HomeMy WebLinkAbout1991-06-05; Planning Commission; Resolution 3137- /I 0 @
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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:
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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.
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3. The hours of operation shall be limited to 5:OO AM. through 12:OO AM.
PC RES0 NO. 3137 -2-
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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-