HomeMy WebLinkAbout2002-11-19; City Council; Resolution 2002-3231
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RESOLUTION NO. 2002-323
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING A NEGATIVE
DECLARATION AND APPROVING A CONDITIONAL USE PERMIT
AND VARIANCE TO ALLOW THE DEVELOPMENT OF A GAS
STATION, MARKET AND CAR WASH ON PROPERTY
GENERALLY LOCATED AT THE NORTHEAST CORNER OF
TAMARACK AVENUE AND JEFFERSON STREET IN LOCAL
FACILITIES MANAGEMENT ZONE 1
CASE NAME: ARC0 AMIPM AT TAMARACK
CASE NO.: CUP 01-19N 02-03
WHEREAS, on September 4, 2002, the Carlsbad Planning Commission
held a duly noticed public hearing to consider a proposed Negative Declaration,
Conditional Use Permit and Variance to allow for the development of a gas station,
market and car wash, and adopted Planning Commission Resolutions No. 5221, 5222
and 5223 recommending to the City Council that the Negative Declaration be adopted
and that the Conditional Use Permit and Variance be approved; and
WHEREAS, the City Council of the City of Carlsbad, on the 5th day of
November, 2002, held a duly noticed public hearing to consider the recommendation
and heard all persons interested in or opposed to the Negative Declaration, Conditional
Use Permit, and Variance, and
WHEREAS, the City Council finds that:
1. The proposed project is adequately designed to accommodate the
high percentage of visitor, tourist and shuttle buslalternative transportation users
anticipated given the proposed use and site location within the overlay zone.
2. The building forms, building colors and materials combine to
provide an architectural style of development that will add to the objective high quality
architecture and building design within the overlay zone.
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3. The project complies with all of the development criteria of the
overlay zone.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
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 negative Declaration and approval of Conditional Use Permit 01-19 and
Variance 02-03 are adopted and approved and that the findings and conditions of the
Planning Commission contained in Planning Commission Resolutions No. 5221, 5222
and 5223 on file with the City Clerk and incorporated herein by reference, are the
findings and conditions of the City Council, except as specifically set forth herein:
a. There shall be no retail sales of beer or wine or other
alcoholic beverages pursuant to Business and Professions Code section 23790.5. The
Council finds that another retail sales outlet for beer or wine or other alcoholic
beverages is unnecessary at this location. The proposed mini-marl is located too close
to adjoining schools, churches and other alcoholic beverage retail sales establishments.
A similar permit request for alcoholic beverages retail sales in this neighborhood has
previously been denied for the reasons stated above and the Council finds that there
have been no changed circumstances that would permit the issuance of such a permit
in this case. A notice of issuance of this CUP shall be recorded in the San Diego
County Recorder’s office advising all persons of the terms, conditions and restrictions
contained within this CUP including the restriction on the retail sale of alcoholic
beverages.
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b. The applicant shall take special care in constructing a six-foot
high graffiti resistant wall at the location and design as approved by the Planning
Director. The applicant shall take special steps to promptly remove any graffiti and in
no event shall it remain in place more than 24 hours.
c. The applicant shall plant and maintain bougainvillea or other
suitable planting material to soften the appearance of the required wall and this shall
become part of the landscaping plan to be approved by the Planning Director.
d. This conditional use permit shall be reviewed by the Planning
Director annually after the commencement of operations to determine if all conditions of
this permit have been met and that the use does not have a substantial negative effect
on surrounding properties or to the public health and welfare. If the Planning Director
determines that the use has substantial negative effects, the Planning Director shall
report this fact to the City Council which may refer the matter to the Planning
Commission for a report and recommendation as to any additional or changed
conditions, after providing the applicant with the opportunity to be heard and an
opportunity to propose additional conditions to reduce or eliminate the substantial
negative effects."
3. This action is final the date this resolution is adopted by the City
Council. The provision of Chapter 1 .I6 of the Carlsbad Municipal Code, "Time Limits for
Judicial Review" shall apply:
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"NOTICE TO APPLICANT"
"The time within which judicial review of this decision must be
sought is governed by Code of Civil Procedure, Section
1094.6, which has been made applicable in the City of
Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any
petition or other paper seeking judicial review must be filed in
the appropriate court not later than the ninetieth day following
the date on which this decision becomes final; however, if
within ten days after the decision becomes final a request for
the record of the proceedings accompanied by the required
deposit in an amount sufficient to cover the estimated cost of
preparation of such record, the time within which such petition
may be filed in court is extended to not later than the thirtieth
day following the date on which the record is either personally
delivered or mailed to the party, or his attorney of record, if he
has one. A written request for the preparation of the record of
the proceedings shall be filed with the City Clerk, City of
Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California
92008."
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad held on the 19th day of November ,2002 by
the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Nygaard, Hall.
NOES: Council Member Finnila.
ABSENT: None.
(SEAL)
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