HomeMy WebLinkAbout2003-01-14; City Council; 16982; Chevron Poinsettia VillageCITY OF CARLSBAD -AGENDA BILL
AB# 16,982 TITLE:
CHEVRON POINSETTIA VILLAGE
CUP 99-15(A)
DEPT. HD.
CITY ATTY.
CITY MGR 322
~~
RECOMMENDED ACTION:
That the City Council ADOPT Resolution No. 2002-333 , APPROVING CUP 99-15(A) as
recommended for approval by the Planning Commission.
ITEM EXPLANATION:
On October 16, 2002, the Planning Commission conducted a public hearing to review the
proposed amendment to CUP 99-15 which would allow increased hours of operation for the
Chevron car wash located in the Poinsettia Village Shopping Center in the C-2-Q zone, the City's
Coastal Zone, the CommercialNisitor-Serving Overlay Zone and in Local Facilities Management
Zone 9. The Planning Commission recommended unanimously to approve the modification to
the hours of operation.
The proposal would increase the hours of operation for the car wash to 7:OO am - 9:00 pm
Monday - Saturday, and 8:OO am to 8:OO pm on Sunday. No change is requested for the gas
station and food mart operating hours which are 6 am To 11 pm daily.
Anticipated noise impacts were an issue in the original project approval (May 2, 2000) and the
City Council limited the hours of operation for the car wash to 9:00 am to 5:OO pm daily. In
addition, the City Council added a condition limiting the interior noise level impacts from the car
wash on the adjacent mobile home park to no more than 43 dBA, which is less than the City's
standard interior noise level of 45 dBA.
A supplemental Acoustical Analysis prepared by Mestre Greves has shown that the noise from
the car wash is far less than anticipated, and in fact is only 36 dBA. Therefore, according to the
acoustical analysis the noise from the car wash is "barely audible" at the mobile home park.
The gas station and car wash have been in operation for slightly over one year. There have
been no noise or operational complaints since the facility has been in operation and staff does
not anticipate the increased hours of operation to be a nuisance to the surrounding properties.
A petition of over 200 signatures was submitted from people who use the station and car wash
and who support the increased hours of operation because it would be more convenient for the
users of this station. Notices were sent to property owners within 600 feet of the project site and
no letters of opposition or public testimony were received for this proposal. More detailed
information regarding the proposed amendment is included in the attached Staff Report and
Planning Commission Minutes.
ENVIRONMENTAL REVIEW:
The Planning Director has determined that the proposed amendment is exempt from review
under the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing
Facilities). Therefore, a Notice of Exemption will be filed by the Planning Director upon project
approval.
I
PAGE 2 OF AGENDA BILL NO. 16,982
FISCAL IMPACT:
None.
EXHIBITS:
1. City Council Resolution No. 2002-339
2. Location Map
3. Planning Commission Resolution No. 5293
4. Planning Commission Staff Report, dated October 16, 2002
5. Excerpts of Planning Commission Minutes, dated October 16, 2002.
a
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
21
28
RESOLUTION NO. *oo2-339
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT AMENDMENT TO ALLOW A MODIFICATION TO THE
HOURS OF OPERATION FOR THE CHEVRON CAR WASH
GENERALLY LOCATED AT THE NORTHEAST SIDE OF
AVENIDA ENCINAS, SOUTH OF POINSETTIA LANE IN LOCAL
FACILITIES MANAGEMENT ZONE 9
CASE NAME: POINSETTIA VILLAGE CHEVRON
CASE NO.: CUP 99-15(A)
The City Council of the City of Carlsbad, California, does hereby resolve as
follows:
WHEREAS, on October 16, 2002, the Carlsbad Planning Commission held a
duly noticed public hearing to consider a proposed Conditional Use Permit Amendment to allow
a modification to the hours of operation for the Poinsettia Village Chevron Carwash, and
adopted Planning Commission Resolution No. 5293 recommending to the City Council that the
Conditional Use Permit Amendment be approved; and
WHEREAS, the City Council of the City of Carlsbad, on 14th day of
JANUARY , 2003 held a duly noticed public hearing to consider the
recommendation and heard all persons interested in or opposed to the Conditional Use Permit
Amendment; and
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 recommendation of the Planning Commission for the approval of
Conditional Use Permit Amendment CUP 99-15(A) is approved and that the findings and
conditions of the Planning Commission contained in Planning Commission Resolution No. 5293
on file with the City Clerk and incorporated herein by reference, are the findings and conditions
of the City Council.
3. 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 3
I
1
L
c
f
,
t
5
1(
11
1;
1:
1L
l!
1f
1;
18
15
2(
21
2;
2:
2r
2:
26
27
28
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 no 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 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 latter 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
with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive,
request for the preparation of the record of the proceedings shall be filed
Carlsbad, California 92008.”
PASSED AND ADOPTED at a regular meeting of the City Council of the City 01
Carlsbad on the 14th day of JANUARY , 2003 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall, Packard
NOES: None
ABSENT: None A
ATTEST:
(SEAL)
Resolution No. 2002-339
Page 2 of 2 -2-
EXHIBIT 2
CHEVRON POINSETTIA VILLAGE
CUP 99-1 5(A)
5
1
2
3
4
5
6
7
a
S
1c
11
12
13
14
15
IC
1;
18
IS
2(
21
2;
22
24
2:
2t
2;
22
EXHIBIT 3
PLANNING COMMISSION RESOLUTION NO. 5293
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW
AN INCREASE IN THE HOURS OF OPERATION FOR THE
CHEVRON CAR WASH ON PROPERTY GENERALLY
LOCATED AT 7170 AVENIDA ENCINAS IN LOCAL
FACILITIES MANAGEMENT ZONE 9.
CASE NAME: CHEVRON POINSETTIA VILLAGE
CASE NO.: CUP 99-15(A)
WHEREAS, K. B. Narain, “Developer,” has filed a verified application with the
City of Carlsbad regarding property owned by Donahue Schriber Realty Group, L. P. and
Poinsettia Associates, “Owner,” described as
Parcel 11 of Parcel Map No. 15187, in the City of Carlsbad,
County of San Diego, State of California, filed in the Ofice of
the County Recorder of San Diego County, March 28, 1988,
Recorder’s File No. 88-140044
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Amendment as shown on Exhibit “B” dated March 15, 2000, on file in the Carlsbad
Planning Department, CHEVRON POINSETTIA VILLAGE - CUP 99-15(A), as provided by
Chapters 21.42 and 21.50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 16th day of October, 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 CUP Amendment.
WHEREAS, on May 16, 2000 the City Council approved CUP 99-15, as
described and conditioned in Planning Commission Resolution Nos. 4739 and City Council
Resolution 2000-154.
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2a
21
22
23
24
25
26
27
28
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission 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 Commission
CUP 99-15(A), based on the following findings and subject to the following
conditions:
RECOMMENDS APPROVAL of CHEVRON POINSETTIA VILLAGE -
Findings:
1.
2.
3.
4.
5.
That the requested use is necessary or desirable for the development of the community, is
essentially in harmony with the various elements and objectives of the General Plan, and
is not detrimental to existing uses specifically permitted in the zone in which the
proposed use is located, in that the increased hours of operation would benefit the
surrounding community by providing more times to use the car wash before and
after the normal work hours of 8 a.m. - 5 p.m. The acoustical update prepared by
Mestre Greve on November 1, 2001 indicates that the impacts from the car wash on
the interior noise levels of the adjacent Lakeshore Gardens Mobile Home Park is
well below the 43dBA noise threshold imposed by the City Council and noise
impacts from the increased hours of operation would not be detrimental to the
surrounding uses.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the site is adequate in size and shape to support the existing use and no physical
change is being proposed which would result in the need for additional area to
operakthe use.
That all the yards, setbacks, walls, fences, landscaping, and other features necessary to
adjust the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that all design features necessary to ensure compatibility
with the surrounding development, including noise walls, dense landscaping, and
screen walls, have been incorporated into the project. No additional features would
be required as a result of the proposed increased hours of operation for the car
wash.
That the street systems serving the proposed use are adequate to properly handle all
traffic generated by the proposed use, in that the traffic impacts of the proposed gas
station were previously evaluated in a traffic study for the Poinsettia Village
Shopping Center and the increased hours of operation for the car wash will not
increase the number of trips to/from the site such that the surrounding roadways for
intersections would become overburdened.
That the Planning Director has determined that the project belongs to a class of projects
that the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15301 - Existing Facilities
PC RES0 NO. 5293 -2- 7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
of the state CEQA Guidelines. In making this determination, the Planning Director has
found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not
apply to this project.
6. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
1.
2.
3.
4.
If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Conditional Use Permit Amendment.
Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Conditional Use Permit
Amendment, (b) City’s approval or issuance of any permit or action, whether
discretionary or non-discretionary, in connection with the use contemplated herein, and
(c) DevelopedOperator’s installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions. This obligation
survives until all legal proceedings have been concluded and continues even if the City’s
approval is not validated.
This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis
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 the public health and welfare. If
the Planning Director determines that the use has such substantial negative effects, the
Planning Director shall recommend that the Planning Commission, after providing the
permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
substantial negative effects.
This Conditional Use Permit Amendment is granted through May 16, 2010 to coincide
with the original ten-year approval for CUP 99-15. This permit may be revoked at
any time after a public hearing, if it is found that the use has a substantial detrimental
effect on surrounding land uses and the public’s health and welfare, or the conditiqns
imposed herein have not been met. This permit may be extended for a reasonable period
of time not to exceed ten years upon written application of the permittee made no less
than 90 days prior to the expiration date. The Planning Commission may not grant such
PC RES0 NO. 5293 -3- 8
1
‘
L
4 -
t - I
E
s
1C
11
12
13
14
15
16
17
la
I9
20
21
22
23
24
25
26
27
28
5.
6.
extension, unless it finds thar there are no substantial negative effects on surrounding land
uses or the public’s health and welfare. If a substantial negative effect on surrounding
land uses or the public’s health and welfare is. found, the extension shall be denied 01
granted with conditions which will eliminate or substantially reduce such effects. There
is no limit to the number of extensions the Planning Commission may grant.
This project shall comply with all conditions required as part of the approved Conditional
Use Permit (CUP 99-15) as contained in Planning Commission Resolution No. 4739 and
City Council Resolution No. 2000-154 except for the following changes:
a. Condition “D” of City Council Resolution No. 2000-154 is replaced by Condition
No. 6 below.
b. Condition No. 5 A of Planning Commission Resolution No. 4739 is replaced by
Condition No. 6 below.
