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HomeMy WebLinkAbout1994-09-20; City Council; Resolution 94-2701 2 3 4 5 6 7 a 9 10 11 90, mu? &E& a08 Ow% 3055 dU, 9 “ou 8 a- s&g< OZJO ““50 60 >zz a> u->g ZdZ E:? a01 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 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 permit to construct a temporary storage and impound of vehi facility on property located at 2175 Camino Vida Roble descr 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 Planning Commission; and WHEREAS, the Planning Commission did on June 15, 1 July 6, 1994 and July 20, 1994 hold duly noticed public hearing prescribed by law to consider said application for Conditional Permit CUP 154-B; and WHEREAS, the Planning Commission did on July 20, after hearing and considering all the evidence and testimony of people desiring to be heard adopt Resolutions No. 3665 and approving the Negative Declaration and Conditional Use Permit 154-B; and WHEREAS, appeals of this approval was timely file July 28, 1994; and WHEREAS, on September 13, 1994, the City Council of City of Carlsbad held a duly noticed public hearing as prescr by law to consider said appeal and at said hearing a I 1 2 3 4 5 6 7 8 9 10 11 001 Y2 ma& a08 ow2 dUU $055 (ftya: goo2 u;Sz zwmo 02" - Swg >-I2 m[TsQ E:: aod 60 >'% 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 l e 0 consideration of all the evidence, testimony, and argument of t: persons present and desiring to be heard the City Council gra: in part and and denied in part the appeal of the Conditional Permit 154-B, NOW, THEREFORE, the City Council of the City of Carl resolves as follows: 1. That" the foregoing recitations are true and corr 2. That the appeal is granted in part and denied in as set forth below. 3. That Condition No. 19 of Planning Commis 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. I' 4. That Condition No. 20 of Planning Commis 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. II I ,. L I 1 2 3 4 5 6 7 8 9 10 11 ?a mu? &E& uo8 0lug iUC3 $045 d->o CdZ 9 0OLL I 4- S&$< OZJO KKZO 002 Lam pZ 00 a> U0-l - 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I 0 0 5. That Condition No. 22 of Planning Commis 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." 6. One-third of the applicants' appeal fees shal refunded. 7. This action is final the date this resolutiol adopted by the City Council. The provision of Chapter 1.16 of Carlsbad Municipal Code, "Time Limits for Judicial Review" s 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 1 I 3 I b om <o8 $Em JOLlJ: ~oaq aksg >iZ 9 OnL I ai SL%a OZJO m> SL@ duo KK%D FS <OJ >2% 60 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /I a e request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008.11 PASSED, APPROVED AND ADOPTED at a Regular Meeting of City Council of the City of Carlsbad on the 20th day of SEPTE 1994, by the following vote, to wit: lOTS: Council Members Lewis, Stanton, Kulchin, Nygaard, Fin NOES: None ABSENT : None ATTEST : AL%% ,$TE@Cmlerk 1 4