HomeMy WebLinkAbout2002-09-04; Planning Commission; Resolution 52231
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PLANNING COMMISSION RESOLUTION NO. 5223
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A VARIANCE TO PARKING AND BUILDING
SETBACKS ON PROPERTY GENERALLY LOCATED AT
THE NORTHEAST CORNER OF TAMARACK AVENUE AND
MENT ZONE 1
CASE NAME: ARCO AM/PM AT TAMARACK
CASE NO: V 02-03
WHEREAS, BP West Coast Products, LLC., “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by Saad Attisha, “Owner,”
described as
JEFFERSON STREET IN LOCAL FACILITIES MANAGE-
Lot 1 of Tamarack Plaza, in the City of Carlsbad, County of
San Diego, State of California, according to map thereof No.
5944, filed in the office of the County Recorder of San Diego
County on August 23,1967
(“the Property”); and
WHEREAS, said application constitutes a request to allow reduced setbacks
from the public street and interior side yard; and
WHEREAS, said verified application constitutes a request for a Variance as
shown on Exhibits “D” - “F” dated September 4, 2002, on file in the Carlsbad Planning
Department, ARCO MPM AT TAMARACK - V 02-03 provided by Chapter 21.50 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 4th day of September, 2002,
hold a duly noticed public hearing as prescribed by law to consider said request; and
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 the Variance.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission RECOMMENDS APPROVAL of ARC0 AM/PM AT
TAMARACK - V 02-03 based on the following findings:
Findinm:
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2.
3.
4.
That there are exceptional or extraordinary circumstances or conditions applicable to the
property that do not apply generally to the other properties in the same vicinity and zone
in that the property is part of the CommerciaWisitor Serving Overlay Zone which
properties to the north, west, and south are not, making the subject site a peninsula
and the property is unique in that it fronts on a public street on three sides when
one or two sides are typical.
That such variance is necessary for the preservation and enjoyment of a substantial
property right possessed by other property in the same vicinity and zone but which is
denied to the property in question in that the nearest properties immediately to the
north, west and south are not subject to the CommerciaWisitor Serving Overlay
Zone development standards which are more onerous.
That the granting of such variance will not be materially detrimental to the public welfare
or injurious to the property or improvements in such vicinity and zone in which the
property is located in that redevelopment of the site will have a positive effect on the
appearance of the site and subsequently will be a positive visual replacement to the
existing abandoned gas station and the inclusion of the car wash is key to the
economic viability of the project. Reduction of the CommerciaWisitor Serving
Overlay Zone setbacks will not create hazards for pedestrians or vehicles. Adequate
buffers and screening to surrounding land uses will be provided by landscape and
screen walls. The maximum allowable noise level of 60 dBA CNEL offsite will not
be exceeded.
That the granting of a variance for reduced setbacks will not adversely affect the
comprehensive general plan and is consistent with and implements the requirements of
the certified local coastal program; and, that the granting of a variance for reduced
setbacks does not reduce or in any manner adversely affect the requirements to protect
coastal resources as specified in the zones included in the Carlsbad Zoning Ordinance
and that the variance implements the purposes of zones adopted as implementation of the
Mello I1 segment of the local coastal program land use plan in that the location of
parking stalls and buildings on this site will not adversely affect views of the coast,
access to the coast or other coastal resources, and will not diminish the effectiveness
of the onsite storm water and wastewater runofvtreatment mechanisms.
...
PC RES0 NO. 5223 -2-
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NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days fiom date of final approval to protest imposition of these feedexactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 4th day of September, 2002, by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Baker, Dominguez,
Heineman, Segall, White, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
SEENA TRIGAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5223 -3-