HomeMy WebLinkAbout1991-11-20; Planning Commission; Resolution 3311.I 1, I/ e e
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PLANNING COMMISSION RESOLUTION NO. 3311
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO
ALLOW THE CONSTRUCTION AND OPERATION OF A 2,721 SQUARE FOOT
GENERALLY LOCATED AT THE SOUTHWEST CORNER OF PALOMAR
AIRPORT ROAD AND CAMINO VIDA ROBLE.
CASE NAME: ARC0 AM/PM
AM/PM MINI-MARKET WITH GASOLINE FACILITIES ON PROPERTY
CASE NO: CUP 91-3
WHEREAS, a verified application has been filed with the City of Carlsbad a
referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided by Title 21
the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Plam
Commission did, on the 20th day of November, 1991, hold a duly noticed public hear:
to consider said application on property described as:
A portion of Lot No. 17, Carlsbad Tract No. 73-49, Map No. 8418, City of
Dated 19, November 1976.
WHEREAS, at said public hearing, upon hearing and considering all testimony 2
arguments, if any, of all persons desiring to be heard, said Commission considered
factors relating to CUP 91-3.
Carlsbad, County of San Diego, State of California, File No, 76-389371,
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of
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 Commiss
APPROVES CUP 91-3, Lased on the followhg findings subject to the follow
conditions:
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1 Findinm:
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1. That the requested use is desirable for the development of the community, i!
essentially in harmony with the various elements and objectives of the general plan
and as conditioned is not detrimental to existing uses or to uses specificall;
permitted in the zone in which the proposed use is to be located because, it provide
gasoline service and convenience shopping where presently none exists in th(
industrial zone.
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2. That the site for the intended use is adequate in size and shape to accommodate thc
use because the project has been designed with adequate room for vehicular tumiq
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movements and exceeds the city's parking requirements.
3. That all of the yards, setbacks, walls fences, landscaping, and other feature
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setbacks will meet or exceed the requirements of the P-M Zone and ensure that th
11 proposed project will be compatible with surrounding development.
9 necessary to adjust the requested use to existing or permitted future uses in thl
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That the street system serving the proposed use is adequate to properly handle a
traffic generated by the proposed use since Palomar Airport Road and camin0 Vid
Roble can accommodate the 2,920 average daily trips projected to be generated b
the project.
The project is consistent with all City public facility policies and ordinances since
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 of th
General Plan have been met as so far as they apply to sewer service for this projec
19 I 6. School fees will be paid to ensure the availability of school facilities in the Carlsba
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7, All necessary public improvements have been provided or will be required i 21
Unified School District.
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23 8. The applicant has agreed and is required by the inclusion of an approprial
of the fee will enable this body to find that public facilities will be availab 24 condition to pay a public facilities fee. Performance of that contract and payme]
25 concurrent with need as required by the General Plan.
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0. The proposed project is compatible with the surrounding future lancl uses sbce th(
surrounding properties are designated for industrial development on the Genera
Plan.
10. This project will not cause any significant environmental impacts and a Mitigatec
Negative Declaration has been issued by the Planning Director on October 31,1991
and APPROVED by the Planning Commission on November 20,1991. In approvinr
the Mitigated Negative Declaration the Planning Commission has considered tht
initial study, the staff analysis, all required mitigation measures and any writter comments received regarding the significant effects this project could have on thc environment.
11. 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.
12. 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 5.
Conditions:
i 1. Approval is granted for CUP 91-3, as shown on Exhibit(s) "A" - "H", dated
November 20, 1991, incorporated by reference and on file in the Planning
Department. Development shall occur substantially as shown unless otherwise
noted in these conditions.
2. The developer shall provide the City with a reproducible 24" x 36", mylar copy oi
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 CiQ
Engineer prior to building, grading, or improvement plan submittal, whichever
occurs first.
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This project is approved upon the express condition that building permits will no1
be issued for development of the subject property unless the City Engineel
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.
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This project is also approved under the express condition that the applicant pay th
public facilities fee adopted by the City Council on July 28, 1987 and as amendec
from time to time, and any development fees established by the City Counci
pursuant to Chapter 2L90 of the Carlsbad Municipal Code or other ordinanc
adopted to implement a growth management system or facilities and improvemen
plan and to fulfill the subdivider3 agreement to pay the public facilities fee datel
March 5, 1991, a copy of which is on file with the City Clerk and is incorporate1
by this reference. If the fees are not paid this application will not be consistent wit:
the General Plan and approval for this project will be void.
This project is approved upon the express condition that building permits will nc
be issued for development of the subject property unless the Water District servin
the development determines that adequate water service is available at the time c
application for water service and will continue to be available until time c
occupancy.
This project shall comply with all conditions and mitigation measures required b
the Zone 5 Local Facilities Management Plan approved by the City Council o
future amendments made to the Plan prior to the issuance of building permits.
