the
industry of hazardous waste disposal.
24. Prior to the issuance of a Certificate of Occupancy and Business License, the
applicant shall submit a soils test/contamination report to the satisfaction of the
Planning Director and City Engineer for this use's former location at 2175 Camino
Vida Roble. This will ensure compliance with Condition No. 26 of Planning
Commission Resolution No. 3689 approved for CUP 154(B).
25. Prior to the issuance of a Certificate of Occupancy and Business License, Planning,
Engineering and Fire Department staff shall perform an on-site inspection to ensure
that development and operation of the proposed use on-site is in conformance with
all approved exhibits and applicable conditions of approval.
26. Failure by the applicant to secure City approval of a Certificate of Occupancy _and
Business License for this use by December 9, 1996 will result in the termination of
the use on-site, and CUP 96-08 will no longer be valid and in effect. The four month
time frame is intended to allow for full compliance with all applicable conditions of
approval and project exhibits.
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Engineering:
Unless specifically stated in the condition, all of the following Engineering conditions, upon the
approval of this proposed Conditional Use Permit, must be met prior to approval of occupancy.
27.
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Fire:
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32.
The Developer shall comply with the City's requirements of the National Pollutant
Discharge Elimination System (NPDES) permit. The Developer shall provide best
management practices as referenced in the "California Storm Water Best Management
Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge
to sensitive areas. Plans for such improvements shall be approved by the City Engineer.
Said plans shall include but not be limited to:
Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, anti-freeze,
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.
Best Management Practices shall be used to eliminate or reduce surface pollutants when
planning any changes to the landscaping and surface improvements.
Pre-treatment of the sanitary sewer discharge from this project may be required. In
addition to the requirements for a sewer connection permit, the applicant shall conform to
the requirements of Chapter 13.16 of the Carlsbad Municipal Code.
Prior to the issuance of building permits, complete building plans shall be approved by
the Fire Department.
Prior to final inspection, all security gate systems controlling vehicular access shall be
equipped with a "Knox", key-operating emergency entry device. Applicant shall contact
the Fire Prevention Bureau for specifications and approvals prior to installation.
Plans and/or specifications for fire alarm systems, fire hydrants, automatic fire sprinkler
systems and other fire protection systems shall be submitted to the Fire Department for
approval prior to construction.
On-site fire lanes shall be maintained at all times to the satisfaction of the Fire
Marshal.
Water:
33. All irrigation plans are to be submitted to the City's Landscape Consultant with the
standard landscape plan check submitted to the Engineering Department.
34. , The entire potable water system, reclaimed water system and se\ver system shall be
evaluated in detail to insure that adequate capacity, pressure and flow demands can be
met.
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The Developer shall be responsible for all fees, deposits and charges which will be
collected before and/or at the time of issuance of the building permit. The San Diego
County Water Authority capacity charge will be collected at issuance of application for
meter installation.
Sequentially, the Developer's Engineer shall do the following:
A.
B.
C.
Meet with the City Fire Marshal and establish the fire protection requirements.
Also obtain G.P.M. demand for domestic and irrigational needs from appropriate
parties.
Prepare a colored reclaimed water use area map and submit it to the Planning
Department for processing and approval.
' Prior to the preparation of sewer, water and reclaimed water improvement plans, a
meeting must be scheduled with the District Engineer for review, comment and
approval of the preliminary system layouts and usages, i.e. GPM -EDU.
This project is approved upon the expressed condition that building permits will not be
issued for development of the subject property unless the water district serving the
development determines that adequate water service and sewer facilities are available at
the time of application for such water service and sewer permits will continue to be
available until time of occupancy. This note shall be placed on the final map.
Building:
38. Storage of or parking of vehicles inside the structure are not allowed unless the
storage area is modified to meet 1994 UBC reqtiirements for a "S-3" occupancy. A
tenant improvement building permit will be required for this.
General
39. If any of the foregoing conditions fail to occur; or if they are, by their terms, to be
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
future building permits; deny, revoke or further institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City's approval of
this Conditional Use Permit.
