HomeMy WebLinkAbout1993-11-17; Planning Commission; ; PRIME AUTO CENTERI .. APPLicaON COMPLETE DATE:
AUGUST 17, 1993
STAFF PLANNER: ANNE HYSONG
Sf AFF REPORT
DATE: NOVEMBER 17, 1993
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
SUBJECT: SDP 93-01/CUP 93-01 -PRIME AUTO CENTER -Request for approval of a
Site Development Plan and Conditional Use Permit to allow a drive-thru
restaurant, a car wash, and an automobile service facility on a portion of the
southwest comer of Paseo del Norte and Palomar Airport Road in the
Commercial Tourist and Qualified Overlay (CT-Q) Zones in Local Facilities
Management Zone 3.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 3569
APPROVING the Negative Declaration issued by the Planning Director, and ADOPT
Planning Commission Resolution Nos. 3570 and 3571 APPROVING SOP 93-01 AND CUP
93-01 based on the findings and subject to the conditions contained therein.
II. PROJECT DESCRIPTION AND BACKGROUND
The applicant is requesting approval of a site development plan and conditional use permit
to allow the development of a drive-thru restaurant, full service car wash including related
business offices, and an automobile service use south of existing freeway service uses
located at the southwest comer of Paseo del Norte and Palomar Airport Road. The 1.35
acre site is zoned Commercial Tourist/Qualified Overlay Zone. Within the CT Zone,
restaurants are permitted by right and drive-thrus, car washes, and automobile service
facilities require approval of a conditional use permit. The Qualified Overlay Zone requires
approval of a site development plan to ensure that the use is properly related to the site,
surrounding development, and environmental _setting.
The level, infill site is a long deep, rectangular shaped lot which is part of a larger parcel
containing Denny's Restaurant and a Mobil Gas Station/Self-Serve Car Wash to the north
and a portion of Hadley's parking lot to the south. The project is located adjacent to the
I-5 Freeway approximately 20' above the northbound off-ramp. The existing and proposed
developments are separated by lease lines, and development on each lot has received
separate approval. As shown on Exhibit "A", a 28' wide north/south easement provides
access from Palomar Airport Road to the existing uses and is proposed as a secondary
access to the project. Primary access to the proposed project will be provided from Paseo
SOP 93-01/CUP 93-01 -•ME AUTO CENTER
NOVEMBER 17, 1993
PAGE 2
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del Norte by an existing driveway located adjacent to the northern property/lease line.
This driveway will be moved south approximately 5' to enable an additional 5' of
landscaping between uses. An additional "exit only'' driveway is proposed along the
southern property/lease line to permit cars to exit directly onto Paseo del Norte from the
Rally's drive-thru lanes.
The site's 3:1 length to width ratio encourages a linear site design in which the tourist
serving restaurant use fronts on Paseo del Norte and the car wash and automobile service
facility are located on the rear half of the lot adjacent to the freeway. The car wash
structure consists of a two story building with car wash qffices located on the second story.
The building design incorporates various California Spanish Mission architectural elements
and provides variation in roof line and direction. A three story tower element located
along the western elevation, a stucco canopy concealing the vacuum trellises, and a trellis
covered waiting area add interest to the structure. The automobile service facility is a one
story structure with two work bays provided for quick oil change and lube service. This
flat roofed structure appears to be an accessory structure to the larger car wash. The
Rally's Burger site includes a drive-thru lane along each side of a one story, 711 square foot
structure. The building is designed with architectural elements similar to the other
buildings proposed on the site. Rally's corporate design scheme incorporates red trim
elements. Specifically, the proposed structure includes a red plastic canopy extending
approximately 5' over both drive-thrus and a red tile inset extending along the sides of the
structure. A trellised eating area, enclosed by a combination masonry and glass wall, is
provided adjacent to the northern drive-thru.
The site design includes perimeter landscaping and 3' masonry walls to screen parking
provided along the eastern, western, and northern property lines. Interior landscape
planters are located to define the access driveway. and to screen and separate land uses.
Included in this request is a sign program in which approximately 227 square feet of wall
signage is proposed along with an additional 66 square feet of freeway pole signage
requested by Rallys Burger.
III. ANALYSIS
The proposed project is subject to the following land use policies, ordinances, and
standards:
A. Travel Service (TS) General Plan Land Use designation
B. Carlsbad Municipal Code, Title 21:
1. Chapter 21.29, Commercial Tourist (CT) Zone
2. Chapter 21.06, Qualified Overlay (Q) Zone
3. Chapter 21 .42, Conditional Uses
C. Growth Management Ordinance (Zone 3 Local Facilities Management Plan)
D. Local Coastal Program (Mello II)
SOP 93-01/CUP 93-01 -•ME AUTO CENTER
NOVEMBER 17, 1993 •
PAGE 3
PLANNING ISSUES
A. GENERAL PLAN
The project is in harmony with the intent of the underlying Travel Service (TS) General
Plan designation to allow commercial service uses accessible to interregional traffic which
will serve business and industrial areas as well as the traveling public. The proposed uses
are consistent with this General Plan designation since the automobile related and
restaurant uses located along two major circulation routes will serve the needs of travelers
and the surrounding industrial areas. The site's location at the intersection of Palomar
Airport Road and Paseo del Norte adjacent to the I-5 freeway enables easy and direct
access from I-5 and from industrial parks located along Palomar Airport Road.
B. CARLSBAD MUNICIPAL CODE
1. Commercial Tourist Zone, Chapter 21.29:
The proposed drive-thru restaurant, car wash, and automobile service uses are
permitted in the Commercial Tourist (CT) Zone with an approved conditional use
permit. Automobile service stations and car washes in conjunction with automobile
service stations permitted in the CT Zone are subject to the following findings and
conditions:
a) The uses will not adversely affect the viability or use of the area as a
commercial tourist district or adversely affect nearby uses or traffic
movements.
The proposed automobile service and car wash uses are proposed as a part
of an existing freeway service facility with similar freeway serving uses
already existing onsite. The proposed uses will provide necessary services
to travelers and nearby industrial employees and will not adversely affect the
viability or use of the area as a commercial tourist district. Traffic
movements will increase, however, the site is designed to avoid conflicts in
onsite and offsite traffic movements.
b) "The site is designed to reduce the visual impacts of buildings and waiting
cars on surrounding development and from public streets."
