HomeMy WebLinkAbout2001-07-10; City Council; Resolution 2001-2094
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RESOLUTION NO. mol-209
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING A MITIGATED
NEGATIVE DECLARATION AND CONDITIONALLY
APPROVING A CONDITIONAL USE PERMIT TO ALLOW
THE DEVELOPMENT OF A GAS STATION, MINI-MART,
HOTEL AND TWO RESTAURANTS ON PROPERTY
GENERALLY LOCATED AT THE NORTHWEST CORNER
OF CANNON ROAD AND INTERSTATE 5 IN LOCAL
FACILITIES MANAGEMENT ZONE 3
CASE NAME: CANNON COURT
CASE NO.: CUP 99-30
WHEREAS, on June 26,2001, the City Council received the report of the
Planning department and the recommendation of the Planning Commission and held a
duly noticed public hearing receiving the testimony of all persons interested in this
matter; and
WHEREAS, on May 16,2001, the Carlsbad Planning Commission held a
duly noticed public hearing to consider a proposed Mitigated Negative Declaration and
Conditional Use Permit to allow for the development of a 16-pump gas station, mini-
mart, 86 room hotel, and two restaurants, and it adopted Planning Commission
Resolution Nos. 4977 and 4978 recommending to the City Council that the Mitigated
Negative Declaration be adopted and the Conditional Use Permit be approved: and
WHEREAS, after careful consideration of the report of the Planning
Department, the recommendation of the Planning Commission and after carefully
weighing all the evidence and documents received from any person interested in this
matter who testified at the public hearing; and
WHEREAS, the City Council recognizes that this site is adjacent to a
number of locations that are not compatible with the sale of alcohol from a gas
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station/mini-mart at all hours of the day and night including the proximity to the
proposed trail that will be part of the City-wide trail system, the proposed park, the
existing Cannon Park and the beach where the use of alcohol is already prohibited by
Carlsbad Municipal Code section 11.32.040; and
WHEREAS, a number of retail alcoholic beverage sales outlets are
available within a reasonable distance of the proposed development,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the recommendation of the Planning Commission for the adoption
of the Mitigated Negative Declaration and approval of Conditional Use Permit 99-30 is
accepted and the findings and conditions of the Planning Commission contained, in
Planning Commission Resolution Nos. 4977 and 4978 on file with the City Clerk and
incorporated herein by reference, are the findings and conditions of the City Council
except as expressly stated below:
a. Any future proposal for the retail sale of alcoholic beverages at
the gas station/mini-mart shall require an amendment to the CUP by the City Council
after a report and recommendation by the Planning Department and Planning
Commission. Any such future proposal for the retail sale of alcoholic beverages shall
also require review and recommendation by the Police Chief in accordance with law.
b. Prior to the recordation of the final parcel map or issuance of
grading permits, whichever occurs first, the developer shall prepare, record and notice
that this property may be subject to noise, air quality, water quality, and other
environmental impacts from the future construction of a power plant or other utility uses
to the north in a form meeting the approval of the Planning Director and City Attorney.
c. The developer has proposed this development in phases. If
construction of the improvements in any phase is not promptly begun following grading
of the site for the proposed use, then the developer shall be required to hydroseed and
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landscape that graded area to the satisfaction of the Planning Director.
d. The hours of operation of the gas station/mini-mart are not
restricted at this time. However, the City Council retains jurisdiction to do so by
amending this conditional use permit following a report and recommendation by the
Planning Department and Planning Commission should the facts and circumstances
change indicating a need for such future restriction.
e. The improvements required by Condition No. 66 of Planning
Commission Resolution No. 4978 shall be constructed concurrently with the
construction of the gas station/mini-mart and accepted pursuant to City standards to the
satisfaction of the City Engineer prior to the issuance of occupancy permits.
3. Except as expressly stated herein, all terms and conditions of Planning
Commission Resolution Nos. 4977 and 4978 are adopted by the City Council and
incorporated herein by reference.
4. That this action is final the date this resolution is adopted by the City
Council. The provisions of Chapter 1.16 of the Carlsbad Municipal Code, “Time Limits
for Judicial Review” shall apply:
“NOTICE TO APPLICANT”
“The time within which judicial review of this decision must be
sought is governed by Code of Civil Procedure, Section
1094.6, which has been made applicable in the City of
Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any
petition or other paper seeking judicial review must be filed in
the appropriate court not later than the ninetieth day following
the date on which this decision becomes final; however, if
within ten days after the decision becomes final a request for
the record of the proceedings accompanied by the required
deposit in an amount sufficient to cover the estimated cost of
preparation of such record, the time within which such petition
may be filed in court is extended to not later than the thirtieth
day following the date on which the record is either personally
delivered or mailed to the party, or his attorney of record, if he
has one. A written request for the preparation of the record of
the proceedings shall be filed with the City Clerk, City of
Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California
92008.”
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad held on the 10th day of JULY 9
2001 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall
NOES: None
ABSENT: None
CLAUDEA.-@WlS,-MXyor
(SEAL)
Resolution No. 2001- 209 Page 4 of 4