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HomeMy WebLinkAbout2025-12-17; Planning Commission; Resolution 7562Docusign Envelope ID: 7BE825DB-E7C7-4B3F-9B8F-91 BA 18262059 PLANNING COMMISSION RESOLUTION NO. 7562 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AMENDMENTS TO A SITE DEVELOPMENT PLAN, CONDITIONAL USE PERMIT, AND COASTAL DEVELOPMENT PERMIT TO ADD 4 FUEL PUMPS, ONE UNDERGROUND STORAGE TANK, THE RELOCATION OF A RETAINING WALL, A 3,719-SQUARE-FOOT CANOPY EXPANSION, AND OTHER SITE IMPROVEMENTS ON PROPERTY LOCATED AT 951 PALOMAR AIRPORT ROAD (ASSESSOR PARCEL NUMBER 211-040-36-00) IN THE SOUTHWEST QUADRANT OF THE CITY, THE GENERAL COMMERCIAL ZONE- QUALIFIED DEVELOPMENT OVERLAY ZONE (C-2-Q) AND THE COMMERCIAL/VISITOR-SERVING OVERLAY ZONE, AND LCOAL FACILTIIES MANAGEMENT ZONE 5. CASE NAME: COSTCO FUEL EXPANSION PROJECT CASE NO.: AMEND 2022-0020 / AMEND 2022-0021 / AMEND 2022- 0022 WHEREAS, Julie Anderson, Barghausen Consulting Engineers, Inc., "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Costco Wholesale Corporation, "Owner," described as PARCEL 2 OF PARCEL MAP NO. 17542, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1995. ("the Property"); and WHEREAS, said verified application constitutes a request for an amendment to a Site Development Plan, Conditional Use Permit, and Coastal Development Permit as shown on Exhibit(s) "A" - "G" dated Nov. 24, 2025, on file in the Planning Division, AMEND 2022-0020, AMEND 2022-0021, AMEND 2022-0022 -COSTCO WHOLESALE CORPORATION as provided by Chapters 21.06, 21.42, 21.201, and 21.208 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA, Public Resources Code section 21000 et. seq.) and its implementing regulations (the State CEQA Guidelines), Article 14 of the California Code of Regulations section 15000 et. seq., the city is the Lead Agency for the project, as the public agency with the principal responsibility for approving the proposed project; and Docusign Envelope ID: 7BE825DB-E7C7-4B3F-9B8F-91 BA 1 B262D59 WHEREAS, the Planning Commission did, on Dec. 17, 2025, hold a duly noticed public hearing as prescribed by law to consider said request to add four (4) fuel pumps, one underground storage tank, the relocation of a retaining wall, a 3,719-square-foot canopy expansion, and other site improvements on property located at 951 Palomar Airport Road; 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 amendments to the Conditional Use Permit, Site Development Plan, and Coastal Development Permit; 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 Site Development Plan, Conditional Use Permit, and Coastal Development Permit. 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) Compliance with CEQA. The proposed action is categorically exempt from environmental review under CEQA Guidelines section 15301(e) (Class 1-Existing Facilities) because the scope of the project consists of an addition to an existing structure provided that the addition will not result in an increase of more than 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less. No exceptions to the categorical exemption as set forth in CEQA Guidelines Section 15300.2 or Carlsbad Municipal Code Section 19.04.070{() apply. The notice of exemption will be filed with the Recorder/County Clerk within five days after project approval by the decision-making body. C) The amendments to the Site Development Plan (AMEND2022-0020), Conditional Use Permit (AMEND2022-0021), and Coastal Development Permit (AMEND2022-0022), amend CUP90-03{e), SDP90-0S(I), and CDP97-0S{B) respectively. D) That based on the evidence presented at the public hearing, the Planning Commission APPROVES AMEND 2022-0020 / AMEND 2022-0021 / AMEND 2022-0022 -COSTCO FUEL EXPANSION PROJECT, based on the following findings and subject to the following conditions: Docusign Envelope ID: 7BE825DB-E7C7-4B3F-9B8F-91 BA 1 B262D59 Findings: Site Development Plan, AMEND 2022-0020 1. That the proposed development or use is consistent with the General Plan and any applicable master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the Carlsbad Municipal Code, and all other applicable provisions of this code, in that the General Plan Land Use designation of the site allows for shopping centers with anchor and secondary tenants that are region-serving, as well as mixed use. This includes full-line department stores (2 or more), factory outlet center, "power center" of several high-volume retail uses, including general merchandise, automobile sales, apparel, furniture, home furnishings, etc. and a full range of secondary tenants such as specialty retail, restaurants, entertainment, convenience stores, service facilities, business and professional offices. The project site is developed with a Costco warehouse, and an existing commercial fuel dispensing station use, with twenty-two (22) vehicle fueling positions located on the east side of the property. The Costco warehouse will continue to provide convenient and safe access to goods desired by the community, and the proposed fuel pumps and canopy additions are components of a retail use that is permitted. The on-site expansion would maintain the existing fuel station location and expand the facility to a total of thirty (30) vehicle fueling positions to better serve peak period demand and reduce peak period queuing, wait times, and idling. The project is consistent with the various elements and objectives of the Reginal (R) General Plan Land Use designation, and the intent and purpose of the Qualified Development Overlay Zone (Q Zone) as discussed in the findings below and in the project staff report dated Dec. 17, 2025, incorporated herein by reference as though fully set forth herein. 