No auto detailing or any other kind of manual or hand cleaning operation or any
kind of work or services requiring the continual presence of employees at the car
wash shall be permitted. The maximum hours of operation for the car wash shall be
from 7:OO a.m. until 9:OO p.m. Monday - Saturday, and 8:OO a.m. - 8:OO p.m. on
Sunday.
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 from date of final approval to protest imposition of these feeslexactions. 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 feedexactions
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 fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
...
PC RES0 NO. 5293 -4- 9
1
L
<
f
f
5
1C
11
1;
12
14
15
16
17
18
15
2c
21
22
23
24
25
26
27
28
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 16th day of October, 2002 by the
following vote, to wit:
AYES : Chairperson Segall, Commissioners Baker, Dominguez, Heineman,
Trigas, White, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
II
SEENA TRIGAS, Chairperson -
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HMZMI!ZLER
Planning Director
PC RES0 NO. 5293 -5-
The City of Carlsbad Planning Department EXHIBIT 4
A REPORT TO THE PLANNING COMMISSION
P.C. AGENDA OF: October 16,2002 Project Planner: Barbara Kennedy
SUBJECT: CUP 99-15(A) - CHEVRON POINSETTIA VILLAGE - Request for a
Conditional Use Permit Amendment to allow a modification to the hours of
operation for the Chevron Poinsettia Village car wash located within the
Poinsettia Village Shopping Center on the northeast side of Avenida Encinas,
south of Poinsettia Lane in the C-2-Q zone, within the City’s Coastal Zone, the
CommerciaWisitor Serving Overlay Zone, and Local Facilities Management
Zone 9.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 5293,
RECOMMENDING APPROVAL of Conditional Use Permit Amendment CUP 99-15(A)
based on the findings and subject to the conditions contained therein.
11. INTRODUCTION
The applicant is applying for an amendment to their Conditional Use Permit (CUP) to modify the
hours of operation of the Poinsettia Village car wash. No physical changes to the project are
proposed. The car wash has been operational since September 2001. An updated acoustical
analysis has been provided which shows that the noise levels of the car wash are well under the
required threshold. Since perceived noise impacts were the primary reason for limiting the
operating hours, staff can support the proposed amendment to increase the hours of operation for
the car wash. Because the project is located within the CommerciaWisitor Serving Overlay
Zone, the City Council will be the final decision-maker for the project.
111. PROJECT DESCRIPTION AND BACKGROUND
The Chevron gas station, food mart, and car wash are located within the Poinsettia Village
Shopping Center, southeast of the signalized intersection at Avenida Encinas and the entrance to
the Lakeshore Gardens Mobile Home Park. The City Council approved the project on May 2,
2000 (with subsequent resolution dated May 16, 2000) included an amendment to the Site
Development Plan (SDP 82-03(A)), a Conditional Use Permit (CUP 99-15), and a Coastal
Development Permit (CDP 99-35) to allow a 12 pump gas station, a 2,132 square foot food mart,
and an 884 square foot car wash. Based on neighborhood concerns regarding noise and traffic
impacts, the City Council added six conditions to their resolution of approval. The applicant is
now requesting an amendment to Condition “D” of City Council Resolution 2000-154 to
increase the hours of operation for the car wash from 9:OO a.m. until 5:OO p.m. daily, including
weekends, to 7:OO a.m. to 9:OO p.m. Monday - Saturday, and 8:OO a.m. - 8:OO p.m. on Sunday.
CUP 99-15(A) - CHEVRON POINSETTIA VILLAGE
October 16,2002
Page 2
The gas statiodcar wash became operational in October 2001. In accordance with City Council
Condition “A,” Resolution No. 2000-154, the applicant submitted an acoustical analysis
(attached) for the car wash showing compliance with the City’s Noise Standards and with the
Council’s restriction that the interior noise levels within the Lakeshore Gardens Mobile Home
Park shall not exceed 43 &A. The acoustical analysis, prepared by Mestre Greve Associates,
indicates that from inside the mobile homes, the noise levels from the car wash never exceed 36
dBA, nor is there any reason to believe that noise levels from the car wash would ever approach
or exceed 43 dBA inside the mobile homes.
The applicant has also submitted a petition with over 200 signatures supporting an increase in the
hours of operation. The petition cites that since most people start work around 8:OO a.m. and
leave from work around 4:OO to 5:OO p.m. they cannot use the car wash except on the weekends.
Staff agrees that the increased hours of operation would be more convenient for residents and
visitors to the City.
When the applicant requested the hours of operation to last until 9:OO p.m., staff originally felt
that the hours went too late. However, after reconsideration, staff felt that the number of
customers using the car wash after 7:OO p.m. would probably be minimal. Furthermore, since the
noise levels of the car wash are so much lower than the 43 dBA condition placed on the project,
staff felt that the noise generated from the car wash in the evenings would be relatively
insignificant.
Furthermore, in the Planning Commission’s recent review of the ARCO gas statiodcar wash at
TamaracWJefferson, the commission approved operating hours of 7:30 a.m. - 9:OO p.m. daily,
which is similar to the Chevron proposal. The ARCO station is similarly located, in that it is
across the street from residences. Since car washes are a conditional use, the City has the
authority at any time to review the permit if it is felt that there has been a violation of the
findings or conditions of the CUP. However, it is not anticipated that the increased hours of
operation will be a nuisance.
All conditions of approval contained in the resolutions for SDP 82-03(A), CUP 99-015, and CDP
99-35 have been met and the project is operating under the terms and conditions of the original
approvals. The Code Enforcement Division has indicated that there have not been any
complaints registered against the car wash due to noise impacts. Since the applicant is only
proposing an amendment to one of the conditions of approval of the CUP, only the CUP will be
analyzed. The proposed amendment does not affect the previous approvals for the SDP or CDP
applications, it does not propose any physical changes to the project that would affect any
development standard including those related to the CommerciaWisitor Serving Overlay Zone,
nor will the amendment affect any Growth Management performance standards.
The proposed amendment is subject to the following regulations:
A. General Plan - T-R/L (Travel-RecreatiodLocal Shopping Center)
B. Carlsbad Municipal Code, Title 21 (Zoning Ordinance) including:
1. Chapter 21.208 (CommerciaWisitor Serving Overlay Zone)
2. Chapter 21.42 (Conditional Uses)
CUP 99-15(A) - CHEVRON POINSETTIA VILLAGE
October 16,2002
IV. ANALYSIS
The recommendation of approval for this project was developed by analyzing the project’s
consistency with the applicable policies and regulations listed above. The following analysis
section discusses compliance with each of the regulations/policies utilizing both text and tables.
A. General Plan
The Poinsettia Village gas statiodcar wash is still consistent with the applicable policies and
programs of the General Plan. Table 1 identifies General Plan goals and objectives relevant to
the proposed project and indicates the compliance of the proposal.
ELEMENT
Land Use
Circulation
Noise
Open Space &
Conservation
Public Safety
TABLE 1 - GENI
USE. ~~ CLASSIFICATION,
GOAL OBJECTIVE, OR
PROGRAM
Provide for commercial
uses which serve the travel
and recreation needs of
tourists, residents, and
employees of business
centers and industrial
centers.
circulation infrastructure
Provide an adequate
the actual demand for such
concurrent with or prior to
facilities.
Control harmful or
undesirable sounds through
the planning and regulatory
process.
Utilize Best Management
Practices for control of
storm water and to protect
water quality.
Design all structures in
accordance with the
seismic design standards of
the UBC and State building
requirements.
Lu, PLAN COMPLIANCE
PROPOSED USES &
IMPROVEMENTS
The gas station, together with
the addition of the car wash
and food mart provide a needed
residential and business
service for the surrounding
community and the traveling
public.
No additional traffic impacts
will be generated by the
increased hours of operation.
All required circulation and
roadway improvements have
been installed with the
development of the shopping
center and the gas station.
have been incorporated into the
Sound attenuation measures
project to ensure that the
interior noise levels in the
Lakeshore Gardens Mobile
Home Park do not exceed the
43 dBA CNEL noise standard
imposed by the City Council.
The project implements
NF’DES requirements and Best
Management Practices.
The gasoline station canopy
and tanks have been
constructed in conformance
with all seismic design
standards.
COMPLY?
Yes
Yes
Yes
Yes
Yes
J3
CUP 99-15(A) - CHEVRON POINSETTIA VILLAGE
October 16,2002
Page 4
B. Conditional Uses and CommerciaWisitor Serving Overlay Zone
A service station and car wash are permitted in the C-2 zone with approval of a conditional use
permit. In addition, commercial projects located within the CommerciaWisitor Serving Overlay
Zone require approval of a conditional use permit by the City Council. Four findings are
required for approval of a conditional use permit. The required findings with justification for
each are summarized in this section.
1. That the requested use is necessary or desirable for the development of the community,
is essentially in harmony with the various elements and objectives of the General Plan,
and is not detrimental to existing uses specifically permitted in the zone in which the
proposed use is located.
The increased hours of operation for the car wash would benefit the surrounding community by
providing more convenient times to use the car wash before and after the normal workday hours.
As indicated in the acoustical update, the noise impacts from the car wash on the interior living
spaces at the Lakeshore Gardens Mobile Home Park are barely audible and are well under the 43
dBA interior noise level set by the City Council. No additional noise impacts will result from an
increase in the hours of operation and the extended hours will not be detrimental to the
surrounding uses.
2. That the site for the intended use is adequate in size and shape to accommodate the use.
The site is adequate in size and shape to accommodate the existing uses. No physical change is
being proposed which would result in the need for additional area to operate the use.
3. That all the yards, setbacks, walls, fences, landscaping, and other features necessary to
adjust the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained.
All design features necessary to ensure compatibility with the surrounding development have
been incorporated into the project. A noise wall was constructed to mitigate potential noise
impacts from the car wash, and screen walls and dense landscaping have been provided to screen
views of vehicles. No additional features would be required as a result of the proposed increased
hours of operation.
4. That the street system serving the proposed use is adequate to properly handle all
traffic generated by the proposed use.
The traffic impacts of the use were previously evaluated in a traffic study prepared for the
Poinsettia Village Shopping Center (SDP 82-03(A)). The expanded hours of operation will not
increase the number of trips to/f?om the site such that the surrounding roadways and intersections
would become overburdened.
CUP 99-15(A) - CHEVRON POINSETTIA VILLAGE
October 16,2002
Page 5
V. ENVIRONMENTAL REVIEW
The Planning Director has determined that the proposed amendment is exempt from review
under the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing
Facilities). Therefore, a Notice of Exemption will be filed by the Planning Director upon project
approval.