Visual impacts from waiting cars at the entrance to the car wash and
automobile service uses will be reduced through the placement of these
facilities at the rear of the site, adjacent to the I-5 freeway, and 150' from
• the Paseo del Norte right of way. Landscape screening and structures located
at the front of the site will visually block the car wash drying area which has
the greatest potential for visual impacts. The proposed architectural design
incorporates quality design elements and is compatible with surrounding
SOP 93-01/CUP 93-01 -.ME AUTO CENTER
NOVEMBER 17, 1993 •
PAGE 4
development with one exception. The proposed fluorescent tube surrounding
the car wash tower below the roof line and surrounding the car wash canopy
is a prohibited attention getting device and therefore, not compatible with
surrounding development since it will not reduce the visual impacts of the
project.
c) A noise analysis addressing noise impacts on surrounding development is
required.
The project site and surrounding area are subject to existing noise impacts
from the I-5 freeway and adjacent Mobil Oil Car Wash. The applicant's noise
analysis concludes that noise impacts to surrounding uses will not be
significantly increased by the car wash. Surrounding commercial uses are
not considered sensitive noise receptors, although the proposed Rally's
outdoor eating area was considered a sensitive receptor. Noise impacts from
existing and proposed uses will result in noise levels in excess of 60 dBA
CNEL at the outdoor eating area, and mitigation proposed· by the noise study
in the form of a 6' high stucco and glass noise barrier around the eating area
has been incorporated into the project.
d) A traffic study which analyzes the impact of the proposed car wash on
adjacent and nearby intersections is required.
Staffs review of the traffic study submitted by the applicant concluded that
adjacent and nearby intersections currently operate at acceptable levels and
additional traffic generated by this project will not significantly change this
level of service.
The traffic study included an analysis of potential on-site traffic circulation
inadequacies. The study mainly focused on the proposed Rally's facility since
it is expected to generate high numbers of peak hour traffic. Facility queuing
lengths were investigated and the determination was made that adequate
queuing will be available onsite for the commercial facilities which are
proposed. Additionally, Land Use Review investigated three similar sites in
San Diego County and conducted queuing studies, also focusing on a Rally's
facility, to verify the traffic consultant's conclusions. Staffs analysis also
concluded that sufficient queuing length is available for acceptable operation.
It should be noted, however, that the potential exists for heavy onsite
congestion for approximately the first few weeks of operation due to the
novelty factor of the new facility.
e) "Adequate parking and circulation shall be provided on-site to accommodate
the proposed use."
SDP 93-01/CUP 93-01 -~ME AUTO CENTER
NOVEMBER 17, 1993 •
PAGE 5
Primary access to the site will be provided from Paseo del Norte by an
existing driveway which will be moved 5' to the south and widened to 30'.
This access aisle will intersect an existing 28' wide easement providing access
to the adjacent uses from Palomar Airport Road. These driveways permit
circulation thru the entire freeway service facility. As shown on Exhibit "C',
. the proposed site is designed to provide adequate queuing and parking for
each use to avoid negatively impacting traffic circulation through the site by
blocking these access drives. Additionally, an exit only drive is provided
adjacent to the southern property line to allow direct egress from the Rally's
drive-thru lanes and to reduce traffic exiting the primary access drive.
Parking in accordance with required Parking Ordinance standards for each
prop9sed use are provided in close proximity to each use as shown on the
following table:
PARKING TABLE
USES PARKING REQUIRED PARKING PROVIDED
Car Wash/Office 16 18
Lube 8 8
Fast Food 8 8
TOTAL 32 34
f) ''Waiting areas for cars shall be screened by a combination of landscaping,
fencing, and berming."
The site is designed with the car wash and automobile service uses located
at the rear of the site adjacent to the I-5 freeway. This ensures that the cars
waiting at the entries and drying area of these uses will be a minimum of
150' from the Paseo del Norte right of way. The site is designed with
landscape planters and/or 3' masonry walls around the perimeter of the site
as well as interior planters to screen cars from the public roadways and
surrounding uses.
g) "All signs shall comply with the approved sign program, or if none, the City's
Sign Ordinance."
As shown on the following table, the applicant's proposed sign program is in
accordance with the maximum signage permitted for the proposed
development. The site is a part of a freeway service facility with an existing
50' pole sign consisting of signs for Mobil and Denny's Restaurant.
Maximum signage allowed on a freeway pole sign is 250 square feet. The
SOP 93-01/CUP 93-01 -.ME AUTO CENTER
NOVEMBER 17, 1993 •
PAGE 6
addition of a 66 square foot Rally's sign will result in a total square footage
of 234 square feet for this freeway service pole sign. Although the sign
program identifies the fluorescent tubing around the car wash canopy and
tower as signage (Sign H), it has not been included in the sign square
footage. This type of signage is specifically prohibited by the Sign Ordinance
as an attention getting device and will be deleted from the sign program.
Additionally, the proposed directional signage included in the sign program
is not a part of the total square footage.
MAXIMUM
SIGN 1YPE SQ. FT. ALLOWED PROPOSED
Wall Sign 233.49 227.25
Remaining Freeway 82 66
Pole Signage
h) "Adequate means of eliminating grease and oil from drainage system shall be
provided."
The project will be conditioned to comply with the City's requirements of the
National Pollutant Discharge Elimination System (NPDES) permit. This will
ensure that the best management practices are used to reduce surface
pollutants to an acceptable level prior to discharge to sensitive areas.
2-3. Qualified Overlay Zone, Chapter 21.06 and Conditional Uses, Chapter 21.42:
The proposed drive-thru restaurant, car wash, and automobile service uses each
require approval of a conditional use permit. Since these uses are all proposed on
the same site and each use is conditional due to noise, visual, and/or circulation
concerns, these uses are combined under one conditional use permit.
Findings required prior to the approval of a conditional use permit and site
development permit are very similar, and therefore, findings listed below include
those required for both the site development plan and conditional use permit:
a) That the requested uses are consistent with the various elements of the
General Plan, are properly related to the site, surroundings and
environmental setting, are necessary and desirable for the development of the
community, will not be detrimental to existing uses or to uses specifically
permitted in the area in which the proposed use is to be located, and will not
adversely impact the site, surroundings, or traffic circulation;
a
SOP 93-01/CUP 93-01 _ ,MME AUTO CENTER
NOVEMBER 17, 1993 •
PAGE 7
The proposed project will occupy a portion of an existing freeway service
facility (located at the apex of the I-5 freeway interchange) containing a
minimum of two freeway serving uses. The proposed drive-thru restaurant
and automobile service uses are travel serving and therefore properly related
to the site and desirable at this location. The car wash facility is also
properly related to the site since it provides a necessary automobile related
service to travelers and to employees of nearby industrial development.
The project site and architectural design will not adversely impact the
surrounding area since the site has been designed to ensure proper
functioning and the proposed California Spanish Mission architectural style
is consistent and compatible with surrounding development. Perimeter
landscaping averaging 6' in width is provided around the majority of the
project to screen and separate land uses.