If any condition for construction of any public improvements or facilities, or th
payment of any fees in lieu thereof, imposed by this approval or imposed by law o
this project are challenged this approval shall be suspended as provided i
Government Code Section 65913.5. If any such condition is determined to b
invalid this approval shall be invalid unless the City Council determines that th
project without the condition complies with all requirements of law.
Approval of this request shall not excuse compliance with all sections of the zonin
Ordinance and all other applicable City ordinances in effect at the time of buildin
permit issuance.
August 4,1987, incorporated herein and on file in the Planning Department and an
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9. Prior to the issuance of the Conditional Use Permit there shall be a deed restrictio
placed on the deed to this property subject to the satisfaction of the Plannin
Director notifying all interested parties and successors in interest that the City (
Carlsbad has issued a Conditional Use Permit by Resolution No. 3311 on the re;
property owned by the declarant. Said deed restriction shall note the properl
description, location of the file containing complete project details and all conditio1
of approval as well as any conditions or restrictions specified for inclusion in tl-
deed restriction. Said deed restriction(s) may be modified or terminated only wi1
the approval of the Planning Director, Planning Commission or City Council of tl.
City of Carlsbad whichever has final decision authority for this project.
PC RES0 NO. 3311 4
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10. All roof appurtenances, including air conditioners, shall be architecturally integratc
and concealed from view as shown on the approved exhibits and the sound bufferc
from adjacent properties and streets, in substance as provided in Buildi~
Department Policy No. 80-6 to the satisfaction of the Directors of Planning a
Building.
11. No outdoor storage of material shall occur onsite unless required by the Fire Chic
In such instance a storage plan shall be submitted for approval by the Fire Chief su
the Planning Director.
12. An exterior lighting plan including parking and circulation areas shall be submitt,
for Planning Director approval. All lighting shall be designed to reflect downwa
and avoid any impacts on adjacent property.
13. This approval does not include signs. A separate sign program is required for i
signs. Signs proposed for this development shall be at a minimum be designed
conformance with the City‘s Sign Ordinance and shall require review and approt
of the Planning Director prior to the installation of such signs.
14. Building materials and colors shall be as shown on the approved materials boar
15. This conditional use permit is granted for a period of ten years. This conditior
use permit shall be reviewed by the Planning Director on a yearly basis to determi
if all conditions of this permit have been met and that the use does not have
significant detrimental impact on surrounding properties or the public health a
welfare. If the Planning Director determines that the use has such si&ca
impacts, the Planning Director shall recommend that the Planning Commission, aft
providing the permittee the opportunity to be heard, add additional conditions
mitigate the significance of the adverse impacts. This permit may be revoked at a;
time after a public hearing, if it is found that the use has significant detrimenr
affect on surrounding land uses and the public’s health and welfare, or t
conditions imposed herein have not been met. This permit may be extended fol
reasonable period of time not to exceed ten years upon written application of t
permittee made no less than 90 days prior to the expiration date. In granting su
an extension, the Planning Commission shall find that no substantial adverse afft
on surrounding land uses or the public’s health and welfare is found, the extensil
shall be considered as an original application for a conditional use permit. Thc
is no limit to the number of extensions the Planning Commission may grant.
16. This approval shall become null and void if building permits are not issued for tl
project within 18 months from the date of project approval,
PC RES0 NO. 3311 5
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17. If the property owner/owners' address changes from that which is shown on t
conditional use permit application, a notice of a change of address shall be reportc
in writing, to the Planning Department within 30 days.
18, Trash receptacle areas shall be enclosed by a six-foot high masonry wall with ga
pursuant to City standards. Location of said receptacles shall be approved by 1
Planning Director. Enclosures shall be of similar colors and materials to the projl
to the satisfaction of the Planning Director.
19. The applicant shall prepare a detailed landscape and irrigation plan which shall
submitted to and approved by the Planning Director prior to issuance of grading
building permits, whichever occurs first.
20. All new trees shall be a minimum of 15 gallons in size.
21. Existing onsite trees shall be retained wherever possible. Dead, decaying
potentially dangerous trees shall be approved for removal at the discretion of t
Planning Department during the review of a Master Plan submitted showi
existing onsite trees. Those trees which are approved for removal shall be replac
on a tree-for-tree basis as required by the Planning Department,
22. The developer shall install street trees at the equivalent of 40-foot intervals alo
all public street frontages in conformance with City of Carlsbad standards. T
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 a~
submitted per the landscape plan check procedures on file in the Planni
Department.
24. Prior to final occupancy, a letter from a California licensed landscape architect sb
be submitted to the Planning Director certifying that all landscaping has be
installed as shown on the approved landscape plans.
25. All landscaped areas shall be maintained in a healthy and thriving condition, fr
from weeds, trash, and debris.
