HomeMy WebLinkAbout1998-06-16; City Council; 14723; Tienda De La Esquina.I _.. - -.
CITY OF CARLSBAD -AGENDA BILL
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MTG. 6-(6-“i&
DEPT. CA
TITLE- ACTIONS ON APPEAL ADDING FURTHER
SiTIONS TO THE CONDITIONAL USE PERMIT, SITE
DEVELOPMENT PLAN AND TO DENY ALL OTHER RELIEF
AND EXTEND THE TENTATIVE MAP AND RELATED
PERMITS FOR THE TIENDA DE LA ESQUINA TENTATIVE
MAP
APPLICANT: TIENDA DE LA ESQUINA
CASE NO: CT 91-06X2
DEPT. HD.
CITY ATTY.
CITY MGR.
RECOMMENDED ACTION:
That the City Council adopt Resolution No. %? - 186 granting an appeal in part adding
conditions to the Conditional Use Permit and Site Development Plan as specified and
denying all other relief and extending the tentative map and related permits for the Tienda de
la Esquina project.
That the City Council adopt Resolution No. 98 * 18 3 directing the Planning Director to
amend section 21.26.010(23) deleting the provision specifying service stations as one of the
permitted uses in the zone and revise the standards for conditionally permitting service
stations.
That City Council adopt by minute motion amended Council Policy Statement No. 54.
ITEM EXPLANATION:
At its regular meeting of Tuesday, June 2, 1998, the City Council considered the appeal of
the tentative map extension and related permits for the Tienda de la Esquina neighborhood
commercial project. After receiving the staff report, public input, and after careful
consideration of all the facts and circumstances relevant to this project and after careful
deliberations, the City Council voted 3-2 (Lewis, Kulchin) to modify the project by granting the
appeal in part, denying other relief and extending the tentative map and related permits as
follows:
1. Sale, distribution or advertising of alcohol in any manner from the proposed service
station on Lot 1 is prohibited.
2. The service station is conditionally permitted on Lot 1 to serve motor fuels and related
automobile products and services only and a convenience store on the same lot is
specifically prohibited.
3. The delivery schedule for commercial vehicles within this neighborhood commercial
development shall be submitted to the Planning Director and he shall recommend
approval, approval with conditions or denial to the Planning Commission. The intent of
this condition is to restrict deliveries to hours that are compatible with neighborhood
activities and do not disrupt the peace, tranquillity and harmony of surrounding uses.
, J
CITY OF CARLSBAD
Policy No. 54
COUNCIL POLICY STATEMENT
General Subject: REFUND OF FEES
Date Issued C;- IG - 9 &
Effective Date 6 - I G - 9e
Cancellation Date
Supersedes No. N/A
Specific Subject: PROCEDURE FOR REFUND OF APPEAL FEES WHEN APPEALS ARE
GRANTED BY CITY COUNCIL
Copies to: City Council, City Manager, City Attorney, Department and Division Heads,
Employee Bulletin Boards, Press, File I
PURPOSE:
To provide a process for refunding an appeal fee when the appeal is granted by City Council.
POLICY:
An appeal fee shall be refunded to any party who has paid such a fee if the City Council grants
significant relief as a result of the appeal.
PROCEDURE:
The City Clerk’s Office shall process a Request for Refund form to refund an appeal fee after Council
grants an appeal. The form shall be processed according to procedures established by the Finance
Department. Once the Request for Refund form has been properly processed, the Finance Department
shall be responsible for making the refund payment to the party who paid the fee.
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Agenda Bill No. I/% 0 z 3
Page 2 6
4.
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The lighting program shall be submitted to the Planning Director and he shall recommend
it for approval, conditional approval or denial to the Planning Commission. The intent of
this condition is to ensure that the operations of lights are sufficiently shielded and aimed
in a way to reduce or eliminate glare and impact on surrounding properties.