2. That the requested development or use is properly related to the site, surroundings and environmental settings, will not be detrimental to existing development or uses or to development or uses specifically permitted in the area in which the proposed development or use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the operating characteristics will be similar to the prior approved gas fueling station, with the exception of the addition of four new fuel pumps, one underground storage tank, relocation of a retaining wall, and expanded canopy area. The Costco warehouse will continue to provide convenient and safe access to goods desired by the community, and the proposed fuel pumps and canopy additions are components of a retail use that is permitted in the C-2-Q Zone. The architecture of the addition is the same as the existing fueling station. The location of the addition will not disrupt the existing vehicular circulation on the site in that it is in-line with existing driveways. Additional queuing is provided east of the existing and proposed fuel pumps. Additional vehicle fueling positions would better serve peak period demand and reduce peak period queuing, wait times, and idling. The project also proposes to remove and replace asphalt pavement, concrete curbs, and landscaping to accommodate the fuel dispensing station. The site circulation has been redesigned so that vehicles accessing the gas fueling station area are less likely to queue or stack to the circulation aisle (connecting to the easterly driveway) and would not conflict with vehicles entering the site from Palomar Airport Road. Elimination of a landscape median along the eastern access aisle to the property helps distribute vehicle queue stacking more freely in order to avoid conflicts between vehicles entering the gas fueling station and those entering Docusign Envelope ID: 7BE825DB-E7C7-483F-988F-91BA1B262D59 the Costco Wholesale shopping center or the adjacent commercial businesses. The amended Project proposes a revised site layout designed to ease navigation throughout the gas fueling station area. 3. That the site for the intended development or use is adequate in size and shape to accommodate the use, in that the project proposes the addition of four new fuel pumps, one underground storage tank, relocation of a retaining wall, expanded canopy area, and landscaping modifications. The addition is located entirely within or adjacent to a constructed building footprint previously established by the existing Costco gas fueling station. For site access and circulation, the operating characteristics will be similar to the prior approved gas fueling station. The amended project design will increase the functionality and flow of the site. Before and after data were evaluated from other comparable Costco fuel station expansion sites to determine a representative relationship between queues and the addition of fueling positions to an existing fuel station. While there is an anticipated increase in trips expected with the fuel station expansion Project, other similar expansion projects showed that increase in fueling capacity is greatly outweighed by the benefits of providing more pumps to expedite the processing of vehicles during peak times. All prior Costco expansion locations were found to have more efficient processing of vehicles, shorter wait times, shorter queues, and less idling after expansion. The average gas queues, and the weekday AM and Saturday peak hour 95th percentile queues will be contained within the queue area. During the PM peak hour, the 95th percentile queue may spill outside the gas queue area. A proposed queue management plan has been developed for the Carlsbad Costco fuel station to implement as needed. 4. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust t he requested development or use to existing or permitted future development or use in t he neighborhood will be provided and maintained, in that the project complies with all applicable development standards (i.e. setbacks, lot coverage, and height restrictions) of the General Commercial -Qualified Zone (C-2-Q) and Commercial Visitor Serving Overlay. Landscaping would be provided consistent with the requirements of the city's Landscape Manual. A total of 570 square feet of new landscape bed is to be created, not including demolished or remodeled landscaping. 5. That the street systems serving the proposed development or use is adequate to properly handle all traffic generated by the proposed use, in that the on-site expansion would maintain the existing fuel station location and expand from twenty-two (22) to thirty (30) vehicle fueling positions to better serve peak period demand and reduce peak period queuing, wait times, and idling. The average gas queues, and the weekday AM and Saturday peak hour 95th percentile queues will be contained within the queue area. During the PM peak hour the 95th percentile queue may spill outside the gas queue area. A proposed queue management plan has been developed for the Carlsbad Costco fuel station to implement as needed. The project would add more than 11 peak hour trips and 110 daily trips to Palomar Airport Road, which is an "exempt road segment" in the City of Carlsbad Geneal Plan Mobility Element. Per the City's Mobility Element Policy 3-P.11, the project would be subject to implementing a TDM plan and TSM strategies, as conditioned. The intersection of Palomar Airport Road / Docusign Envelope ID: 7BE825DB-E7C7-4B3F-9B8F-91BA1B262D59 Armada Drive-Costco Access would continue to operate similar to existing conditions. The average queue lengths at this intersection would be within the available storage. The westbound left-turn movement 95th percentile queue currently exceeds the storage length and would increase up to 60 feet during weekday PM and Saturday midday peak times. The left- turn lane could be extended by 110 feet by modifying the raised median to capture existing and anticipated increases in 95th percentile left-turn queue lengths, which are estimated to need 400 feet of storage. Transit MM LOS along the project frontage on Palomar Airport Road was found to be below LOS standard for transit users. Therefore, the project would