HomeMy WebLinkAbout1986-10-07; City Council; Resolution 8829*. - .*
RESOLUTION NO. 8829
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA DENYING THE APPEAL AND UPHOLDING
THE PLANNING COMMISSION'S DENIAL OF A CONDITIONAL
USE PERMIT CUP-286 FOR AN ADDITION OF A MINI-MART
TO EXISTING SERVICE STATION.
APPLICANT : TEXACO
CASE- NO; : CUP-- 286
WHEREAS, a verified application for a conditional use
permit for certain property to wit:
A portion of Tract 237 of Thum Lands, in the County of
San Diego, according to Map thereof No. 1681,
has been filed with the City of Carlsbad and referred. to the
Planning Commission; and
WHEREAS, said verified application constitutes a
request as provided by Title 21 of the Carlsbad Municipal Code:
and
WHEREAS, the Planning Commission did on the 13th day of
August, 1986 hold a duly noticed public hearing as prescribed by
law to consider said request: and
WHEREAS, the Planning Commission did on August 13,
1986 after said public hearing, deny the request for a
conditional use permit; and
WHEREAS, the Planning Director has determined that this
project will not cause any significant environmental impacts and
therefore, issued a Negative Declaration, dated May 10, 1986
which was approved by the Planning Comission on August 13, 1986
in satisfaction of the requirements of the Carlsbad Environmenta
Protection Ordinance and the California Environmental Quality
Act; and
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WHEREAS, the applicant appealed the decision of the
Planning Commission to the City Council; and
WHEREAS, on September 23, 1986 the City Council of the
City of Carlsbad held a duly noticed public hearing as prescribec
by law to consider said appeal and at said hearing after
consideration of all the evidence, testimony, argument of those
persons present and desiring to be heard the City Council
determined to deny the appeal.
NOMJ, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad as follows:
A. That the foregoing recitations are true and correct
B. That based on the evidence presented at the public
hearing the City Council denies the applicant's appeal and
upholds the Planning Commision's decision to deny Conditional Us(
Permit CUP-286, based on the findings as shown in Planning
Commission Resolution No. 2575 attached hereto as Exhibit A and
made a part hereof.
C. This action of denial 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 becomes
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
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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 request for the preparation of the record of
the proceedings shall be filed with the City Clerk,
City of Carlsbad, 1200 Elm Avenue, Carlsbad, California
92008. "
PASSED, APPROVED AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California, held on
the 7th day of October , 1986 by the following
vote, to wit:
AYES: Council Members Casler, Lewis, Chick and Pettine
NOES: None
ABSENT: None
ATTEST :
%. d L, MARY H.flCASLER, Mayor
k 4.R- ALETHA L. RAUTENKRANZ, City aerk
, ..
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A
PLANNING COMMISSION RESOLUTION NO. 2575
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ALLOW AN ADDITION TO AN EXISTING SERVICE STATION OF A
CONVENIENCE STORE ON PROPERTY GENERALLY LOCATED AT 945
TAMARACK AVENUE.
APPLICANT: TEXACO
CASE NO: CUP-286
WHEREAS, a verified application has been filed with the
CARLSBAD, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT TO
ity of Carlsbad and referred to the Planning Commission: and
WHEREAS, said verified application constitutes a request-
s provided by Title 21 of the Carlsbad Municipal Code: and
WHEREAS, pursuant to the provisions of the Municipal Code,
he Planning Commission did, on the 13th day of August, 1986, hold
duly noticed public hearing to consider said application on
roperty described as:
A portion of Tract 237 of Thum Lands, in the County of
San Diego, according to Map thereof No. 1681,
WHEREAS, at said hearing, upon hearing and considering all
.estimony and arguments, if any, of all persons desiring to be
,eard, said Commission considered all factors relating to CUP-286.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
:ommission of the City of Carlsbad as follows:
AI That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the
Commission DENIES CUP-286, based on the following findings
and subject to the following conditions:
'indings:
I) The proposed use would increase traffic and compound existing
problems at the intersection of Tamarack Avenue and Pi0 Pico,
!I There are presently enough retail commercial facilities I
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located at this intersection to adequately service the area.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
?lanning Commission of the City of Carlsbad, California, held on
:he 13th day of August, 1986, by the following vote, to wit:
AYES: Chairman Schlehuber, Commissioners: McBane,
NOES: Commissioner Hall.
Marcus, McFadden, Schramm & Holmes.
ABSENT: None-
ABSTAIN: None-
CLARENCE SCHLEHUBER, Chairman
CARLSBAD PLANNING COMMISSION
,TTEST:
LANNING DIRECTOR 0 *
C RES0 NO. 2575 -2-
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