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HomeMy WebLinkAbout1991-11-20; Planning Commission; Resolution 3310/i 0 0 /I PLANNING COMMISSION RESOLUTION NO. 3310 1 2 3 4 5 6 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A MITIGATED NEGATIVE DECLARATION FOR A CONDITIONAL, USE PERMIT TO ALLOW THE CONSTRUCTION AND OPERATION OF A 2,721 SQUARE FOOT AM/PM LOCATED AT THE SOUTHWEST CORNER OF PALOMAR AIWORT ROAD AND CAMINO VIDA ROBLE. CASE NAME: ARC0 AM/PM MINI-MARKET WITH GASOLINE FACILITIES ON PROPERTY GENERALLY CASE NO: CUP 91-3 7 WHEREAS, pursuant to the provisions of the Municipal Code, the Plannin, 8 9 Commission did, on the 20th day of November, 1991, hold a duly noticed public hearin to consider said request, and 10 11 WHEREAS, at said public hearing, upon hearing and considering all testimony an1 l2 I/ arguments, examining the initial study, analyzing the information submitted by staff, anl 13 relating to the Negative Declaration. 14 considering any written comments received, the Planning Commission considered all factor 16 NOW, THEREFOFE, BE IT HEREBY RESOLVED by the Planning Commission of th 15 City of Carlsbad as follows: 17 18 19 20 21 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Plannin Commission hereby APPROVES the Mitigated Negative Declaration according t Exhibit "ND", dated October 31, 1991 and "PII", dated August 14, 1991, attache hereto and made a part hereof, based on the following findings and subject to th following conditions: 22 11 Findins: 23 24 27 26 2. The site has been previously graded and developed pursuant to an earlit 25 environment. 1. The initial study shows that with mitigation there is no significant impact on tk environmental analysis. 28 I1 0 0 1 2 3 4 5 6 7 8 9 3. The streets are adequate in size to handle the traffic generated by the proposec project. 4. There are sensitive resources located as to be significantly impacted by this projeci 5. Mitigation has been conditioned which will reduce the impacts to a wetland t insignificance. Conditions: 1. A habitat compensation plan shall be developed in concert with the Department ( Fish and Game under a 1603 Streambed Alteration Agreement as determined by th Department of Fish and Game. The plan shall detail mitigation options such as o or offsite revegetation, habitat enhancement, etc. The plan shall be prepared by qualified revegetation specialist or biologist familiar with such efforts in the vicinit and shall be completed to the satisfaction of the Planning Director prior to tl; issuance of a grading pennit. 1 10 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannin XI. Commission of the City of Carlsbad, California, held on the 20th day of November, 199: l2 11 by the following vote, to wit: 13 14 AYES : Chairman Holmes, Commissioners: Schlehuber, Schram Savary & Noble. ~ 15 11 NOES: None. 16 17 18 19 20 21 ABSENT: Commissioners: Erwin & Hall. - _. . .. ABSTAIN: None. ROBERT HOLMES, Chairperson CARLSBAD PLANNING COMMISSION 22 23 24 25 PLANNING DIRECTOR MICHAEL J. HMZMIIYER 26 27 28 PC RES0 NO. 3310 2 MITIGATED NEGATIVE DECLARATION PROJECT ADDRESSjLOCATION: Southwest comer of Palomar Airport Road and Camino Vida Roble. PROJECT DESCRIPTION: A 2,721 sq. ft. mini-market with a twelve pump gasoline island on a 2.08 acre portion of a 6.85 acre site. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Mitigated Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Mitigated Negative Declaration with supportive documents is on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within 21 days of date of issuance. If you have any questions, please call Christer Westman in the Planning Department at 438-1161, extension 4448. DATED: OCTOBER 31, 1991 . MICHAEL J. H~ZMII~~R CASE NO: CUP 91-3' Planning Director APPLICANT: ARC0 AM/PM PUBLISH DATE: OCTOBER 31,1991 CW:vd 2075 Las Palmas Drive Carlsbad, California 92009-4859 (619) 438-1 161 w * ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO. CUP 91-3 DATE: AUGUST 14, 1991 BACKGROUND 1. CASE NAME: ARC0 AM/PM MINI-MARKET 2. APPLICANT: HENRY WORLEY ASSOCIATES 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 7875 CONVOY COURT STE. A-2 SAN DIEGO. CA 92111 (619) 571-7728 4. DATE EIA FORM PART I SUBMITTED: JULY 19,1991 5. PROJECT DESCRIPTION: A 2.721 SOUARE FOOT MINI-MARKET WITH A TWELI PUMP GASOLINE ISLAND ON A 2.08 ACRE PORTION OF A 6.85 ACRE SI1 LOCATED AT THE SOUTHWEST CORNER OF PALOMAR AIRPORT ROAD AN CAMINO VIDA ROBLE. ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City conduct : Environmental Impact Assessment to determine if a project may have a significant effect on the environmer The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklj 8 identifies any physical, biological and human factors that might be impacted by the proposed project a provides the City with information to use as the basis for deciding whether to prepare an Environment Impact Report or Negative Declaration. * A Negative Declaration may be prepared if the City perceives no substantial evidence that the project 1 any of its aspects may cause a significant effect on the environment. On the checklist, "NO" will be checkc to indicate this determination. * An EIR must be prepared if the City determines that there is substantial evidence that any aspect of tl project may cause a significant effect on the environment. The project may qualifv for a Negatil Declaration however, if adverse impacts are mitigated so that environmental effects can be deemc insignificant. These findings are shown in the checklist under the headings '"YES-sig" and f"YES-insi respectively. