HomeMy WebLinkAbout1986-07-23; Planning Commission; Resolution 2571* *’
/I e e l
:L
2
3
4
5
6
PLANNING COMMISSION RESOLUTION NO. 2571
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO REMOVE AN EXISTING
GAS STATION, AND TO REPLACE IT WITH A NEW 7-
ELEVEN FOOD STORE WITH DRIVE-THROUGH GAS ISLAND
ON PROPERTY GENERALLY LOCATED AT THE SOUTHEAST
CORNER OF PALOMAR AIRPORT ROAD AND PASEO DEL NORTE.
CASE NO: CUP-284
APPLICANT: 7-ELEVEN FOOD STORE I
7
WHEREAS, pursuant to the provisions of the Municipal Code, 11
WHEREAS, said verified application constitutes a request 9
WHEREAS, a verified application has been filed with the * City of Carlsbad and referred to the Planning Commission; and
1o as provided by Title 21 of the Carlsbad Municipal Code; and
l2
l3
the Planning Commission did, on the 23rd day of July, 1986, hold a
duly noticed public hearing to consider said application on
1411 property described as: I 15
16
17
Parcel 2 of Parcel Map No. 195 in the City of Carlsbad, County of San Diego, St.ate of California, filed in the
Office of the County Recorder of San Diego County,
January 30, 1970 as File No. 18100 of Official
records,
1.8
lb9
1 WHEREAS, at said hearing, upon hearing and consid ering all
2o
1 testimony and arguments, if any, of all persons desiring to be
heard, said Commission considered all factors relating to CUP-284.
21 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
22
23
Commission of the City of Carlsbad as follows:
(A) That the foregoing recitations are true and correct.
24
25
(B) That based on the evidence presented at the public hearing, th
Commission APPROVES CUP-284, based on the following findings
and subject to the following conditions:
26 //I/
27 //I/ I
28
Ir
.' e e
1
2
3
4
5
6
7
a
9
10
11
1.2
13
1.4
7.5
16
3.7
I 8
19 1
20
21
22
23
24
25
26
27
28
Findings:
1) That the proposed use is necessary and desirable for the
development of the community, is essentially in harmony with
the various elements and objectives of the General Plan, and is not detrimental to existing uses or to uses specifically
permitted in this zone.
2) That the subject property is adequate in size and shape to
accommodate the proposed use.
3) All of the yards, setbacks, walls, fences, landscaping and other features necessary to adjust the requested use to existing and permitted future uses in the neighborhood will
be provided and maintained.
4) The street system serving the subject property is adequate to handle all traffic generated by the proposed use.
5) The project is consistent -with all City public facility pol- icies and ordinances since:
a) The Planning Commission has, by inclusion of an
appropriate condition to this project, ensured building
permits will not be issued for the project unless the Cit:y
Engineer determines that sewer service is available, and building cannot occur within the project unless sewer
service remains available, and the Planning Commission 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.
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.
6) This project will not cause any significant environmental
impacts and a Negative Declaration has been issued by the
Planning Director on 3une 18, 1986 and approved by the
Planning Commission on July 23, 1986.
///I 1
///I
PC RES0 NO. 2571 .- 2-
e e
:L
2
:3
4
5
6
7
a
9
1.a
1.1
I. 2
I3
14
15
16
17
18
:19 \
20
21
22
23
24
25
26
27
28
7) This project requires the construction of the improvements or
facilities listed in the conditions of approval or the paymen.;
of fees in lieu of construction. This project creates a
direct need for the improvements or facilities for the reason:;
stated in the staff report. If the improvements or facilities are not provided, the project will create an unmitigated
burden on existing improvements and facilities. Further, the
improvements and facilities are necessary to provide safe,
adequate and appropriate service to future residents of the
project consistent with City goals, policies and plans.
8) 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 development management or public facility
program ultimately adopted by the City of Carlsbad. This wil:.
ensure continued availability of public facilities and will
mitigate any cumulative impacts created by the project.
- Conditions:
1) Approval is granted for CUP-284, as shown on Exhibits "A" -
"D", dated 3une IO, 1986 incorporated by reference and on file
in the Planning Department. Development shall occur
substantially as shown unless otherwise noted in these
conditions.
