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HomeMy WebLinkAbout2001-07-10; City Council; 16277; Cannon Court - CUP 99-30CITY OF CARLSBAD - AGENDA BILL AB# /6,6/72 TITLE: MTG. 7/l o/o1 DEPT. CA CANNON COURT CUP 99-30 DEPT. HD. CITYATTY. ’ z?EE CITY MGR. +f/ RECOMMENDED ACTION: That the City Council adopt Resolution No, &XI/-2 09 adopting a Mitigated Negative Declaration and approving CUP 99-30. ITEM EXPLANATION: On June 26, 2001, the City Council conducted a public hearing, considered the staff report, the recommendation of the Planning Commission, and heard and considered evidence from all persons interested in this matter. After due deliberation, the Council approved the CUP for the development of Cannon Court and referred the matter to the City Attorney to return with documents memorializing that approval, with the following additional conditions: m Sale of alcohol from the gas station/mini-mart shall be prohibited. = The property owner/applicant shall disclose the potential of the future construction of a power plant or other utility use north of the subject property. . The hours of operation of the mini-mart may be restricted by future amendment of the CUP. . The applicant has proposed development in phases. If any phase is not promptly developed after it is graded, it shall be hydroseeded and landscaped to the satisfaction of the Planning Director. That document is attached. The Council should satisfy itself that it accurately represents its intent in this matter. ENVIRONMENTAL REVIEW: The proposed project has been reviewed pursuant to the California Environmental Quality Act (CEQA). The initial study prepared in conjunction with the project determined that potentially significant impacts could be created as a result of traffic impacts, agricultural chemical residues, and noise impacts from l-5 and train operations on the AT&SF railroad. Traffic mitigation measures include installation of a new traffic signal at the intersection of Avenida Encinas and Cannon Road, dual west to southbound left-turn lanes on Cannon Road at Avenida Encinas, and implementation of traffic operations measures to coordinate signal timing with the freeway and railroad crossing. In addition, mitigation measures for soil remediation and noise attenuation will reduce potential impacts to less than significant levels. In consideration of the foregoing, a Mitigated Negative Declaration was issued by the Planning Director on February 26, 2001. I Agenda Bill No. / 6; 277 July 10, 2001 Page 2 FISCAL IMPACT: The proposed project will have a positive impact in terms of increased property tax, transient occupancy tax, and additional employment opportunities. The applicant has indicated that approximately 140 employment opportunities will be created by the project. Based on a 65% occupancy rate, it is estimated that the hotel will generate approximately $324,000 annually in transient occupancy tax. The current assessed value of the project site is approximately $4.8 million. With the new construction, it is estimated that the assessed value will increase to approximately $23 million. The increase in value would result in additional tax increment revenue for the Carlsbad Redevelopment Agency of an estimated $145,600 per year. Approximately 20% of the tax increments funds will be allocated to the City’s low-moderate housing fund and the remainder of the revenue will be used to fund projects within Redevelopment Area I I. EXHIBITS: 1. Resolution No. adb/-aoq 2 3 4 5 6 7 6 9 11 12 9 3 mwm Yr 5 %Bs 13 OWgj 283, 14 ;ggz goqg 15 n&z< 0 ggi&- p"s 16 <g z-5 l7 u 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2001-209 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND CONDITIONALLY APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE DEVELOPMENT OF A GAS STATION, MINI-MART, HOTEL AND TWO RESTAURANTS ON PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF CANNON ROAD AND INTERSTATE 5 IN LOCAL FACILITIES MANAGEMENT ZONE 3 CASE NAME: CANNON COURT CASE NO.: CUP 99-30 WHEREAS, on June 26, 2001, the City Council received the report of the Planning department and the recommendation of the Planning Commission and held a duly noticed public hearing receiving the testimony of all persons interested in this matter; and WHEREAS, on May 16,2001, the Carlsbad Planning Commission held a duly noticed public hearing to consider a proposed Mitigated Negative Declaration and Conditional Use Permit to allow for the development of a 16-pump gas station, mini- mart, 86 room hotel, and two restaurants, and it adopted Planning Commission Resolution Nos. 4977 and 4978 recommending to the City Council that the Mitigated Negative Declaration be adopted and the Conditional Use Permit be approved; and WHEREAS, after careful