The sign program shall be submitted to the Planning Director and he shall recommend it
for approval, conditional approval or denial to the Planning Commission. The sign
program shall address the location, size, materials, colors and method of installation of all
signs. Signage shall be prohibited on buildings situated on Lots 3 and 4 facing the
adjacent open space corridor. Signs shall be oriented toward the interior of the project.
The project applicant shall fund a minimum of 50% of the cost of a traffic signal at the
intersection of Camino de las Caches and Calle Timeteo which shall be constructed and
operational prior to or contemporaneous with the exercise of any use within the site
development plan.
The Council also accepted other changes to condition as determined by Planning
Commission namely:
Approval of the tentative map shall expire on June 13, 2000 unless a final map is recorded
prior to that date
That the approval is null and void if building permits for buildings B and C are not issued
within 18 months from the date of the final recordation of the tract map
That the applicant shall pay fees concurrent with the approval of the final map
That the conditional use permit for the service station is granted for a period of five years
from the date of final occupancy
That the approval shall become null and void if building permits for the gas station are not
issued within 18 months of the date of the final recordation of the tract map
That the hours of operations of the gas station shall be limited from 500 a.m. to IO:00
p.m.
That the approval of the planned unit development shall become null and void if building
permits for buildings on Lots B and C are not issued within 18 months of the date of
recordation of the final tract map
A safety program for the use of the site shall be developed and approved by the Carlsbad
Police Department prior to any building occupancy.
There was also extensive testimony on the procedures, conditions or prohibitions on the
sales of alcoholic beverages at service stations and convenience stores. The applicant
through his attorney volunteered to waive rights to sell alcoholic beverages at the service
station proposed for Lot 1. The Council accepted this offer and has conditioned the use of
that lot to a service station without the sale of alcoholic beverages. As was brought out at
the hearing, it has been the Planning Department’s historical interpretation that a service
station is a conditional use in any zone where conditionally permitted in Carlsbad. The
conditions under which service stations may be permitted by a conditional use permit in any
zone other than a residential zone or a professional zone are set forth in Chapter 21.42 of
the Carlsbad Municipal Code.
Agenda Bill No. 14,523
Page 3 I
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In order to avoid confusion in interpretation in future cases that such uses are permitted by
right in any underlying zone, it is recommended that the City Council adopt Resolution No.
98-187 directing the Planning Director to amend section 21.26.010(23) deleting the
provision specifying service stations as one of the permitted uses in the zone.
As was further indicated at the hearing, state law prohibits any city from legislatively
prohibiting the concurrent retailing of beer and wine for off-premises consumption and motor
vehicle fuel, but specifically permits a city from enacting a conditional use permit requirement
based on appropriate health, safety or general welfare standards provided the ordinance
otherwise complies with state law. State law has also established certain minimum
standards for service stations that sell beer and wine for off-premises consumption as
follows:
l No beer or wine shall be displayed within five feet of a cash register or the front door
unless it is permanently affixed to a cooler
l No advertisement of alcoholic beverages shall be displayed at motor fuel islands
l No sale of alcoholic beverages can be made from a drive-in window
l No display or sale of beer or wine shall be made from an ice tub
l No beer or wine advertising shall be located on a motor fuel island and no self-illuminated
advertising for beer or wine shall be located on buildings or windows
l Employees on duty between the hours of IO:00 p.m. and 2:00 a.m. who sell beer and
wine shall be at least 21 years of age
These are the minimum state standards but they do not limit the City from enacting further
standards and regulations. Sales of alcohol from convenience stores are regulated by the
state Alcoholic Beverage Control (“ABC”). Among other things, ABC permits can be denied
if their issuance would tend to create a law enforcement problem, if the issuance would
result in undue concentration of licenses or the license is within 600 feet of any school,
public playground, or non-profit youth facilities. The Police Chief is authorized to make
recommendations to the state ABC for these purposes but the ultimate decision remains with
the state and it determines that the public convenience or necessity would be served by the
issuance.
