HomeMy WebLinkAbout1986-10-07; City Council; 8768-1; Denying appeal and upholding Planning CommissionCIT OF CARLSBAD — AGENC BILL
AR* 8768-#l
MTG. 10/7/86
DEPT. CA
RECOMMENDED
If Council cc
TITLE' DENYING APPEAL AND UPHOLDING
PLANNING COMMISSION'S DENIAL
FOR ADDITION OF MINI -MART
CUP-286 - TEXACOACTION* .
)ncurs your action is to approve Resolution N
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denying the appeal and upholding the Planning Commission decision to
deny CUP-286.
ITEM EXPLANATION
The City Council at your meeting of September 23, 1986 directed the
City Attorney to prepare documents denying the appeal and upholding
the Planning Commission's decision to deny CUP-286.
The City Council should satisfy itself that the findings of the
Planning Commission as shown in Planning Commission Resolution No
2575 accurately reflect your intentions in the matter, that they
state facts found by you to be true, and that they adequately explain
your reasons for denying the appeal and upholding the Planning
Commission decision to deny CUP-286.
EXHIBIT
Resolution No., denying the appeal
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RESOLUTION NO. 8829
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA DENYING THE APPEAL AND UPHOLDING
THE PLANNING COMMISSION'S DENIAL OF A CONDITIONAL
USE PERMIT CUP-286 FOR AN ADDITION OF A MINI-MART
TO EXISTING SERVICE STATION.
APPLICANT: TEXACO
CASE NO.; CUP-286
WHEREAS, a verified application for a conditional use
permit for certain property to wit:
A portion of Tract 237 of Thum Lands, in the County of
San Diego, according to Map thereof No. 1681,
has been filed 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, the Planning Commission did on the 13th day of
August, 1986 hold a duly noticed public hearing as prescribed by
law to consider said request; and
WHEREAS, the Planning Commission did on August 13,
1986 after said public hearing, deny the request for a
conditional use permit; and
WHEREAS, the Planning Director has determined that this
project will not cause any significant environmental impacts and,
therefore, issued a Negative Declaration, dated May 10, 1986
which was approved by the Planning Comission on August 13, 1986
in satisfaction of the requirements of the Carlsbad Environmental
Protection Ordinance and the California Environmental Quality
Act; and
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WHEREAS, the applicant appealed the decision of the
Planning Commission to the City Council; and
WHEREAS, on September 23, 1986 the City Council of the
City of Carlsbad held a duly noticed public hearing as prescribed
by law to consider said appeal and at said hearing after
consideration of all the evidence, testimony, argument of those
persons present and desiring to be heard the City Council
determined to deny the appeal.
NOW, THEREFORE, BE IT RESOLVED by the City Council 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 City Council denies the applicant's appeal and
upholds the Planning Commision's decision to deny Conditional Use
Permit CUP-286, based on the findings as shown in Planning
Commission Resolution No. 2575 attached hereto as Exhibit A and
made a part hereof.
C. This action of denial is final the date this
resolution is adopted by the City Council. The provision of
Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for
Judicial Review" shall apply:
"NOTICE TO APPLICANT"
The time within which judicial review of this
decision must be sought is governed by Code of Civil
Procedure, Section 1094.6, which has been made
applicable in the City of Carlsbad by Carlsbad
Municipal Code Chapter 1.16. Any petition or other
paper seeking judicial review must be filed in the
appropriate court not later than the ninetieth day
following the date on which this decision becomes
final; however, if within ten days after the decision
becomes final a request for the record of the
proceedings accompanied by the required deposit in an
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amount sufficient to cover the estimated cost of
preparation of such record, the time within which
petition may be filed in court is extended to not
than the thirtieth day following the date on which
record is either personally delivered or mailed to
party or his attorney of record, if he has one. A
written request for the preparation of the record
the proceedings shall be filed with the City Clerk
such
later
the
the
of
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City of Carlsbad, 1200 Elm Avenue, Carlsbad, California
92008."
PASSED, APPROVED AND ADOPTED at a regular meeting
the City Council of the City of Carlsbad, California, held
of
on
the 7th day of October , 1986 by the following
vote, to wit:
AYES: Council Members Casler, Lewis, Chick and Pettine
NOES: None
AB SENT : None
Cyf ,/ /D
/K-<u^_-<— i \J - \~^t~*i^L&^^'
MARY H.JCASLER, Mayor
ATTEST: U
A&toU I. fcc^J^^
ALETHA L. RAUTENKRANZ , City^lerk
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EXHIBIT A
PLANNING COMMISSION RESOLUTION NO. 2575
A RESOLUTION OP THB PLANNING COMMISSION OP THE CITY OP
CARLSBAD, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT TO
ALLOW AN ADDITION TO AN EXISTING SERVICE STATION OF A
CONVENIENCE STORE ON PROPERTY GENERALLY LOCATED AT 945
TAMARACK AVENUE.
APPLICANT: TEXACO
CASE NO; CUP-286 •
WHEREAS, a verified application has been filed 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 13th day of August, 1986, hold
a duly noticed public hearing to consider said application on
property described as:
A portion of Tract 237 of Thura Lands, in the County of
San Diego, according to Map thereof No. 1681,
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WHEREAS, at said hearing, upon hearing and considering all
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testimony and arguments, if any, of all persons desiring to be
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heard, said Commission considered all factors relating to CUP-286.
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I NOW, THEREPORE, BE IT HEREBY RESOLVED by the Planning
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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
Commission DENIES CUP-286, based on the following findings
and subject to the following conditions:
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Findings;
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1) The proposed use would increase traffic and compound existing
problems at the intersection of Tamarack Avenue and Pio Pico.25
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located at this intersection to adequately service the area.
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AP,ROVED
8f th. citj ef
of
AYES:
NOES:
ABSENT
ABSTAIN: None.
the
on
, v.w wit:
Chairman Schlehuber, Commissioners: McBane,
Marcus, McFadden, Schramm & Holmes.
Commissioner Hall.
None.
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EL J. HOL^MILLER
CLARENCE SCHLEHUBERr Chairman
CARLSBAD PLANNING COMMISSION
-~ • t*WM*TO£
PLANNING DIRECTOR
28 JPC RESO NO. 2575 -2-
1200 ELM AVENUE
CARLSBAD. CALIFORNIA 92008
October 15, 1986
TELEPHONE
(714)438-5621
dtp of Cartebab
David Mattson
Texaco Refining, Inc.
10 Universal City Plaza
Fourth Floor
Universal City, CA 91608-1097
Enclosed for your records, please find a copy of the
following Resolution 8829 , adopted by the
Carlsbad City Council on October 7, 1986
Sincerely,
UbL
LEE RAtfTENKRANZ,
City Clerk
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Enclosures ( 1 )