ATTACHMENTS:
1. Planning Commission Resolution No. 5293 (CUP)
2. City Council Resolution No. 2000-154, dated May 16,2000
3. Planning Commission Resolution No. 4739, dated March 15,2000
4. Location Map
5. Disclosure Form
6. Background Data Sheet
7. Updated Acoustical Analysis by Mestre Greve Associates, November 1, 2001
8. Petition in support of the proposal
BKmh
RESOLUTION NO. 2000-154
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A MITIGATED NEGATIVE DECLARATION
AND MlTlGATiON MONITORING AND REPORTING PROGRAM,
CONDITIONAL USE PERMIT, AND COASTAL DEVELOPMENT PERMIT
TO ALLOW A SERViCE STATION, CAR WASH, AND FOOD MART ON
PROPERTY GENERALLY LOCATED AT THE NORTHEAST SIDE OF
AVENIDA ENCINAS, SOUTH OF POlNSElTlA LANE IN LOCAL
FACILITIES MANAGEMENT ZONE 9.
CASE NAME: CHEVRON POINSETTIA VILLAGE
CASE NO: CUP 99-151CDP 99-35
The City Council of the City of Carlsbad, California, does hereby resolve
as follows:
WHEREAS, on March 15,2000, the Carlsbad Planning Commission held
a duly noticed public hearing to consider a proposed Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, Site Development Plan Amendment,
Conditional Use Permit, and Coastal Development Permit to allow for the development
of a 12-pump gas station, car wash, and food mart, and adopted Planning Commission
Resolution No. 4738 approving the Site Development Plan Amendment and Resolution
Nos. 4737,4739, and 4740 recommending to the City Council that the Mitigated
Negative Declaration and Mitigation Monitoring and Reporting Program, Conditional
Use Permit, and Coastal Development Permit be approved; and
WHEREAS, the City Council of the City of Carlsbad, on May 2.2000 held
a duly noticed public hearing to consider the recommendations and heard all persons
interested in or opposed to the Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program, Conditional Use Permit, and Coastal Development
Permit,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
Resolution No. 2000-1 54 Page 1 of 4
/6
I. That the above recitations are true and correct.
2. That the recommendation of the Planning Commission for the
approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program, Conditional Use Permit 99-15. and Coastal Development Permit 99-35 is
approved, and that the findings and conditions of the Planning Commission contained
in Planning Commission Resolution Nos. 4737,4739 and 4740, on file with the City
Clerk and incorporated herein by reference, are the findings and conditions of the City
Council with the following added conditions:
support of the application and on file in the Planning Department shall not exceed 43 dB. The developer shall submit a noise analysis indicating compliance with this
condition concurrent with the first annual review of the conditional use permit for this
site. Additional noise mitigation measures may be required if the annual review
indicates they are necessary or appropriate. The exact additional mitigation measures
shall be determined at a public hearing by the City Council following recommendations by the Planning Commission.
A. Interior noise as identified in the noise report submitted in
B. The developer shall submit and obtain Planning Director
approval of a landscape plan, which will include landscaping in addition to that shown
on the preliminary landscape plan and in conformance of the City’s Landscape Manual.
Additional landscaping shall be placed adjacent to the car wash and sound wail, as
appropriate, in order to screen the appearance of the wall and to further mitigate noise
impacts. The developer shall submit and obtain Planning Director approval of this final
landscape plan.
retail sale of alcoholic beverages and the applicant hereby waives his right to make
such application.
C. This site shall not be the subject of any future proposal for the
D. No auto detailing or any other kind of manual or hand cleaning
operation or any kind of work or services requiring the continual presence of employees
shall be from 9:00 a.m. until 300 p.m. daily, including weekends.
at the car wash shall be permitted. The maximum hours of operation for the car wash
measures to ensure vehicular movement flow in and out of the gas station site via direction signs and striping. The revised plan shall be approved by the City Engineer.
E. The traffic circulation plan for this site shall incorporate
northern edge of the shopping center entrance to provide access to pedestrians from
Resolution No. 2000-1 54 Page 2 of 4
F. The developer shall install a pedestrian sidewalk along the
the public street to the shopping center. Cross walks and landings shall be installed to
facilitate pedestrian access across the drive aisle at the entrance to the gas station.
The sidewalk shall be constructed so as to reduce or minimize its impacts on any
required landscaping to the satisfaction of the City Engineer.
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:
"NOTICE TO APPLICANT"
The time within which judicial review of this decision must be
sought is governed by Code of Civil Procedure, Section
Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any
1094.6, which has been made applicable in the City of
the appropriate court not later than the ninetieth day following
petition or other paper seeking judicial review must be filed in
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
the proceedings shall be filed with the City Clerk, City of
has one. A written request for the preparation of the record of
Carlsbad, 1200 Carlsbad Village Drive, Carlsbad. California 92008."
EFFECTIVE DATE This resolution shall be effective upon its adoption,
except as to the General Plan Amendment, which shall be effective thirty (30) days
following its adoption.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad held on the 16th day of May
Resolution No. 2000-154 Page 3 of 4
2000 by the following vote, to wit:
AYES: Council Members Hall, Finnila and Nygaard
NOES: Council Members Lewis and Kulchin
Attest:
BY: Janice Breitenfeld
Deputy City Clerk
Resolution No. 2000-1 54 Page 4 of 4
1
7 -
3
4
5
t - I
8
5
1(
11
12
1:
1‘
1:
1f
1:
1f
l!
2(
2:
2:
2:
2r
21
2f
2’
21
PLANNING COMMISSION RESOLUTION NO. 4739
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW
A SERVICE STATION, CAR WASH AND FOOD MART ON
PROPERTY GENERALLY LOCATED AT THE NORTHEAST
SIDE OF AVENIDA ENCINAS, SOUTH OF POINSETTIA
LANE IN LOCAL FACILITIES MANAGEMENT ZONE 9.
CASE NAME: CHEVRON POINSETTIA VILLAGE
CASE NO.: CUP 99-15
WHEREAS, K. B. Narain, “Developer”, has filed a verified application with the
City of Carlsbad regarding property owned by Donahue Schriher Realty Group, L. P. and
Poinsettia Associates, “Owners”,’described as
Parcel 11 of Parcel Map No. 15187, in the City of Carlsbad,
County of Sau Diego, State of California, filed in the Office of the
County Recorder of San Diego County, March 28, 1988,
Recorder’s File No. 88-140044
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits “A” - “L” dated March 15, 2000, on file in the Carlsbad Planning
Department, CHEVRON POINSETTIA VILLAGE - CUP 99-15, as provided by Chapters
21.42,21.50, and 21.208 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of March, 2000, 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 CUP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
d
1
2
3
4
5
6
7
8
9
1c
11
12
13
14
15
16
17
18
15
20
21
22
23
24
25
26
27
28
B) That based on the evidence presented at the public hearing. the Comnlissiorl
CUP 99-15, based on the following findings and subject to the following
conditions:
RECOMMENDS APPRO\’AL of CHEVRON POINSETTIA l’ILL.4GE -
Findincs:
1. That the requested use is necessary or desirable for the development of the community, is
essentially in harmony with the various elements and objectives of the General Plan, and is
not detrimental to existing uses specifically permitted in the zone in which the proposed use
is located, in that:
A. The requested use is necessary and desirable for the development of the
community in that the automobile related services are proposed as part of a
community shopping center which provides necessary services to the
surrounding community; and
B. The project is in harmony with various elements of the General Plan in that
the underlying Travel-RecreationlCommercial land use designation ensures
that commercial service uses will be accessible to both the surrounding
community and the traveling public; and
C. The project is not detrimental to existing uses or uses specifically permitted
in the zone in that the proposed architectural style is consistent and
compatible with the existing shopping center, noise impacts have been
mitigated through the use of a sound wall, visual impacts to surrounding uses
have been reduced through landscaping and screen walls, and the hours of
operation for the car wash and fuel delivery have been restricted to minimize
the impact of the project on both the existing surrounding uses and the
anticipated uses on the adjacent vacant pads.
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the proposed structures have been located outside of the sight distance
easement; the internal circulation has been designed to adequately accommodate the
turning movement of fueling trucks and vehicles; an adequate stacking lane has
been provided for the car wash; parking spaces have been provided in close
proximity to the retail area; and all necessary landscaped setbacks, circulation aisles
and parking areas have been provided.
3. That all the yards, setbacks, walls, fences, landscaping, and other features necessary to
adjust the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that all setbacks required by the C-2 zone and
CommerciaWisitor Serving Overlay Zone have been provided; screen walls have
been provided along Avenida Encinas to partially obscure vehicles; a noise wall is
integrated into the design of the car wash to mitigate any potential noise impact;
and the architectural design has been designed to complement the existing shopping
center.
PC RES0 NO. 4739 -2-
1
- 7
3
4
5
6
7
8
9
10
11
12
13
14
15
16
15
18
1s
2c
21
22
23
24
25
2c
2;
21
and use and separation requirements of Section 21.208.100 of the Carlshad ~
Municipal Code.
Conditions:
1. This approval is granted subject to the approval of the Mitigated Negative Declaration.
Mitigation Monitoring and Reporting Program, SDP 82-03(B), and CDP 99-35 and
is subject to all conditions contained in Planning Commission Resolutions 4737, 4738,
4740 for those other approvals.
2. If, at any time, the City Council, Planning Commission or Planning Director determine
that there has been, or may be, a violation of the findings or conditions of this
Conditional Use Permit, or of the Municipal Code regulations, a public hearing may be
held before the City Council to review this permit. At said hearing, the City Council may
add additional conditions, recommend additional enforcement actions, or revoke the
permit entirely, as necessary to ensure compliance with the Municipal Code and the intent
and purposes of the Commercial Visitor-Serving Overlay Zone, and to provide for the
health, safety and general welfare of the City.
3. This Conditional Use Permit is granted for a period of ten years. This permit may be
revoked at any time after a public hearing, if it is found that the use has a substantial
detrimental effect on surrounding land uses and the public’s health and welfare, or the
conditions imposed herein have not been met. This permit may be extended for a
reasonable period of time not to exceed ten years upon written application of the
permittee made no less than 90 days prior to the expiration date. The Planning
Commission may not grant such extension, unless it finds that there are no substantial
negative effects on surrounding land uses or the public’s health and welfare. If a
substantial negative effect on surrounding land uses or the public’s health and welfare is
found, the extension shall be denied or granted with conditions which will eliminate 01
substantially reduce such effects. There is no limit to the number of extensions the
Planning Commission may grant.
4. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis
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 the public health and welfare. I1
the Planning Director determines that the use has such substantial negative effects, the
Planning Director shall recommend that the Planning Commission, after providing the
permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
substantial negative effects.
5. The hours of operation for the project are approved as follows:
A. Car Wash - 7:OO a.m. until 7:OO p.m.; Monday through Saturday
8:OO a.m. until 6:OO p.m.; Sunday
B. Tank refueling - 8:OO p.m. until 500 am.; daily
C. Gas stationlFood Mart - 6:OO a.m. until 11:OO p.m.; daily
PC RES0 NO. 4739 -4- 041
1
7 -
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
6.
7.
8.
9.
10.
11.
Any future proposal for the retail sale of alcoholic beverages shall be subject to
review by the Ci@ of Carlsbad Police Department.
This approval is granted only for the sale of ready-to-eat food and canned or bottled
beverages within the food mart. Food shall be precooked or prepared at another
location and only heated on the site. No stoves or ovens for the cooking or
preparation of food, nor tableware or dishwashing facilities (other than a standard
sink) shall be permitted. This business shall operate as a takeout business only. No
tables or chairs shall be provided for the consumption of food on the premises. Any
future proposal to locate a hot foodfast food vendor(s) within the food mart shall he
considered an intensification of use and will require an amendment to the
Conditional Uae Permit.
All exterior lighting shall be shielded or oriented in such a way so as not to glare on
adjacent properties.
All displays and storage shall be contained within.the main structure.
Trash containers shall be contained within a six-foot high enclosure.
All signs shall be permitted in accordance with the CommereiaWisitor Serving
Overlay Zone as provided in Chapter 21.208 of the Carlsbad Municipal Code and
the approved sign program for Poinsettia Village Shopping Center. The Developer
shall submit an application for a Sign Program Amendment which incorporates the
proposed Chevron signage. The monument sign shall not exceed 4’ in height. The
proposed signs shall be modified so that the total sign area does not exceed 54 sq. ft.,
with the exception that an additional 16 sq. ft. of signage may be permitted on the
monument sign to advertise the price of fuel, in conformance with Section 21.41.074
of the Carlsbad Municipal Code.
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 from date of final approval to protest imposition of these fees/exactions. 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
PC RES0 NO. 4739 -5- 2:
e City of Carlsbad
DISCLOSURE STATEMENT
Applicant’s statement or disclosure of certain ownership interests on all applications which will require
discretionary action on the part of the City Council or any appointed Board, Commission or Committee.
The following information MUST be disclosed at the time of application submittal. Your project cannot
be reviewed until this information is completed. Please print.
Note:
Person is defmed as “Any individual, fum, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, tlust, receiver, syndicate, in this and any other county, city and county, city
municipality, dismct or other political subdivision or any other group or combination acting as a unit.”
Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below.
1.
2.
APPLICANT (Not the applicant’s agent)
Provide the COMPLETE. LEGAL names and addresses of persons having a financial
interest in the application. If the applicant includes a comoration or Dartnershiu, include the
names, title, addresses of all individuals owning more than 10% of the shares. IF NO
APPLICABLE (NIA) IN THE SPACE BELOW If a publiclv-owned comoration, include the
names, titles, and addresses of the corporate officers. (A separate page may be attached if
necessarv.)
INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-
Title P/zeo-L’cQ”. Title
OWNER (Not the owner’s agent)
Provide the COMPLETE, LEGAL names.and addresses of persons having any ownership
interest in the property involved. Also, provide the nature of the legal ownership (i.e,
partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a
comoration or Dartnershio, include the names, title, addresses of all individuals owning more
than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES,
PLEASE INDICATE NON-APPLICABLE @/A) IN THE SPACE BELOW. If a publiclv-
page may be attached if necessary.)
owned cornoration, include the names, titles, and addresses of the corporate officers. (A separate
Person A DELAWARE LIMITED PARTNERSHIP
Title
Address
DONAHUE SCHRIBER REALTY, GROUP, L.P.
BY: DONAHUE SCHRIBER ASSET MANAGEMENT
Its;2nior Property Nanager
1635 Faraday Avenue - Carlsbad, CA 92008-7314 (760) 602-4600 - FAX (760) 602-8559 @
34
3. NON-PROFIT O&ZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonurofit organization or a trust. list the
names and addresses of person serving as an officer or director of the non-profit
organization or as trustee or beneficiary of the.
Non Profinrust Non Profiflrust
Title Title
Address Address
4. Have you had more than $250 worth of business transacted with any member of City staff,
Boards, Commissions, Committees and/or Council within the past twelve (1 2) months? 0 Yes No If yes, please indicate person(s):
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge.
.. ,\ / -/&’kdL . 7h312.J -
Signpdre of own,”, date Signature of applicanvdate /
Print or type name of applicant
DONAHUE SCHRIBER REALTY GROUP, L.P.
A DELAWARE LIMITED PARTNERSHIP
BY: Donahue Schriber Asset Gorp., a-
Delaware corp.
By: Pamela Hartwell
Its: Senior Property Manager -
H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 a 5.-
BACKGROUND DATA SHEET
CASE NO: CUP 99-15(A)
CASE NAME: Chevron Poinsettia Village
APPLICANT: K. B. Narain
REQUEST AND LOCATION: Amend the hours of operation for an existine car wash located at
the Chevron gas station within the Poinsettia Village Shouping Center on the northeast side of
Avenida Encinas, south of Poinsettia Lane.
LEGAL DESCRIPTION: Parcel 11 of Parcel Map No. 15187, in the Citv of Carlsbad. County
of San Dieeo, State of California. filed in the Office of the Countv Recorder of San Dieeo Countv,
March 28. 1988, Recorder’s File No. 88-140044
APN: 214-430-23 Acres: 1.14 Proposed No. of LotsNnits: 1
GENERAL PLAN AND ZONING
Land Use Designation: T-R/C (Travel-Recreation Commercial/Communitv Commercial)
Density Allowed: N/A Density Proposed: N/A
Existing Zone: C-2-0 - General Commercial -0 Overlay Zone Proposed Zone: N/A
Surrounding Zoning, General Plan and Land Use:
Zonine General Plan
Site C-2-Q T-R/L
North C-2-Q T-R/L
South C-2-Q T-R/L
East C-2-Q T-R/L
West RMHP RM
Current Land Use
Gas Statiodcar wash
Vacant
Vacant
Poinsettia Village
Shopping Center
Lakeshore Gardens
Mobile Home Park
PUBLIC FACILITIES
School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity): 1.2
ENVIRONMENTAL IMPACT ASSESSMENT 0 Mitigated Negative Declaration, issued
0 Certified Environmental Impact Report, dated
Other, Categorically Exemut. Section 15301 (Existing Facilities)
Meslre Crew Associates
Report #01-252
November 1.2001
Mr. Kanwan Narain
P.O. Box 1918
Rancho Santa Fe, CA 92067-1918
Subjet: Poinsettia Village Chevron Car Wash Noim Measurements at the Lakeshore Gardens Mobile Home Park
Dear Mr. Ndn:
During the afternoon of Wednesday October 24,2001 we performed noise measurementsat
the Lakeshore Gardens Mobile Home Park of the noise generated by the Poinsettia Village
Chevron car wash. The conditions of approval placed on the car wash by the City of Carlsbad
rquirr the noise generated by the car wash to not exceed 43 dBA at the interior of the mobile
homes located across Avenida Encinas. The measurements wen taken at the rear bedrooms
nearest the car wash of the mobile homes located at 7218 and 7228 San Bartolo. These
homes were selecred because of how they are located relative to the enqance and exit opening
s of the car wash. Their relation to the opening and exit rcsult in them receiving the highest
noise levels from the car wash.
In January we performed noise measurements at 7218 and 7230 San Bartolo to establish a
baseline noise level prior to construction of the car wash (Mesue Grcve Letter Report MI-27
to Mr. -wan Narain, January 18,2001). The resident at 7230 San Battolo would not grant
us permission to repeat the measurements at her home with the car wash in operation. We
were able to get permission to make measurements at the neighbor's home at 7228 San
Bartolo. Based on observations outside of the homes there is not significant difference in the
noise levels from the car wash at the two homes. In fact the noisc from the car wash may be
slightly louder at 7228 San Bartolo.
260 Newport Center Drive, Suite 230 Newporl Beach. CA 92660 * (949) 7G0.0891 *Far (949) 769-1928
27
t;cw-ol-’am 14: ;LI 3.02.02
r .. insettia Village Chevron
Page 2 - -
The noise measurements were performed with Briiel and Kjrr 2236 sound level meters. These meters satisfy American National Standards Institute (ANSI) Type 1 specifications,
which require the most accuracy. The meters arc checked and calibrated annually with
calibration traceable to the National Institute of Standards and Technology (NIST). The
meters wen acoustically calibrated before the measurements using a calibrator with
calibration traceable to the NIST. The calibration of the meters was acoustically checked at
the end of the measurements.
Noise measurements were made for six canvash cycles. For most of a car wash cycle, activity
was inaudible outdoors at the mobile home park. Water spraying was slightly audible outside
during one ponion of each cycle. As expected, the blower fan cycle nsulted in the highest
noise levels hm the car wash. Noise levels from the car wash never exceeded 36 dBA insidc
he mobile homer during the blower fan operation. TIUS is well below the 43 dBA conditlon
placed on the project. There is no reason to believe that noise levels from the car wash would
ever approach or exceed 43 dBA inside the mobile homes.
If you have any questions or rcquin any additional information please do not hesitate io call.
Sincenly,
Cc: Stuart Fisk, Hoffman Planning via FAX
Poinsettia Chevron car wash is currently allowed to operate only from
Since most people start work around 8 a.m. and leave from work
We are requesting that the City of Carlsbad permit the car wash to be
If you would support this request please sign this petition.
POINSETTIA CHEVRON
9 a.m. to 5 p.m.
around 4 to 6 p.m., they cannot use the car wash except on the weekends.
operated from 7a.n to 9 p.m.
Name Residence or Work Address Signature Date
Poinsettia Chevron car wash is currently allowed to operate only from
Since most people start work around 8 a.m. and leave from work
We are requesting that the City of Carlsbad permit the car wash to be
If you would support this request please sign this petition.
POINSETTIA CHEVRON
9 a.m. to 5 p.m.
around 4 to 5 p.m., they cannot use the car wash except on the weekends.
operated from 7a.m. to 9 p.m.
