HomeMy WebLinkAbout1996-08-07; Design Review Board; Resolution 2491
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DESIGN REVIEW BOARD RESOLUTION NO. 249
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE
CITY OF CARLSBAD, CALIFORNIA RECOMMENDING
APPROVAL OF A MAJOR REDEVELOPMENT PERMIT TO
ALLOW THE DEMOLITION OF WORK BAYS AT AN EXISTING
UNOCAL GAS STATION, TO CONTINUE THE EXISTING GAS
STATION USE, AND TO ALLOW THE CONSTRUCTION OF A
NEW EXPRESS CAR WASH AT 880 CARLSBAD VILLAGE
DRIVE ON THE NORTHWEST CORNER OF CARLSBAD
VILLAGE DRIVE AND HARDING STREET.
CASE NAME: UNOCAL GAS STATION AND CAR WASH
CASE NO: RP 96-03
WHEREAS, a verified application has been filed with the City of Carlsbad and
referred to the Design Review Board; and
WHEREAS, said verified application constitutes a request for a Redevelopment
Permit , as provided by Chapter 21.35 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Design
Review Board did, on the 17th day of April, 1996, hold a duly noticed public hearing to
consider said application on property described as:
Lots 29 through 32, Block 56, Town of Carlsbad, in the County of
San Diego, State of California, according to the map thereof No. 775
filed in the Office of the County Recorder of San Diego County
February 15, 1895.
WHEREAS, the Design Review Board did continue the public hearing on the
subject project from the 17'h day of April,l996 to the 7'h day of August, 1996 in order to
provide the applicant with additional time to address issues and concerns raised during
the public hearing; and
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DRB Resolution No. 249
RP 96-03
WHEREAS, at said continued public hearing held on the 7*h day of August, 1996,
upon hearing and considering all testimony and arguments, if any, of all persons
desiring to be heard, said Board considered all factors relating to RP 96-03.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review Board
of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
b) That based on the evidence at the public hearing, the Design Review Board
recommends APPROVAL of RP 96-03, based on the following findings and
subject to the following conditions:
Findings:
1. The project is consistent with all City public facility policies and ordinances since:
a. The Design Review Board has, by inclusion of an appropriate condition to
this project, ensured that the project will not be approved unless the
Housing and Redevelopment Commission finds that sewer service is
available to serve the project. In addition, the Design Review Board has
added a condition that a note shall be placed on the project that building
permits may not be issued for the project unless the District Engineer
determines that sewer service is available, and building cannot occur
within the project unless sewer service remains available, and the Design
Review Board is satisfied that the requirements of the Public Facilities
Element of the General Plan have been met insofar as they apply to
sewer service for this project.
b. All necessary public improvements have been provided or will be required
as conditions of approval.
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DRB Reso. No. 249
RP 96-03
C. The applicant has agreed and is required by the inclusion of an
appropriate condition to pay a public facilities fee. Performance of that
contract and payment of the fee will enable this body to find that public
facilities will be available concurrent with need as required by the General
Plan.
d. Assurances have been given that adequate sewer for the project will be
provided by the City of Carlsbad.
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The proposed project is compatible with the surrounding land uses and future
land uses since surrounding properties are designated for freeway serving
commercial uses within the Village Redevelopment Plan and for "village" uses
within the General Plan.
The applicant is by condition, required 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.
This project will not cause any significant environmental impacts and a Negative
Declaration has been issued by the Planning Director on June 12, 1996 and
approved by the Design Review Board on August 7, 1996.
This project is consistent with the City's Growth Management Ordinance as it
has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 1.
The proposed project complies with the findings necessary for approval of a car
wash as follows:
A. The site has been designed to reduce the visual impacts of buildings and
waiting cars on surrounding development and from public streets.
The car wash building has been designed to be consistent with the new
guidelines for the Village Redevelopment Area based on function of the
land uses. The queuing area for the car wash has been screened by
landscaping. Also, the landscaping for the site includes several trees
which will soften building facades. As such, the building and car wash
queuing areas have been designed to reduce visual impacts.
