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Home My WebLink About1998-06-16; City Council; Resolution 98-186T om Q-J>- 3Ul% &zcb JUU% an8 $034 kksg 9 0olL I qi 2x3 ““50 E:$ cy5 JUU >JZ OZJ ~ <:oJ - 00 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 RESOLUTION NO. 98-186 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA GRANTING APPELLANT’S APPEAL, IN PART, TO ADD FURTHER CONDITIONS TO THE CONDITIONAL USE PERMIT AND TO DENY ALL OTHER RELIEF AND EXTEND THE TENTATIVE MAP AND RELATED PERMITS FOR TIENDA DE LA ESQUINA. APPLICANT: TIENDA DE LA ESQUINA CASE NO. CT 9 1-06x2 WHEREAS, a verified application for a tentative map for certain property wit: Parcel 1 of Map Number 13970, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, September 25, I985 as filelpage No. 85-255261 of official records. has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, the Planning Commission did on June 5, 1991, after hear and considering all the evidence and testimony of all people desiring to be heard adop Resolution Nos. 3135, 3136, 3137 and 3138 approving Tentative Map CT 91-6, : Development Plan SDP 91-6, Conditional Use Permit CUP 91-4, and Planned 1 Development PUD 91 -3, respectively; and WHEREAS, the Planning Commission did on August 18, 1993, a hearing and considering all the evidence and testimony of all people desiring to be he adopted Resolution No. 3535 approving a one year extension of time for a tentative n and related planning permits; and WHEREAS, the Planning Commission did on January 21, 1998 hold a c noticed public hearing and considering all the evidence and testimony of all pec 1 ~ I I am SLu? ?2gm c2->g g1z a08 3UU ow2 $045 9 "nu r ai S&%a oz-lo [TKLfO 093 Loa aoa E?% 00 - 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 0 0 desiring to be heard regarding a tentative map extension, continued the hearing February 4,1998; and WHEREAS, the Planning Commission did on February 4, 1998, hold a d duly noticed public hearing and considering all the evidence and testimony of all peoi desiring to be heard regarding a tentative map extension, continued the meeting to Mal 4,1998; and WHEREAS, the Planning Commission did on March 4, 1998 hold a d noticed public hearing as prescribed by law to consider said application for a three yc extension of time for a tentative map and related planning permits; and WHEREAS, the Planning Commission did on March 4, 1998, after hear and considering all the evidence and testimony of all people desiring to be heard adopi Resolution No. 4217 approving a three year extension of time for a tentative map E related planning permits; and WHEREAS, the appellant timely appealed the decision of the Plann Commission on March 16, 1998; and WHEREAS, on May 12, 1998, the City Council of the City of Carlsbad h a duly noticed public hearing as prescribed by law to consider said appeal and at wh time the Council continued the public hearing to June 2, 1998; and WHEREAS, on June 2, 1998, the City Council of the City of Carlsbad he1 duly noticed public hearing as prescribed by law to consider said appeal and at s public hearing after consideration of all the evidence, testimony, arguments of thc persons present and desiring to be heard, the City Council granted the appeal in part add further conditions to the Conditional Use Permit and to deny all other relief i 2 I 1 2 3 4 5 6 7 8 9 10 11 12 00, SuJz &zm 13 $055 14 c->g cr= m> 408 ow2 iU, 000k 15 2;Sz ZWUY zi$zz- 16 002 Low 40-1 c2z 17 GO ~ 18 19 20 21 22 23 24 25 26 27 28 0 0 extend the Tentative Map and related permits and otherwise approved the project modified, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City Carlsbad, California, as follows: 1. That the foregoing recitations are true and correct. 2. The Council finds that a service station as conditioned herein desirable for the development of the community and is in essential harmony with 1 various elements and objectives of the General Plan and is not detrimental to exist uses or to uses specifically permitted in the La Costa Master Plan. However, the Cour further finds that a convenience store with or without alcohol sales as part of the serv station is not in essential harmony with the neighborhood and with various elements a objectives of the General Plan and is detrimental to existing uses and to uses specific: permitted in the.La Costa Master Plan. 3. That the site for the proposed service station is well located at a mz street intersection and is adequate in size and shape to accommodate that use provic that appropriate conditions for circulation are imposed including the construction E operation of a traffic signal at the intersection of Camino de Los Coches and C; Timeteo prior to or concurrent with the exercise of any use in the site development plan 4. That all of the yards, setbacks, walls, landscaping, and other featu necessary to adjust the requested use to existing or permitted future uses in neighborhood will be provided and maintained. 5. That the street system serving the proposed use is adequate to propt handle all traffic generated by the proposed use, but that applicant must ob1 3 ma m> $E& <:08 Ow% 5UU $055 OIcsg 9 OOLL I ai SLEa OZ-IO ““40 CY$ “5 >-I2 F:$ a0-I 00 - 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 I 28 e 0 permission from the City Council for the proposed deceleration lane on Rancho Santa Road. 6. That the use is properly buffered by grade separation from adjacc existing and future uses. 7. That a 24-hour operation of a service station would be in conflict with 1 suburban residential character of the surrounding neighborhood and that a reduction the hours of operations is appropriate to mitigate its impacts and to allow it to exist harmony with the neighborhood and with other applicable elements and objectives of. General Plan. 8. That except as modified herein, the decision of the Planning Commiss approving the three year extension of time is affirmed, and the findings and conditions Planning Commission Resolution Nos. 3135, 3136, 3137, 3138 and 4217, on file with 1 City Clerk and made a part hereof, constitute the findings and decision of the C Council. 9. That appellant’s appeal fees are refunded. 18. That this action is not final unless and until applicant applies to the ( Council for the relief specified in Condition No. 66 of Planning Commission Resolul No. 3135 in pertinent part: “. ..the developer shall pay for and submit an application the quitclaiming back of a portion of the access rights of Rancho Santa Fe Road for i driveway. Prior to final map approval the issue of quitclaiming back of this portion of access rights is to be heard and decided by the City Council. Should Council not apprc Ill Ill I 4 I I 0 am mu? Yr ow2 ALL, %g$ syw ..;E 2;sz OOLL zwcn OZJO am20 00s Koa CC% 50 QOJ 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 0 0 the quitclaim, then the project cannot be developed unless the project is redesigned a the tentative mapkite plan is amended back through the Planning Commission.” PASSED, APPROVED AND ADOPTED at a Regular Meeting of the C Council of the City of Carlsbad on the 16 day of June 1998, by 1 following vote, to wit: AYES: Council Members Finnila, Nygaard & Hall NOES: Council Members Lewis & Kulchin ABSENT: None ATTEST: ‘Iz /” 4) ’ :Q /- t A~~~~ENK~~~zzT~ . JW’ (SEAL) 5 I