Name Residence or Work Address Signature Date
"""""";""""""~""""""- c%Y4L/Lq CA ?zsc//
Poinsettia Chevron car wash is currently allowed to operate only from
Since most people start work around 8 a.m. and leave from work
We are requesting that the City of Carlsbad permit the car wash to be
If you would support this request please sign this petition.
' POINSETTIA CHEVRON
9 a.m. to 6 p.m.
around 4 to 5 p.m., they cannot use the car wash except on the weekends.
operated from 7a.m. to 9 p.m.
Pin?
Name Residence or Work Address
#li?Y( KkL< 9vs- Nsp.- C+
/- ' /+%w2 """""""""_""""" Lo $ "__"""""_ 1- L!L' IL y/ &- & """"""""-"""""""" MP l%i!&%B@&y& r;pG]
+&y pxbg<Grq L/SY rz/i~r(~f/+y \of figy ~/p& l$.&i
&bina& - """"-" """"""""_"""""""""" 'rv 434 4 L&&?$+f- ifif
&"& """" L 1t-k 3 (./ -
1 """"- " """""-"" """ "- """""""""_""""""" """"___"_"""_ """""""""__"~
__""""
43 4-
Wbsm s;4,4 L- PVk[i/
f04" b533 h"A cx, 9 &$' 4/3/0/ "-7"""- .................................... -
----------- .................... "" zQ. kccm ked' 937 eeyn ;a CY f7-iCr-a
Poinsettia Chevron car wash is currently allowed to operate only from
Since most people start work around 8 a.m. and leave from work
We are requesting that the City of Carlsbad permit the car wash to be
If you would support this request please sign this petition.
POINSETTIA CHEVRON
9 a.m. to 5 p.m.
around 4 to 5 p.m., they cannot use the car wash except on the weekends.
operated from 7a.m. to 9 p.m.
PHkt
Name Residence or Work Address Signature Date
34
Poinsettia Chevron car wash is currently allowed to operate only from
Since most people start work around 8 a.m. and leave from work
We are requestihg that the City of Carlsbad permit the car wash to be
If you would support this request please sign this petition.
POINSETTIA CHEVRON
9 a.m. to 5 p.m.
around 4 to 5 p.m., they cannot use the car wash except on the weekends.
operated from 7a.m. to 9 p.m.
/+At
Name Residence or Work Address Signature ' Date
lii """""- & - "" I ?Oh7 Mhd-uh' y. """""""I" """""_
@@j&)iu\e Lb35 hk!!d
"""""""""_"""""""""""""""""""""""" E97* .. """
" """"- """"""""""""""~
d
" /p/?~, "L "" *&L i """""""""""""""""" ..i h/;q ci~ L -A- 1 & I """""_ I /
33
Poinsettia Chevron car wash is currently allowed to operate only from
Since most people start work around 8 a.m. and leave from work
We are requesting that the City of Carlsbad permit the car wash to be
If you would support this request please sign this petition.
POINSETTIA CHEVRON
9 a.m. to 6 p.m
around 4 to 5 p.m., they cannot use the car wash except on the weekends.
operated from 7a.m to 9 p.m.
Name Residence or Work Address Signa..
Poinsettia Chevron car wash is currently allowed to operate only from
Since most people start work around 8 a.m. and leave from work
We are requesting that the City of Carlsbad permit the car wash to be
If you would support this request please sign this petition.
POINSETTIA CHEVRON
9 a.m. to 5 p.m
around 4 to 5 p.m., they cannot use the car wash except on the weekends.
operated from 7a.m to 9 p.m.
Name Residence or Work Address Signature Date
$3 8
u ----"-----"----"""" bbwa Noxi """ "- """""""" 7444 """""""""""""""""" stcu/l Oriff, Caulshd 4 """ but@(, "" - $&&" ................................................................................... f)&& - L3& Y.&- p, &k/idGTkdC c "" li/+ $b K ~4 Eulbi 3+evett p- %i LJ~,/!
Cal-kWl L*
_"" """"""""I "_ ................................. N&&h$icfis:@T 7 """" L7iC7 &&up% 6&9- "" I~[&)j(&$Lji$./, ' pjp ?
35
Poinsettia Chevron car wash is currently allowed to operate only from
Since most people start work around 8 a.m. and leave from work
We are requesting that the City of Carlsbad permit the car wash to be
If you would support this request please sign this petition.
POINSETTIA CHEVRON
9 a.m to 6 p.m
around 4 to 6 p.m, they cannot use the car wash except on the weekends.
operated from 7a.m to 9 p.m.
Name Residence or Work Address Signature Date
""""_
Since most people start work around 8 a.m. and leave from work
We are requesting that the City of Carlsbad permit the car wash to be
If you would support this request please sign this petition.
POINSETTIA CHEVRON
around 4 to 5 p.m., they cannot use the car wash except on the weekends.
operated from 7a.m. to 9 p.m..
Name Residence or Work Address Signature Date
37
Poinsettia Chevron car wash is currently allowed to operate only from
Since most people start work around 8 a.m. and leave from work
We are requesting that the City of Carlsbad permit the car wash to be
If you would support this request please sign this petition.
POINSETTIA CHEVRON
9 a.m. to 5 p.m.
around 4 to 5 p.m., they cannot use the car wash except on the weekends.
operated from 7a.m to 9 p.m.
Name Residence or Work Address Signature Date
......................... """""""_
.\I h~ @QW& d7 p/L ---------""--------""""""""""""""~
----------"---"---"" I/ ~H~ILJ ?!ki$mw ""_ """""__"______"""""" loo3 ~7 _____"""""__"_____________________""""""" %w,iif.5 .J ~;L?LP//~L> ll/2(l0'
n
38
Poinsettia Chevron car wash is currently allowed to operate only from
Since most people start work around 8 a.m. and leave from work
We are requesting that the City of Carlsbad permit the car wash to be
If you would support this request please sign this petition.
POINSETTIA CHEVRON
9 a.m. to 5 p.m.
around 4 to 5 p.m., they cannot use the car wash except on the weekends.
operated from 7a.m. to 9 p.m.
39
Poinsettia Chevron car wash is currently allowed to operate only from
Since most people start work around 8 a.m. and leave from work
We are requesting that the City of Carlsbad permit the car wash to be
If you would support this request please sign this petition.
POINSETTIA CHEVRON
9 a.m. to 5 p.m.
around 4 to 5 p.m., they cannot use the car wash except on the weekends.
operated from 7a.m to 9 p.m.
Prinj Name Residence or Work Address Signature Date
%Q
' &q~ ci c. ccucn. \L&& =l&oo?: ty- -
"""""""" - """""""""""""""- ""
Poinsettia Chevron car wash is currently allowed to operate only from
Since most people start work around 8 a.m. and leave from work
We are requesting that the City of Carlsbad permit the car wash to be
If you would support this request please sign this petition.
POINSETTIA CHEVRON
9 a.m. to 6 p.m.
around 4 to 5 p.m., they cannot use the car wash except on the weekends.
operated from 7a.m. to 9 p.m.
Name Residence or Work Address Signature Date
Poinsettia Chevron car wash is currently allowed to operate only from
Since most people start work around 8 a.m. and leave from work
We are requesting that the City of Carlsbad permit the car wash to be
If you would support this request please sign this petition.
POINSETTIA CHEVRON
9 a.m. to 5 p.m.
around 4 to 5 p.m., they cannot use the car wash except on the weekends.
operated from 7a.m to 9 p.m.
Name Residence or Work Address Signature Date
Poinsettia Chevron car wash is currently allowed to operate only from
Since most people start work around 8 a.m. and leave from work
We are requesting that the City of Carlsbad permit the car wash to be
If you would support this request please sign this petition.
POINSETTIA CHEVRON
9 a.m. to 5 p.m.
around 4 to 5 p.m., they cannot use the car wash except on the weekends.
operated from 7a.m to 9 p.m.
43
Poinsettia Chevron car wash is currently allowed to operate only from
Since most people start work around 8 a.m. and leave from work
We are requesting that the City of Carlsbad permit the car wash to be
If you would support this request please sign this petition.
POINSETTIA CHEVRON
9 a.m. to 5 p.m.
around 4 to 5 p.m., they cannot use the car wash except on the weekends.
operated from 7a.m. to 9 p.m.
Fr/;lS Name Residence or Work Address Signature Date
I! /'
.,
Poinsettia Chevron car wash is currently allowed to operate only from
Since most people start work around 8 a.m. and leave from work
We are requesting that the City of Carlsbad permit the car wash to be
If you would support this request please sign this petition.
POINSETTIA CHEVRON
9 a.m. to 5 p.m.
around 4 to 5 p.m., they cannot use the car wash except on the weekends.
operated from 7a.m. to 9 p.m.
Name Residence or Work Address ".-Signature . Date
$$? Xl.dS-LL Ld+ : Gq' y(,
i-
----"------"---"""""""""""""""""""""" - """" z_nd // -1-1 """""" I
" DOUG ............................................ ~~!c wsc $OJvlrUk e,,uwc """""_ (J "_ _""""""""""" a (//%JfL -
Poinsettia Chevron car wash is currently allowed to operate only from
Since most people start work around 8 a.m. and leave from work
We are requesting that the City of Carlsbad permit the car wash to be
If you would support this request please sign this petition.
POINSETTIA CHEVRON
9 a.m. to 5 p.m.
around 4 to 5 p.m., they cannot use the car wash except on the weekends.
operated from 7a.m. to 9 p.m.
prht
Name Residence or Work Address Signature Date
Poinsettia Chevron car wash is currently aliowed to operate only from
Since most people start work around 8 a.m. and leave from work
We are requesting that the City of Carlsbad permit the car wash to be
If you would support this request please sign this petition.
POINSETTIA CHEVRON
9 a.m. to 6 p.m
around 4 to 5 p.m., they cannot use the car wash except on the weekends.
operated from 7a.m to 9 p.m.
Prr nt
Name Residence or Work Address Signature Date
Poinsettia Chevron car wash is currently allowed to operate only from
Since most people start work around 8 a.m. and leave from work
We are requesting that the City of Carlsbad permit the car wash to be
If you would support this request please sign this petition.
POINSETTIA CHEVRON
9 a.m. to 5 p.m.
around 4 to 5 p.m., they cannot use the car wash except on the weekends.
operated from 7a.m. to 9 p.m.
PA?
Name Residence or Work Address Signature Date
Poinsettia Chevron car wash is currently allowed to operate only from
Since most people start work around 8 a.m. and leave from work
We are requesting that the City of Carlsbad permit the car wash to be
If you would support this request please sign this petition.