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DRB Reso. No. 249
RP 96-03
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All structures have been designed to be architecturally compatible with
surrounding development. The area in which the proposed project is
located includes a variety of architectural style. The proposed structures
on the site will have finishes, coloring, and landscaping which is
consistent with the new Village Master Plan and Design Manual and also
compatible with surrounding development.
Based on the design of the project, the self-service car wash will result
in no increase in noise levels on the site which will have an adverse
impact on surrounding properties.
The street system serving the proposed project is adequate to properly
handle all traffic generated by the proposed project.
Adequate parking and circulation shall be provided onsite to
accommodate the proposed use. Access to the site will be provided from
Carlsbad Village Drive and Harding Street. To improve circulation on the
site, the canopies are being reoriented to run east to west and a pass
through area has been created in the center of the canopy area to allow
customers to easily access the car wash. The car wash can be accessed
from Harding Street or Carlsbad Village Drive. Adequate space has been
provided for queuing.
Waiting areas for cars will be screened by a combination of landscaping
and fencing. Visual impacts from waiting cars at the entrance to the car
wash will be reduced through the use of landscaped planters which
include several trees. The landscaped areas will be on both sides of the
driveway, or vehicle waiting areas, into the proposed car wash. These
areas will include various types of shrubs and flowering plants which will
be visually appealing as well as provide a screen to the waiting cars. The
project has been conditioned for the owner to maintain all of the
landscaping in a healthy and thriving condition. In addition, the entrance
to the car wash will be oriented to the west which faces an alley and the
side of the adjacent commercial (bank) building.
The signs for the project will be approved under separate permit. The
project has been conditioned to require the sign permit(s) to be consistent
with the Village Design Manual in effect at the time of sign permit
application.
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DRB Reso. No. 249
RP 96-03
H. Adequate means of eliminating grease and oils from drainage systems
shall be provided. The project has been conditioned to comply with the
City's requirements of the National Pollutant Discharge Elimination
System (NPDES) permit. This condition will ensure that the best
management practices are used to reduce surface pollutants to an
acceptable level prior to discharge into the storm drain system.
7. That the service station is existing and remains consistent with the goals and
objectives for the Village Redevelopment Area and shall be allowed to continue
its operations subject to the conditions noted herein.
Conditions:
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The Design Review Board does hereby recommend approval of RP 96-03 for
the Major Redevelopment Permit project entitled "Unocal Gas Station and Car
Wash". (Exhibits A - G on file in the Housing and Redevelopment Department
and incorporated by this reference, dated August 7, 1996), subject to the
conditions herein set forth. Staff is authorized and directed to make or require
the Developer to make all corrections and modifications to the Redevelopment
Permit Documents, as necessary to make them internally consistent and
conform to the final action on the project. Development shall occur substantially
as shown on the approved exhibits. Any proposed development substantially
different from this approval shall require an amendment to this approval.
The Developer shall provide the City with a reproducible 24" X 36", mylar copy of
the Site Plan as approved by the final decision making body. The Site Plan shall
reflect the conditions of approval by the City. The plan copy shall be submitted to
the Planning Director and approved prior to building, grading, or improvement
plan submittal, whichever occurs first.
The Developer shall include, as part of the plans submitted for any permit plan
check, a reduced, legible version of the approving resolutions on a 24" X 36"
blueline drawing. Said blueline drawings shall also include a copy of any
applicable Coastal Development Permit and signed approved site plan.
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DRB Reso. No. 249
RP 96-03
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Building permits will not ,e 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.
The Developer shall 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
Developer's agreement to pay the public facilities fee dated May 13, 1986, 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.
This project will comply with all conditions and mitigation measures which are
required as part of the Zone 1 Local Facilities Management Plan and any
amendments made to that Plan prior to the issuance of building permits.
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 66020. If any such condition is determined to be
invalid this approval shall be invalid unless the Housing and Redevelopment
Commission determines that the project without the condition complies with all
requirements of law.
Approval of RP 96-03 is recommended for approval subject to the approval of
CDP 95-05. Approval of these new permits shall supersede all previous
approvals for the gas service station. The conditions set forth herein shall
represent the comprehensive list of conditions for the gas station with express
car wash.
