HomeMy WebLinkAbout1996-08-21; Planning Commission; Resolution 3956I 4 0 0
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PLANNING COMMISSION RESOLUTION NO. 3956
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW
THE CONTINUED OPERATION OF A DRIVE-THROUGH
GAS ISLAND AT THE 7-ELEVEN FOOD STORE ON
PROPERTY LOCATED AT 901 PALOMAR AIRPORT ROAD
IN LOCAL FACILITIES MANAGEMENT ZONE 3.
CASE NAME: 7-ELEVEN FOOD STORE
CASE NO: CUP 284x1
WHEREAS, the Southland Corporation has filed a verified application wi
City of Carlsbad which has been referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request for a Conditiona
Permit extension as shown on Exhibits “A - D”, dated June 10,1986, on file in the Pla~
Department and as provided by the conditions of approval of CUP 284, and Chapter 21,
the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Pla
Commission did, on the 21st day of August, 1996, hold a duly noticed public hearing to COI
said application on property described as:
Parcel 2 of Parcel Map No. 195 in the City of Carlsbad, County
of San Diego, State of California, filed in the Office of the
County Recorder of San Diego County, January 30, 1970 as
File No. 18100 of Official Records.
WHEREAS, at said public hearing, upon hearing and considering all testi
and arguments, if any, of all persons desiring to be heard, said Commission considered all f
, relating to CUP 284x1.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pla
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commj
APPROVES the five year extension of Conditional Use Permit, CUP 284 (
284~1)~ based on the following findings and subject to the following conditic
Findings: -
1. That the requested use is necessary or desirable for the development of the commun
essentially in harmony with the various elements and objectives of the General Plar,
is not detrimental to existing uses specifically permitted in the zone in whicl
proposed use is located, in that the General Plan identifies gas stations as approp
uses to be located within designated TraveVRecreational areas and the I
through gas island is needed to serve existing and future development withi]
southwest quadrant of the City.
2. That the site for the intended use is adequate in size and shape to accommodate the u
that the drive through gas island and all ancillary improvements continue to j
the site.
3. That all the yards, setbacks, walls, fences, landscaping, and other features necess:
adjust the requested use to existing or permitted future uses in the neighborhood w
provided and maintained, in that required walls, landscaping, setbacks, parking SI
and driveways have been constructedhmplemented as approved and adequ
maintained, thereby ensuring compatibility with surrounding neighborhood usz
4. That the street system serving the proposed use is adequate to properly handle all ti
generated by the proposed use, in that the project site is located at the intersectic
Palomar Airport Road (a Prime Arterial) and Paseo Del Norte (a major Artc
which have adequate capacities to accommodate the traffic generated by the t
through gas island.
5. That the Planning Director has determined that the project is exempt frorr
requirements of the California Environmental Quality Act (CEQA) per Section 153
the state CEQA Guidelines and will not have any adverse significant impact 0:
environment.
Conditions:
1. The Planning Commission does hereby approve the Condition Use Permit exte1
for the drive through gas island project entitled "7-Eleven Food Store", (Exhibits
D '' on file in the Planning Department and incorporated by this reference, dated Ju
1986), subject to the conditions herein set forth. Staff is authorized and directed to 1
or require the Developer to make all corrections and modifications to the Documen
necessary to make them internally consistent and conform to Planning Commiss
final action on the project. Development shall occur substantially as shown 01
approved exhibits. Any proposed development substantially different from this appl
shall require an amendment to this approval.
I PC RES0 NO. 3956 -2-
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2. This Conditional Use Permit is extended for period of five (5) years. This Cond?
Use Permit shall be reviewed by the Planning Director on a yearly basis to determ
all conditions of this permit have been met and that the use does not have a subst
negative effect on surrounding properties or the public health and welfare. 1
Planning Director determines that the use has such Substantial negative effect:
Planning Director shall recommend that the Planning Commission, after providin
permittee the opportunity to be heard, add additional conditions to reduce or elimina
Substantial negative effects. This permit may be revoked at any time after a p
hearing, if it is found that the use has a Substantial detrimental effect on surrounding
uses and the public’s health and welfare, or the conditions imposed herein have not
met. This permit may be extended for a reasonable period of time not to exceed fi~
years upon written application of the permittee made no less than 90 days prior t
expiration date. The Planning Commission may not grant such extension, unless it
that there are no Substantial negative effects on surrounding land uses or the pu
health and welfare. If a Substantial negative effect on surrounding land uses c
public’s hearth and welfare is found, the extension shall be denied or granted
conditions which will eliminate or substantially reduce such effects. There is no lir
the number of extensions the Planning Commission may grant.
3. All conditions of approval imposed upon CUP 284, as stated in Plan
Commission Resolution No. 2571, shall apply as conditions of approval for
284x1, except Condition No. 12 is amended by No. 2 above, and conditions 5,l:
40 which are no longer in effect.
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PC RES0 NO. 3956 -3-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Pla
Commission of the City of Carlsbad, California, held on the 21st day of August, 1996, b
following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, Mo
Nielsen, Noble, Savary and Welshons
NOES: None
ABSENT: None
ABSTAIN: None
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CARLSBAD PLANNING COMMISSION
ATTEST:
Ill- u i; ~ ; ,b&
MICHAEL J. HOLZMIL~~R
Planning Director
PC RES0 NO. 3956 -4-