9 a.m. to 5 p.m.
around 4 to 5 p.m., they cannot use the car wash except on the weekends.
operated from 7a.m. to 9 p.m.
FGt POINSETTIA CHEVRON
Name Residence or Work Address Signature Date I
49
Poinsettia Chevron car wash is currently allowed to operate only from
Since most people start work around 8 a.m. and leave from work
We are requesting that the City of Carlsbad permit the car wash to be
If you would support this request please sign this petition.
POINSETTIA CHEVRON
9 a.m. to 6 p.m.
around 4 to 6 p.m, they cannot use the car wash except on the weekends.
operated from 7a.m. to 9 p.m.
Prht
Name Residence or Work Address Signature Date
""""_ <%Cr_ "" """""""""- 930 """"""""""""""""""""""""""""- (\/\e\i\LICe\,& CL,4jhi I c ""I"""""" 'i
&/5& la/ JJq
I!
""-I- _""""__""__""""---"--""--"--- ---------- -----
Planning Commission Minutes DRAFT Page
EXHIBIT 5 October 16.2002
2. CDP 02-13 - McELROY RESIDENCE ADDITION - Request for approval of a Coastal
Development permit to allow for the remodeling of a single-family residence within the City's
Coastal Zone located at 2440 Buena Vista Circle, within the Local Facilities Management Zone 1.
4. CUP 99-15(A) - CHEVRON POINSETTIA VILLAGE - Request for a Conditional Use Permit
Amendment to allow a modification to the hours of operation for the Chevron Poinsettia Village car
wash located within the Poinsettia Village Shopping Center on the northeast side of Avenida
CommercialNisitor Serving Overlay Zone, and Local Facilities Management Zone 9.
Encinas, south of Poinsettia Lane in the C-2-Q zone, within the City's Coastal Zone, the
Mr. Wayne stated that agenda items 2, 3, and 4 are normally heard in a public hearing context, however,
these projects are minor and routine in nature with no outstanding issues and Staff recommends approval
of all. He recommended they be acted upon and voted on as a group. If the Commission or someone from the public wishes to discuss or pull an item then Staff would be available to respond to questions. He
stated the Commission's action is final on items 2 and 3 unless appealed to the City Council. Item 4
would be forwarded to the City Council due to its location in the Tourist-Serving Overlay.
Item 3 was pulled because there was a request to speak on the item
Associate Planner, stated that property owners within 600 feet were noticed and no complaints or phone
Commissioner Segall asked if anyone had concerns or complaints on Item M. Barbara Kennedy,
calls were received by the Planning Department or Code Enforcement.
MOTION
ACTION: Motion by Commissioner Baker and duly seconded, to adopt the Staff recommendations on Items 2 and 4. (CDP 02-13 and CUP 99-15(A))
VOTE: 7-0-0
AYES: Chairperson Trigas, Commissioners Baker, Dominguez, Heineman, Segall,
White, and Whitton
ABSTAIN: NOES: None None
PROOF OF PUBLICATION
(2010 & 2011 C*C*P*)
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident of
the County aforesaid: I am over the age of eighteen
years and not a party to or interested in the
above-entitled matter. I am the principal clerk of
the printer of
North County Times
Former!.; hswn 2s the Blade-Citizen and The
Times-Advocate and which newspapers have been
adjudicated newspapers of general circulation by
the Superior Court of the County of San Die
State of California, for the County of San Die
that the notice of which the annexed is a prir
copy (set in type not smaller than nonpariel),
been published in each regular and entire issue
said newspaper and not in any supplement ther
on the following dates, to-wit:
NOVERBER 8,2002
I certify (or declare) under penalty of perjury t
the foregoing is true and correct.
Dated at SkN IviARCOS ,- Caiifon
this 8TH
of NOVERBER, 2002
This space is for the County Clerk's Filing Stamp
Proof of Publication of
I Darticularlv described as: I' Parcel 11 of Parcel Map No. 15187, in the City of Carlsbad, Count of San Die 0, State of Cal$ornia filed in the Office of the County Recorder of san Dlego County, darch 28,19&, Recorder s I.& No 88-140044.
IGJOU chal1,enge the Conditional Use Permit Amendment in court, you may-be limited to raising o v those issues vou or someone else rased at the pubh
CASE FILE:
CUP 99-15(A)
CASE NAME:
POINSETTIA VILLAGE CHEVRON
PUBLISH:
FRIDAY, NOVEMBER 8,2002
CITY OF CARLSBAD CHEVRON POINSETIA VILLAGE CITY COUNCIL CUP 99-1 5(A)
Signature
NORTH COUNTY TIMES
Legal Advertising
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public
hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO
p.m. on Tuesday, November 19,2002, to consider a request for a Conditional Use Permit
Amendment to allow a modification to the hours of operation for the Chevron Poinsettia Village
car wash located within the Poinsettia Village Shopping Center on the northeast side of Avenida
Encinas, south of Poinsettia Lane in the C-2-Q zone, within the City’s Coastal Zone, the
CommercialNisitor Serving Overlay Zone, and Local Facilities Management Zone 9 and more
particularly described as:
Parcel 11 of Parcel Map No. 151 87, in the City of Carlsbad,
County of San Diego, State of California, filed in the Office of the
County Recorder of San Diego County, March 28, 1988,
Recorder’s File No. 88-140044.
Those persons wishing to speak on this proposal are cordially invited to attend the public
hearing. Copies of the staff report will be available on and after Friday, November 15,2002. If
you have any questions, please call Barbara Kennedy in the Planning Department at (760) 602-
4626.
If you challenge the Conditional Use Permit Amendment in court, you may be limited to raising
only those issues you or someone else raised at the public hearing described in this notice of in
written correspondence delivered to the City of Carlsbad, Attn: Carlsbad City Clerk’s Office,
1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing.
CASE FILE: CUP 99-15(A)
CASE NAME: CHEVRON POINSETTIA VILLAGE
PUBLISH: FRIDAY, NOVEMBER 8,2002
CITY OF CARLSBAD
CITY COUNCIL
CHEVRON POINSETTIA VILLAGE
CUP 99-1 5(A)
Smooth Feed SheetsTM Use template for 5160@
CARLSBAD UNlF SCHOOL DlST CITY OF ENClNlTAS CITY OF SAN MARCOS
801 PINE AVE 505 S VULCAN AVE 1 CIVIC CENTER DR
CARLSBAD CA 92008 ENClNlTAS CA 92024 SAN MARCOS CA 92069-2949
CITY OF OCEANSIDE CITY OF VISTA
300 NORTH COAST HWY PO BOX 1988
OCEANSIDE CA 92054 VISTA CA 92085
SD COUNTY PLANNING
STE B
5201 RUFFIN RD
SAN DIEGO CA 92123
CALIF DEPT OF FISH & GAME REGIONAL WATER QUALITY SANDAG
4949 VIEWRIDGE AVE STE 100 STE 800
SAN DIEGO CA 92123 9174 SKY PARK CT 401 B STREET
SAN DIEGO CA 92123-4340 SAN DIEGO CA 92101
LAFCO AIR POLLUTION CNTRL DlST I.P.U.A.
SCHOOL OF PUBLIC ADMIN AND 1600 PACIFIC HWY 9150 CHESAPEAKE DR
SAN DIEGO CA 92101 SAN DIEGO CA 92123 URBAN STUDIES
SAN DIEGO STATE UNIVERSITY
SAN DIEGO CA 92182-4505
U.S. FISH &WILDLIFE CA COASTAL COMMISSION
6010 HIDDEN VALLEY RD STE 103
CARLSBAD CA 92009 7575 METROPOLITAN DR
SAN DIEGO CA 92108-4402
CITY OF CARLSBAD CITY OF CARLSBAD CITY OF CARLSBAD
PUBLIC WORKSICOMMUNITY PUBLIC WORKSlENGlNEERlNG MUNICIPAL WATER DISTRICT
SERVICES DEPT
CITY OF CARLSBAD
PROJECT PLANNER
BARBARA KENNEDY
10/29/2002
AVERYB Address Labels Laser 5160@
LAKESHORE GARDENS PROPE
18915 NORDHOFF ST 5
DONAHUE SCHRIBER REALTY
2235 FARADAY AVE 0
CARLSBAJJ CA 92008-7215 NORTHRIDGE CA 91324-3790
PAY LESS DRUG STORES NO PO BOX 8431
RALPHS GROCERY CO
1100 W ARTESIA BLVD
HARRISBURG PA 17105-8431 CA 92008-7215 COMPTON CA 90220-5186
DONAHUE SCHRIBE CALVARY CHAPEL NORTH CO MITCHELL LAND&IMPROVEME
7188 AVENIDA ENCINAS 2919 GARDENA AVE
CARLSBAD CA 92009-4664 LONG BEACH CA 90806-1914
DONAHUE SCHRIBER REALTY
200 BAKER ST E 100 2235 F
COSTA MESA CA 92626-4551 CAR CA 92008-7215 CARL CA 92008-7215
ROBERT E BRUCE KAY T MOORSTEEN
6272 SILVERWOOD DR
HUNTINGTON BE 92647-3364 SAN ANTONIO T 78217-5240
1777 NE LOOP 410 1250
*** 14 Printed ***
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public
hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO
p.m. on Tuesday, [DATE], 2002, to consider a request for a Conditional Use Permit
Amendment to allow a modification to the hours of operation for the Chevron Poinsettia Village
car wash located within the Poinsettia Village Shopping Center on the northeast side of Avenida
Encinas, south of Poinsettia Lane in the C-2-Q zone, within the City's Coastal Zone, the
CommercialNisitor Serving Overlay Zone, and Local Facilities Management Zone 9 and more
particularly described as:
Parcel 11 of Parcel Map No. 15187, in the City of Carlsbad.
County of San Diego, State of California, filed in the Office of the
County Recorder of San Diego County, March 28, 1988,
Recorder's File No. 88-140044
Those persons wishing to speak on this proposal are cordially invited to attend the public
hearing. Copies of the staff report will be available on and after [DATE], 2002. If you have any
questions, please call Barbara Kennedy in the Planning Department at (760) 602-4626.
If you challenge the Conditional Use Permit Amendment in court, you may be limited to raising
only those issues you or someone else raised at the public hearing described in this notice or in
written correspondence delivered to the City of Carlsbad at or prior to the public hearing.
