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HomeMy WebLinkAbout1991-06-05; Planning Commission; Resolution 3137- /I 0 @ 1 2 3 4 5 6 7 8 9 10 11 12 113 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 3137 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A GAS STATION WITHIN A 7.6 ACRE NEIGHBORHOOD RETAIL CENTER ON PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF RANCHO SANTA FE ROAD AND CAMINO DE LOS COCHES. CASE NAME: TIENDA DE LA ESQUINA CASE NO: CUP 91-4 WHEREAS, a verified application has been fled 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, pursuant to the provisions of the Municipal Code, the Planning Commission did, on the 5th day of June, 1991, hold a duly noticed public hearing to consider said application on property described as: 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, 1985 as file/page no. 85-355261 of official records. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to CUP 91-4. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission 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 Commission APPROVES CUP 91 -4, based on the following findings and subject to the following conditions: ..... ll 0 e 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Findins: 1. That a gas station is desirable for the development of the community, is essentially in harmony with the various elements and objectives of the General Plan, and is not detrimental to existing uses or to uses specifically permitted in the La Costa Master Plan. 2. That the site for the intended use is well located at a major street intemction and is adequate in size and shape to accommodate the use. 3. That all of the yards, setbacks, walls, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained. 4. That the street system serving the proposed use with the inclusion of a deceleration lane on Rancho Santa Fe Road is adequate to properly handle all traffic generated by the proposed use. 5. That the use is properly buffered by grade separation from adjacent existing and future 11ses- 6. That twenty-four hour operation of a gas station and convenience market may conflict with the suburban residential character of the surrounding neighborhood. Conditions: 1. All conditions of Planning Commission Resolution Nos. 3135,3136, and 3138 are applicable to this approval and incorporated herein by reference. 2. This conditional use permit is granted for a period of five years. This conditional use permit shall be reviewed by the Planning Director in five years to determine if all conditions of this permit have been met and that the use does not have a significant detrimental impact on surrounding properties or the public health and welfare. If the Planning Director determines that the use has such significant adverse impacts, the Planning Director shall recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to mitigate the significant adverse impacts. This permit may be revoked at any time after a public hearing, if it is found that the use has a significant detrimental affect on surrounding land uses and the public’s health and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable increments of time not to exceed five years. 25 26 27 28 3. The hours of operation shall be limited to 5:OO AM. through 12:OO AM. PC RES0 NO. 3137 -2- e e 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 ~ i 4. This approval shall become null and void if building permits are not issued for SDP 91-6, PUD 91-3 within 24 months fkom the date of the final map recordation of CX 91-6. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 5th day of June 1991, by the following vote, to wit: AYES: Chairperson Holmes, Commissioners: Schlehuber, Schramm, Savary, Erwin, Noble & Hall. NOES: None. ABSENT: None. ABSTAIN: None. -. 3 .. CARLSBAD PLANNING COMMISSION , ATTEST: I PLANNING DIRECTOR I PC RES0 NO. 3137 -3-