26. Building identification and/or addresses shall be placed on all new and existi
buildings so as to be plainly visible from the street or access road; color
identification and/or addresses shall contrast to their background color.
27. As part of the plans submitted for building permit plan check, the applicant sh
include a reduced version of the approving resolutiodresolutions on a 24" x 3
blueline drawing. Said blueline drawing(s) shall also include a copy of a
applicable Coastal Development Permit and signed approved site plan.
PC RES0 NO. 3311 6
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28. Prior to issuance of a grading or building permit, whichever comes first, a so
report shall be prepared and submitted to the City of Carlsbad. If the soils rep(
indicates the presence of potential fossil bearing material then a standard h
phased program, on file in the Planning Department, shall be undertaken to avc
possible significant impacts on paleontological resources under the direction of t
Planning Department.
hheerinz Conditions:
29. Unless a standard variance has been issued, no variance from City Standards
authorized by virtue of approval of this site plan.
30. The developer shall comply with all the rules, regulations and design requiremer of the respective sewer and water agencies regarding services to the project.
31. The developer shall be responsible for coordination with S.D.G.&E., Paci
Telephone, and Cable TV authorities.
32. The owner of the subject property shall execute a Hold Harmless Agreeme
regarding drainage across the adjacent property prior to approval of any grading
building permit for this project.
33. Pretreatment of the sanitary sewer discharge from this project may be required.
addition to the requirements for a sewer connection permit the developer sh
conform to the requirements of Chapter 13.16 of the Carlsbad Municipal Code. TI
developer shall apply for an industrial waste water discharge permit concurrenf
with the building permit for this project. No Certificates of Occupancy for tl
project will be issued before the industrial waste discharge permit applicatic
requirements have been met and all applicable fees paid.
34. Based upon a review of the proposed grading and the grading quantities shown (
the site plan, a grading permit for this project is required. Prior to issuance of
building permit for the project, the applicant must submit and receive approval f
grading plans in accordance with City codes and standards, be issued a gradil
permit and complete the grading work in substantial conformance with t:
approved grading plans.
35. No grading shall occur outside the limits of the project unless a grading or slo:
easement is obtained from the owners of the affected properties. If the develop
is unable to obtain the grading or slope easement, he must either amend t:
Conditional Use Permit or change the slope so grading will not occur outside tl
project site in a manner which substantially conforms to the approved site plan
determined by the City Engineer and Planning Director.
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36. A separate grading plan shall be submitted and approved and a separate Padi
1 permit issued for the borrow or disposal site if located within the city limits.
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37. Prior to hauling dirt or construction materials to any proposed construction s
within this project the developer shall submit to and receive approval from the C
Engineer for the proposed haul route. The developer shall comply with
conditions and requirements the City Engineer may impose with regards to t
hauling operation.
38. The developer shall exercise special care during the construction phase of tl
project to prevent offsite siltation. Planting and erosion control shall be provid
in accordance with the Carlsbad Municipal Code and the City Engineer. Referer
Chap 11 -06.
39. Additional drainage easements and drainage structures shall be provided or install
prior to the issuance of grading or building permit as may be required by the C
Engineer.
40. The developer shall make an offer of dedication to the City for all public streets a
easements required by these conditions or shown on the Site Development Pk
The offer shall be made prior to issuance of any Building Permit for this proje
All land so offered shall be granted to the City free and clear of all liens a
encumbrances and without cost to the City. Streets that are already public are r
required to be rededicated.
15 41. Prior to approval of any grading or building permits for this project, the owner sh
the site plan into the existing City of Carlsbad Street Lighting and Landscapi 16 give written consent to the annexation of the area shown within the boundaries
17 District No. 1. The form shall be provided by the City during the improvemc
plancheck process.
18 42. Runoff from this project is conveyed to environmentally sensitive areas. 'I
drainage prior to discharge. Plans for such improvements shall be approved by 1
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City Engineer prior to issuance of grading or building permit. 20
subdivider shall provide adequate means of eliminating grease and oils frc
21 43. Plans, specifications, and supporting documents for all improvements shall
22 prepared to the satisfaction of the City Engineer. Prior to issuance of Buildi Permit/Grading Permit in accordance, with City Standards the Developer sh 23
24 improvements shown on the site plan and the following improvements: install, or agree to install and secure with appropriate security as provided by la
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, A. Standard 5 foot wide sidewalks along the project frontage along camino Vk
Roble and along the "southerl~ portion of Palomar Oaks Way as shown c
the site plan.
B. Wheelchair ramps fronting on the project at the intersections of Camino Vi(
Roble and Palomar Oaks Way and Palomar Oaks Way and Palomar Od court.