CASE FILE: CUP 99-1 5(A)
CASE NAME: CHEVRON POINSETTIA VILLAGE
PUBLISH: [DATE]
CITY OF CARLSBAD
CITY COUNCIL
CHEVRON POINSETTIA VILLAGE
CUP 99-1 5(A)
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public
hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO
p.m. on Tuesday, January 14, 2003, to consider a request for a Conditional Use Permit
Amendment to allow a modification to the hours of operation for the Chevron Poinsettia Village
car wash located within the Poinsettia Village Shopping Center on the northeast side of Avenida
Encinas, south of Poinsettia Lane in the C-2-Q zone, within the City’s Coastal Zone, the
CommercialNisitor Serving Overlay Zone, and Local Facilities Management Zone 9 and more
particularly described as:
Parcel 11 of Parcel Map No. 15187, in the City of Carlsbad,
County of San Diego, State of California, filed in the Office of the
County Recorder of San Diego County, March 28, 1988,
Recorder’s File No. 88-140044
Those persons wishing to speak on this proposal are cordially invited to attend the public
hearing. Copies of the staff report will be available on and after January 10, 2003. If you have
any questions, please call Barbara Kennedy in the Planning Department at (760) 602-4626.
If you challenge the Conditional Use Permit Amendment in court, you may be limited to raising
only those issues you or someone else raised at the public hearing described in this notice or in
written correspondence delivered to the City of Carlsbad at or prior to the public hearing.
CASE FILE: CUP 99-15(A)
CASE NAME: CHEVRON POINSETTIA VILLAGE
PUBLISH: DECEMBER 31.2002
CITY OF CARLSBAD
CITY COUNCIL
CHEVRON POINSETTIA VILLAGE
CUP 99-1 5(A)
PROOF OF PUBLICATION
(2010 & 2011 C.C.P.)
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident of
the County aforesaid: I am over the age of eighteen
years and not a party to or interested in the
above-entitled matter. I am the principal clerk of
the printer of
North County Times
Proof of Publication of
Formerly lil-rowa as the Blade-Citizen and The
Times-Advocate and which newspapers have been
adjudicated newspapers of general circulation by
the Superior Court of the County of San Diego,
State of California, for the County of San Diego,
that the notice of which the annexed is a printed
copy (set in type not smaller than nonpariel), has
been published in each regular and entire issue of
said newspaper and not in any supplement thereof
on the following dates, to-wit:
I Parcel 11 of Parcel Map No. 15187 in th City of Carlsbad Con of San
Diego'County, March 28,'1988. Recorder's File No. 88-l& Diego state of California filed in he office of the coun *RecoAr of san
DECEMBER 31,2002
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at SAN MARCOS, California
this 4TH day
of JANUARY, 2003
Signature
molls wishing to spk on this pro osal are cordially invited to attend% public heann . o xes of the stafre rt wdl be available on and gter January 10 2003. Ikyou iave any questionrplease call Barbara Kern& I at (760) 602-446. III the~lannln bepartment
If ou challe e the Cgnditional &e Permit Amendment in court you
only those issues you or may be limited to ra&mg
Kblic hearing de+ibed in someone else raised at the
nohce or m wntten cor- respondence delivered to
pnor athe publx heanng. the Ci of Carlsbad at or
CUP 99-15(A) CASE FILE.
CHEVRON POINSElTIA CASE NAME
VILLAGE
PUBLISH: DECEMBER 31,2002
CITY OF CARLS BAD
CITY COUNCIL CHEVRON POINSETTIA VILLAGl
CUP 99-15(A)
NORTH COUNTY TIMES
Legal Advertising
This space is for the County Clerk's Filing Stamp
Smooth Feed SheetsTM Use template for 5160@
'CARLSBAD UNlF SCHOOL DlST
801 PINE AVE
CARLSBAD CA 92008
CITY OF OCEANSIDE
300 NORTH COAST HWY
OCEANSIDE CA 92054
CALIF DEPT OF FISH & GAME
4949 VIEWRIDGE AVE
SAN DIEGO CA 92123
LAFCO
1600 PACIFIC HWY
SAN DIEGO CA 92101
U.S. FISH &WILDLIFE
6010 HIDDEN VALLEY RD
CARLSBAD CA 92009
CITY OF CARLSBAD
PUBLIC WORKSKOMMUNITY
SERVICES
CITY OF CARLSBAD
PROJECT PLANNER
BARBARA KENNEDY
CITY OF ENClNlTAS
505 S VULCAN AVE
ENClNlTAS CA 92024
CITY OF VISTA
PO BOX 1988
VISTA CA 92085
REGIONAL WATER QUALITY
STE 100
9174 SKY PARK CT
SAN DIEGO CA 92123-4340
AIR POLLUTION CNTRL DlST
9150 CHESAPEAKE DR
SAN DIEGO CA 92123
CA COASTAL COMMISSION
STE 103
7575 METROPOLITAN DR
SAN DIEGO CA 92108-4402
12/10/2002
aAVERY@ Address Labels
CITY OF CARLSBAD
PUBLIC WORKSlENGlNEERlNG
DEPT
CITY OF SAN MARCOS
1 CIVIC CENTER DR
SAN MARCOS CA 92069-2949
SD COUNTY PLANNING
STE B
5201 RUFFIN RD
SAN DIEGO CA 92123
SANDAG
STE 800
401 B STREET
SAN DIEGO CA 92101
I.P.U.A.
SCHOOL OF PUBLIC ADMIN AND
URBAN STUDIES
SAN DIEGO STATE UNIVERSITY
SAN DIEGO CA 92182-4505
K. B. NARAIN
NARAIN OIL
PO BOX 1918
RANCHO SANTA FE CA 92067-1918
CITY OF CARLSBAD
MUNICIPAL WATER DISTRICT
Laser 51608
Smooth Feed SheetsTM Use template for 5160@
OCCUPANT
CARLSBAD
7222 SAN BARTOLO
CA 92009
OCCUPANT
7223 SAN BARTOLO
CARLSBAD
CA 92009
OCCUPANT
7224 SAN BARTOLO
CARLSBAD
CA 92009
OCCUPANT
7225 SAN BARTOLO
CARLSBAD
CA 92009
OCCUPANT
1226 SAN BARTOLO
CARLSBAD
CA 92009
OCCUPANT
7227 SAN BARTOLO
CAULSBAD
CA 92009
OCCUPANT
7228 SAN BARTOLO
CARLSBAD
CA 92009
OCCUPANT
7229 SAN BARTOLO
CARLSBAD
CA 92009
OCCUPANT
7230 SAN BARTOLO
CARLSBAD
CA 92009
OCCUPANT
CARLSBAD
723 1 SAN BARTOLO
CA 92009
OCCUPANT
CARLSBAD
7232 SAN BARTOLO
CA 92009
OCCUPANT
7233 SAN BARTOLO
CARLSBAD
CA 92009
OCCUPANT
7302 SAN BARTOLO
CARLSBAD
CA 92009
OCCUPANT
7303 SAN BARTOLO
CARLSBAD
CA 92009
OCCUPANT
CARLSBAD
7304 SAN BARTOLO
CA 92009
OCCUPANT
7307 SAN BARTOLO
CARLSBAD
CA 92009
OCCUPANT
CARLSBAD
7305 SAN BARTOLO
CA 92009
OCCUPANT
7306 SAN BARTOLO
CARLSBAD
CA 92009
OCCUPANT
CARLSBAD
7310 SAN BARTOLO
CA 92009
OCCUPANT
7308 SAN BARTOLO
CARLSBAD
CA 92009
OCCUPANT
7309 SAN BARTOLO
CARLSBAD
CA 92009
OCCUPANT
73 1 1 SAN BARTOLO
CARLSBAD
CA 92009
OCCUPANT
13 12 SAN BARTOLO
CARLSBAD
CA 92009
OCCUPANT
CARLSBAD
73 13 SAN BARTOLO
CA 92009
OCCUPANT
73 14 SAN BARTOLO
CARLSBAD
CA 92009
OCCUPANT
CARLSBAD
73 15 SAN BARTOLO
CA 92009
OCCUPANT
7316 SAN BARTOLO
CARLSBAD
CA 92009
OCCUPANT
73 17 SAN BARTOLO
CARLSBAD
CA 92009
OCCUPANT
73 18 SAN BARTOLO
CARLSBAD
CA 92009
OCCUPANT
7319 SAN BARTOLO
CARLSBAD
CA 92009
Laser 5260TM AVERY@ Address Labek
Smooth Feed SheetsTH Use template for 516@"'
OCCUPANT
7307 SAN BENITO
CARLSBAD
CA 92009
OCCUPANT
CARLSBAD
7308 SAN BENITO
CA 92009
OCCUPANT
CARLSBAD
7309 SAN BENITO
CA 92009
OCCUPANT
13 IO SAN BENITO
CARLSBAD
CA 92009
OCCUPANT
73 11 SAN BENITO
CARLSBAD
CA 92009
OCCUPANT
73 12 SAN BENITO
CARLSBAD
CA 92009
OCCUPANT
1313 SAN BENITO
CARLSBAD
