HomeMy WebLinkAbout1998-06-17; Planning Commission; Resolution 4314I
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PLANNING COMMISSION RESOLUTION NO. 4314
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
SERVICE STATION WITH THE DEVELOPMENT OF A
NEIGHBORHOOD COMMERCIAL SHOPPING CENTER ON
PROPERTY GENERALLY LOCATED EAST OF EL CAMINO
REAL AND NORTH OF LA COSTA AVENUE IN LOCAL
FACILITIES MANAGEMENT ZONE 6
CONDITIONAL USE PERMIT CUP 97-03 TO DEVELOP A
CASENAME: LA COSTA LUCKY SA-VON SHOPPING
CENTER
CASE NO.: CUP 97-03
WHEREAS, American Stores Properties Inc., “Developer”, has filed a
application with the City of Carlsbad regarding property owned by American Stores Pr
Inc., “Owner”, described as
Those portions of Lots 9,14, and 15 in Section 35, Township 12
South, Range 4 West, San Bernardino Meridian, in the City of
Carlsbad, County of San Diego, State of California, according
to CT 97-09, Exhibit “A”, dated June 17, 1998, on file in the
Planning Department.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditic
Pennit as shown on Exhibit(s) “A” - “Y” dated June 17, 1998, on file in the Carlsbad I
Department, LA COSTA LUCKY SAV-ON SHOPPING CENTER, CUP 97-03 , as I
by Chapter 21.42 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of June 1998
duly noticed public hearing as prescribed by law to consider said request; and -
WHEREAS, at said public hearing, upon hearing and considering all te
and arguments, if any, of all persons desiring to be heard, said Commission considered all
relating to the CUP 97-03.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the
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 Cor
03, based on the following findings and subject to the following conditior
APPROVES LA COSTA LUCKY SAV-ON SHOPPING CENTER, 1
Findings:
1. That the requested use is necessary or desirable for the development of the corn
essentially in harmony with the various elements and objectives of the General I
is not detrimental to existing uses specifically permitted in the zone in w
proposed use is located, in that a service station is permitted in the C-1 Zone
approval of a conditional use permit. The proposed service station w
associated with a neighborhood shopping center land use and would ha
vehicular access to El Camino Real.
2. That the site for the intended use is adequate in size and shape to accommodate th
that the project meets all required standards without the need for a variance.
3. That all the yards, setbacks, walls, fences, landscaping, and other features necc
adjust the requested use to existing or permitted future uses in the neighborhooc
provided and maintained, in that the service station would be buffered fi
shopping center by landscaped perimeter planters and driveway aisles. In a
there would be 16 on-site parking spaces to adequately satisfy the parking de
4. That the street system serving the proposed use is adequate to properly handle a
generated by the proposed use, in that the site is located as far north as possih
the El Camino Real and La Costa Avenue intersection and the site would 1
enough to accommodate fuel delivery trucks and provide adequate vehicle s
and circulation at the service pumps.
5. That it is to be developed as part of a community shopping center, in that the
contains a market/drug store and other retail related land uses associated
community shopping center.
6. The project complies with the conditions of Section 21.47.072 of the Municip:
in that the proposed service station would be associated with a neighh
shopping center land use. The architecture of the service station is compatil
the shopping center buildings. The project’s preliminary landscape plan il
six foot perimeter planters, a combination of trees, shrubs, and ground
irrigation systems, and landscape maintenance responsibility. No outdoor
areas are shown on the site plan, there are trash enclosures within a six fo
I PC RES0 NO. 43 14 -2-
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wall with a lattice roof, exterior lighting would be shielded downward, and
would be approved by the Planning Director as part of a comprehen
program consisted with the City’s Sign Ordinance and the El Camino Real
Standards. The project also would provide drainage improveme
surrounding roadway and intersection improvements for convenience and s
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all c(
and modifications to the Conditional Use Permit document(s) necessary to m,
internally consistent and in conformity with final action on the project. Dev
shall occur substantially as shown in the approved Exhibits. Any proposed dev
different fiom this approval, shall require an amendment to this approval.
2. The Developer shall report, in writing, to the Planning Director within 30 c
address change fiom that which is shown on the conditional use permit applicatic
3. Approval of CUP 97-03 is granted subject to the approval of GPA 97-02, ZC 9
97-09, PUD 97-13, SUP 97-02, SDP 97-07 and SUP 97-03. CUP 97-03 is sub:
conditions and code reminders contained in Planning Commission Resolution
for the Tentative Map.
4. This approval shall become null and void if building permits are not issuec
project within 24 months fiom the date of project approval.
5. If any of the foregoing conditions fail to occur; or if they are, by their tern
implemented and maintained over time, if any of such conditions fail t
implemented and maintained according to their terms, the City shall have the
revoke or modify all approvals herein granted; deny or further condition issuar
future building permits; deny, revoke or further condition all certificates of o(
issued under the authority of approvals herein granted; institute and prosecute liti
compel their compliance with said conditions or seek damages for their vioh
vested rights are gained by Developer or a successor in interest by the City’s ap
this site plan.
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PC RES0 NO. 4314 -3 -
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PASSED, APPROVED AND ADOPTED at a regular meeting of the 1
Commission of the City of Carlsbad, California, held on the 17th day of June 199t
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman,
and Savary
NOES: Commissioners Monroy and Welshons
ABSENT: Commissioner Neilsen
ABSTAIN:
BAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 43 14 -4-