HomeMy WebLinkAbout2002-11-19; City Council; 16979; ARCO AM/PM at Tamarack CUP 01-19/V 02-03CITY OF CARLSBAD - AGENDA BILL 5
AB# 16,979
CITY MGR. DEPT. CA
CITY ATTY. CUP 01-19N 02-03 MTG. 1 111 9/02
TITLE:
ARCO AMlPM AT TAMARACK
DEPT. HD.
RECOMMENDED ACTION:
That the City Council adopt Resolution No. 2002-323 as amended, adopting a Negative
Declaration and Addendum, and approving Conditional Use Permit CUP 01-19 and Variance V 02-03.
ITEM EXPLANATION: I On November 5, 2002, the City Council conducted a public hearing, considered the staff I 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 development of the ARCO AMlPM at Tamarack and referred the matter to the City
Attorney to return with documents memorializing that approval, with the following
amendments:
“a. There shall be no retail sales of beer or wine or other alcoholic beverages
pursuant to Business and Professions Code section 23790.5. The Council finds that another
retail sales outlet for beer or wine or other alcoholic beverages is unnecessary at this location.
The proposed mini-mart is located too close to adjoining schools, churches and other
alcoholic beverage retail sales establishments. A similar permit request for alcoholic
beverages retail sales in this neighborhood has previously been denied for the reasons stated
above and the Council finds that there have been no changed circumstances that would
permit the issuance of such a permit in this case. A notice of issuance of this CUP shall be
recorded in the San Diego County Recorder’s office advising all persons of the terms,
conditions and restrictions contained within this CUP including the restriction on the retail sale
of alcoholic beverages.
b. The applicant shall take special care in constructing a six-foot high graffiti resistant
wall at the location and design as approved by the Planning Director. The applicant shall take
special steps to promptly remove any graffiti and in no event shall it remain in place more than
24 hours.
c. The applicant shall plant and maintain bougainvillea or other planting material to
soften the appearance of the required wall and this shall become part of the landscaping plan
to be approved by the Planning Director.
d. This conditional use permit shall be reviewed by the Planning Director annually after
the commencement of operations to determine if all conditions of this permit have been met
and that the use does not have a substantial negative effect on surrounding properties or to
the public health and welfare. If the Planning Director determines that the use has substantial
negative effects, the Planning Director shall report this fact to the City Council which may refer
the matter to the Planning Commission for a report and recommendation as to any additional
or changed conditions, after providing the applicant with the opportunity to be heard and an
opportunity to propose additional conditions to reduce or eliminate the substantial negative
effects.”
Those documents are attached. The Council should satisfy itself that it accurately represents
its intent in this matter. I
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 no
significant impacts could be created as a result of the project. In consideration of the
foregoing, the Planning Director issued a Negative Declaration on May 22, 2002, and the
Planning Commission has recommended approval of the Negative Declaration.
FISCAL IMPACT:
There are no direct City related costs associated with approval of the proposed project. The
City will benefit some from gasoline tax revenues as well as sales tax revenues.
EXHIBITS:
1. Resolution No. 2002-323
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Page 2 of 2 of AB #16,979
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RESOLUTION NO. 2002-323
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD. CALIFORNIA, ADOPTING A NEGATIVE
DECLARATION AND APPROVING A CONDITIONAL USE PERMIT
AND VARIANCE TO ALLOW THE DEVELOPMENT OF A GAS
STATION, MARKET AND CAR WASH ON PROPERTY
GENERALLY LOCATED AT THE NORTHEAST CORNER OF
TAMARACK AVENUE AND JEFFERSON STREET IN LOCAL
FACILITIES MANAGEMENT ZONE 1
CASE NAME: ARC0 AMlPM AT TAMARACK
CASE NO.: CUP 01-19N 02-03
WHEREAS, on September 4, 2002, the Carlsbad Planning Commission
held a duly noticed public hearing to consider a proposed Negative Declaration,
Conditional Use Permit and Variance to allow for the development of a gas station,
market and car wash, and adopted Planning Commission Resolutions No. 5221, 5222
and 5223 recommending to the City Council that the Negative Declaration be adopted
and that the Conditional Use Permit and Variance be approved; and
WHEREAS, the City Council of the City of Carlsbad, on the 5" day of
November, 2002, held a duly noticed public hearing to consider the recommendation
and heard all persons interested in or opposed to the Negative Declaration, Conditional
Use Permit, and Variance, and
WHEREAS, the City Council finds that:
1. The proposed project is adequately designed to accommodate the
high percentage of visitor, tourist and shuttle buslalternative transportation users
anticipated given the proposed use and site location within the overlay zone.
2. The building forms, building colors and materials combine to
provide an architectural style of development that will add to the objective high quality
architecture and building design within the overlay zone.
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3. The project complies with all of the development criteria of the
overlay zone.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carisbad, California, as follows:
1. That the above recitations are true and correct.
2. That the recommendation of the Planning Commission for the
adoption of the negative Declaration and approval of Conditional Use Permit 01-19 and
Variance 02-03 are adopted and approved and that the findings and conditions of the
Planning Commission contained in Planning Commission Resolutions No. 5221, 5222
and 5223 on file with the City Clerk and incorporated herein by reference, are the
findings and conditions of the City Council, except as specifically set forth herein:
a. There shall be no retail sales of beer or wine or other
alcoholic beverages pursuant to Business and Professions Code section 23790.5. The
Council finds that another retail sales outlet for beer or wine or other alcoholic
beverages is unnecessary at this location. The proposed mini-mart is located too close
to adjoining schools, churches and other alcoholic beverage retail sales establishments.
A similar permit request for alcoholic beverages retail sales in this neighborhood has
previously been denied for the reasons stated above and the Council finds that there
have been no changed circumstances that would permit the issuance of such a permit
in this case. A notice of issuance of this CUP shall be recorded in the San Diego
County Recorder's office advising all persons of the terms, conditions and restrictions
contained within this CUP including the restriction on the retail sale of alcoholic
beverages.
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b. The applicant shall take special care in constructing a six-foot
high graffiti resistant wall at the location and design as approved by the Planning
Director. The applicant shall take special steps to promptly remove any graffiti and in
no event shall it remain in place more than 24 hours.
,
c. The applicant shall plant and maintain bougainvillea or other
suitable planting material to soften the appearance of the required wall and this shall
become part of the landscaping plan to be approved by the Planning Director.
d. This conditional use permit shall be reviewed by the Planning
Director annually after the commencement of operations to determine if all conditions of
this permit have been met and that the use does not have a substantial negative effect
on surrounding properties or to the public health and welfare. If the Planning Director
determines that the use has substantial negative effects, the Planning Director shall
report this fact to the City Council which may refer the matter to the Planning
Commission for a report and recommendation as to any additional or changed
conditions, after providing the applicant with the opportunity to be heard and an
opportunity to propose additional conditions to reduce or eliminate the substantial
negative effects."
3. This action 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:
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"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."
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad held on the 19th day of November ,2002 by
the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Nygaard, Hall.
NOES: Council Member Finnila.
ABSENT: None.
(SEAL)
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