Code Reminders:
Fees:
40. The Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
PC RESO NO. 3967 . -8-
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41. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
42. All landscape and irrigation plans shall be prepared to conform with the Landscape
Manual and submitted per the landscape plan check procedures on file in the Planning
Department.
43. Any signs proposed for this development shall at a minimum be designed in conformance
with the City's Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 7th day of August I 996, by the
following vote, to wit:
A YES: Chairperson Compas, Commissioners Heineman, Monroy, Nielsen,
Noble, Savary and Welshons
NOES: None
ABSENT: None
ABSTAIN: None
WILLIAM COMP AS, chairpson
CARLSBAD PLANNING COMMISSION
ATTEST:
1/YkR ' '
MICHAEL~
Planning Director
PC RESO NO. 3967 -9-
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PLANNING COMMISSION RESOLUTION NO. 5002
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A FIVE
YEAR EXTENSION OF A CONDITIONAL USE PERMIT TO
CONTINUE THE OPERATION OF A VEHICLE TOWING AND
IMPOUNDMENT SERVICE ON PROPERTY LOCATED AT
6050 AVENDIA ENCINAS IN LOCAL FACILITIES
MANAGEMENT ZONE 3.
CASE NAME: CONTRACT SERVICES/RANCHO DEL ORO
TOWING
CASE NO.: CUP 96-08Xl
WHEREAS, Contract Services/Rancho Del Oro Towiug, "Developer," has
filed a verified application with the City of Carlsbad regarding property owned by Mark &
Deborah Chapparone, "Owner," described as
Parcel 3 of Parcel Map No. 6693 as recorded on December 23,
1997 in the County of San Diego, California. File No. 77-
531486.
("the Property"); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Extension as shown on Exhibits "A" -"D" dated August 7, 1996, on file in the Carlsbad
Planning Department CONTRACT SERVICES/RANCHO DEL ORO TOWING -CUP 96-
08, as provided by the conditions of approval of CUP 96-08 and Chapter 21.42 and/or 21.50 of
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, op. the 20th day of June 2001, hold a
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the CUP Extension.
WHEREAS, on August 7, 1996, the Planning Commission approved CUP 96-08
as described and conditioned in Planning Commission Resolution No. 3967.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Planning
Commission APPROVES CONTRACT SERVICES/RANCHO DEL ORO
TOWING -CUP 96-0SXl based on the following findings and subject to the
following conditions:
Findings:
1. The adopted findings for CUP 96-08 which are contained in Planning· Commission
Resolution No. 3967 apply to this extension.
Conditions:
1.
2.
3.
4.
If any of the following conditions fail to occur; or if they are, by their terms, to be
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
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted;· institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City's approval of
this Conditional Use Permit.
All conditions of approval imposed upon Conditional Use Permit CUP 96-08 as stated in
Planning Commission Resolution No. 3967 shall apply as conditions of approval for CUP
9608xl except Condition No. 8 which is replaced by Condition No. 4 below.
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
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
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
substantial negative effects.
This Conditional Use Permit is granted for a period of 5 years from August 7, 2001
through August 7, 2006. 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
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 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 land uses or the public's health
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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.
NOTICE
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
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
annul their imposition.
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
expired.
PC RESO NO. 5002 -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 the 20th day of June 2001 by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Segall, Commissioners Baker, Heineman, Nielsen,
and Trigas
Commissioners Compas and L'Heureux
JEFPR13N. SEGALL, ~~
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RESO NO. 5002 -4-
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PLANNING COMMISSION RESOLUTION NO. 6026
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING AN
AMENDMENT AND FIVE YEAR EXTENSION OF A
CONDITIONAL USE PERMIT 96-08Xl ON PROPERTY
LOCATED AT 6050 AVENIDA ENCINAS IN THE MELLO II
SEGMENT OF THE LOCAL COAST AL PROGRAM AND IN
LOCAL FACILITIES MANAGEMENT ZONE 3.