be responsible for the implementation of benches at the following bus stops: 1) Palomar Airport Road eastbound direction between Paseo del Norte and Armada Drive (by Carl's Junior); and 2) Palomar Airport Road westbound direction east of Armada Drive (NE corner of the intersection). Conditional Use Permit, AMEND 2022-0021 6. That the requested use is necessary or desirable for the development of the community, is in harmony with the various elements and objectives of the general plan, in that the amended project design will increase the functionality and flow of the site by better serving peak period demand and reducing peak period queuing, wait times, and idling. The average gas queues, and the weekday AM and Saturday peak hour 95th percentile queues will be contained within the queue area. During the PM peak hour the 95th percentile queue may spill outside the gas queue area. A proposed queue management plan has been developed for the Carlsbad Costco fuel station to implement as needed. The Costco warehouse will continue to provide convenient and safe access to goods desired by the community, and that the proposed fuel pumps and canopy additions are consistent with the General Plan, C-2-Q Zone, Commercial Visitor Serving Overlay Zone, and Local Coastal Program. 7. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located in that the General Commercial -Qualified Zone (C-2-Q Zone) allows for shopping centers with anchor and secondary tenants that are region- serving, as well as mixed use, including uses similar to those existing and proposed. The project site is developed with a Costco warehouse, and an existing commercial fuel dispensing station use, with twenty-two (22) vehicle fueling positions located on the east side of the property. The Costco warehouse will continue to provide convenient and safe access to goods desired by the community, and the proposed fuel pumps and canopy additions are components of a retail use that is permitted in the C-2-Zone. The surrounding properties are also located within the C-2-Q Zone, Open Space (OS Zone), Residential Density Multiple Zone (RD-M Zone), Office Zone (O Zone), and Commercial Tourist Qualified Zone (C-T-Q Zone). There is a retail building that includes fast-food and small retail shops located just north of the fueling facility before reaching Palomar Airport Road. East and south of the Costco site are open space areas and west of the site are developed with office, retail, and restaurant uses. The on-site expansion of the gas fueling station would maintain the existing fuel station location and expand the facility to a total of thirty (30) vehicle fueling Docusign Envelope ID: 7BE825DB-E7C7-483F-988F-91BA18262D59 positions to better serve peak period demand and reduce peak period queuing, wait times, and idling. The proposed project would not be detrimental to the existing uses or uses specifically permitted in the various zones because the use is existing, membership based, and would not significantly change the number of users accessing the property. The project would be conditioned to utilize transportation demand management strategies. Given the variety of the surrounding land uses and the conditions of approval included in this resolution, the operation of the project would not be detrimental to existing uses or uses permitted in the various zones. 8. That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilit ies, buffer areas, landscaping and other development featu res prescribed in this code and required by t he City Planner, planning commission or City Council, in order to integrate the use with other uses in the neighborhood, in that the project can be fit within the proposed development area without the need for any development standard modifications. The project complies with all applicable development standards (i.e. setbacks, lot coverage, and height restrictions) of the General Commercial - Qualified Zone (C-2-Q} and Commercial Visitor Serving Overlay Zone. Landscaping would be provided consistent with the requirements of the city's Landscape Manual. A total of 570 square feet of new landscape bed is to be created, not including demolished or remodeled landscaping. The proposed use is located entirely within or adjacent to a disturbed and constructed building footprint previously established by the existing fueling station, all required fencing, landscape trees, and parking will remain in place and the proposed improvements are adequately screened from public view in that they are located internal to the site near the main Costco entrance and the Costco property is separated by 650 feet from the nearest residential use. 9. That the street system serving the proposed use is adequate to properly handle all traffic gene rated by the proposed use, in that the on-site expansion would maintain the existing fuel station location and expand from twenty-two (22) to thirty (30} vehicle fueling positions to better serve peak period demand and reduce peak period queuing, wait times, and idling. The average gas queues, and the weekday AM and Saturday peak hour 95th percentile queues will be contained within the queue area. During the PM peak hour the 95th percentile queue may spill outside the gas queue area. A proposed queue management plan has been developed for the Carlsbad Costco fuel station to implement as needed. The project would add more than 11 peak hour trips and 110 daily trips to Palomar Airport Road, which is an "exempt road segment" in the City of Carlsbad Geneal Plan Mobility Element. Per the City's Mobility Element Policy 3-P.11, the project would be subject to implementing a TDM plan and TSM strategies, as conditioned. The intersection of Palomar Airport Road / Armada Drive-Costco Access would continue to operate similar to existing conditions. The average queue lengths at this intersection would be within the available storage. The westbound left-turn movement 95th percentile queue currently exceeds