While car wash facilities, automobile service uses, and drive-thru facilities are
typically associated with noise and/or visual impacts, these impacts are
somewhat anticipated at a freeway service facility. The increase in noise due
to the car wash is not significant and will not be detrimental to existing
commercial uses already subject to freeway traffic noise and the Mobil Car
Wash. Visual impacts of stacked cars at the entrance and drying areas of the
car wash and automobile service use and cars waiting in Rally's drive-thru
will be reduced by site design and landscaping. The car wash and
automobile service facilities will be located 150' from the Paseo del Norte
right-of-way and screened by Rally's and landscape planters which separate
land uses. The drive-thru lanes will be partially screened by the outdoor
eating area trellis and perimeter landscaping including a 3' masonry wall
within the front landscaped setback.
The project will not adversely impact offsite traffic circulation although
secondary access will be provided to the site from Palomar Airport Road by
an existing easement providing primary access to Denny's Restaurant and
secondary access to the Mobil Gas Station to the north. Primary access to
the .proposed uses will be provided from Paseo del Norte by an existing
driveway which will be moved 5' to the south, widened to 30', and intersect
the access easement. These driveways currently provide through-circulation
from Palomar Airport Road to Paseo del Norte and the proposed development
will maintain this through-circulation pattern. As shown on Exhibit"_", the
proposed site is designed to provide adequate parking and queuing for each
use to avoid negatively impacting traffic circulation through the site by
blocking these access drives.
b)' That the site for the intended use is adequate in size and shape;
SDP 93-01/CUP 93-01 -•ME AUTO CENTER
NOVEMBER 17, 1993 •
PAGE 8
The site is adequate in size and shape to accommodate the three proposed
uses. All of the uses proposed involve car stacking and the site is designed
to avoid potential conflicts resulting from waiting cars. Each use is designed
to ensure a smooth flow of traffic entering and exiting the use without
obstructing the main circulation aisle. Adequate parking is provided in close
proximity to each use, and approximately 19% of the site is landscaped.
Although no structural setbacks are proposed from the side property lease
lines for the car wash and automobile service structures, the minimum
distance between existing and proposed structures is 60 feet.
c) That all yards, setbacks, walls, fences, landscaping, and other features
necessary to adjust the requested uses to existing or permitted future uses in
the neighborhood will be provided and maintained;
The design features necessary to adjust the requested uses to existing and
permitted uses in the neighborhood will be provided and include compatible
architecture, perimeter and interior landscaping to screen and separate uses,
parking and signage in accordance with the Parking and Sign Ordinances,
adequate queuing areas for each use, and through-circulation allowing easy
and direct access to interregional traffic. Also, noise levels exceeding 60
CNEL which would potentially impact the proposed Rally's outdoor eating
area will be mitigated by a 6' high stucco and glass noise wall surrounding
the eating area and reducing the noise level at this location to below 60
CNEL thereby ensuring compatibility of onsite uses.
d) That the street system serving the proposed use is adequate to properly
handle all traffic generated by the proposed use.
The street system serving the proposed uses is adequate to properly handle
the additional 1,426 trips projected to result from this project; the
surrounding road segments and intersections will continue to _operate at
acceptable levels in accordance with Growth Management standards.
LOCAL COASfAL PROGRAM (MELLO II)
The project is consistent with all applicable policies of the Mello II Local Coastal Program
except for the requested addition of a "Rally's" sign to the existing freeway pole sign. Since
the Mello II LCP prohibits pole signs, the existing freeway service pole sign consisting of
Denny's and Mobil signage is inconsistent with Mello II and therefore nonconforming. The
LCP is implemented by the Zoning Ordinance as modified by Coastal Commission action.
In the case of nonconforming issues, the LCP is implemented by Section 21.48 (Carlsbad
Municipal Code) without modification. Section 21.48 (Carlsbad Municipal Code) allows
for the intensification of nonconforming uses by conditional use permit.
SOP 93-01/CUP 93-01 -•ME AUTO CENTER
NOVEMBER 17, 1993
PAGE 9
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Prior to granting a Conditional Use Permit for the intensification of a nonconforming use,
the Carlsbad Municipal Code (Chapter 21.48.0B0(d) requires that the following findings
are made:
a) The alteration does not exceed 25% of the replacement value of the entire structure;
The proposed addition of a 66 square foot Rally's sign to the existing 55 foot high
pole will not exceed 25% of the replacement value of the existing pole sign. The
Rally's sign is the smallest of the three signs, and its installation involves affixing
the new sign to the existing pole below the existing Mobil and Denny's signs.
Therefore, the cost including installation of one 66 square foot Rally's sign would
not exceed 25% of the cost of replacement and installation of a 55' high sign pole
and the cost and installation of the existing 96 square foot Denny's sign and 72
square foot Mobil sign.
b) The alteration is designed to be easily removed;
The Rally's sign will be affixed to an existing pole sign below the existing signs
allowing for relatively easy removal.
c) The alteration meets all applicable requirements of the code;
The Sign Ordinance permits a maximum of 250 square feet of freeway pole signage
on any lot which constitutes a freeway service facility. The proposed project is part
of an existing freeway service facility consisting of two or more freeway service
uses. Rally's is a freeway serving use and the proposed addition of 66 square feet
of signage to the existing 168 square feet for a total of 234 square feet of pole
signage is consistent with code.
Additionally, the Planning Commission must set a date for abatement of the existing
nonconforming pole sign. Staff recommends that removal of the pole signage occur
concurrent with the removal of the freeway serving uses which qualify the site as a freeway
service facility, or within one year from the date that freeway pole signs are prohibited by
the Sign Ordinance (Chapter 21.41 of the CMC) as specified by Chapter 21.48.040.
Justification for the intensification of the freeway pole sign is based on the signage
requirements of uses at this location which are within a freeway service facility accessible
to interregional traffic, and serve the needs of the traveling public. Freeway service
signage is somewhat unique since signage must be visible from some distance to alert
travelers of the need to exit the freeway or highway to access the use. Rally's is considered
a freeway serving use, however, its location at the eastern boundary of the freeway service
facility along Paseo del Norte precludes signage which is visible to the traveling public.
The freeway pole sign is the only onsite location providing this signage opportunity;
therefore, the addition of the Rally's sign is necessary for the development of the facility,
SOP 93-0llCUP 93-01 -•ME AUTO CENTER
NOVEMBER 17, 1993
PAGE 10
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consistent with the Travel Service land use designation, and its location on an existing pole
sign will not be detrimental to uses permitted in the Commercial Tourist Zone.
