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Home My WebLink About2000-05-16; City Council; Resolution 2000-1540 0 1 2 3 4 5 6 7 8 9 10 11 Sm mug kz05 an8 ?:$2 $044 >iF ""8 I! OnL I ai zwa" <>mu 0Z-l - ""50 p$ a> E:? 40-1 G" 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2000-1 54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM, CONDITIONAL USE PERMIT, AND COASTAL DEVELOPMENT PERMIT TO ALLOW A SERVICE STATION, CAR WASH, AND FOOD MART ON PROPERTY GENERALLY LOCATED AT THE NORTHEAST SIDE OF AVENIDA ENCINAS, SOUTH OF POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 9. CASE NAME: CHEVRON POINSETTIA VILLAGE CASE NO: CUP 99-15/CDP 99-35 The City Council of the City of Carlsbad, California, does hereby resol! as follows: WHEREAS, on March 15,2000, the Carlsbad Planning Commission h a duly noticed public hearing to consider a proposed Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Site Development Plan Amendmf Conditional Use Permit, and Coastal Development Permit to allow for the developmt of a 12-pump gas station, car wash, and food mart, and adopted Planning Commiss Resolution No. 4738 approving the Site Development Plan Amendment and Resolul Nos. 4737,4739, and 4740 recommending to the City Council that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Conditional Use Permit, and Coastal Development Permit be approved; and WHEREAS, the City Council of the City of Carlsbad, on May 2,2000 hc a duly noticed public hearing to consider the recommendations and heard all person interested in or opposed to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Conditional Use Permit, and Coastal Developme Permit, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City Carlsbad, California, as follows: Resolution No. 2000-1 54 Page 1 of 4 0 0 1 2 3 4 5 6 7 8 9 10 11 2a ~wS &EW <no0 OU2 iL, ?>iZ aoaa atS[r OOOB $;si zLLlv)< OZJO KITED koa 052 p5 a> QOJ GO 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. That the above recitations are true and correct. 2. That the recommendation of the Planning Commission for the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Repol Program, Conditional Use Permit 99-1 5, and Coastal Development Permit 99-35 is approved, and that the findings and conditions of the Planning Commission contain1 in Planning Commission Resolution Nos. 4737, 4739 and 4740, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the C Council with the following added conditions: A. Interior noise as identified in the noise report submitted in support of the application and on file in the Planning Department shall not exceed 4 dB. The developer shall submit a noise analysis indicating compliance with this condition concurrent with the first annual review of the conditional use permit for thi: site. Additional noise mitigation measures may be required if the annual review indicates they are necessary or appropriate. The exact additional mitigation measul shall be determined at a public hearing by the City Council following recommendatic by the Planning Commission. B. The developer shall submit and obtain Planning Director approval of a landscape plan, which will include landscaping in addition to that shov on the preliminary landscape plan and in conformance of the City’s Landscape Man Additional landscaping shall be placed adjacent to the car wash and sound wall, as appropriate, in order to screen the appearance of the wall and to further mitigate no impacts. The developer shall submit and obtain Planning Director approval of this fi landscape plan. C. This site shall not be the subject of any future proposal for tt retail sale of alcoholic beverages and the applicant hereby waives his right to make such application. D. No auto detailing or any other kind of manual or hand cleani operation or any kind of work or services requiring the continual presence of employ at the car wash shall be permitted. The maximum hours of operation for the car wa: shall be from 9:00 a.m. until 500 p.m. daily, including weekends. E. The traffic circulation plan for this site shall incorporate measures to ensure vehicular movement flow in and out of the gas station site via direction signs and striping. The revised plan shall be approved by the City Engine€ F. The developer shall install a pedestrian sidewalk along the northern edge of the shopping center entrance to provide access to pedestrians frot-r Resolution No. 2000-1 54 Page 2 of 4 II 0 0 1 4 3 required landscaping to the satisfaction of the City Engineer. The sidewalk shall be constructed so as to reduce or minimize its impacts on any 2 facilitate pedestrian access across the drive aisle at the entrance to the gas station. the public street to the shopping center. Cross walks and landings shall be installec 3. This action is final the date this resolution is adopted by the City 5 )I Council. The provision of Chapter 1 .I 6 of the Carlsbad Municipal Code, "Time Limits 6 7 8 Judicial Review" shall apply: "NOTICE TO APPLICANT'' 9 10 11 om YI iU, ow2 Swz %E$ SE55 utfg 9 "OIL I 4- a>rn;iJ OZJO ncqo 00s Law czq 0" zwrn 401 - 12 13 14 15 16 17 18 19 "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 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 Carlsbad Village Drive, Carlsbad, California 92008." 20 EFFECTIVE DATE: This resolution shall be effective upon its adoptior 21 27 26 25 24 23 following its adoption. 22 except as to the General Plan Amendment, which shall be effective thirty (30) days 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Cit Council of the City of Carlsbad held on the 16th day of May Resolution No. 2000-1 54 Page 3 of 4 a 1 2000 by the following vote, to wit: 2 3 4 5 6 7 8 9 10 11 sm mu? Yr KC& a08 dLU oLLI2 ~oaq >iZ oo,L? etgK 2;s: ZwmQ OZJO [TccCg p; QOJ 60 >(uq 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 AYES: Council Members Hall, Finnila and Nygaard NOES: Council Members Lewis and Kulchin ABSEN T: None /' /"I Attest: / /&L%&+@& WINE M. WOOD, Mty Clerk BY: Janice Breitenfeld Deputy City Clerk Resolution No. 2000-1 54 Page 4 of 4 ll