the storage length and would increase up to 60 feet during weekday PM and Saturday midday peak times. The left- turn lane could be extended by 110 feet by modifying the raised median to capture existing and anticipated increases in 95th percentile left-turn queue lengths, which are estimated to need 400 feet of storage. Transit MMLOS along the project frontage on Palomar Airport Road was found to be below LOS standard for transit users. Therefore, the project would be responsible for the implementation Docusign Envelope ID: 7BE825D8-E7C7-483F-988F-91BA18262D59 of benches at the following bus stops: 1) Palomar Airport Road eastbound direction between Paseo del Norte and Armada Drive (by Carl's Junior); and 2) Palomar Airport Road westbound direction east of Armada Drive (NE corner of the intersection). Coastal Development Permit, AMEND 2022-0022 10. That the proposed development is in conformance with the Mello II Certified Local Coastal Program (LCP} and all applicable policies, in that the Local Coastal Program (LCP) Land Use designation for the property is Reginal (R), which is consistent with both the city's General Plan Land Use designation. The C-2-Q Zone implements the R Land Use designation, which allows for shopping centers with anchor and secondary tenants that are region-serving, as well as mixed use. This includes full-line department stores (2 or more), factory outlet center, "power center'' of several high-volume retail uses, including general merchandise, automobile sales, apparel, furniture, home furnishings, etc. and a full range of secondary tenants such as specialty retail, restaurants, entertainment, convenience stores, service facilities, business and professional offices. The project site is developed with a Costco warehouse, and an existing commercial fuel dispensing station use, with twenty-two (22) vehicle fueling positions located on the east side of the property. There is a retail building that includes fast-food and small retail shops located just north of the Costco before reaching Palomar Airport Road. 11. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the property is not located adjacent to the shoreline. Therefore, the gas fuel station expansion project would not interfere with the public's right to physical access to the ocean and, furthermore, the site is not suited for water-oriented recreation activities. 12. That the project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the gas fuel station expansion project would adhere to the city's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants, and soil erosion. No undevelopable steep slopes and the previously graded site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. The is no riparian habitat within the site. Therefore, there will be no impact to native habitat. Commercial Visitor Serving Overlay Zone 13. The proposed project is adequately designed to accommodate the high percentage of visitor, tourist and shuttle bus/alternative transportation users anticipated given the proposed use and site location within the overlay zone. The project site is developed with a Costco warehouse, and an existing commercial fuel dispensing station use, with twenty-two (22) vehicle fueling positions located on the east side of the property. The location of the addition will not disrupt the existing vehicular circulation on the site in that it is in-line with existing driveways. Additional queuing is provided east of the existing and proposed fuel pumps. Additional vehicle fueling positions would better serve peak period demand and reduce peak period queuing, wait times, and idling. 14. That the building forms, building colors and building materials combine to provide an architectural style of development that will add to the objective of high-quality architecture and building design Docusign Envelope ID: 7BE825DB-E7C7-483F-988F-91BA18262D59 within the overlay zone. The architecture of the addition is the same as the existing fueling station. 15. That the project complies with all development and design criteria of the overlay zone. The General Commercial -Qualified Zone (C-2-Q Zone) and Commercial Visitor Overlay Zone allows for shopping centers with anchor and secondary tenants that are region-serving, as well as mixed use, including uses similar to those existing and proposed. The project site is developed with a Costco warehouse, and an existing commercial fuel dispensing station use, with twenty- two (22) vehicle fueling positions located on the east side of the property. The analysis provided in Exhibit 4 of the Planning Commission Staff Report dated Dec. 17, 2025 demonstrates compliance with each respective zone, including the overlay zone. 16. For gas fueling stations, motel, hotel or restaurant uses on a planned industrial zoned property: General That the proposed use is commercial in nature and therefore subject to the overlay zone; however, the proposed use shall be consistent with the intent and purpose of the P-M zone. The Costco warehouse will continue to provide convenient and safe access to goods desired by the community, and the proposed fuel pumps and canopy additions are components of a retail use that is conditionally permitted. The on-site expansion would maintain the existing fuel station location and expand the facility to a total of thirty (30) vehicle fueling positions to better serve peak period demand and reduce peak period queuing, wait times, and idling. The proposed use is located entirely within or adjacent to a disturbed and constructed building footprint previously established by the existing fueling station, all required fencing, landscape trees, and parking will remain in place and the proposed improvements are adequately screened from public view. 17. The Planning Commission finds that the project, as condit ioned herein, is in conformance with the Elements of the city's General Plan, based on the facts set forth in the staff report dated Nov. 17, 