Trash receptacle areas shall be enclosed by a six foot high masonry wall with
gates pursuant to City standards. Location of said receptacles have been
approved as part of this Redevelopment Permit. Enclosure shall be
constructed as indicated on the approved Site Plan with colors and/or materials
similar to the project.
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DRB Reso. No. 249
RP 96-03
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Prior to the issuance of building permits, an exterior lighting plan including
parking areas shall be submitted for Planning Director or Housing and
Redevelopment Director approval. All lighting shall be designed to reflect
downward and avoid any impacts on adjacent property.
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 Housing and Redevelopment Director.
Building identification and/or addresses shall be placed on all new and existing
buildings so as to be plainly visible from the street; color identification and/or
addresses shall contrast to their background color.
The car wash facility is approved with the hours of operation set from
7:OOam to 8:OOpm. The hours of operation of the car wash shall not be
modified without prior written approval from the Housing and
Redevelopment Director.
The car wash facility shall incorporate water recycling equipment into its
design.
The car wash facility is approved with the Wind Shear Air DryerlBlower
with silencer manufactured by Proto-Vest, Inc. Other models may be used
by the developer, however, such equipment shall be reviewed and
approved by the Housing and Redevelopment Director and shall not
exceed an interior noise level (for adjacent offices) of 55 LEQ(H) or an
exterior noise level of 60 LEQ(H) at 40 feet from the exit or entrance to the
car wash. Documentation that the noise generation potential of alternative
equipment shall be submitted for review and approval by the Housing and
Redevelopment Director.
The car wash facility is approved with the following noise reduction design
features:
a) Skylights in the car wash tunnel will be constructed of one quarter inch
laminated glass; and,
b) The height of the door at the exit end of the tunnel is reduced to ten feet
(IO’); and,
c) A masonry wall six feet (6’) in height will be constructed to extend
forty-five feet (45’) beyond the entrance end of the tunnel, to the west
along the northern property line; and,
twenty feet (20’) beyond the exit end of the tunnel, to the east along the
northern property line;
d) A masonry wall six feet (6’) in height will be constructed to extend
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DRB Reso. No. 249
RP 96-03
e) The six foot (6’) masonry walls noted in paragraphs c) and d) above
will be landscaped with a plant type acceptable to the Housing and
Redevelopment Director and the City’s Landscape Consultant on both
the south and north elevations to ensure that these walls are more
visually appealing; and
f) No vacuum unit to be located on the site at any time.
The applicant shall provide a restroom for public use at all times during
regular operating hours of the car wash and gas station.
The project is approved with the installation of telephonets) for public use
which shall be limited to “call out” only.
The non-handicap parking spaces on the site shall be identified as for use
by “Customers Only”. The applicant shall enter into a parking agreement
with a private property owner within 600 feet of the project site for the
purposes of providing a total of three non-handicap employee parking
spaces for the Unocal Station. This parking agreement shall be approved
by Housing and Redevelopment Director prior to issuance of building
permits for the project.
The project is approved with the on-site circulation plan submitted by the
applicant, dated August 7, 1996, which clearly identifies the traffic flow
patterns for the site. Appropriate directional signage and pavement
markings shall be installed on the site to direct the traffic flow patterns and
to delineate the pass-through lane to the satisfaction of the City Engineer
and Housing and Redevelopment Director. Traffic flow within the property
must be managed by the applicant in such a manner to minimize the
impact on Harding Street and Carlsbad Village Drive, as well as
neighboring properties. In managing the traffic flow on the property,
alternate on-site circulation plans may be developed and implemented by
the applicant with prior written approval from the Housing and
Redevelopment Director.
Fuel deliveries to the gas station shall not be permitted during hours in
which the car wash facility is in operation. The project is approved with the
fuel delivery hours set from 9:OOpm to 6:OOam. If the hours of the car wash
are extended for any reason and prior written approval is granted by the
Housing and Redevelopment Director, the hours for the fuel deliveries
shall be reduced to appropriately reflect the hours in which the car wash is
not in operation.