GROWfH MANAGEMENT
The project is located within Local Facilities Management Zone 3. The impacts on public
facilities created by this project and compliance with adopted performance standards are
summarized below:
COMPUANCE WITII
FACILI1Y IMPACTS STANDARDS
City Administration NIA NIA
Library NIA NIA
Waste Water Treatment 9.85 EDU Yes
Parks NIA NIA
Drainage NIA NIA
Circulation 1,426 ADT Yes
Fire Station #4 Yes
Open Space NIA NIA
Schools NIA NIA
Sewer Collection 9.85 EDU Yes
Water Distribution System 660 GPO Yes
IV. ENVIRONMENTAL REVIEW
The site has been previously disturbed by development and is devoid of any significant
cultura! or natural biological resources. The proposed car wash will increase surrounding
noise levels but will not impact surrounding land uses by significantly increasing ambient
noise levels of the area. Based upon a field survey and findings of the initial study Part II,
the Planning Director has determined that no significant environmental impacts will result
from the project and a Negative Declaration was issued on September 23, 1993. The
Negative Declaration was sent out for public review and to the State Clearinghouse for
State agency review and no comments were received.
SDP 93-01/CUP 93-01 -!ME AUTO CENTER
NOVEMBER 17, 1993
PAGE 11
Summary
•
The project is consistent with the underlying TS General Plan Designation and findings
required to grant a site development plan and conditional use permit to allow the proposed
uses in the CT-Q zone can be made. Therefore, staff recommends approval of SOP 93-01
and CUP 93-01 as conditioned with two exceptions.
The first exception involves one element of Rally's architectural design. Staff recommends
that a condition be included to require the replacement of the red plastic canopies with
stucco coated canopies providing red plastic reveals or inserts around the canopy sides.
This minor change would add to the architectural quality of the development. Although
Rally's has cooperated with staff by revising their architectural plans to be compatible with
the overall project architectural design, Rally's Corporate offices have indicated they are
not willing to make this compromise since the red canopy is a recognizable Rally's logo
which is a part of all of their facilities.
The second exception involves an architectural design element proposed as part the car
wash tower and canopy. This element consists of a fluorescent tube light which surrounds
the tower and canopy beneath the roof structure.
Staff recommends that the Planning Commission determine this flourescent tubing to be
an attention getting device which is prohibited by the Sign Ordinance. If this
determination is made, the flourescent tubing would have to be eliminated prior to finding
that the proposed structures will not visually impact the area.
ATTACHMENTS
1. Planning Commission Resolution No. 3569
2. Planning Commission Resolution No. 3570
3. Planning Commission Resolution No. 3571
4. Location Map
5. Background Data Sheet
6. Local Facilities Impact Assessment Form
7. Disclosure Form
8. Reduced Exhibits
9. Exhibits "A" -"L" dated November 17, 1993.
AH:vd:lh
Ocrober 20, 1993
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PLANNING COMMISSION RESOLUTION NO. 3569
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA APPROVING A NEGATIVE
DECLARATION FOR A SITE DEVELOPMENT
PLAN/CONDITIONAL USE PERMIT TO ALLOW A DRIVE-
THRU RESTAURANT, CAR WASH, AND AUTOMOBILE
SERVICE FACILITY IN THE COMMERCIAL TOURIST ZONE.
CASE NAME: PRIME AUTO CENTER
CASE NO: SDP 93-01/CUP 93-01
WHEREAS, the Planning Commission did on the 17th day of November,
1993, 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, examining the initial study, analyzing the information submitted by staff,
and considering any written comments received, the Planning Commission considered all
factors relating to the Negative Declaration.
as follows:
A)
B)
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Planning
Commission hereby APPROVES the Negative Declaration according to Exhibit
"ND", dated September 23, 1993, and 11PII", dated September 13, 1993,
attached hereto and made a part hereof, based on the following findings:
20 Finding§:
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The initial study shows that there is no substantial evidence that the project may
have a significant impact on the environment.
The site is a flat infill lot which has been previously disturbed.
The streets are adequate in size to handle traffic generated by the proposed project.
There are no sensitive cultural or biological resources located onsite or located so
as to be significantly impacted by this project.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 17th day of November, 1993,
by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Chairperson Noble, Commissioners: Schlehuber, Betz, Savary
& Erwin.
Commissioner Welshans.
Commissioner Hall.
None. A • 1., --n~
BAf~, Chairperson
CARLSBAD PLANNING COMMISSION
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PLANNING DIRECTOR
PC RESO NO. 3569 -2-
ENVIRONMENfAL IMPACT ASSESSMENT FORM -PART II
(TO BE COMPLETED BY THE PLANNING DEPARTMENT)
CASE NO. SDP 93·01/CUP 93-0l
DATE: SEPTEMBER 13, 1993
BACKGROUND
1. CASE NAME: ~P-=-n=·m=e:....:.;A=u=to;;.....;::;C=en=t=e __ r ____________________ _
2. APPLICANT: Richard Stupin/Amie Slaughter
3. ADDRESS AND PHONE NUMBER OF APPLICANT: ...... Ri .... ·c=h=a ...... rd __ A.._.'-'S=t-=-up=i=n _______ _
4.
5.
1445 W. Beverly Boulevard
Montebello CA 90640
DATE EIA FORM PART I SUBMITTED: ...:M=a=r=ch=-=-1=6,...._1:::..o:9'""'9"""'3 ___________ _
PROJECT DESCRIPTION: A 711 sq. ft. drive-thru restaurant fronting on Paseo del Norte with
a two story car wash and office and a quick oil and lube facility located in the rear half of the
lot adjacent to the r-s freeway.
ENVTRONMENT AL IMPACTS
STATE CEQA GUIDELINES, Chapter 3, Article S, section 15063 requires that the City conduct an
Environmental Impact Assessment to determine if a project may have a significant effect on the environment.
The Environmental lmpact Assessment appears in the following pages in the fonn of a checklist. This checklist
identifies any physical, biological and human factors that might be impacted by the proposed project and
provides the City with information to use as the basis for deciding whether to prepare an Environmental
Impact Report or Negative Declaration.
* A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or
any of its aspects may cause a significant effect on the environment. On the checklist, "NO" will be checked
to indicate this determimttion.
* An EIR must be prepared if the City determines that there is substantial evidence that any aspect of the
project may cause a significant effect on the environment. The project may qualify for a Negative
Declaration however, if adverse impacts are mitigated so that environmental effects can be deemed
insignificant. These findings are shown in the checklist under the headings "YES-sig'' and ''YES-insig''
respectively.
f-. discussion of potential impacts and the proposed mitigation measures appears at the end of the form under
DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing
mitigation for impacts which would otherwise be determined significant.
--PHYSICAL ENVIRONMENT
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Result in unstable earth conditions or
increase the exposure of people or property
to geologic hazards?
Appreciably change the topography or any
unique physical features?
Result in or be affected by erosion of soils
either on or off the site?
Result in changes in the deposition of beach
sands, or modification of the channel of a
river or stream or the bed of the ocean or
any bay, inlet or lake?