2025, including, but not limited to the following: a. Land Use & Community Design, Goal 2-G.2 -The proposed project includes a request to expand an existing gas fueling station. The site can be adequately served by existing utilities and is convenient to public transit including bus stops, which have been conditioned with the approval. b. Land Use & Community Design, Goal 2-G.3 -This commercial project is proposed on a developed site in an area of urban development. The project will provide the city and region with new/expanded opportunities to access retail, restaurant, and other commercial services. Properties within the vicinity of the project site consist of a mixture of residential, commercial, public, and quasi-public uses as permitted. There is a retail building that includes fast-food and small retail shops located just north of the fueling facility before reaching Palomar Airport Road. East and south of the Costco site are open space areas and west of the site are developed with office, retail, and restaurant uses. c. Land Use & Community Design, Goal 2-G.17 -The proposed project is an expansion of an existing gas fueling station. The site is surrounded on all sides by urban development and uses, excepting to the south and east which are dedicated open space areas. Docusign Envelope ID: 7BE825DB-E7C7-4B3F-9B8F-91 BA 1 B262D59 The proposed project, an addition to a gas fueling station (retail component of an existing retail use. Costco warehouse provides regional commercial services, draws customers from outside the city, generates tax revenue and jobs, and provides goods and services to residents in the city. d. Mobility, Goal 3-G.3 -The proposed project has been designed to meet circulation requirements, which include maintaining or enhancing frontage improvements consisting of new curb, gutter, sidewalks, and landscaping. The project would add more than 11 peak hour trips and 110 daily trips to Palomar Airport Road, which is an "exempt road segment" in the City of Carlsbad Geneal Plan Mobility Element. Per the City's Mobility Element Policy 3-P.11, the project would be subject to implementing a TDM plan and TSM strategies, as conditioned. The intersection of Palomar Airport Road/ Armada Drive-Costco Access would continue to operate similar to existing conditions. The average queue lengths at this intersection would be within the available storage. The westbound left-turn movement 95th percentile queue currently exceeds the storage length and would increase up to 60 feet during weekday PM and Saturday midday peak times. The left-turn lane could be extended by 110 feet by modifying the raised median to capture existing and anticipated increases in 95th percentile left-turn queue lengths, which are estimated to need 400 feet of storage. The site circulation has been redesigned so that vehicles accessing the gas fueling station area do not have car queuing or stacking that blocks the circulation aisle (connecting to the easterly driveway) and would not conflict with vehicles entering the site from Palomar Airport Road. Furthermore, the amended Project proposes a revised site layout designed to ease navigation throughout the gas fueling station area. Transit MMLOS along the project frontage on Palomar Airport Road was found to be below LOS standard for transit users. Therefore, the project would be responsible for the implementation of benches at the following bus stops: 1) Palomar Airport Road eastbound direction between Paseo del Norte and Armada Drive (by Carl's Junior); and 2) Palomar Airport Road westbound direction east of Armada Drive (NE corner of the intersection). e. Public Safety, Goal 6-G.1-The proposed project is not located in any Very High Fire Severity Zone, Flood Zones, or Earthquake Fault Zones. The proposed structural improvements would be required to meet all seismic design standards at the time of building permit in accordance with the California Building and Fire Codes. Therefore, the proposed project is consistent with the applicable fire safety requirements. f. Public Safety, Policy 6-P.6 -The project has been conditioned to develop and implement a program of "best management practices" for the elimination and reduction of pollutants which enter and/or are transported within storm drainage facilities. g. Public Safety, Policy 6-P.34 -The project is required to comply with all Building and Fire Codes to ensure that fire protection standards are met by the proposed structures. Therefore, the proposed project is consistent with the applicable fire safety requirements. h. Public Safety, Policy 6-P.39 -The project is required to construct or pay applicable fees for necessary improvements, public utilities, and facilities in accordance with Growth Docusign Envelope ID: 7BE825DB-E7C7-483F-988F-91BA18262D59 Management requirements; and the project will not affect the city's ability to implement its Emergency Operations Plan. i. Sustainability, Policy 9-P.1-At the building permit stage, the project will also be reviewed for compliance with the CAP ordinances. 18. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 5 and all city public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, a. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. b. The Local Facilities Management fee for Zone 5 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 19. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 20. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 5. 21. That all necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted city standards. 22. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 23. 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: NOTE: A grading permit, improvement plan, landscaping permit, building permit must all be obtained and secured following discretionary permit approval, but prior to construction and prior to occupancy. Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of the building or grading permit whichever occurs first. All references to the "Site Plan" reference the project plans dated Nov. 24,225, attached as Exhibit 7 of the Planning Commission Staff Report dated Dec. 17, 2025. Docusign Envelope ID: 7BE825DB-E7C7-4B3F-9B8F-91BA18262D59 1. 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; record a notice of violation on the property title; 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, Site Development Plan, and Coastal Development Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use Permit, Site Development Plan, and Coastal Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this project are challenged, this approval shall be suspended as provided in Government Code §66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. 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, Site Development Plan, and Coastal Development Permit, (b) city's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator'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. 6. Prior to submitting the building plans, improvement plans, grading plans, or final map, whichever occurs first, Developer shall submit to the City Planner, a 24" x 36" copy of the (Project Site Plan or other), conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final decision making body. The copy shall be submitted to the City Planner, reviewed and, if found acceptable, signed by the city's project planner and project engineer. If no changes were required, the approved exhibits shall fulfill this condition. 7. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 5 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. Docusign Envelope ID: 7B E825DB-E7C7-4B3F-9B8F-91 BA 1 B262D59 8. This approval shall become null and void if building or grading permits are not issued for this project within 36 months from the date of project approval. 9. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the city that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 10. Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 5 pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 11. Prior to issuance of the Building Permit, Developer shall submit to the city a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Conditional Use Permit, Site Development Plan, and Coastal Development Permit on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 12. Prior to issuance of grading permit(s), Developer shall make a separate formal landscape construction drawing plan check submittal to the Planning Division and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the city's Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff. 13. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans. 14. Prior to issuance of grading and building permits, Developer shall list the following condition on all grading and building permit construction plans. Construction activities shall take place during the permitted time and day per Carlsbad Municipal Code Chapter 8.48. Developer shall ensure that construction activities for the proposed project are limited to the hours from 7:00 a.m. to 6:00 p.m. Monday through Friday, and 8:00 a.m. to 6:00 p.m. on Saturdays; no work shall be conducted on Sundays or on federal holidays. Docusign Envelope ID: 7BE825DB-E7C7-4B3F-9B8F-91BA1B262D59 15. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the City Planner and Building Official. 16. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner of an Outdoor Storage Plan, and thereafter comply with the approved plan. 17. Developer shall submit and obtain City Planner approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. Canopy lighting shall be recessed so that the luminaire does not extend below the surface of the underside of the canopy. For the purposes of this condition, a photometric plan for the canopy, fueling area, and the fuel facility queue area (located from the pumps entrance to the internal driveway along the eastern boundary of the site) shall be submitted to show that any light spillover onto adjacent residential properties is less than one- half foot candle. 18. Owners and operators of underground storage tanks (USTs) at gas fueling stations are subject to environmental rules and requirements designed to prevent underground petroleum releases to surface and ground waters. A. A "New Equipment Permit'' or a "Modification to Permit or Application" must be filed with the San Diego Air Pollution Control District (SDAPCD) and the Developer must obtain and secure the Authority to Construct and Permit to Operate. • The specific SDAPCD rules that apply to the project are Rules 61.3, 61.3.1, 61.4, and 61.4.1, as it exists now or may be amended or supplemented. • Gas fueling station operations are subject to the following National Emission Standards for Hazardous Air Pollutants (NESHAP) and Air Toxic Control Measures (ATCM): 1) National Emissions Standards for Hazardous Air Pollutants for Source Category: Gasoline Dispensing Facilities; and 2) ATCM for Retail Gasoline Dispensing Facilities. B. The project is subject to California Code of Regulations (CCR) Title 22, Division 4.5, Chapter 32 -General Standards for Tank Systems. The existing on-site USTs and primary piping shall be managed as hazardous waste upon removal, unless such facilities are cleaned on-site and certified by the appropriate County and/or State representative as non-hazardous in accordance with hazardous waste regulations. C. The Developer shall obtain any required permits and licenses from the County Health Department prior to commencement of the use. The Developer shall maintain said permits at all times while the use is operating. D. Copies of all permits and licenses required by this condition shall be submitted to the Community Development Department prior to commencement of the use. 19. The developer must install, monitor, operate, and calibrate all equipment in accordance with all regulatory requirements. Docusign Envelope ID: 7BE825DB-E7C7-483F-988F-91BA18262D59 20. If on-site