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form und DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussi~ mitigation for impacts which would otherwise be determined significant. w PHYSICAL ENVIRONMENT nLL THE PROPOSAL DIRECTLY OR INDIRECTLY: I. 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? 3. 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? 5. Result in substantial adverse effects on ambient air quality? 5. Result in substantial changes in air movement, odor, moisture, or temperature? 7. Substantially change the course or flow of water (marine, fresh or flood waters)? 3. Affect the quantity or quality of surface water, ground water or public water supply? ?. Substantially increase usage or cause depletion of any natural resources? 0. Use substantial amounts of fuel or energy? 1. Alter a significant archeological, paleontological or historical site, structure or object? -2- w YES (sig) - YES (insig) - - - X - - NO X X X - -x- X X X - X X X w a BIOLOGICAL ENvlRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY 12. Affect the diversity of species, habitat or numbers of any species of plants (including trees, shrubs, grass, microflora and aquatic plants)? 13. Introduce new species of plants into an area, or a barrier to the normal replenishment of existing species? 14. Reduce the amount of acreage of any agricultural crop or affect prime, unique or other farmland of state or local importance? 15. Affect the diversity of species, habitat or numbers of any species of animals (birds, land animals, all water dwelling organisms and insects? YES YES NO (sig) (insig) X - - - - X X X 16. Introduce new species of animals into an area, or result in a barrier to the migration or movement of animals? X HUMANENVIRONMENT WILL THE PROPOSAL, DIRECTLY OR INDIRECTLY 17. Alter the present or planned land use of an area? 18. Substantially affect public utilities, schools, police, fire, emergency or other public services? YES (Sig) - - YES NO (insig> - X - X - -3- w HUMANENVIRONMENT WLL THE PROPOSAL DIRECTLY OR INDIRECTLY: 19. Result in the need for new or modified sewer systems, solid waste or hazardous waste control systems? 10. Increase existing noise levels? 21. Produce new light or glare? 22. Involve a significant risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation)? 23. Substantially alter the density of the human population of an area? 24. Affect existing housing, or create a demand for additional housing? 25. Generate substantial additional traffic? 26. Affect existing parking facilities, or create a large demand for new parking? 27. Impact existing transportation systems or alter present patterns of circulation or movement of people and/or goods? 28. Alter waterborne, rail or air traffic? 29. Increase traffic hazards to motor vehicles, bicyclists or pedestrians? 30. Interfere with emergency response plans or emergency evacuation plans? 31. Obstruct any scenic vista or create an aesthetically offensive public view? 32. Affect the quality or quantity of existing recreational opportunities? 4- - YES Wg) - - - YES (insig) - - X X - X - NO X X - - - X X - X X X X X X X w 0 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 of California history or prehistory. important examples of the major periods 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 - 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? X -5- w w DISCUSSION OF ENVIRONMENTAL EVALUATION PHYSICAL ENVIRONMENT The prior development created disturbance to the property such as alteration to land form and removd of indigenous vegetation. The proposed project would alter the existing landforms to provide landscape berming. Effects of the project on erosion, air, and course or flow of waters will be minimal. Referencing Section 15064(i) of the State CEQA Guidelines: "If an air emission or water discharge meets. the existing standards for a particular pollutant, the Lead Agency may presume that the emission or discharge of the pollutant will not be a significant effect on the environment". However, because the cumulative effects of controlled emissions have gone beyond acceptable levels this section can no longer be accepted. Regional air quality standards are not being met. Effects of the project on water pollution will also be minimal with the use of state regulated gasoline pump dispenser nozzles and proper design of onsite drainage facilities. Measures shall be taken to clean the urban runoff pollutants prior to discharging the flows back to the groundwater. Drainage from all paved areas will be separated to flow into an onsite oil/grease separator prior to discharging into