Result in substantial adverse effects on
ambient air quality?
Result· in substantial changes in air
movement, odor, moisture, or temperature?
Substantially change the course or flow of
water (marine, fresh or flood waters)?
Affect the quantity or quality of surface
water, ground water or public water supply?
Substantially increase usage or cause
depletion of any natural resources?
Use substantial amounts of fuel or energy?
Alter a significant archeological,
paleontological or historical site,
structure or object?
(sig) (insig)
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NO
_x_
_x_
_x_
_x_
_x_
_x_
_x_
_x_
BIOLOGICAL ENVIRONMENT
V.1LL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO
(sig) (insig)
12. Affect the diversity of species, habitat
or numbers of any species of plants (including
trees, shrubs, grass, microflora and aquatic
plants)? _x_
13. Introduce new species of plants into an arf!a,
or a banier to the normal replenishment of
existing species? _x_
14. Reduce the amount of acreage of any
agricultural crop or affect prime, unique
or other farmland of state or local
importance? _x_
15. Affect the diversity of species, habitat
or numbers of any species of animals (birds,
land animals, all water dwelling organisms
and insects? _x_
16. Introduce new species of animals into an
area, or result in a barrier to the
migration or movement of animals? -_x__
HUMAN ENVIRONMENT
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO
(sig) (insig)
17. Alter the present or planned land use
of an.area? _x_
18. Substantially affect public utilities,
schools, police, fire, emergency or other
public services? _x_
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HUMAN ENVIRONMENT
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
Result in the need for new or modified sewer
systems, solid waste or hazardous waste
control systems?
rncrease existing noise levels?
Produce new light or glare?
Involve a significant risk of an explosion
or the release of hazardous substances
(including, but not limited to, oil,
pesticides, chemicals or radiation)?
Substantially alter the density of the
human population of an area?
Affect existing housing, or create a demand
for additional housing?
Generate substantial additional traffic?
Affect existing parking facilities, or
create a large demand for new parking?
rmpact existing transportation systems or
alter present patterns of circulation or
movement of people and/or goods?
Alter waterborne, rail or air traffic?
rncrease traffic hazards to motor
vehicles, bicyclists or pedestrians?
Interfere with emergency response plans or
emergency evacuation plans?
Obstruct any scenic vista or create an
aesthetically offensive public view?
Affect the quality or quantity of
existing recreational opportunities?
(sig) (insig)
....x_
NO
....x_
...x_
....x_
...x_
....x_
....x_
MANDATORY FINDINGS OF SIGNIFICANCE
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO
(sig) (insig)
33. Does the project have the potential
to substantially degrade the quality
of the environment, substantially
reduce the habitat of a fish or wild-
life species, cause a fish or wildlife
population to drop below self-sustaining
levels, threaten to eliminate a plant or
animal community, reduce the number or
restrict the range of a rare or en•
dangered plant or animal, or eliminate
important examples of the major periods
of California history or prehistory. __x_
34. Does the project have the potential
to achieve short-term, to the dis•
advantage of long-term, environmental
goals? (A short-term impact on the
environment is one which occurs in a
relatively brief, definitive period of
time while long-term impacts will
endure well into the future.) __x_
35. Does the project have the possible
environmental effects which are in-
dividually limited but cumulatively
considerable? ("Cumulatively con•
siderable" means that the incremental
effects of an individual project are
considerable when viewed in connection
with the effects of past.projects, the
effects of other current projects, and
the effects of probable future projects.) ' __x_ -
36. Does the project have environmental
effects which will cause substantial
adverse effects on human beings,
either directly or indirectly? J_
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orscussroN Of ENVIRONMENT AL EVALUATION
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3-4.
5.
6.
8.
9-10.
11.
Minimal grading (300 cubic yards) is proposed for this project which is located on a relatively flat,
previously graded infill lot containing no unique physical features. Compliance with the City's
Grading Ordinance will preclude any unstable earth conditions. The project site is not identified as
having any geotechnical hazards and there are no known active or potentially active faults located
within the City limits.
The project has frontage on an improved secondary arterial 7. providing the necessary storm drain
connections, and the project's drainage design will avoid potential onsite or offsite soil erosion. The
project is not adjacent to a river, stream, lake, or major body of water; therefore, the grading and
drainage will not impact the deposition of beach sand or modify water features.
The project will generate an additional 1,426 average daily vehicular trips resulting in long-term air
pollutant emissions which when considered with other development in the air basin will contribute
to nonattainrnent of clean air standards. In accordance with the City's General Plan policy
requirements to reduce air quality impacts to the lowest level possible, the proposed uses are
consistent with policies requiring that travel service commercial areas be located along the I-5
Corridor ens_uring accessibility and requiring that Growth Management performance standards for
circulation facilities are met.
The project consists of two small scale single story structures and one two story linear structure
designed to permit air movement to occur in both directions through the site. No substantial odor
or change in air temperature or moisture will result from the project since uses will be conducted in
enclosed structures.
Project compliance with the National Pollutant Discharge Elimination System permit requirements
will avoid substantial adverse affects from project runoff into surrounding manmade and natural
drainage facilities.
The project is small in scale covering 1.35 acres consisting of a flat infill lot. The proposed car wash
will utilize large quantities of water, however, the use contains a water recycling system to conserve
water, and building permits will not be issued for development unless the water district serving the
project determines that adequate water service is available. the proposed uses are service uses
unlikely to consume substantial amounts of fuel or energy.
The project is located on a previously graded infill lot adjacent to I-5 freeway with no significant
archaeological, paleontological or historical resources existing onsite.
12-16. The project site is a previously graded, asphalt covered, infill lot surrounded by urban development,
therefore, there will be no significant impacts to biological resources or agricultural lands.
17-18. The proposed uses are allowed upon the approval of a conditional use permit based on required
findings. The project is compatible with surrounding commercial uses and the necessary public
utilities and services are in place to serve the facility without exceeding performance standards
required by the Growth Management Ordinance .•
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21.
22.
The project will ii;crease. existing noise. levels, however, the only s:1=-5itive onsite or offsite teceptor
is the outdoor eanng area proposed adJacent to Rally's Burgers. Mitigation measures which include
sound barriers around the outdoor eating area will reduce noise impacts to below 65 CNEL.
The project includes inter:ially lighted wall signage and pole lighting, however, the additional light
will not create a substannal adverse impact to the area. The project is located adjacent to the I-5
freeway and at the intersection of two circulation arterials with existing commercial uses located on
three of the four comers of the intersection. No residential uses exist at this intersection. The
surrounding commercial uses all produce equivalent light and glare. Pole lighting will be directed .
to avoid light spillage offsite, no freeway signage will be pennitted, and project lighting will not
impact residential uses.
