HomeMy WebLinkAbout1991-04-17; Planning Commission; Resolution 3203ll 0
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PLANNING COMMISSION RESOLUTION NO. 3203
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO DEMOLISH AN EXISTING
GAS STATION AND DEVELOP A NEW COMBINATION GAS
STATION/MINI-MAEtT/CAR WASH ON PROPERTY
GENERALLY LOCATED ON THE SOUTHWEST CORNER OF
PALOMAR AIRPORT ROAD AND PASEO DEL NORTE.
CASE NAME: MOBIL OIL
CASE NO: CUP 90-02
WHEREAS, a verified application has been filed with the City of Carlsbal
and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided bJ
Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planninj
Commission did, on the 3rd day of April, 1991, and on the 17th day of April, hold a dul3
noticed public hearing to consider said application on property described as:
Lot "H" of Rancho Agua Hedionda, Map No. 823, City of
Carlsbad, County of San Diego, State of California.
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of all persons desiring to be heard, said CommissioI;
considered all factors relating to CUP 90-02.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVED CUP 90-02, based on the following findings and subject to the
following conditions:
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Findings:
1. The proposed project complies with the findings necessary for a Conditional
Use Permit as follows:
A. That the requested use is necessary or 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 the zone in which
the proposed use is to be located because the proposed project will;
(1) be developed as part of a freeway-service facility; (2) the use
will serve tourists and motorists traveling the Palomar Airport Road
and 1-5 freeway corridor; (3) the use will diversify the range of
commercial services available to local residents and tourists; (4) the
car wash will have a water recycling system, thus allowing motorists to wash their automobiles and conserve water; (5) the illegal
automobile storage use will be legitimized through the Conditional
Use Permit Process or eliminated prior to construction of the project; (6) the project will not be detrimental to existing uses as adequate
buffers have been provided from adjacent properties and the
project’s architecture is consistent with the style prevalent in the
immediate area.
B. That the site for the intended use is adequate in size and shape to
accommodate the use because; (1) adequate onsite parking is
provided to accommodate the use; (2) adequate vehicle stacking is
provided at the entrance and exit to the car wash; (3) the site has
adequate room for vehicle turning movements; (4) a reciprocal
driveway access will be provided between the project and Denny’s;
maintained; and (6) driveways along the two frontages will be
consolidated and relocated further from the intersection.
(5) driveway access to Denny’s from Paseo Del Norte will be
C. 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. Adequate landscaping, decorative wall, and berming are
provided along the perimeter of the project to screen the building,
parking, and areas for waiting cars from adjacent properties and the
public right-of-way.
D. That the street system serving the proposed use is adequate to
properly handle all traffic generated by the proposed use; (1) the
additional traffic generated by this project will not significantly
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impact the surrounding street system; (2) adequate future public
right-of-way dedication to accommodate improvements along Paseo
Del Norte will be provided; and (3) development of the project is
contingent upon adequate public facilities, including improvements
to the Interstate-5 bridge and on end of ramps.
2. The Planning Commission has, by inclusion of an appropriate condition to thi
project, ensured building permits will not be issued for the project unless the Cit
Engineer determines that sewer service is available, and building cannot occu
within the project unless sewer service remains available, and the Plannin,
Commission is satisfied that the requirements of the Public Facilities Element o
the General Plan have been met insofar as they apply to sewer service for thi:
project.
3. All necessary public improvements have been provided or will be required a:
conditions of approval.
4. The applicant has agreed and is required by the inclusion of an appropriatc
condition to pay a public facilities fee. Performance of that contract and paymen
of the fee will enable this body to find that public facilities will be availablc
concurrent with need as required by the General Plan.
5. The proposed project is compatible with the surrounding future land uses sinct
surrounding properties are designated for commercial development on the Genera.
Plan.
6. 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 and will mitigate any cumulative
impacts created by the project.
7. This project will not cause any significant environmental impacts and a Negative
Declaration has been issued by the Planning Director on January 10, 1991, and
APPROVED by the Planning Commission on April 17, 1991. In approving this
Negative Declaration the Planning Commission has considered the initial study, the
staff analysis, and any written comments received regarding the effects this project
could have on the environment.
8. 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 3.
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Conditions:
1. Approval is granted for CUP 90-02, as shown on Exhibit(s) "A" - "St, dated Apr
Development shall occur substantially as shown unless otherwise noted in thes
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2 3, 1991, incorporated by reference and on file in the Planning Departmen
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conditions.