The City Council also voted to refund appellant’s fees because some relief and some
changes to the project were made as a result of the appeal. The City Council has adopted a
policy statement, City Council Policy Statement No. 54, in order to provide a process for
refunding an appeal fee when an appeal is granted by the City Council. The purpose of
Council policies are to indicate how the Council intends to vote in the future on particular
matters of a recurring nature and which are subject to their discretion. Policies shall remain
in effect until they are rescinded. That policy is attached to this agenda bill. It provides that
an appeal fee shall be refunded to any party who has paid such a fee if the City Council
grants the appeal. If the City Council determines that appellant was the prevailing party for
purposes of this policy, then Council’s previous action of June 2, 1998 is consistent with it.
If, however, the Council determines that the appeal was denied and no part of it granted then
your prior action must be rescinded and the policy amended to permit refund of fees to non-
prevailing parties. It is my recommendation that in order to avoid confusion in future such
cases that the policy be amended to state that the appeal fee shall be refunded to any party
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Agenda Bill No. ]q! -i&3
Page 4
who has paid it if the City Council grants significant relief as a result of the appeal. Attached
is an amended policy for adoption if the Council deems it appropriate.
FISCAL IMPACT:
Except for the refund of appellant’s fees, there will be no fiscal impact as a result of the
hearing. There will be a fiscal impact as a result of the construction and operation of the
convenience center arising from the collection of property taxes and sales and use taxes and
related development fees.
ENVIRONMENTAL REVIEW:
The Planning Director has determined that the project has not changed from its original
configuration and intensity and that no new significant environmental changes have occurred
onsite. Therefore, based on current knowledge of the site, the project will not have a
significant impact on the environment, and that a notice of Prior Compliance was issued
stating that the Negative Declaration approved by the Planning Commission in June 1991
continues to be applicable.
EXHIBITS:
Resolution No. 9 8 - 1 Q&J
Resolution No. q(E - I& 7
Proposed Amended Council Policy No. 54
Redlined Copy of Proposed Amended Council Policy No. 54
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RESOLUTION NO. 98-186
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA GRANTING APPELLANTS
APPEAL, IN PART, TO ADD FURTHER CONDITIONS TO
THE CONDITIONAL USE PERMIT AND TO DENY ALL
OTHER RELIEF AND EXTEND THE TENTATIVE MAP AND
RELATED PERMITS FOR TIENDA DE LA ESQUINA.
APPLICANT: TIENDA DE LA ESQUINA
CASE NO. CT 91-06X2
WHEREAS, a verified application for a tentative map for certain property to
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. 85-255261 of official records.
has been filed with the City of Carlsbad and referred to the Planning Commission; and
WHEREAS, the Planning Commission did on June 5, 1991, after hearing
and considering all the evidence and testimony of all people desiring to be heard adopted
Resolution Nos. 3135, 3136, 3137 and 3138 approving Tentative Map CT 91-6, Site
Development Plan SDP 91-6, Conditional Use Permit CUP 914, and Planned Unit
Development PUD 91-3, respectively; and
WHEREAS, the Planning Commission did on August 18, 1993, after
hearing and considering all the evidence and testimony of all people desiring to be heard
adopted Resolution No. 3535 approving a one year extension of time for a tentative map
and related planning permits; and
WHEREAS, the Planning Commission did on January 21, 1998 hold a duly
noticed public hearing and considering all the evidence and testimony of all people
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desiring to be heard regarding a tentative map extension, continued the hearing to
February 4,1998; and
WHEREAS, the Planning Commission did on February 4, 1998, hold a duly
duly noticed public hearing and considering all the evidence and testimony of all people
desiring to be heard regarding a tentative map extension, continued the meeting to March
4,1998; and
WHEREAS, the Planning Commission did on March 4, 1998 hold a duly
noticed public hearing as prescribed by law to consider said application for a three year
extension of time for a tentative map and related planning permits; and
WHEREAS, the Planning Commission did on March 4, 1998, after hearing
and considering all the evidence and testimony of all people desiring to be heard adopted
Resolution No. 4217 approving a three year extension of time for a tentative map and
related planning permits; and
WHEREAS, the appellant timely appealed the decision of the Planning
Commission on March 16,1998; and
WHEREAS, on May 12, 1998, the City Council of the City of Carlsbad held
a duly noticed public hearing as prescribed by law to consider said appeal and at which
time the Council continued the public hearing to June 2, 1998; and
WHEREAS, on June 2,1998, 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
public hearing after consideration of all the evidence, testimony, arguments of those
persons present and desiring to be heard, the City Council granted the appeal in part, to
add further conditions to the Conditional Use Permit and to deny all other relief and
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extend the Tentative Map and related permits and otherwise approved the project as