soil excavation result in UST or UST piping removal and replacement and removal and replacement will result in the need to export the excavated soil for disposal at an off-site location, the Developer shall retain a qualified environmental professional to characterize the excavated soil as a waste to determine an appropriate disposal facility and obtain their acceptance of the soil. The qualified environmental professional shall oversee the loading, transportation, and disposal of the soil including retaining copies of transportation and disposal documentation (i.e., waste manifests and landfill weigh tickets, respectively). The qualified environmental professional shall also prepare a report summarizing the methodology of soil waste characterization, results of the characterization, and describing the loading, transportation, and disposal of the soil. The report shall be submitted to the County Health Department and City Planner for review and approval. 21. The Developer shall prepare an improvement plan and shall identify on the plans all improvements necessary to implement the project and its conditions. The improvement plan will be reviewed for compliance with the Carlsbad Municipal Code and any applicable engineering standards, including but not limited to the on-and off-site improvements and storm water control plan, to ensure the design conforms to all requirements of the relevant regulations and codes. Approval of an improvement plan must be obtained and secured prior to the issuance of a building permit to implement the project. In approving the improvement plan, the City Engineer or designee may impose such conditions as may be reasonably necessary to enable the City Engineer or designee to make the required determinations and to prevent creation of a nuisance or unreasonable hazard to persons or to public or private property. 22. The following improvements must be shown in any improvement plan submitted and be completed to the satisfaction of the City Engineer or designee prior to building permit final inspection. A. At the intersection of Palomar Airport Rd / Armada Dr / Costco Access the westbound left-turn lane will be extended to accommodate the anticipated 95th percentile queue lengths of up to 400 feet during the peak hours. B. The implementation of bus stop benches, installed and maintained in accordance with NCTD standards for new bench placement, design, and construction. • Palomar Airport Road eastbound direction between Paseo del Norte and Armada Drive (by Carl's Junior); and • Palomar Airport Road westbound direction east of Armada Drive (NE corner of the intersection). 23. All improvements within the public right-of-way, including curb, gutter, sidewalks, driveways, paving and utilities, shall be constructed in accordance with approved standards and/or plans and shall comply with the standard plans and specifications of the City Engineer. Any damage to street improvements done during construction on or adjacent to the subject property, shall be repaired to the satisfaction of the City Engineer at the full expense of the Developer. This shall include sidewalk repair, slurry seal, street reconstruction or others, as may be required by the City Engineer or designee. Docusign Envelope ID: 7BE825DB-E7C7-4B3F-9B8F-91BA1B262D59 24. Operating Hours. There is no restriction on the hours of operation for gas fueling. To the greatest extent possible, the delivery of fuel shall not be scheduled during weekday or weekend peak demand periods to reduce onsite congestion. Weekday and weekend peak demand periods are between 7:00 am and 9:00 am AND between 4:00 pm and 6:00 pm on weekdays, and between 11:00 am and 1:00 pm on Saturdays and Sundays. 25. Air and water services are required pursuant to Section 13651 of the California Business and Professions Code. The Property Owner shall install signage at a conspicuous place on, at, or near the gas fuel dispensing apparatus, at lease on clearly visible sign to director motorists to free air and water. Signage displayed to satisfy Section 13651 shall not count towards the overall signage requirements for the gas fueling station. 26. Any signs proposed for this development shall at a minimum be designed in conformance with the city's Sign Ordinance and shall require review and approval of the City Planner prior to installation of such signs. 27. A proposed queue management plan has been developed for the Carlsbad Costco fuel station to implement as needed. The purpose of the queue management plan is to have a pre-approved plan where Costco employees direct and monitor vehicle queues when queues extend beyond the designated fuel station queue area and have the potential to impede other traffic flow. A. Queue management is expected to involve up to three Costco fuel station employees, depending on the preference of the operator, to manage the location where members line up to wait for an available fueling position and manage the space between vehicles. During a typical workday, there are typically two trained employees onsite at all times. If a queue management plan is fully implemented, additional staff from the warehouse can assist. B. At all times, during all hours the gas fueling station is open, a trained employee staffs the fuel facility to manage incoming vehicles and direct members either to vacant pumps or to the shortest individual queue behind the pumps. C. When activity at the fuel facility is busier, typically between 3:30 pm and 6:30 pm on weekdays, and between 10:30 am and 1:30 pm on weekends, when site conditions warrant, a second trained employee staffs the fuel facility to provide more targeted management of the queues. This person guides members to move forward and keep vehicles closely spaced end-to-end, thereby maximizing the use of the queue storage area. (The fuel facility queue area is located from the pumps entrance to the internal driveway along the eastern boundary of the site.) D. If the number of