HomeMy WebLinkAboutCUP 2017-0009; ECO-FRIENDLY AUTO SPA - 1ST EXTENSION; Admin Decision LetterOctober 19, 2020
James Gartner
2036 N. Broadway
Santa Ana, CA 92706
Ccityof
Carlsbad
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SUBJECT: CUP 2017-0009 (DEV2017-0010}-ECO-FRIENDLY AUTO SPA-lST EXTENSION
The Planning Division has completed its review of your application for the first extension of Conditional
Use Permit CUP 2017-0009-ECO-FRIENDLY AUTO SPA, submitted on October 6, 2020. The Conditional
Use Permit, which allows for (1) the demolition of an existing vacant building and parking lot, and (2)
the development of the site with a new car wash use at 6010 Avenida Encinas, was approved on
December 5, 2018, and was due to expire on December 5, 2020.
After careful consideration of the circumstances surrounding this request, it has been determined that (1)
the first extension of Conditional Use Permit CUP .2017-0009 -ECO-FRIENDLY AUTO SPA was submitted
in a timely manner prior to the expiration date, and (2) that the findings required for granting a
Conditional Use Permit extension can be made; therefore, the City Planner APPROVES the first extension
of Conditional Use Permit CUP 2017-0009-ECO-FRIENDLY AUTO SPA for two (2) years from December
5, 2020, to December 5, 2022, based on the following findings and conditions.
Findings:
1. All the findings contained in Planning Commission Resolution No. 7316 dated December 5, 2018 for
CUP 2017-0009, apply to this extension and are incorporated herein by reference and remain in effect.
2. That the first extension of CUP 2017-0009 remains consistent with the General Plan, all titles of the
Carlsbad Municipal Code and growth management program policies and standards in place at this
time.
3. That all related permits or approvals (CDP 2017-0049) issued pursuant to Title 21 have been extended
to expire concurrently with CUP 2017-0009.
4. That the City Planner has determined that the project belongs to a class of projects that the State
Secretary for Resources has found do not have a significant impact on the environment, and it is
therefore categorically exempt from the requirement for the preparation of environmental
documents pursuant to Infill Development Projects -Section 15332 of the state CEQA Guidelines. In
making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of
the state CEQA Guidelines do not apply to this project.
Community Development Department ·
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov
CUP 2017-0009 (DEV2017-0010)-ECO-FRIENDLY AUTO SPA
October 19, 2020
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Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading
permit or building permit, whichever occurs first.
1. 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
Extension.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Conditional Use Permit Extension documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development shall
occur substantially as shown on the approved Exhibits. Any proposed development, different
from this approval, shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged,
this approval shall be suspended as provided in Government Code Section 66020. If any such
condition is determined to be invalid, this approval shall be invalid unless the City Council
determines that the project without the condition complies with all requirements of law.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly,
from (a) City's approval and issuance of this Conditional Use Permit Extension, (b) City's approval
or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with
the use contemplated herein, and (c) Developer/Operator's installation and operation of the
facility permitted hereby, including without limitation, any and all liabilities arising from the
emission by the facility of electromagnetic fields or other energy waves or emissions. This
obligation survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
6. This first extension of Conditional Use Permit CUP 2017-0009 is granted from i>ecember S, 2020,
to December 5, 2022. If building permits for this project are not obtained within this time period,
the Conditional Use Permit will expire on December 5, 2022, unless extended per Sections
21.58.040 and 21.201.210 of the Carlsbad Municipal Code.
CUP 2017-0009 (DEV2017-0010)-ECO-FRIENDLY AUTO SPA
October 19, 2020
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7. All of the conditions contained in Planning Commission Resolution No. 7316 apply to this first
extension and are incorporated herein by reference and remain in effect except for Condition
No. 8, which is superseded by Condition No. 6 of this approval letter.
CITY OF CARLSBAD
TERI DELCAMP
Principal Planner
TD:JG:cf
c: David Rick, Project Engineer
Don Neu, City Planner
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