2. The developer shall provide the City with a reproducible 24" x 36", mylar copy c
the conditions of approval by the City. The Plan copy shall be submitted to th 6
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City Engineer prior to building, grading or improvement plan submittal, whicheve
occurs first.
5 the Site Plan as approved by the Planning Commission. The Site Plan shall reflec
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determines that sewer facilities are available at the time of application for sud 9
3. This project is approved upon the express condition that building permits will nc
be issued for development of the subject property unless the City Enginee.
sewer permits and will continue to be available until time of occupancy. 10
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4. This project is also approved under the express condition that the applicant pa?
the public facilities fee adopted by the City Council on July 28, 1987 and a;
amended from time to time, and any development fees established by the Ciq
Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or othe:
ordinance adopted to implement a growth management system or facilities an(
improvement plan and to fulfill the subdivider's agreement to pay the public
facilities fee dated March 11, 1991, 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
16 )I not be consistent with the General Plan and approval for this project will be void.
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5. Water shall be provided to this project pursuant to the Water Service agreemeni
between the City of Carlsbad and the Carlsbad Municipal Water District, dated Mal
19 6. This project shall comply with all conditions and mitigation measures which mal
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. 2o I
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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.
8. Approval of this request shall not excuse compliance with all sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of
building permit issuance.
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9. Thk approval shall become null and void if building permits are not issued for thi
project within one year from the date of project approval.
10. Approval of CUP 90-02 is granted subject to the approval of SDP 90-04.
11. This conditional use permit is granted for a period of five (5) years. Thi
conditional use perrnit shall be reviewed by the Planning Director on a yearly basj
to determine if all conditions of this permit have been met and that the use doe;
not have a Significant detrimental impact on surrounding properties or the publil
health and welfare. If the Planning Director determines that the use has sucl
significant adverse impacts, the Planning Director shall recommend that thc
Planning Commission, after providing the permittee the opportunity to be heard
add additional conditions to mitigate the significant adverse impacts. This permi
may be revoked at my time after a public hearing, if it is found that the use ha
and welfare, or the conditions imposed herein have not been met, This permi
may be extended for a reasonable period of time not to exceed ten (10) years up01
written application of the permittee made no less than 90 days prior to thl
expiration date. In granting such extension, the Planning Commission shall hc
that no substantial adverse affect on surrounding land uses or the public’s healtl
and welfare will result because of the continuation of the permitted use. If 2
substantial adverse affect on surrounding land uses or the public’s health anc
welfare is found, the extension shall be considered as an original application fol
a conditional use permit. There is no limit to the number of extensions thc
Planning Commission may grant. -
a significant detrimental affect on surrounding land uses and the public’s healtl
12. If the property ownler/owners’ address changes from that which is shown on thc
conditional use permit application, a notice of a change of address shall bc
reported, in writing, to the Planning Department within 30 days.
13. Prior to the issuance of the building permits, Conditional and Special Use Permit,
there shall be a deed restriction placed on the deed to this property subject to the
satisfaction of the Planning Director notifying all interested parties and successom
in interest that the City of Carlsbad has issued a Negative Declaration, Conditional
Use Perrnit and Site Development Plan by Resolution Nos. 3202, 3203 and 3204
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 fot
inclusion in the deed restriction. Said deed restriction(s) may be modified 01
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.
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14. Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gate5
pursuant to City standards. Location of said receptacles shall be approved by thc
Planning Director. Enclosure shall be of similar colors and/or materials to the
project to the satisfaction of the Planning Director.
15. All roof appurtenances, including air conditioners, shall be architecturallj
integrated and concealed from view and the sound buffered from adjaceni
properties and streets, in substance as provided in Building Department Policy No,
80-6, to the satisfaction of the Directors of Planning and Building.
16. Prior to the issuance of building permits, an exterior lighting plan including
parking areas shall be submitted for Planning Director approval. AU lighting shal
be designed to reflect downward and avoid any impacts on adjacent homes 01
property.
17. 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.
18. Working drawings shall show that the block wall used on the project perimeta
shall be stuccoed to match the exterior color of the project, prior to certificate ol
occupancy.