The project includes a Quick Oil Change operation and car wash which have the potential to involve
the release of hazardous substances, however; the project is required to receive a Waste Discharge
Permit from the Encina Water Pollution Control Facility which controls the release of nazardous
substances into the sewer system. The project must also comply with NPDES pennit requirements
to avoid the release of hazardous substances into· the storm drain systems.
23-24. The project consists of commercial service uses located on a vacant commercial lot with relatively
few employees. The project will therefore have no impact on population densir: • r existing housing,
and will not create a demand for additional housing. •
25,27. The road segments and intersections serving the project currently operate at acceptable levels (or
are currently being improved to operate at acceptable levels), and the relatively low average daily
trip generation of this project will not significantly reduce the existing levels of service.
26. The project, located on a vacant lot, will not impact existing facilities and will provide adequate
onsite parking to serve all proposed us~s.
28. The project's location precludes any impact to waterborne, rail or air traffic.
29. The project site fronts on a secondary arterial providing two lanes of traffic each way. The project
is designed to avoid traffic hazards by providing unobstructed sight distance. at points of ingress and
egress, adequate onsite automobile queuing areas for all uses to avoid traffic back-up onto the
roadway at the project entry, and parking spaces in proximity to each use thereby avoiding conflicts
between onsite pedestrian and automobile circulation.
30. The project will not interfere with emergency response plans or emergency evacuation plans.
31. The project is located adjacent to the Interstate 5 freeway on an infill commercial lot surrounded by
existing commercial developments. No scenic vista will be impacted due to this development, and
project landscaping and architecture should enhance the area and ensure a vis~ally pleasing
development.
32-. No existing recreational opportunities will be impacted by the project.
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ANALYSIS OF VIABLE ALTERNATIVES TO THE PROPOSED PROJECT SUCH AS:
a) Phased development of the project,
b) alternate ·site designs,
c) alternate scale of development,
d) alternate uses for the site,
e) development at some future time rather than now,
f) alternate sites for the proposed project, and
g) _no project alternative.
a. The project is too small in scale to consider long term phasing of development.
b. The project has been reviewed to ensure functionality. Several design options have been considered
prior to arriving at an acceptable design; therefore, alternate site designs without_ eliminating one or
more of the proposed uses have already been considered.
c. The proposed scale of development is small one and two story structures situated in a linear design from
the front to rear of the lot. This scale of development is consistent with surrounding development and
can be accommodated at the proposed site. Consideration of an alternate scale of development, without
eliminating one or more of the uses, is unlikely to result in a superior project.
d. The proposed uses consist of a drive-thru restaurant, car wash, and quick oil change requiring a
conditional use permit in the commercial tourist zone. These uses are service oriented catering to both
the traveling public and surrounding residential users. Alternative uses such as hotels and motels
permitted by right in the commercial tourist zone would result in a larger scale, more intense
development. These alternatives are unlikely to result in an environmentally superior project.
e,g. The project site is an infill commercial lot which has been previously disturbed by asphalt paving. •
Alternatives such as not developing the site or delaying the project to some future date will achieve no
environmental purpose due to the previous disturbance.
f. The project's location adjacent to the I-5 freeway on the west, to existing travel service uses (gas station
and restaurant) on the north, and a parking lot on the south reduces. the potential noise and visual
impacts to surrounding uses that car wash and car repair facilities often generate. Alternate sites
include community commercial centers where these uses are less desirable, or the village redevelopment
area where compatibility issues often preclude these types of uses.
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PLANNING COMMISSION RESOLUTION NO. 3570
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CI1Y OF CARLSBAD, CALIFORNIA, APPROVING A SITE
DEVELOPMENT PLAN NO. SDP 93-01 ON PROPER1Y
GENERALLY LOCATED SOUTH OF EXISTING DEVELOPMENT
AT THE SOUTHWEST CORNER OF PASEO DEL NORTE AND
PALOMAR AIRPORT ROAD IN THE COMMERCIAL TOURIST
ZONE.
CASE NAME: PRIME AUTO CENTER
CASE NO: SDP 93-01
WHEREAS, a verified application 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, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on the 17th day of November, 1993, consider said request on property
described as:
Portion of Lot H, Rancho Agua Hedionda, Map 823.
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 SDP 93-01.
NOW, THEREFORE, IT HEREBY RESOLVED by the Planning Commission
22 1 of the City of Carlsbad as follows:
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B) That based on the evidence presented at the public hearing, the Commission
APPROVE SDP 93-01, based on the following findings and subject to the
following conditions:
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• din Fm gs:
1.
2.
3.
4.
That the requested use is properly related to the site, surroundings and
environmental settings, and will not adversely impact the site, surroundings or
traffic circulation;
The proposed project will occupy a portion of an existing freeway service facility
containing a minimum of two freeway servicing uses. The proposed restaurant and
automobile service use are travel serving and therefore properly related to the site,
and the car wash will provide a necessary automobile related service to travelers
and nearby industrial employees. The project site and architectural design will not
adversely impact the surrounding area since the site has been designed to ensure
proper functioning and the proposed architectural style is compatible with
surrounding development.
All findings of Planning Commission Resolution No. 3571 for CUP 93-01 are
incorporated herein by reference.
This project is consistent with the CT Zone and Qualified Overlay Zone and meets
all requirements of Chapter 21 of the City's Municipal Code.
Approval of SOP 93-01 is granted subject to approval of CUP 93-01.
Conditions:
1. All Conditions imposed by Planning Commission Resolution No. 3571 for CUP 93-01
are incorporated herein by reference.
PC RESO NO. 3570
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•
PLANNING COMMISSION RESOLUTION NO. 3571
A RESOLUTION OF THE PLANNING COMMISSION DF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW A DRIVE-THRO
RESTAURANT, CAR WASH AND AUTO MOBILE SERVICE
FACILITY ON PROPERTY GENERALLY LOCATED ON THE
SOUTHWEST CORNER OF PASEO DEL NORTE AND
PALOMAR AIRPORT ROAD SOUTH OF THE EXISTING
DEVELOPMENT.
CASE NAME: PRIME AUTO CENTER
CASE NO: CUP 93-01
WHEREAS, a verified application 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, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on the 17th day of November, 1993, hold a duly noticed public hearing
to consider said application on property described as:
Portion of Lot H, Rancho Agua Hedionda, Map 823.
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 CUP 93-01.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
APPROVE CUP 93-01, based on the following findings and subject to the follovving
conditions:
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Findings:
1.
2.
3.
4.
The existing automobile service station in the CT zone which do not provide
services such as automobile lube and oil or full service car washes are
complemented by the lube and oil facility and car wash uses; these uses are
therefore consistent with allowing automobile service stations and car washes in
conjunction with automobile service stations in the CT zone (Chapter 21.29.050).