members arriving to purchase fuel causes queues behind the pumps is nearing its capacity to exceed the queue storage area (30 or more vehicles in the gas fueling station queue area), Costco shall implement a temporary queue management plan to maintain queues on-site without impacting other businesses or public street operations. The temporary queue management plan is depicted in Appendix F to Exhibit 5 of the Dec. 17, 2025, Planning Commission Staff Report, which is incorporated herein Docusign Envelope ID: 7BE825DB-E7C7-483F-988F-91BA18262D59 by this reference as though fully set forth herein. A third employee must assist with directing traffic to the relocated queue. When queues at the internal intersection of Costco Access / Palomar Place Shopping Center Access are excessive and affect other driveways such as north-south driveways, one Costco gas attendant may be located at the gas fueling station egress point to encourage vehicles to exit to the south and away from the Palomar Place Shopping Center roadway. 28. If, at any time, the City Council, Planning Commission or City Planner determines that there has been, or may be, a violation of the findings or conditions of this conditional use permit, or of the Carlsbad 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 Carlsbad 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. Engineering: NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of a building or grading permit whichever occurs first. General 29. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. 30. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the district engineer has determined that adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. 31. Developer shall submit to the city engineer written approval from North County Transit District (NCTD} demonstrating mass-transit improvement requirements for this project have been satisfied. (Refer to condition no. 22.B for a list of the requirements.} 32. The project is conditioned to submit a Final TOM plan to the satisfaction of the City Engineer and subject to implementing the TOM plan prior to final inspection. Prior to building permit issuance developer shall show all transportation demand management infrastructure measures on the building plans. Docusign Envelope ID: 7BE825DB-E7C7-4B3F-9B8F-91 BA 1 B262D59 Fees/ Agreements 33. Developer shall cause property owner to execute and submit to the city engineer for recordation, the city's standard form Geologic Failure Hold Harmless Agreement. 34. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 35. Developer shall cause property owner to submit an executed copy to the city engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement. 36. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for recordation, an Encroachment Agreement covering private storm drain located over existing easements as shown on the site plan. Developer shall pay processing fees per the city's latest fee schedule. 37. Developer shall implement all Transportation Demand Management strategies per the project's Transportation Demand Management Plan. 38. Prior to building permit issuance, the Developer shall have a consultation with city staff regarding submittal of the final Transportation Demand Management Plan. 39. Prior to occupancy, the Developer shall submit a final Transportation Demand Management Plan to the satisfaction of the City Engineer. 40. Prior to occupancy, the developer shall install transportation demand management infrastructure measures, in accordance with the project's Transportation Demand Management Plan, as shown on the site plan, to the satisfaction of the City Engineer. Grading 41. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports as required by city engineer, post security and pay all applicable grading plan review and permit fees per the city's latest fee schedule. Storm Water Quality 42. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. Docusign Envelope ID: 7BE825D8-E7C7-483F-988F-91BA18262D59 43. Developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and provisions established by the San Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff during construction of the project to the maximum extent practicable. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 44. This project is subject to 'Priority Development Project' requirements and trash capture requirements. Developer shall prepare an addendum to the Existing Storm Water Quality Management Plan {SWQMP) for the Costco Carlsbad Gas Expansion prepared by Fuscoe Engineering, subject to city engineer approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP required by this condition shall be reviewed and approved by the city engineer with final grading plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's latest fee schedule. 45. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc.) incorporate all source control, site design, pollutant control BMP and applicable hydromodification measures. Dedications/Improvements 46. Developer shall design the private drainage systems, as shown on the site plan to the satisfaction of the city engineer. All private drainage systems (12" diameter storm drain and larger) shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. 47. Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain a right-of-way permit to the satisfaction of the city engineer. Utilities 48. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project Docusign Envelope ID: 7BE825DB-E7C7-4B3F-9B8F-91 BA 1 B262059 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 §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 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. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on Dec. 17, 2025, by the following vote, to wit: AYES: Meenes, Hubinger, Merz, Burrows, Fitzgerald. NAYES: None. ABSENT: Lafferty, Foster. ABSTAIN: None. ROY MEENES, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: ERIC LARDY, City Planner