the storm drain system to prevent any spilled petroleum product from polluting local waters. Gasoline dispenser nozzles that prevent leakage will be employed for delivery to the undergrounded storage tanks. The underground gasoline storage tanks will also not be a polluter of local groundwater as they are specially lined and coated to prevent leakage from the inside of the tanks and corrosion from the outside by corroding forces in the surrounding soil moisture. These tanks must meet all state and federal regulations regarding underground storage of petroleum products. Project location precludes potential impacts on the course or flow of marine or fresh waters. Water conserving imgation devices and xeriphytic plant types will also be installed to cut natural resource use. Although natural resources will be used for the construction of the project, primarily lumber, maintenance and operational uses of resources, water and fossil fuels, can not be considered significant. Even though the proposed facility will be selling a natural resource in the form of gasoline and other petroleum products, this will not increase the areas use of said products and may actually decrease net consumption of gasoline due to its close proximity to a great quantity of individuals working in the area who will not have to travel the excessive distances now required to buy gasoline. Active and passive solar design, insulation and the installation of energy saving appliances could also provide a first step mitigation to reduce the need for excessive amounts of energy. No archeological or paleontological significance was discovered during the grading for the previously approved CUP 227 for the site. Also this site has no known historical significance. BIOLOGICAL ENVIRONMENT The project is the redevelopment of a bank site. Theiefore the biological significance of the property has already been greatly reduced. However, an impact of the project which requires additional review is the effect on a drainage detention basin which has through neglect been transformed into a marshy area with what may be considered wetland. It is recommended that a biological swey of the basin be performed to establish its significance. Mitigation, if any, should be proposed for the requirement of cleaning the basin to establish proper drainage. -6- 0 The introduction of new plants usually related to the landscaping of a commercial facility will not have a detrimental effect or create a barrier to the movement of any sensitive species in the adjacent area. The introduction of any animal species will not be associated with the proposed project and therefore will not be a barrier to the migration or movement of animals. The site has not been identified as agricultural land and has not been used as such in its recent history. HUMAN ENVIRONMENT It is not anticipated that there will be significant impacts to the human environment. There is a potential for the release of hazardous substances which can be mitigated. There will also be a moderate increase in traffic generation due to the nature of the proposed use. A traffic study has been submitted as part of the application and has identified measures which will satisfy traffic concerns. The site carries a General Plan Designation of PI which allows for ancillary commercial activity to serve the surrounding Industrial Parks. Zoning on the Property is PM. The zoning on the property allows for the proposed use if a Conditional Use Permit is granted. No General Plan Amendment or Zone Change is proposed for the site. Public utilities and services, such as sewers, water, police, fire, and emergency medical service can be provided by the responsible agencies. the project will be conditioned to comply with the requirements of Local Facilities Management Plan Zone 5. The Local Facilities Management Plan requires that facilities and/or services be provided prior to development. Petroleum products that are spilled on the project site will be prevented from entering the surrounding storm drainage system by careful site design of the paved area so all drainage from said area will be diverted into an oil/grease separator before being allowed to continue into the storm drain system. Noise levels will increase but not to levels of significance. Noise sources after completion of the proposed project will be human voices, car engines, and car radios. No residential areas will be affected by any new noise created by the proposed project. Construction noise will be short term in nature and acceptable noise levels will be governed by the City of Carlsbad Municipal Code. Light levels will also increase but not to levels of significance. Light reflectivity will change due to the existence of a convenience market with gasoline pumping facilities that is open 24 hours and their associated signage and onsite lights versus property that contains a closed banking facility. Light sources within the project site are conditioned to limit glare visible from outside the site. -7- w w Storage of gasoline will occur onsite. These storage facilities will be required to meet