Fluorescent tube or neon lighting on the building exteriors which is not a part of
an approved sign is an attention getting device prohibited by the Sign Ordinance
(Chapter 21.41.050(2) of the Carlsbad Municipal Code).
That the requested use is a necessary or desirable for the development of the
community, b) is essentially in harmony with the various elements and objectives
of the general plan, and c) is not detrimental to existing uses or to uses specifically
permitted in the zone in which the proposed use is to be located;
a).
b).
c).
The requested uses are necessary and desirable for the development of the
community at this location since restaurant and automobile related services
are proposed as part of an existing freeway service facility providing
necessary services to travelers and to employees of nearby industrial
development;
The project is in hannony with the various elements and objectives of the
General Plan since the underlying Travel Service designation allows
commercial service uses accessible to interregional traffic which will serve
business and industrial areas as well as the traveling public. The proposed
commercial service uses and the site's location at the intersection of
Palomar Airport Road and Paseo del Norte adjacent to the I-5 freeway
enables easy and direct access from I-5 and from industrial parks located
along Palomar Airport Road; and
The project is not detrimental to existing uses or to uses specifically
permitted in the zone in which the proposed uses are to be located since
the site has been designed to ensure proper functioning and the proposed
architectural style is consistent and compatible with surrounding
development. Potential noise and visual impacts to surrounding uses have
been reduced to insignificant levels by project landscaping and a noise
barrier around the Rally's outdoor eating area.
That the site for the intended use is adequate in size and shape to accommodate
the uses by ensuring a site design which provides through-circulation and avoids
potential conflicts from waiting cars enabling the smooth flow of traffic through
the site. Adequate parking is provided in close proximity to each use and
PC RESO NO. 3571 -2-
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5.
6.
perimeter and interior landscaping totaling 19% of the site is provided.
That all of 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;
Design features necessary to adjust the requested uses to existing and permitted
uses in the neighborhood will be provided and include compatible architecture,
perimeter and interior landscaping to screen and separate uses, parking and
sign.age in accordance with the Parking and Sign Ordinances, adequate queuing
areas for each use, and through-circulation allowing easy and direct access to
interregional traffic.
That the street system serving the proposed use is adequate to properly handle all
traffic generated by the proposed use.
The street system serving the proposed uses is adequate to properly handle the
additional 1,426 trips projected to result from this project with surrounding road
segments and intersections continuing to operate at acceptable levels in accordance
with Growth Management standards.
7. The proposed addition of a 66 square foot Rally's sign to the existing freestanding
pole sign will not exceed 25% of the replacement value of the existing pole signs.
8. The Rally's sign will be affixed to an existing pole sign below the existing signs
allowing for relatively easy removal.
9. The Sign Ordinance permits a maximum of 250 square feet of freestanding (pole)
signage on any lot which constitutes a freeway service facility and consists of two
or more freeway serving uses. The existing freeway service facility consists of two
freeway serving uses and the proposed addition of 66 square feet of Rally's sign.age
to the existing 168 square feet for a total of 234 square feet of pole sign.age is
consistent with code.
10. Since sign.age must be visible from some distance to alert travelers of the need to
exit the freeway or highway to access uses located within a freeway service
facility, the intensification of the nonconforming freestanding pole sign located
within an existing freeway service facility is necessary for the development of the
freeway service facility and therefore the community, consistent with the Travel
Service General Plan land use designation, and not detrimental to uses permitted
in the Commercial Tourist Zone.
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Conditions:
1.
2.
Approval is granted for CUP 93-01, as shown on Exhibit(s) "A"-"L", dated
November 17, 1993, incorporated by reference and on file in the Planning
Department. Development shall occur substantially as shown unless otherwise
noted in these conditions.
The developer shall provide the City with a reproducible 24" x 36", mylar copy of
the site plan as approved by the Planning Commission. The plan shall reflect the
conditions of approval by the City. The plan copy shall be submitted to the City
Engineer and approved prior to building, grading, final map, or improvement plan
submittal, whichever occurs first.
3. This project is approved upon the express condition that building permits will not
be issued for development of the subject property unless the District Engineer
determines that sewer facilities are available at the time of application for such
sewer permits and will continue to be available until time of occupancy.
4. This project is also approved under the express condition that the applicant pay
the public facilities fee adopted by the City Council on July 28, 1987 (amended
July 2, 1991) and as amended from time to time, and any development fees
established by the City Council pursuant to Chapter 21.90 of the Carlsbad
Municipal Code or other ordinance adopted to implement a growth management
system or facilities and improvement plan and to fulfill the subdivider's agreement
to pay the public facilities fee dated April 2, 1993, a copy of which is on file with
the City Clerk and is incorporated by this reference. If the fees are not paid this
application will not be consistent with the General Plan and approval for this
project will be void.
5. Water shall be provided to this project pursuant to the Water Service agreement
between the City of Carlsbad and the Carlsbad Municipal Water District, dated May
25, 1983.
6. This project shall comply with all conditions and mitigation measures which may
be required as part of the Zone 3 Local Facilities Management Plan and any
amendments made to that Plan prior to the issuance of building permits.
7. 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 Section 65913.5. 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.
PC RESO NO. 3571 -4-
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8. This approval shall become null and void if building permits are not issued for this
project within two years from the date of project approval.
9. Approval of CUP 93-01 is granted subject to the approval of SOP 93-01.
10. This conditional use permit is granted for a period of 10 years. 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 significant detrimental impact on surrounding properties or the public
health and welfare. If the Planning Director determines that the use has such
significant adverse impacts, the Planning Director shall recommend that the
Planning Commission, after providing the permittee the opportunity to be heard,
add additional conditions to mitigate the significant adverse impacts. This permit
may be revoked at any time after a public hearing, if it is found that the use has
a significant detrimental affect 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 10 years upon
written application of the permittee made no less than 90 days prior to the
expiration date. In granting such extension, the Planning Commission shall find
that no substantial adverse affect on surrounding land uses or the public's health
and welfare will result because of the continuation of the permitted use. If a
substantial adverse affect on surrounding land uses or the public's health and
welfare is found, the extension shall be considered as an original application for
a conditional use permit. There is no limit to the number of extensions the
Planning Commission may grant.
11. If the property owner/ owners' address changes from that which is shown on the
conditional use permit application, a notice of a change of address shall be
reported, in writing, to the Planning Department within 30 days.
12. Prior to the issuance of the building permit there shall be a Notice of Restriction
placed on the Deed to this property subject to the satisfaction of the Planning
Director notifying all interested parties and successors in interest that the City of
Carlsbad has issued a Conditional Use Permit and Site Development Plan by
Resolution Nos. 3570 and 3571 on the real property owned by the declarant. 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
restrictions referred to in said notice may be modified or terminated only with the
approval of the Planning Director, Planning Commission or City Council of the City
of Carlsbad whichever has final decision authority for this project.