2) This project is approved upon the express condition that
building permits will not be issued for development of the
subject property unless the City 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. This note shall be placed on the final
map.
3) This project is also approved under the express condition that the applicant pay the public facilities fee adopted by the
City Council on April 22, 1986 and any development fees
established by the City Council pursuant to Chapter 21.90 of
the Carlsbad Municipal Code to implement the growth management
system or public facilities phasing plan and to fulfill the
subdivider's agreement to pay the public facilities fee dated
3uly 1 , 1986 a copy of which is on file with the City Clerk ~
1
and is incorporated by this reference. If the fees are not
Plan and approval for this project shall be void.
paid, this application will not be consistent with the General
4.) Approval of this request shall not excuse compliance with all
sections of the Zoning Ordinance and all other applicable Cit! ordinances in effect at time of building permit issuance.
5) Vater shall be provided to this project pursuant to the Water
Service agreement between the City of Carlsbad and the Costa
Real Water District, dated May 25, 1983.
PC RES0 NO. 2571 - 3-
0 0
1
2
3
4
5
6
7
a
9
10
2L1
12
13
x4
15
16
17
I 8
1.9
20
I
21
22
23
24
25
26
27
28
1
6) The applicant shall prepare a 24"x36" reproducible mylar of
the final site plan incorporating the conditions contained herein. Said site plan shall be submitted to and approved by
the Planning Director prior to the issuance of building
permits.
7) The applicant shall prepare a detailed landscape and irriga-
tion plan which shall be submitted to and approved by the
Planning Director prior to the issuance of building permits.
8) All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris.
9) Any signs proposed for this development shall be designed in conformance with the City's Sign Ordinance and shall also be
subject to review and approval of the Planning Director prior
to installation of such signs.
IO) Trash receptacle areas shall be enclosed by a six-foot high
masonry wall with gates pursuant to City standards. Location
of said receptacles shall be approved by the Planning
Director.
11) All roof appurtenances, including air conditioners, shall be
architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, pursuant
to Building Department Policy No. 80-6, to the satisfaction 0"
the Directors and Planning and Building.
12) This conditional use permit is granted for a period of ten
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 surround-
ing properties or the public health and welfare. If the
Planning Director determines that the use has such significan
adverse impacts, the manager shall recommend that the Plannin 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 effect on surrounding land uses
and the public's health and welfare, or the conditions impos'e herein have not been met. This permit may be extended for a reasonable period of time not to exceed five years upon written application of the permittee made not less than 90 days prior to the expiration date. In granting such extension, the Planning Commission shall find that no substantial adverse effect 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 effect on surrounding land uses or the public's health and welfare is found, the extension shall be considered as an ori no Slml$ ina ~&P~A~ak5~~eEosfaeE~~~~~~~~a~h~s~l~~~~~~*CO~~~~~i~~
may grant.
I
~
PC RES0 NO. 2571 - 4-
1.
g
tl
I
li 0 0 I ll I
13) Building identification and/or addresses shall be placed on 1 all new and existing buildings so as to be plainly visible
2 from the street or access road; color of identification and/or addresses shall contrast to their background color.
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
14) 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. 1
15) Before obtaining a final map or building permit, whichever
occurs first, the applicant shall: a) agree to pay any
increase in the public facilities fee or additional tax on ne#
construction and/or new development fees established by the
City Council prior to July 20, 1986; b) agree to abide by any additional requirements established by the development
management system or phasing plans which may be ultimately
adopted by the City of Carlsbad. This condition complies with
City Council Ordinance No. 9791.
1
I
16) The 7-Eleven building approved with this application shall be constructed in substantial conformance with the architectural elevations submitted as part of this application. Any
revisions to these approved elevations shall require the approval of the Planning Director.
17) The architecture of the drive-through structure (canopy) shall
be composed of the same architectural materials as the 7- Eleven store on the subject property.
18) The project applicant shall be required to remove the
existing underground tanks and piping prior to the issuance
of building permits.
20
21
19) The applicant shall provide the following note on the final 1 map of the subdivision and final mylar of this development
submitted to the City:
22
23
24
25 I
"Chapter 21.90 of the Carlsbad Municipal Code establishes a
Growth Management Control Point for each General Plan land use
designation. Development cannot exceed the Growth Control
Point except as provided by Chapter 21.90. The land use
designation for this development is . The Growth
Control Point for this designation is dwelling units
per nonconstrained acre.