modified,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
1. That the foregoing recitations are true and correct.
2. The Council finds that a service station as conditioned herein is
desirable for the development of the community and is in essential 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. However, the Council
further finds that a convenience store with or without alcohol sales as part of the service
station is not in essential harmony with the neighborhood and with various elements and
objectives of the General Plan and is detrimental to existing uses and to uses specifically
permitted in the La Costa Master Plan.
3. That the site for the proposed service station is well located at a major
street intersection and is adequate in size and shape to accommodate that use provided
that appropriate conditions for circulation are imposed including the construction and
operation of a traffic signal at the intersection of Camino de Los Caches and Calle
Timeteo prior to or concurrent with the exercise of any use in the site development plan.
4. 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.
5. That the street system serving the proposed use is adequate to properly
handle all traffic generated by the proposed use, but that applicant must obtain
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permission from the City Council for the proposed deceleration lane on Ranch0 Santa Fe
Road.
6. That the use is properly buffered by grade separation from adjacent
existing and future uses.
-7;- Thata24-houroperatii-of a service-station-wouldbe incunflict with- the
suburban residential character of the surrounding neighborhood and that a reduction in
the hours of operations is appropriate to mitigate its impacts and to allow it to exist in
harmony with the neighborhood and with other applicable elements and objectives of the
General Plan.
8. That except as modified herein, the decision of the Planning Commission
approving the three year extension of time is affirmed, and the findings and conditions of
Planning Commission Resolution Nos. 3135, 3136, 3137, 3138 and 4217, on file with the
City Clerk and made a part hereof, constitute the findings and decision of the City
Council.
9. That appellant’s appeal fees are refunded.
10. That this action is not final unless and until applicant applies to the City
Council for the relief specified in Condition No. 66 of Planning Commission Resolution
No. 3135 in pertinent part: U . . .the developer shall pay for and submit an application for
the quitclaiming back of a portion of the access rights of Ranch0 Santa Fe Road for this
driveway. Prior to final map approval the issue of quitclaiming back of this portion of the
access rights is to be heard and decided by the City Council. Should Council not approve
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the quitclaim, then the project cannot be developed unless the project is redesigned and
the tentative map/site plan is amended back through the Planning Commission.”
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City
Council of the City of Carlsbad on the 16 day of June 1998, by the
following vote, to wit:
AYES: Council Members Finnila, Nygaard & Hall
NOES: Council Members Lewis & Kulchin
ABSENT: None
ATTEST:
0
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ALETHA L. RAUTENKRANZ, City%
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RESOLUTION NO. 98-187
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA DECLARING THE CITY
COUNCIL’S INTENTION TO STUDY THE REPEAL OF
SECTION 21.26.010(23) OF THE CARLSBAD MUNICIPAL
CODE REGARDING SERVICE STATIONS
WHEREAS, the City Council has determined that the provision specifying
service stations as one of the permitted uses in the Neighborhood Commercial or any
other zone should be deleted from the Carlsbad Municipal Code, and that service
stations may be conditionally permitted as appropriate; and
WHEREAS, the City Council has determined that there is a need to
specify the conditions under which the concurrent sales of beer and wine and motor
vehicle products may be sold and the appropriate conditions to permit the use of other
service stations,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the City Council directs the Planning Director to study and make
recommendations for consideration by the Planning Commission and City Council at
appropriate public hearings to delete Carlsbad Municipal Code section 21.26.010(23)
providing for service stations as one of the permitted uses in the C-l Zone.