consideration of the report of the Planning Department, the recommendation of the Planning Commission and after carefully weighing all the evidence and documents received from any person interested in this matter who testified at the public hearing; and WHEREAS, the City Council recognizes that this site is adjacent to a number of locations that are not compatible with the sale of alcohol from a gas Resolution No. 2001- 209 Page 1 of 4 3 1 z I 4 c E 7 E 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 station/mini-mart at all hours of the day and night including the proximity to the proposed trail that will be part of the City-wide trail system, the proposed park, the existing Cannon Park and the beach where the use of alcohol is already prohibited by Carlsbad Municipal Code section 11.32.040; and WHEREAS, a number of retail alcoholic beverage sales outlets are available within a reasonable distance of the proposed development, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: I. That the above recitations are true and correct. 2. That the recommendation of the Planning Commission for the adoption of the Mitigated Negative Declaration and approval of Conditional Use Permit 99-30 is accepted and the findings and conditions of the Planning Commission contained, in Planning Commission Resolution Nos. 4977 and 4978 on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council except as expressly stated below: a. Any future proposal for the retail sale of alcoholic beverages at the gas station/mini-mart shall require an amendment to the CUP by the City Council after a report and recommendation by the Planning Department and Planning Commission. Any such future proposal for the retail sale of alcoholic beverages shall also require review and recommendation by the Police Chief in accordance with law. b. Prior to the recordation of the final parcel map or issuance of grading permits, whichever occurs first, the developer shall prepare, record and notice that this property may be subject to noise, air quality, water quality, and other environmental impacts from the future construction of a power plant or other utility uses to the north in a form meeting the approval of the Planning Director and City Attorney. c. The developer has proposed this development in phases. If construction of the improvements in any phase is not promptly begun following grading of the site for the proposed use, then the developer shall be required to hydroseed and Resolution No. 2001- 209 Page 2 of 4 1 2 3 4 5 6 7 8 9 10 11 12 2 g mwm 227 %EE 13 18 19 20 21 22 23 24 25 26 27 28 landscape that graded area to the satisfaction of the Planning Director. d. The hours of operation of the gas station/mini-mart are not restricted at this time. However, the City Council retains jurisdiction to do so by amending this conditional use permit following a report and recommendation by the Planning Department and Planning Commission should the facts and circumstances change indicating a need for such future restriction. e. The improvements required by Condition No. 66 of Planning Commission Resolution No. 4978 shall be constructed concurrently with the construction of the gas station/mini-mart and accepted pursuant to City standards to the satisfaction of the City Engineer prior to the issuance of occupancy permits. 3. Except as expressly stated herein, all terms and conditions of Planning Commission Resolution Nos. 4977 and 4978 are adopted by the City Council and incorporated herein by reference. 4. That this action is final the date this resolution is adopted by the City Council. The provisions 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 amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008.” Resolution No. 2001- 209 Page 3 of 4 1 2 3 4 5 6 7 8 9 10 11 12 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Cqlsbad held on the 10th I day of JULY I 2001 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall NOES: None ABSENT: None (SEAL) Resolution No. 2001- 209 Page 4 of 4 Cannon Court City Council Reso. # 2001-209 Conditional Use Permit 99-30 Sug;nested revised wording, finding 2e, page 3 of 4 : The improvements required by Condition No. 66 of Planning Commission Rzsolution No. 4978 shah be installed and accepted pursuant to City standards to the satisfaction of the City Engineer prior to or concurrent with construction of the gas station/mini-mart and prior to issuance of the gas station/mini-mart occupancy permit. Current wording : The improvements required by Condition No. 66 of Planning Commission kesolution No. 4978 shall be installed and accepted pursuant to City standards to the satisfaction of the City Engineer prior to the issuance of building permits for the construction of the gas station/mini-mart.