19. The applicant shall prepare a detailed landscape and irrigation plan which shall bc
submitted to and approved by the Planning Director prior to the issuance o!
grading or building permits, whichever occurs first.
20. All parking lot trees shall be a minimum of 15 gallons in size.
21. All landscaped areas shall be maintained in a healthy and thriving condition, frec
from weeds, trash, and debris.
22. The developer shall install street trees at the equivalent of 40-foot intervals alonj
all public street frontages in conformance with City of Carlsbad standards. Thf
trees shall be of a variety selected from the approved Street Tree List.
23. All landscape plans shall be prepared to conform with the Landscape Manual an(
submitted per the landscape plan check procedures on file in the Planninj
Department.
24. Landscape plans shall be designed to minimize water use. Lawn and other zont
1 plants (see Landscape Manual) shall be limited to areas of special visua
importance or high use. Mulches shall be used and irrigation equipment an(
design shall promote water conservation.
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25. The developer shall avoid trees that have invasive root systems, produce excessiv
litter and/or are too large relative to the lot size.
26. Planter width shall be a minimm of four (4) feet, not including curb, footing and/or other paving, and parking overhang.
27. Prior to final occupancy, a letter from a California licensed landscape architec
shall be submitted to the Planning Director certifying that all landscaping has bee1
installed as shown on the approved landscape plans.
28. The applicant shall pay a landscape plan check and inspection fee as required b:
Section 20.08.050 of the Carlsbad Municipal Code.
29. The first set of landscape and irrigation plans submitted shall include buildin;
plans, improvement plans and grading plans.
30. All landscape and irrigation plans shall show existing and proposed contours an(
shall match the grading plans in terms of scale and location of improvements.
31. Mature trees that are removed shall be replaced one to one with minimum
36" box specimens. Each case shall be reviewed by the Planning Director.
32. Mounding shall be used in parking lot landscaping.
33. The minimum shrub size shall be 5 gallons.
34. Any signs proposed for this development shall be designed in accordance
with the City's Sign Ordinance and conform with the Conditional Use
Permit 90-02 sign exhibits "F" & "G" , and shall require review and approval
of the Planning Director prior to installation of such signs. Any commercial
advertisements located along the gasoline pump islands, and on the building
shall be considered signage and shall require a permit, and count towards
the total sign square footage allowed for the use.
35. As part of the plans submitted for building permit plan check, the applicant
shall include a reduced version of the approving resolution/resolutions on
a 24" x 36" blueline drawing. Said blueline drawing(s) shall also include
a copy of any applicable Coastal Development Permit and signed approved
site plan.
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36. Prior to the issuance of grading permits, the project applicant shall recdve coastal Development Permit hm the California Coastal Commission that approvc
development that is in substantial conformance with the City approval. Evidenc
that the permit has been received shall be submitted to both the Planning an
Engineering Departments.
37. The non-confomhg automobile storage use located on the same parcel (Lot
'W of Rancho Agua Hedionda Map 823) shall obtain a Conditional Use
Permit or be eliminated prior to issuance of building permits for this project
(CUP 90-02/SDP 90-04).
Engineering Conditions
38. The developer shall be responsible to pay the recording fees for all agreement?
easements and documents required for this project.
39. Unless a standard variance has been issued, no variance from City Standards i
authorized by virtue of approval of this site plan.
40. The developer shall comply with all the rules, regulations and design requirement,
of the respective sewer and water agencies regarding services to the project.
41. The developer shall be responsible for coordination with S.D.G.&E., Pacifil
Telephone, and Cable TV authorities.
42. Pretreatment of the sanitary sewer discharge from this project may be required
In addition to the requirements for a sewer connection permit the developer shal
conform to the requirements of Chapter 13.16 of the Carlsbad Municipal Code
The developer shall apply for an industrial waste water discharge permi
concurrently with the building permit for this project. No Certificates Oj
Occupancy for the project will be issued before the industrial waste discharge
permit application requirements have been met, all applicable fees paid and permil
issued.
43. The developer shall obtain a building permit for underground tank removal anc
obtain the proper had route permit for transporting the tanks to a disposal site
44. Prior to hauling dirt or construction materials to or from any proposec
construction site within this project the developer shall submit to and receivt
approval from the City Engineer for the proposed haul route. The developer shal
comply with all conditions and requirements the City Engineer may impose with
regards to the hauling operation.