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C. The removal and reconstruction of the damaged portion of the ex is ti^
private concrete drainage ditch system located within the southerly low 1yi1
area of the property adjacent to Palomar Oaks Way to the satisfaction of tl
city Etlgineer.
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44. Improvements listed above shall be constructed within 12 months of Improveme
Plan approval.
45. The structural section for the private driveway must be designed with a traffic indc
of 5.0 in accordance with City Standards due to a truck route through the parki
11 lot and/or aisles with an ADT greater than 500.
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46. The developer shall dedicate an additional one foot wide easement for street a~
addition, the developer shall also dedicate any other required easements for stre
and public utility purposes along Camino vida Roble in order to provide a minimu
of 48 inches of clear unobstructed sidewalk around all existing obstructions.
public utility purposes along the project frontage along Camino Vida Roble.
47. The developer shall dedicate an additional one foot wide easement for "public utili
and access" along the southeasterly leg of Palomar Oaks Way (private street)
provide for the required construction of standard width sidewalk as shown on tl
site plan.
18 48. Prior to the issuance of a grading or building permit for the project the develop
Game or provide proof of "no pennits necessaryll for the condition
removal/ reconstruction of the drainage ditch within the wetland area adjacent
Palomar Oaks Way.
19 shall obtain any required pennits from the California Department of Fish a3
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22 49. Prior to the issuance of a grading or building permit for the project the develop
shall submit proof of a recorded easement to the Vallecitos Water District for t 23 exiting sewer force main that runs through the property or provide a letter hm t
24 Vallecitos Water District stating that they do not want or need an easement.
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50. This project proposes the relocation of an exkting fire hydrant on site. Prior to
and water district approval for appropriate waterline improvement plans, and
3 easement due to the relocation. All improvements shall be designed in conformance
with the City and Water District Standards, plancheck and inspection fees paid and
4 improvement security shall be posted with the Water District.
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easement including the quitclaiming of any "excess" portions of the existing 2
issuance of a building pexmit for the site, the applicant must submit and receive city
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51. The applicant shall comply with the requirements of the National Pollutanl
Discharge Elimination System (NPDES) permit. The applicant shall provide besl
management practices to reduce surface pollutants to an acceptable level prior tc
discharge to sensitive areas. Plans for such improvements shall be approved by thc
City Engineer prior to issuance of grading or building permit, which ever ocm
first.
52. In order to isolate and collect possible gasoline/oil spillage from the gasoline fuelinl
area under the canopy this area shall be designed so as to not accept site drainagt
outside of the canopy area. The area under the canopy shall be constructed 0:
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 intc
a holding tank. The holding tank shall be located within a self-contained area. Tht
effluent fkom the holding tank shall be considered "Hazardous Waste" and shall b
disposed of as required by law. The owner/operator of the business shall maintah
records of the legal disposal of the "Hazardous Waste" and shall produce them up01
demand. The final design of this collection facility shall be to the satisfaction of tht
City Engineer.
16 53. The developer is required to pay a park-in-lieu fee of $.40 per square foot to bc
Facilities Management Plan. 17 collected at the time of building permit issuance as required by Zone 5 Loca
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54. Prior to the issuance of building permits, complete building plans shall be submittec
to and approved by the Fire Department.
55. All required fire hydrants, water mains and appurtenances shall be operational prio
to combustible building materials being located on the project site.
56. All private driveways shall be kept clear of parked vehicles at all times, and shal
have posted "NO Parking/Fire Lane'' - pursuant to Section 17.04.020, Carlsbal
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' Municipal Code.
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57. Plans and/or specifications for fire alarm systems, fire hydrants, extinguishir
1 systems, automatic sprinklers, and other systems pertinent to the project shall 1
submitted to the Fire Department for approval prior to construction.
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58. Plans and perrnits shall be required for underground storage and dkpemhg
gasoline in accordance with UFC and County Health Department regulations.
Carlsbad Municipal Water District Conditions:
59. The entire potable and non-potable water system/systems for subject project sh; 6 be evaluated in detail to ensure that adequate capacity and pressure for domest
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8 60. The developer's engineer shall schedule a meeting with the District Engineer and tl
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landscaping and fire flow demands are met.
City Fire Marshal and review the preliminary water system layout prior
9 preparation of the water system improvement plans.
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61. The developer will be responsible for all fees and deposits plus the major facilj
charge which will be collected at time of issuance of building permit.
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I. /I a 0 I1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
1 Commission of the City of Carlsbad, California, held on the 20th day of November, 1991
2 by the following vote, to wit:
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AYES: Chairman Holmes, Commissioners: Schlehuber, Schramm
Savary & Noble.
NOES: None.
6 ABSENT: Commissioners: Erwin & Hall.
7 ABSTAIN: None.
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ATTEST:
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w ROBERT HOLMES, Chairperson
CARLSBAD PLANNING COMMISSION
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16 PLANNING DIRECTOR
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