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HomeMy WebLinkAbout1986-10-07; City Council; Resolution 8829*. - .* RESOLUTION NO. 8829 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION'S DENIAL OF A CONDITIONAL USE PERMIT CUP-286 FOR AN ADDITION OF A MINI-MART TO EXISTING SERVICE STATION. APPLICANT : TEXACO CASE- NO; : CUP-- 286 WHEREAS, a verified application for a conditional use permit for certain property to wit: A portion of Tract 237 of Thum Lands, in the County of San Diego, according to Map thereof No. 1681, has been filed with the City of Carlsbad and referred. to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code: and WHEREAS, the Planning Commission did on the 13th day of August, 1986 hold a duly noticed public hearing as prescribed by law to consider said request: and WHEREAS, the Planning Commission did on August 13, 1986 after said public hearing, deny the request for a conditional use permit; and WHEREAS, the Planning Director has determined that this project will not cause any significant environmental impacts and therefore, issued a Negative Declaration, dated May 10, 1986 which was approved by the Planning Comission on August 13, 1986 in satisfaction of the requirements of the Carlsbad Environmenta Protection Ordinance and the California Environmental Quality Act; and 1 2 3 4 5 6 7 E 9 1c 11 12 WHEREAS, the applicant appealed the decision of the Planning Commission to the City Council; and WHEREAS, on September 23, 1986 the City Council of the City of Carlsbad held a duly noticed public hearing as prescribec by law to consider said appeal and at said hearing after consideration of all the evidence, testimony, argument of those persons present and desiring to be heard the City Council determined to deny the appeal. NOMJ, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: A. That the foregoing recitations are true and correct B. That based on the evidence presented at the public hearing the City Council denies the applicant's appeal and upholds the Planning Commision's decision to deny Conditional Us( Permit CUP-286, based on the findings as shown in Planning Commission Resolution No. 2575 attached hereto as Exhibit A and made a part hereof. C. This action of denial is final the date this resolution is adopted by the City Council. The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: "NOTICE TO APPLICANT" The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an 1 2 3 4 5 6 7 a 9 10 11 12 le 19 2c 21 22 22 24 25 26 27 28 0 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 Elm Avenue, Carlsbad, California 92008. " PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 7th day of October , 1986 by the following vote, to wit: AYES: Council Members Casler, Lewis, Chick and Pettine NOES: None ABSENT: None ATTEST : %. d L, MARY H.flCASLER, Mayor k 4.R- ALETHA L. RAUTENKRANZ, City aerk , .. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A PLANNING COMMISSION RESOLUTION NO. 2575 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ALLOW AN ADDITION TO AN EXISTING SERVICE STATION OF A CONVENIENCE STORE ON PROPERTY GENERALLY LOCATED AT 945 TAMARACK AVENUE. APPLICANT: TEXACO CASE NO: CUP-286 WHEREAS, a verified application has been filed with the CARLSBAD, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT TO ity of Carlsbad and referred to the Planning Commission: and WHEREAS, said verified application constitutes a request- s provided by Title 21 of the Carlsbad Municipal Code: and WHEREAS, pursuant to the provisions of the Municipal Code, he Planning Commission did, on the 13th day of August, 1986, hold duly noticed public hearing to consider said application on roperty described as: A portion of Tract 237 of Thum Lands, in the County of San Diego, according to Map thereof No. 1681, WHEREAS, at said hearing, upon hearing and considering all .estimony and arguments, if any, of all persons desiring to be ,eard, said Commission considered all factors relating to CUP-286. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning :ommission of the City of Carlsbad as follows: AI That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission DENIES CUP-286, based on the following findings and subject to the following conditions: 'indings: I) The proposed use would increase traffic and compound existing problems at the intersection of Tamarack Avenue and Pi0 Pico, !I There are presently enough retail commercial facilities I I/// located at this intersection to adequately service the area. 3 1 2 2 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the ?lanning Commission of the City of Carlsbad, California, held on :he 13th day of August, 1986, by the following vote, to wit: AYES: Chairman Schlehuber, Commissioners: McBane, NOES: Commissioner Hall. Marcus, McFadden, Schramm & Holmes. ABSENT: None- ABSTAIN: None- CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION ,TTEST: LANNING DIRECTOR 0 * C RES0 NO. 2575 -2- 4