all City, State, and Federal laws regarding storage of hazardous materials. The release of these hazardous materials and an oil/grease separator to prevent surface run off from containing any petroleum products. The onsite specially lined and coated underground gasoline tanks will prevent stored gasoline from leaking into the surrounding groundwater system. These tanks are designed to prevent deterioration of the tank from the solvent action of the gasoline and the corrosive action of the surrounding soil and its associated moisture. The granting of the requested Conditional Use Permit will not create a need for additional housing. The proposed convenience market will employ a minimal number of individuals therefor not causing any significant new demand for housing. According to the traffic report prepared by Entranco/Federhart, the proposed facility should generate 2,920 average daily trips (ADT). This projection falls within the acceptable service levels of the adjacent existing street system. The majority of the traffic "generated" by the proposed facility will be of a passerby nature and will probably reduce the length of trips in the industrial corridor by supplying needed goods and services in closer proximity to the large work force in the area. No new mass transit routes or facilities are being required by the transit district. Street and sidewalks have been designed to accommodate foot, bicycle, and automobile traffic without compromising safety. The proposed project is designed to exceed the parking requirements of the City of Carlsbad Municipal Code onsite. No offsite parking will be needed or provided. There are no existing recreation opportunities at this site of the closed banking facility. Therefore, the proposed facility will not affect recreation in any way. at surface level will be prevented through the use of a delivery system that prevents large surface spills -8- w 0 ANALYSIS OF VIABLE ALTERNATIVES TO THE PROPOSED PROJECT SUCH A& a) Phased development of the project, b) alternate site designs, c) alternate scale of development, d) alternate use for the site, e) development at some future time rather than now, f) alternate sites for the proposed, and g) no project alternative. A) The project, due to its small size and singular purpose will not function as a phased development. Because there are no significant impacts to circulation or needed services, there is no environmental advantage to delay development other than postponing the need for services. B) Alternate site design would offer no clear environmental advantage. The project has been designed to limit alterations to the existing site as well as to limit its visibility to Palomar Airport Road. C) The proposed project is presently as small as economically viable for the proposed use. If the size 'were reduced, the market could not provide the goods and services desired by potential customers. D) The General Plan and Zoning Ordinance designate this parcel suitable for commercial development that is ancillary to the surrounding industrial parks. 'The appropriateness of other uses for this site cannot be determined at this time due to the lack of 'information and a proposal for another type of use. E) Future development rather than at present would not offer any significant advantage. Services and facilities are available presently. F) Other sites may be available with the same general plan and zoning designations; however, just as with the no project alternative it does not preclude development at some other time of a similar project with similar impacts on the proposed project site. CW:lh -9- w w DETERMINATION (To Be Completed By The Planning Department) On the basis of this initial evaluation: - I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATM DECLARATION will be prepared. - I find that the proposed project COULD NOT have a significant effect on the environment, because the environmental effects of the proposed project have already been considered in conjunction witk previously certified environmental documents and no additional environmental review is required Therefore, a Notice of Determination has been prepared. - X I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A Conditional Negative Declaration will be proposed. - I find the proposed project MAY have a significant effect on the environment, and an F,N'URONMENT& IMPACT REPORT is required. AUGUST 27.1991 Date /D - /E 4;/ Date b LIST MITIGATING MEASURES (IF APPLICABLE) A habitat compensation plan shall be developed in concert with the Department of Fish and Game under a 1603 Streambed Alteration Agreement. The plan shall detail mitigation options such as on or offsite revegetation, habitat enhancement, etc. The plan shall be prepared by a qualified revegetation specialist or biologist familiar with such efforts in the vicinity. ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE) -10- .. '\ W e PLIWT CONCURRENCE WI'H MfTI(iATING - THIS IS TO CERTIFY 'I'I-"I' 1 HAVE REvlEwED THE ABOVE WRGAmG MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. /0-4 A DI LJ% Date sfgnaturer -11-