26// ffff ~
27
28
/I//
PC RES0 NO. 2571 -5-
II
1 ')
II a e I
1
2
3
Parcels were used to calculate the intensity of development under the General Plan and Chapter 21 .YO.
Subsequent redevelopment or resubdivision of any one of these parcels must also include parcels of this development in calculating allowable development under the General Plan and
Chapter 21.90 of the Carlsbad Hunicipal Code."
411 Engineering Conditions:
5
6
20) The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
7
8
9
It0
It 1
112
13
:L4
:I 5
11 6
:I 7
:I 8
:19 ~
20
I
21 1
22
23
24
25 I
21) The grading for this project is defined as "controlled grad-
ing" by Section 11.06.170(a) of the Carlsbad Municipal Code.
Grading shall be performed under the observation of a civil
engineer whose responsibility it shall be to coordinate site
inspection and testing to ensure compliance of the work with
the approved grading plan, submit required reports to the Citl
Engineer and verify compliance with Chapter 11.06 of the
Carlsbad Municipal Code.
I
J
22) Should the applicant or property owner sell or lease either Lots A or B so that t.hese lots are owned or leased by more
than one party, a reciprical parking agreement shall be
established for these two lots to the satisfaction of the
City Attorney.
23) Upon completion of grading, the developer shall ensure that an "as-graded" geologic plan shall be submitted to the City
Engineer. The plan shall clearly show all the geology as
exposed by the grading operation, all geologic corrective
measures as actually constructed and must be based on a con-
tour map which represents both the pre and post site grading.
This plan shall be signed by both the soils engineer and the engineering geologist. The plan shall be prepared on a mylar or similar drafting film and shall become a permanent record.
1 24) No grading shall occur outside the limits of the project
unless a letter of permission is obtained from the owners of
the affected properties.
25) All slopes within this project shall be no steeper than 2:l.
26') Prior to hauling dirt or construction materials to any proposed construction site within this project the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with
all conditions and requirements the City Engineer may impose
with regards to the hauling operation.
26 1/11
27 Ill/
PC RES0 NO. 2571
28 -6-
-.
II 0 e 1
1
2
3
4
5
6
7
a
9
10
~ 11 1
27) The developer shall exercise special care during the
construction phase of this project to prevent any offsite
siltation. The developer shall provide erosion control
measures and shall construct temporary desiltationjdetention
basins of type, size and location as approved by the City
Engineer. The basins and erosion control measures shall be
shown and specified on ,the grading plan and shall be
constructed to the satisfaction of the City Engineer prior to
the start of any other grading operations. Prior to the removal of any basins or facilities so constructed the area served shall be protected by additional drainage facilities, slope erosion control measures and other methods required or approved by the City Engineer. The developer shall maintain
the temporary basins and erosion control measures for a period
of time satisfactory to the City Engineer and shall guarantee
their maintenance and satisfactory performance through cash
deposit and bonding in amounts and types suitable to the City
Engineer.
28) Additional drainage easements and drainage structures shall be
provided or installed as may be required by the City
Engineer.
l2 29) The developer shall pay the current local drainage area fee
prior to issuance of any grading or building permit for this
14 with the Master Drainage Plan and City of Carlsbad Standards as required by the City Engineer.
I5 30) The owner of the subject property shall execute a hold
16 harmless agreement regarding drainage across the adjacent
property prior to approval of any grading or building permit
17 for this project.
18 resulting from a IO-year frequency storm of 6 hours or 24
x3 project or shall construct drainage systems in conformance
31) The drainage system shall be designed to ensure that runoff
19 I hours duration under developed conditions, is equal to or les than the runoff from a storm of the same frequency and
duration under existing developed conditions. Both 6 hour an
24 hour storm durations shall be analyzed to determine the detention basin capacities necessary to accomplish the desire results.
20
21
S
d
d
22
23
32) Unless a standard variance has been issued, no variance from
City Standards is authorized by virtue of approval of this site plan.