3. . That the City Council directs the Planning Director to study and make
recommendations to the Planning Commission and City Council at appropriate public
hearings on pertinent amendments to section 21.42.010(7) or any other appropriate
section for conditions permitting automobile service stations in Carlsbad.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City
Council of the City of Carlsbad on the 16 day of June 1998, by the
following vote, to wit:
AYES: Council Members Finnila, Nygaard & Hall
NOES: Council Members Lewis, & Kulchin
ABSENT: None
ATTEST:
(SEAL)
, PROPOSED AMENDED COUNCIL - NO. 54
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
General Subject: REFUND OF FEES
Policy No. 54
Date Issued
Effective Date
Cancellation Date
Supersedes No.
Specific Subject: PROCEDURE FOR REFUND OF APPEAL FEES WHEN APPEALS ARE
GRANTED BY CITY COUNCIL
Copies to: City Council, City Manager, City Attorney, Department and Division Heads,
Employee Bulletin Boards, Press, File
PURPOSE:
To provide a process for refunding an appeal fee when the appeal is granted by City Council.
POLICY:
An appeal fee shall be refunded to any party who has paid such a fee if the City Council grants
significant relief as a result of the appeal.
PROCEDURE:
The City Clerk’s Office shall process a Request for Refund form to refund an appeal fee after Council
grants an appeal. The form shall be processed according to procedures established by the Finance
Department. Once the Request for Refund form has been properly processed, the Finance Department
shall be responsible for making the refund payment to the party who paid the fee.
PROPOSED AMENDED COUNCIL POLICY NO. 54
. . REDLINED PROPOSED AMENDED 'OUNCIL POLICY NO.54
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
General Subject: REFUND OF FEES
Policy No. 54
Date Issued
Effective Date
Cancellation Date
Supersedes No.
Specific Subject: PROCEDURE FOR REFUND OF APPEAL FEES WHEN APPEALS ARE
GRANTED BY CITY COUNCIL
Copies to: City Council, City Manager, City Attorney, Department and Division Heads,
Employee Bulletin Boards, Press, File
PURPOSE:
To provide a process for refunding an appeal fee when the appeal is granted by City Council.
POLICY:
An appeal fee shall be refunded to any party who has paid such a fee if the City Council grants the+pp&
significant relief as a result of the appeal.
PROCEDURE:
The City Clerk’s Office shall process a Request for Refund form to refund an appeal fee after Council
grants an appeal. The form shall be processed according to procedures established by the Finance
Department. Once the Request for Refund form has been properly processed, the Finance Department
shall be responsible for making the refund payment to the party who paid the fee.
REDLINED PROPOSED AMENDED COUNCIL POLICY NO. 54
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June 251998
Mr. Mark Gerber
340 So. Flower Street
Orange, CA 92668
RE: TIENDA DE LA ESQUINA CT 91-06 x2
Enclosed for your records are copies of Council Agenda Bill No. 14,723 and Resolution
Nos. 98-186 and 98-197, which were approved by the Carlsbad City Council on June
16, 1998.
If you have questions regarding Council’s actions or either of the above referenced
Resolutions please call Ken Quon, Associate Engineer, at (760) 438-l 161 extension
4380.
KATHLEEN D. SHOUP
Sr. Office Specialist
1200 Carlsbad Village Drive - Carlsbad, California 92008-l 989 - (760) 434-2808 @