CASE NAME: CONTRACT SERVICES
CASE NO.: CUP 96-08xl(A)
WHEREAS, Simon Terry-Lloyd, "Developer," has filed a verified application
with the City of Carlsbad regarding property owned by Mark and Deborah Chapparone,
"Owner," described as
Parcel 3 of Parcel Map 6693, in the City of Carlsbad, County
of San Diego, State of California, filed in the Office of the
County Recorder of San Diego, December 23, 1997 as file
number 77-531486
("the Property"); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Perm_it Amendment and Extension as shown on Exhibits "A" -"D" dated August 7, 1996, on
file in the Planning Department CONTRACT SERVICES -CUP 96-0Sxl(A), as provided by
the conditions of approval of CUP 96-08 and Chapter 21.42 and/or 21.50 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on the 1st day of March 2006, hold a
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the CUP Amendment and Extension; and
WHEREAS, on August 7, 1996, the Planning Commission approved CUP 96-08
as described and conditioned in Planning Commission Resolution No. 3967; and
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WHEREAS, on June 20, 2001, the Planning Commission approved CUP 96-
0Sxl as described and conditioned in Planning Commission Resolution No. 5002.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Planning
Commission APPROVES CONTRACT SERVICES -CUP 96-0Sxl(A) based
on the following findings and subject to the following conditions:
Findings:
1. The adopted findings for CUP 96-0Sxl which are contained in Planning Commission'.
Resolution No. 5002 apply to this amendment and extension and are incorporated by this
reference.
Conditions:
1.
2.
3.
If any of the following conditions fail to occur; or if they are, by their terms, to be
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
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
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
or a successor in interest by the City's approval of this Conditional Use Permit.
All.conditions of approval imposed upon Conditional Use Permit CUP 96-0Sxl as stated
in Planning Commission Resolution No. 5002 shall apply as conditions of approval for
CUP 96-08xl(A) and are incorporated by this reference except Condition No. 4 which is
replaced by Condition No. 5 below.
All conditions of approval imposed upon Conditional Use Permit CUP 96-08 as stated in
Planning Commission Resolution No. 3967 shall apply as conditions of approval for CUP
96-08xl(A) and are incorporated by this reference except Condition No. 18 which is
replaced by Condition No. 6 below and Condition No. 20 which is replaced by Condition
No. 7 below.
4. . 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 ~hat the use does not have .
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
Planning Director shall recommend that the Planning Commission, after providing the
PC RESO NO. 6026 -2-
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5.
6.
7.
8.
9.
permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
substantial negative effects.
This Conditional Use Permit is granted for a period of 5 years from March 1, 2006
through February 28, 2011. 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 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 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 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.
The applicant shall limit the storage of vehicles related to retail auto towing to ~0
vehicles. No recycling, repairing or cleaning of stored vehicles shall be permitted on
the site. In general, vehicles will be in an operable condition and not considered
scrap.
The applicant is limited to the temporary storage of not more than 10 (ten) wrecked
vehicles on this site at any one time.
Pursuant to the City of Carlsbad Standard Urban Stormwater Management Plan
(SUSMP), this project is required to capture and reduce pollutants to the maximum
extent practicable. Within one month of the date of the extension of this
Conditional Use Permit, Developer shall formally submit and receive final approval
from the City of Carlsbad Engineering Department of the Storm Water
Management Plan (SWMP) that accompanied this application.
Within 6 months of the date of the extension of this Conditional Use Permit,
Developer shall have constructed the BMP measures necessary to capture and filter
the anticipated pollutants of concern associated with the Project in accordance with
the City-approved SWMP and the latest California National Pollution Discharge
Elimination System (NPDES) permit requirements. Developer shall provide
evidence of completion to the satisfaction of the City Engineer.
PC RESO NO. 6026 -3-
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NOTICE
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
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
annul their imposition.
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
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 1st day of March 2006 by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PL
ATTEST:
SL 21«
DONNEU
Assistant Planning Director
PC RESO NO. 6026
Commissioners Balcer, Cardosa, Heineman, and Whitton
Chairperson Montgomery and Commissioner Dominguez
Commissioner Segall
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