24
25
26
27
33) The developer shall install street trees at the equivalent of
40-foot intervals along all public street frontages in
conformance with City of Carlsbad Standards. The trees shall
be of a variety selected from the approved Street Tree List.
lIIl
PC RES0 NO. 2571 -7-
28
" 0 @
34) The developer shall comply with all the rules, regulations and 1 design requirements of the respective sewer and water agencies
regarding services to the project. 2
35) All private driveways shall be kept clear of parked vehicles
4 Away Zone" pursuant to Section 17.04.040, Carlsbad Municipal
Code.
3 at all times, and shall have posted "No Parking/Fire Lane Tow
5
6
7
8
36) All plans, specifications, and supporting documents for the
improvements of this project shall be signed and sealed by the Engineer in responsible charge of the work. Each sheet shall be signed and sealed, except that bound documents may be
signed and sealed on their first page. Additionally, the
certificate:
I first sheet of each set of plans shall have the following
I
9 11 "DECLARATION OF RESPONSIBLE CHARGE" I
10
consistent with current standards. 12
I hereby declare that I am the Engineer of Work for this
11 project, that I have exercised responsible charge over the design of the project as defined in Section 6703 of the Business and Professions Code, and that the design is
13
14
15
16
17
18
I understand that the check of project drawings and
specifications by the City of Carlsbad is confined to a review
only and does not relieve me, as Engineer of Work, of my
responsibilities for project design.
(Name, Address and Telephone of Engineering firm)
I
Firm:
Address:
City, St.:
19 11 I Telephone:
20
21
BY Date:
(Name of Engineer)
22
23
24
25
26
27
R.C.E. NO. I/
37) The developer shall provide the City with a reproducible mylar copy of the site plan as approved by the Planning Commission. The site plan shall reflect the conditions of approval by the
City. The plan copy shall be submitted to the City Engineer prior to improvement plan submittal and shall be 24" x 36" in
size and of a quality and material satisfactory to the City
Engineer.
Ill1
PC RES0 NO. 2571 -8-
I
28
*.
1
2
3
4
5
6
7
8
9
10
11
1.2
1.3
14
0 0
38) Prior to occupancy, any damaged public improvements within
one-half street width fronting the project shall be repaired
to the satisfaction of the City Engineer.
39) The developer shall, prior to the issuance of building
permits, pay the interim traffic fee established by the City Council. Should a finalized traffic impact fee be in effect
at the time fees are required the applicant shall pay the
finalized fee.
40) Before and as a condition of obtaining a final map, or final development permit or site plan approval under Title 21 of the Carlsbad Municipal Code, the subdivider shall enter into a
contract with the City whereby the subdivider covenants on
interest to the following:
a) No opposing and consenting to the formation of a bridge
, behalf of the subdividers and subdivider's successors in
l
i
and major thoroughfare district for the southern area of the City.
b) Payment of the bridge and major thoroughfare fee for the
area of the district in which this development is
located.
c) Payment of the traffic impact fee established for the area
of the City in which the development is located.
15 I/ Fire Department Conditions: I
16
17
:L 8
19
41) Prior to the issuance of building permits, complete building
plans shall be submitted to and approved by the Fire
Department.
42) The applicant shall be required to provide plans of the proposed gasoline tank installation to the fire marshal for
approval prior to the issuance of building permits.
2 0
//I/ 21
I/// I
22
///I 23
//I/
24 //I/
25 /I//
26 //I/
27 //I/
28
PC RES0 NO. 2571 -9-
.I
. L' *
II e e
PASSED, APPROVED AND ADOPTED at a regular meeting of the 1 // Planning Commission of the City of Carlsbad, California, held on 2
3
4
the 23rd day of 3uly, 1986, by the following vote, to wit:
AYES: Chairman Schlehuber, Commissioners: McBane,
Marcus, McFadden, Holmes, Hall.
5
6
NOES: None.
ABSENT: Commissioner Schramm.
7 11 ABSTAIN: None.
8 /I 9
x0
:L1
:I 2
13
14
15
16
17
18
CARLSBAD PLANNING COMMISSION
ATTEST:
%hd&W MICHAEL 3. HOLZWLER 'a (V
PLANNING DIRECTOR
19 11 I 20
21
22
23
24
25
26
27
28
PC RES0 NO. 2571 -9-