HomeMy WebLinkAbout1996-09-17; Housing & Redevelopment Commission; Resolution 282I h 1
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HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 282
A RESOLUTION OF THE HOUSING AND REDEVELOPMENT
COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA
APPROVING A MAJOR REDEVELOPMENT PERMIT (RP 96-03) AND
A COASTAL DEVELOPMENT PERMIT (CDP 95-05) TO ALLOW THE
CONTINUATION OF AN EXISTING GAS STATION WITH THE
THE CONSTRUCTION OF A NEW EXPRESS CAR WASH ON
PROPERTY LOCATED AT 880 CARLSBAD VILLAGE DRNE IN
SUBAREA 1 OF THE VILLAGE REDEVELOPMENT AREA.
CASE NAME: UNOCAL GAS STATION AND CAR WASH
DEMOLITION OF EXISTING WORK BAYS AND MINI-MART AND
APN. 203-354-16
CASE NO: RP 96-03/CDP 95-05
WHEREAS, on April 17, 1996 and August 7, 1996, the Carlsbad Design
Review Board held a duly noticed public hearing to consider a Major Redevelopment Permit
(RP 96-03) and Coastal Development Permit (CDP 95-05) for a continuation of an existing gas
station use and construction of a new commercial building to permit an Express Car Wash at
880 Carlsbad Village Drive and adopted Design Review Board Resolutions No. 249 and 250
recommending to the Housing and Redevelopment Commission that Major Redevelopment
Permit (RP 96-03) and Coastal Development Permit (CDP 95-05) be approved; and
WHEREAS, the Housing and Redevelopment Commission of the City of
Carlsbad, on the date of this resolution held a duly noticed public hearing to consider the
recommendations and heard all persons interested in or opposed to Major Redevelopment
Permit (RP 96-03) and Coastal Development Permit (CDP 95-05); and
WHEREAS, as a result of an environmental review of the subject project
conducted pursuant to the Guidelines for Implementation of the California Environmental
Quality Act and the Environmental Protection Ordinance of the City of Carlsbad, a Negative
Declaration was issued for the subject project by the Planning Department on June 12, 1996
and approved by Design Review Board Resolution No. 248 on August 7, 1996.
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HRC Resolution No.282
Page 2
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Housing and
Redevelopment Commission as follows:
1. That the foregoing recitations are true and correct.
2. The Major Redevelopment (RP 96-03) and Coastal Development (CDP 95-05)
Permits are amroved and that the findings and conditions of the Design Review Board
contained in Resolutions Nos. 248, 249 and 250, on file in the City Clerk’s Office and
incorporated herein by reference, are the findings and conditions of the Housing and
Redevelopment Commission, together with the additional conditions of approval as provided
A forty-two inch (42”) masonry wall shall be constructed on the west property line
which shall run the complete length of the property line from north to south, with
the exception that the height of the wall shall drop to thirty inches (30”) at least
fifteen feet (15’) from the south property line for site distance compliance.
Landscaping shall be installed (within the proposed landscaping area) on the west
side of the property adjacent to the drive way for the car wash facility which is
taller than the 42” wall and consist of shrubs and plant types approved by the
Housing and Redevelopment Director and the City’s Landscape Architect.
Landscaping for the site shall include the installation of twenty-four inch (24”) box
trees at all locations identified on the preliminary landscape plan, rather than the
proposed 15gallon trees.
The improvements to the driveway and exit area for the car wash facility shall
include stamped colored concrete to be installed for the entire length of the
driveway to the car wash facility and to the exit from the car wash to Harding
Street.
The Housing and Redevelopment Commission of the City of Carlsbad has
reviewed, analyzed and considered Negative Declaration (RP96-03), the environmental impacts
therein identified for this project and any comments thereon. The Housing and Redevelopment
Commission finds that there is no substantial evidence the project will have a significant effect
on the environment and thereby approves the Negative Declaration. The Housing and
Redevelopment Commission finds that the Negative Declaration (RP96-03) reflects the
independent judgment of the Housing and Redevelopment Commission of the City of Carlsbad.
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C
HRC Resolution No. 282
Page 3
4. That this action is final the date this resolution is adopted by the Housing and
Redevelopment Commission. The provision of Chapter 1.16 of the Carlsbad Municipal Code,
"Time Limits for Judicial Review" shall apply:
"NOTICE TO APPLICANT"
"This 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. 'I
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Housing and Redevelopment Commission of the City of Carlsbad, California, held on the 17th
day of September, 1996 by the following vote to wit:
AYES: Nygaard, Kulchin, Finnila
NOES: Lewis
HETT, Secretary