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45. The developer shall provide adequate means of eliminating grease and oils €ion
drainage prior to discharge onto Palomar Airport Road. Plans for sud
improvements shall be approved by the City Engineer prior to issuance of buildiq
permit.
46. Additional drainage easements and drainage structures shall be provided 0:
installed prior to the issuance of grading or building permit as may be required b;
the City Engineer.
47. Prior to issuance of building permit, the developer shall secure an irrevocable offe
of dedication for street right of way the entire length of the Legal Lot frontage 01
Paseo Del Norte for seven (7) additional feet.
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48. Prior to Certificate of Occupancy, the developer shall replace or repair any broker
or defective curb, gutter, or sidewalk along the frontage of this project.
49. Prior to issuance of building permit, a right of way permit, traffic and pedestria
control plan and appropriate secuxities will be required for all work to be done ir
11 the right of way or as deemed appropriate.
12 50. The structural section for the private driveway must be designed with a traffic
13 index of 5.0 in accordance with City Standards due to a truck route through the
parking lot and/or aisles with an ADT greater than 500.
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l6 52. Prior to occupancy of the project the water meter shall be relocated out of the
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18 53. !hwer lath in the right of way shall have a minimum diameter of six (6) inches.
A cleanout designed to San Diego County Regional Drawing No. S-3 shall be
51. All sidewalk underdrains must comply with San Diego County Regional Drawing
driveway.
19 placed at the property line; if located in the driveway.
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Growth Management:
54. Approval of this project is contingent upon the provision of adequate public
a Mello-Roos Community Facilities District is proposed to finance the construction
of several Citywide facilities necessary to serve new development. If the Mello-
Roos Community Facilities District is not formed, the required General Plan
Consistency finding cannot be made for the Zone 3 properties. No discretionary
approvals, Building Permits, Grading Pdts, Final Maps, or development permits
will be issued or approved unless an alternate financing mechanism is provided by
facilities to satisfj the public Facilities Element of the General Plm At this time
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the developer and approved by the City Council to finance the facilities legall
applicable to Zone 3 that would have been or are included in the Commit
Facilities District. For putposes of this condition the Mdo-Roos District will b
considered to be formed following an a€€irmative vote of the property owners plu
a 3Oday period as prescribed by law to provided for any protest regardin
formation of the District.
Fire Conditions:
55. Prior to the issuance of building permits, complete building plans shall b submitted to and approved by the Fire Department.
56. Additional public and/or onsite fire hydrants shall be provided if deemed
necessary by the Fire Marshall.
57. Applicant shall submit a site plan to the Fire Department for approval of access
driveways and general trafEic circulation.
58. All required fire hydrants, water mains and appurtenances shall be operationa
prior to combustible building materials being located on the project site.
59. All private driveways shall be kept clear of parked vehicles at all time, and shal
have posted "NO Parking/Fire Lane - Tow Away Zone" pursuant to Sectio~
17.04.040, Carlsbad Municipal Code.
60. Plans andlor specifications for fire alarm systems, fire hydrants, extiqykhin~
systems, automatic sprinklers, and other systems pertinent to the project shall bt
submitted to the Fire Department for approval prior to construction.
Carlsbad Municipal Water District Conditions:
61. The entire potable and non-potable water system/systems for subject project shal be evaluated in detail to ensure that adequate capacity and pressure for domestic landscaping and fire flow demands are met.
62. The developer's engineer shall schedule a meeting with the District Engineer anc
the City Fire Marshal and review the preliminary water system layout prior tc
preparation of the water system improvement plans.
63. The developer will be responsible for all fees and deposits plus the major faciliv
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 installation.
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64. This project is approved upon the express condition that building permits will no1
be issued for development of the subject property unless the water district senin1
the development determines that adequate water and service is available at th~
time of application for water service and will continue to be available until time
of occupancy.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
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Commission of the City of Carlsbad, California, held on the 17th day of April, 1991, bj
the following vote, to wit:
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AYES: Vice-Chairperson Erwin, Commissioners: Schlehuber
Sckramm, McFadden, Marcus & Hall.
9 11 NOES: None.
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ABSENT: Chairperson Holmes.
ABSTAIN: None.
ATTEST:
TOM ERWIN, Vice Chairperson
CARLSBAD PLANNING COMMISSION
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19 MICHAEL J. HOLZMILLER
2o I/ PLANNING DIRECTOR
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