PC RESO NO. 3571 -5-
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13. Trash receptacle areas shall be enclosed by a six-foot high masoruy wall with gates
pursuant to City standards. Location of said receptacles shall be approved by the
Planning Director. Enclosure shall be of similar colors and/or materials to the
project to the satisfaction of the Planning Director.
14. 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 Directors of Planning and Building.
15. No outdoor storage of material shall occur onsite unless required by the Fire Chief.
In such instance a storage plan will be submitted for approval by the Fire Chief
and the Planning Director.
16. The applicant shall prepare a detailed landscape and irrigation plan which shall be
submitted to and approved by the Planning Director prior to the approval of
grading or building plans, whichever occurs first.
17. All parking lot trees shall be a minimum of 15 gallons in size.
18. All landscaped areas shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris.
19. All landscape plans shall be prepared to conform with the Landscape Manual and
submitted per the landscape plan check procedures on file in the Planning
Department.
20. Landscape plans shall be designed to minimize water use. Lawn and other zone
1 plants (see Landscape Manual) shall be limited to areas of special visual
importance or high use. Mulches shall be used and irrigation equipment and
design shall promote water conservation.
21. The developer shall avoid trees that have invasive root systems, produce excessive
litter and/ or are too large relative to the lot size.
22. Planter width shall be a minimum of four ( 4) feet, not including curb, footings
and/ or other paving, and parking overhang.
23. Prior to final occupancy, a letter from a California licensed landscape architect
shall be submitted to the Planning Director certifying that all landscaping has been
installed as shown on the approved landscape plans.
24. The applicant shall pay a landscape plan check and inspection fee as required by
Section 20.08.050 of the Carlsbad Municipal Code.
PC RESO NO. 3571 -6-
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25. The minimum shrub size shall be 5 gallons.
26. 30% of trees in industrial and commercial projects shall be 2411 box or greater.
27. 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 Planning Director prior to installation of such signs.
28. The applicant shall remove the wood posts located adjacent to the southern
property lease line and the northern boundary of Hadley's parking lot.
29. Project lighting shall be directed downward to avoid light spillage onto adjacent
properties.
30. Fluorescent tube lighting proposed as an architectural element on buildings in this
development is strictly prohibited.
31. A uniform sign program for this development is included as part of this project.
Prior to issuance of a sign permit for individual signs, the Planning Director shall
determine that signage is compatible in color and material with signage existing
within the freeway service facility which includes the Mobile Gas Station and Car
Wash and Denny's Restaurant.
32. Offices within the car wash structure are restricted to onsite uses which may
include car wash, car service facility, and fast food restaurant personnel only.
33. Prior to issuance of a grading or building permit, whichever occurs first, the
applicant shall provide evidence of an approved Coastal Development Permit.
34. Prior to issuance of building permits, the applicant shall submit a color materials
board for Planning Director approval. These shall be consistent with materials and
colors proposed by the applicant during project review.
35. The pole signage shall be abated consistent with the requirements of any future
ordinances implementing the LCP which set a time limit for conformance with the
sign requirements of the LCP.
36. The red plastic canopies with neon lights as shown on Rally's architectural
elevation, Exhibit "F", shall be replaced with stucco coated canopies consistent with
the building exterior and subject to the approval of the Planning Director.
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Engineering Conditions:
37. Unless a standards variance has been issued, no variance from City Standards is
authorized by virtue of approval of this site plan.
38. The applicant shall comply with all the rules, regulations and design requirements
of the respective sewer and water agencies regarding services to the project.
39. The applicant shall be responsible for coordination with S.D.G.&E., Pacific Bell
Telephone, and Cable TV authorities.
40. Prior to building permit issuance the applicant shall pay all current fees and
deposits required.
41. Pretreatment of the sanitary sewer discharge from this project may be required.
In addition to the requirements for a sewer connection permit the applicant shall
conform to the requirements of Chapter 13.16 of the Carlsbad Municipal Code.
The applicant shall apply for an industrial waste water discharge permit
concurrently with the building permit for this project.
42. Prior to hauling dirt or construction materials to or from any proposed
construction site within this project, the applicant shall submit to and receive
approval from the City Engineer for the proposed haul route. The applicant shall
comply with all conditions and requirements the City Engineer may impose with
regards to the hauling operation.
43. The applicant shall comply with the City's requirements of the National Pollutant
Discharge Elimination System (NPDES) permit. The applicant shall provide best
management practices to reduce surface pollutants to an acceptable level prior to
discharge to sensitive areas. Plans for such improvements shall be approved by the
City Engineer prior to issuance of building permit.
Water Conditions:
44. The entire potable and non-potable water system, reclaimed water system and
sewer system shall be evaluated in detail to ensure that adequate capacity and
pressure and flow demands are met.
45. The developer shall be responsible for all fees, deposits and charges which will be
collected at time of issuance of the building permit. The San Diego County Water
Authority capacity charge will be collected at issuance of application for meter
installation.
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46. Sequentially, the Developers Engineer shall do the following:
47.
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B.
C.
Meet with the City Fire Marshall and establish the fire protection
requirements.
Prepare a colored reclaimed water use area map and submit to the Planning
Department for processing and approval.
Schedule a meeting with the District Engineer for review, comment and
approval of the preliminary system layout usage (G.P.M. E.D.U.) plan for
potable, reclaimed and sewer systems prior to the preparation of
improvement plans.
This project is approved upon the expressed condition that building permits will
not be issued for development to the subject property unless the water district
serving the development determines that adequate water service and sewer
facilities are available at the time of application for such water service and sewer
permits will continue to be available until time of occupancy. This note shall be
placed on the final map.
Fire Conditions:
48. Prior to the issuance of building permits, complete building plans shall be
submitted to and approved by the Fire Department.
49. Additional onsite public water mains and fire hydrants are required.
50. Applicant shall submit a site plan to the Fire Department for approval, which
depicts location of required, proposed and existing public water mains and fire
hydrants. The plan should include off-site fire hydrants within 200 feet of the
project.
51. Applicant shall submit a site plan depicting emergency access routes, driveways
and traffic circulation for Fire Department approval.
52. An all-weather, unobstructed access road suitable for emergency service vehicles
shall be provided and maintained during construction. When, in the opinion of the
Fire Chief, the access road has become unserviceable due to inclement weather or
other reasons, he may, in the interest of public safety, require that construction
operations cease until the condition is corrected.
53. All required water mains, fire hydrants and appurtenances shall be operational
before combustible building materials are located on the construction site.
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