CA 92009
OCCUPANT
73 14 SAN BENITO
CARLSBAD
CA 92009
OCCUPANT
73 I5 SAN BENITO
CARLSBAD
CA 92009
OCCUPANT
73 16 SAN BENITO
CARLSBAD
CA 92009
OCCUPANT
73 17 SAN BENITO
CARLSBAD
CA 92009
OCCUPANT
7318 SAN BENITO
CARLSBAD
CA 92009
OCCUPANT
7002 SAN CARLOS
CARLSBAD
CA 92009
OCCUPANT
7003 SAN CARLOS
CARLSBAD
CA 92009
OCCUPANT
7004 SAN CARLOS
CARLSBAD
CA 92009
OCCUPANT
7005 SAN CARLOS
CARLSBAD
CA 92009
OCCUPANT
7006 SAN CARLOS
CARLSBAD
CA 92009
OCCUPANT
7007 SAN CARLOS
CARLSBAD
CA 92009
OCCUPANT
7008 SAN CARLOS
CARLSBAD
CA 92009
OCCUPANT
7009 SAN CARLOS
CARLSBAD
CA 92009
OCCUPANT
7010 SAN CARLOS
CARLSBAD
CA 92009
OCCUPANT
701 1 SAN CARLOS
CARLSBAD
CA 92009
OCCUPANT
7012 SAN CARLOS
CARLSBAD
CA 92009
OCCUPANT
7013 SAN CARLOS
CARLSBAD
CA 92009
OCCUPANT
7014 SAN CARLOS
CARLSBAD
CA 92009
OCCUPANT
70 15 SAN CARLOS
CARLSBAD
CA 92009
OCCUPANT
7016 SAN CARLOS
CARLSBAD
CA 92009
OCCUPANT 7019 SAN CARLOS
CARLSBAD
CA 92009
OCCUPANT
701 7 SAN CARLOS
CARLSBAD
CA 92009
OCCUPANT
701 8 SAN CARLOS
CARLSBAD
CA 92009
Address Labels Laser 5260"
Smqoth Feeti Sheets" Cse template foi 5160"
OCCUPANT
CARLSBAD
7101 SAN BARTOLO
CA 92009
OCCUPANT
CARLSBAD
7 102 SAN BARTOLO
CA 92009
OCCUPANT
CARLSBAD
7103 SAN BARTOLO
CA 92009
OCCUPANT
7104 SAN BARTOLO
CARLSBAD
CA 92009
OCCUPANT
7105 SAN BARTOLO
CARLSBAD
CA 92009
OCCUPANT
7 106 SAN BARTOLO
CARLSBAD
CA 92009
OCCUPANT
7 107 SAN BARTOLO
CARLSBAD CA 92009
OCCUPANT
7 108 SAN BARTOLO
CARLSBAD
CA 92009
OCCUPANT
CARLSBAD
7 109 SAN BARTOLO
CA 92009
OCCUPANT
7 1 10 SAN BARTOLO
CARLSBAD
CA 92009
OCCUPANT
7 1 1 1 SAN BARTOLO
CARLSBAD
CA 92009
OCCUPANT
71 12 SAN BARTOLO
CARLSBAD
CA 92009
OCCUPANT
71 13 SAN BARTOLO
CARLSBAD
CA 92009
OCCUPANT
71 14 SAN BARTOLO
CARLSBAD
CA 92009
OCCUPANT
CARLSBAD
7 1 15 SAN BARTOLO
CA 92009
OCCUPANT
CARLSBAD
71 16 SAN BARTOLO
CA 92009
OCCUPANT
7 1 17 SAN BARTOLO
CARLSBAD
CA 92009
OCCUPANT
CARLSBAD
7 1 18 SAN BARTOLO
CA 92009
OCCUPANT
71 19 SAN BARTOLO
CARLSBAD
CA 92009
OCCUPANT
7120 SAN BARTOLO
CARLSBAD
CA 92009
OCCUPANT
7122 SAN BARTOLO
CARLSBAD
CA 92009
OCCUPANT
1212 SAN BARTOLO
CARLSBAD
CA 92009
OCCUPANT
7214 SAN BARTOLO
CARLSBAD
CA 92009
OCCUPANT
7215 SAN BARTOLO
CARLSBAD
CA 92009
OCCUPANT
72 16 SAN BARTOLO CARLSBAD
CA 92009
OCCUPANT
7217 SAN BARTOLO CARLSBAD
CA 92009
OCCUPANT
72 18 SAN BARTOLO
CARLSBAD
CA 92009
OCCUPANT
12 19 SAN BARTOLO
CARLSBAD
CA 92009
OCCUPANT
7220 SAN BARTOLO
CARLSBAD
CA 92009
OCCUPANT
7221 SAN BARTOLO
CARLSBAD
CA 92009
Laser 5260TM
Smooth Feed SheetsTY Use template for 516W
OCCUPANT
7320 SAN BARTOLO
CARLSBAD
CA 92009
OCCUPANT
CARLSBAD
7321 SAN BARTOLO
CA 92009
OCCUPANT
CARLSBAD
7215 SAN BENITO
CA 92009
OCCUPANT
CARLSBAD
7216 SAN BENITO
CA 92009
OCCUPANT
CARLSBAD
7217 SAN BENITO
OCCUPANT
CARLSBAD
72 18 SAN BENITO
CA 92009 CA 92009
OCCUPANT
CARLSBAD
7219 SAN BENITO
CA 92009
OCCUPANT
CARLSBAD
7220 SAN BENITO
CA 92009
OCCUPANT
CARLSBAD
7221 SAN BENITO
CA 92009
OCCUPANT
CARLSBAD
7222 SAN BENITO
CA 92009
OCCUPANT
CARLSBAD
1223 SAN BENITO
CA 92009
OCCUPANT
CARLSBAD
7224 SAN BENITO
CA 92009
OCCUPANT
CARLSBAD
7225 SAN BENITO
CA 92009
OCCUPANT
CARLSBAD
7226 SAN BENITO
CA 92009
OCCUPANT
CARLSBAD
7227 SAN BENITO
CA 92009
OCCUPANT
CARLSBAD
7228 SAN BENITO
CA 92009
OCCUPANT
CARLSBAD
7229 SAN BENITO
CA 92009
OCCUPANT
CARLSBAD
7230 SAN BENITO
CA 92009
OCCUPANT
CARLSBAD
723 1 SAN BENITO
CA 92009
OCCUPANT
CARLSBAD
7232 SAN BENITO
CA 92009
OCCUPANT
CARLSBAD
7233 SAN BENITO
CA 92009
OCCUPANT
CARLSBAD
7234 SAN BENITO
CA 92009
OCCUPANT
7235 SAN BENITO
CARLSBAD
CA 92009
OCCUPANT
CARLSBAD
7236 SAN BENITO
CA 92009
OCCUPANT
CARLSBAD
7237 SAN BENITO
CA 92009
OCCUPANT
CARLSBAD
7302 SAN BENITO
CA 92009
OCCUPANT
CARLSBAD
7303 SAN BENITO
CA 92009
OCCUPANT
CARLSBAD
7305 SAN BENITO
CA 92009
OCCUPANT
7306 SAN BENITO
CARLSBAD CA 92009
OCCUPANT
CARLSBAD
7304 SAN BENITO
CA 92009
Address Labels laser 5260"
Smooth Feed SheetsTM Use template for 5160"
OCCUPANT
CARLSBAD
7022 SAN CARLOS
CA 92009
'OCCUPANT
7020 SAN CARLOS
CARLSBAD
CA 92009
OCCUPANT
7021 SAN CARLOS
CARLSBAD
CA 92009
OCCUPANT
7023 SAN CARLOS
CARLSBAD
CA 92009
OCCUPANT 7 102 SANTA BARBARA
CARLSBAD CA 92009
OCCUPANT
CARLSBAD
7103 SANTA BARBARA
CA 92009
OCCUPANT
7104 SANTA BARBARA
CARLSBAD
CA 92009
OCCUPANT
CARLSBAD
7105 SANTA BARBARA
CA 92009
OCCUPANT
7 106 SANTA BARBARA
CARLSBAD
CA 92009
OCCUPANT
7 109 SANTA BARBARA
OCCUPANT
CARLSBAD
7107 SANTA BARBARA
CA 92009
OCCUPANT
7108 SANTA BARBARA
CARLSBAD
CA 92009
CARLSBAD
CA 92009
OCCUPANT
CARLSBAD
71 12 SANTA BARBARA
CA 92009
OCCUPANT
71 10 SANTA BARBARA
CARLSBAD
CA 92009
OCCUPANT
7 1 1 1 SANTA BARBARA
CARLSBAD
CA 92009
OCCUPANT
71 15 SANTA BARBARA OCCUPANT
7 1 13 SANTA BARBARA
CARLSBAD
CA 92009
OCCUPANT
71 14 SANTA BARBARA
CARLSBAD
CA 92009
CARLSBAD
CA 92009
OCCUPANT
7 1 18 SANTA BARBARA
OCCUPANT
7 1 16 SANTA BARBARA
CARLSBAD
CA 92009
OCCUPANT
7 1 17 SANTA BARBARA
CARLSBAD
CA 92009
CARLSBAD
CA 92009
OCCUPANT
7120 SANTA BARBARA
CARLSBAD
CA 92009
OCCUPANT
7121 SANTA BARBARA
CARLSBAD
CA 92009
OCCUPANT
CARLSBAD
71 19 SANTA BARBARA
CA 92009
OCCUPANT
7123 SANTA BARBARA
CARLSBAD
CA 92009
OCCUPANT
7124 SANTA BARBARA
CARLSBAD
CA 92009
OCCUPANT
CARLSBAD
7122 SANTA BARBARA
CA 92009
OCCUPANT
7125 SANTA BARBARA
CARLSBAD
CA 92009
OCCUPANT
7126 SANTA BARBARA
CARLSBAD
CA 92009
OCCUPANT
7127 SANTA BARBARA
CARLSBAD
CA 92009
Laser 5260TM
Smooth Feed SheetsTY
OCCUPANT
7128 SANTA BARBARA
CARLSBAD
CA 92009
OCCUPANT
7 13 1 SANTA BARBARA
CARLSBAD
CA 92009
OCCUPANT
7 142 SANTA ROSA
CARLSBAD
CA 92009
OCCUPANT
7129 SANTA BARBARA
CARLSBAD
CA 92009
OCCUPANT
CARLSBAD
7138 SANTA ROSA
CA 92009
OCCUPANT
7144 SANTA ROSA
CARLSBAD
CA 92009
Use temDlate for 516PC
OCCUPANT
CARLSBAD
7130 SANTA BARBARA
CA 92009
OCCUPANT
7140 SANTA ROSA
CARLSBAD
CA 92009
OCCUPANT
7146 SANTA ROSA
CARLSBAD
CA 92009
&QERW Address Labe!s Laser 526OTM
Smooth Feed SheetsrM Use template for 516W
. LAKESHORE GARDENS PROP
18915 NORDOFF ST.
NORTHRIDGE
CA 91324-3790
PLAZA SORRENTO CHEVRON
7170 AVENIDA ENCINAS
CARLSBAD
CA 92009
MITCHELL LAND IMPROV.
2919 GARDENA AVENUE
LONG BEACH
CA 90806-1914
KAY TEE MOORSTEEN
I777 NE LOOP 410-1250
TX 78217-5240
SAN ANTONIO
ROBERT E. BRUCE
6272 SILVERWOOD DR.
HUNTINGTON BEACH
CA 92647-3364
PAYLESS DRUG STORE
P.O.BOX 8431
HARRISBURG
PA 17 105-843 1
RALPH GROCERY CO.
1100 W.ARTESIA BOULEVARD
COMPLTON
CA 90220-5186
LAKESHORE GARDENS ASSOC
7201 AVENIDA ENCINAS
CARLSBAD
CA 92009
WNAHUE SCHREIBER RLTY
2235 FARADY AVE.
CARLSBAD
CA 92008-72 15
CALVARY CHAPEL NORTH CO
7188 AVENIDA ENCINAS
CARLSBAD
CA 920094664
DONAHUE SCHREIBER RLTY
200 BAKER STREET E-I00
COSTA MESA
CA 926264551
Laser 526QTH