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DRB Reso. No. 249
RP 96-03
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The applicant is aware that the City is preparing a non-resiczntial housing impact
fee (linkage fee) consistent with Program 4.1 of the Housing Element. The
applicant is further aware that the City may determine that certain non-residential
projects may be required to pay a linkage fee, in order to be found consistent
with the Housing Element of the General Plan. If a linkage fee is established by
City Council ordinance and/or resolution and this project becomes subject to a
linkage fee pursuant to said ordinance and/or resolution, then the applicant for
this project, or his/her/their successor(s) in interest shall pay the linkage fee. The
linkage fee shall be paid at the time of issuance of building permits. If linkage
fees are required for this project, and they are not paid, this project will not be
consistent with the General Plan and approval for this project will become null
and void.
Unless a standards variance has been issued, no variance from City Standards
is authorized by virtue of approval of this site plan.
The applicant shall comply with all the rules, regulations and design
requirements of the respective sewer and water agencies regarding services to
the project.
The applicant shall prepare a detailed landscape and irrigation plan in
conformance with the approved Preliminary Landscape Plan and the City’s
Landscape Manual. The plans shall be submitted to and approval obtained from
the Planning Director or Housing and Redevelopment Director prior to the
approval of the grading or building permit, whichever occurs first. The applicant
shall construct and install all landscaping as shown on the approved plans, and
maintain all landscaping in a healthy and thriving condition, free from weeds,
trash and debris. All trees planted on the site shall be a minimum of fifteen
(15) gallons in size. Also, the Landscape Plan shall adequately screen the
north side wall and car wash drive through entrance from Carlsbad Village
Drive. The landscaping shall be monitored by the Housing and
Redevelopment Director and may require modification to the satisfaction
of the Housing and Redevelopment Director, if it is determined that the
landscaping is not providing appropriate screening of the car wash facility.
The applicant shall be responsible for coordination of S.D.G&E, Pacific Bell,
Telephone, and Cable TV authorities.
Prior to building permit issuance, the applicant shall pay all current fees and
deposits required.
Prior to approval of the building permit, the owner of the subject property shall
execute an agreement holding the City harmless regarding drainage across the
adjacent property.
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DRB Reso. No. 249
RP 96-03
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Pretreatment of the sanitary sewer discharge II om 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, obtain and maintain an industrial waste water
discharge permit concurrently with the building permit for this project and such
permit shall be in effect for the life of this amended redevelopment Permit.
Prior to hauling dirt or construction materials to or from the site, 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 regard to the hauling operation.
Prior to the issuance of a grading or building permit, whichever occurs first, the
applicant shall submit a detailed Grading and Drainage Plan to'the City Engineer
for approval which will mitigate potential flooding to adjacent properties.
Additional drainage easements may be required. Drainage structures shall be
provided or installed prior to the issuance of grading or building permit as may be
required by the City Engineer. The car wash portion of this site shall comply with
NPDES drainage requirements on site.
The applicant shall comply with the City's requirements of the National Pollutant
Discharge Elimination System (NPEDES) 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 grading or building permit,
whichever occurs first.
Prior to or concurrent with building permit issuance, a Right of Way Permit
must be obtained for removal and reconstruction of driveway approaches
and Streetscape reconstruction. All improvements shall conform to
Streetscape Phase 5 design plans. As part of the reconstruction of the
driveway approaches, the applicant shall be responsible for removing a
street light on Carlsbad Village Drive and delivering it to a site to be
designated by the City Engineer.
The area under the fuel canopy shall be constructed of concrete and shall
be designed to drain to a sump drain located under the canopy. A sump
pump shall be installed to pump the effluent from the canopy area up into a
holding tank. The holding tank shall be located within a self-contained
area. The effluent from the holding tank may be considered "Hazardous
Waste" and shall be disposed of the legal disposal of the "Hazardous
Waster" and shall produce them upon demand. The final design of this
collection facility shall be to the satisfaction of the City Engineer. The
design of any alternate facility that is intended to meet this condition shall
be to the satisfaction of the City Engineer.
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DRB Reso. No. 249
RP 96-03
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Prior to the issuance of building permits, complete building plans shall be
submitted to and approved by the Fire Department.
Applicant shall submit a copy of the approved site plan to the Fire Department
showing access routes, driveways and general traffic circulation.
Plans shall be submitted to the Fire Department for review and approval prior to
any changes being made to gasoline storage and dispensing facilities or
equipment.
The entire potable and non-potable water system/systems for subject property
shall be evaluated in detail to ensure that adequate capacity, pressure and flow
demands can be met.
Sequentially, the Developer's Engineer shall do the following:
a) Meet with the City Fire Marshal and establish the fire protection
requirements. Also obtain G.P.M demand for domestic and irrigational
needs from appropriate parties.
b) Prepare a colored reclaimed water use area map and submit to the
Planning Department for processing and approval.
c) Prior to the preparation of sewer, water and reclaimed water
improvement plans, a meeting must be scheduled with the District
Engineer for review, comment and approval of the preliminary system
layouts and usages (i.e., GPM - EDU).
The developer will be responsible for all water related fees and deposits plus the
major facility charge which will be collected at time of issuance of building permit.
The Developer shall pay a San Diego County Water Authority capacity charge
which will be collected at issuance of application for meter installations.
This project is approved upon the express condition that building permits will not
be issued for development of the subject property unless the water district
serving the development determines that adequate water and sewer is available
at the time of application for such water service and sewer permits will continue
to be available until time of occupancy.
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DRB Reso. No. 249
RP 96-03
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Any signs proposed for this development shall be designed in
conformance with the Carlsbad Redevelopment Village Design Manual
andlor City Sign Ordinance in effect at the time the sign permit application
is submitted by the applicant to the City of Carlsbad. No pole signs shall
be permitted at any time for this development. The sign permit application
shall require review and approval of the Housing and Redevelopment
Director prior to installation of any signs for this development.
If any of the foregoing 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;
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 Resolution.
This redevelopment permit is granted for a period of ten (IO) years. This
redevelopment permit shall be reviewed by the Housing and Redevelopment
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 Housing and
Redevelopment Director determines that the use has such significant adverse
impacts, the Housing and Redevelopment Director shall recommend that the
Design Review Board, 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 ten (IO) years
upon written application of the permittee made no less than 90 days prior to the
expiration date of the permit. In granting such extension, the Design Review
Board 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 redevelopment permit. There is no limit to the number of
extensions the Design Review Board may grant.
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DRB Reso. No. 249
RP 96-03
45. Prior to the issuance of the building permits, there shall be a deed restriction
placed on the deed to this property, subject to the satisfaction of the Housing
and Redevelopment Director, notifying all interested parties and successors in
interest that the City of Carlsbad has issued a Negative Declaration and
Redevelopment Permit by Resolution Nos. 248 and 249 on the real property
owned by the declarant. Said deed 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
deed restriction. Said deed restriction(s) may be modified or terminated only with
the approval of the Housing and Redevelopment Director, Design Review Board
or Housing and Redevelopment Commission of the City of Carlsbad whichever
as final decision authority for this project.
Standard Code Reminders:
The Developer shall comply with all applicable provisions of federal, state and local
ordinances in effect at the time of building permit issuance, including but not limited to
the following code requirements:
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The Developer shall pay a landscape plan check and inspection fee as required
by Section 20.08.050 of the Carlsbad Municipal Code.
This approval shall become null and void if building permits are not issued for
this project within 18 months from the date of project approval.
Approval of this request shall not excuse compliance with all applicable sections
of the Zoning Ordinance and all other applicable City ordinances in effect at time
of building permit issuance, except as otherwise specifically provided herein.
This project shall comply with the latest non-residential disabled access
requirements pursuant to Title 24 of the State Building Code.
All roof appurtenances 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 Housing and Redevelopment and Building.
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2E
DRB Reso. No. 249
RP 96-03
6. All landscape and irrigation plans shall be prepared to conform with the
Landscape Manual and submitted per the landscape plan check procedures on
file in the Planning Department.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Design
Review Board of the City of Carlsbad, California, held on the 7th day of August, 1996,
by the following vote, to wit:
AYES: Welshons, Compas, Savary, Marquez
NOES: None
ABSENT: None
ABSTAIN: None
rson
Design Review Board
V
EVAN E. BECKER
Housing and Redevelopment Director
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