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HomeMy WebLinkAbout1993-11-17; Planning Commission; Resolution 3569I I/ 0 0 1 2 3 4 5 6 PLANNING COMMISSION RESOLUTION NO. 3569 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A NEGATIVE DECLARATION FOR A SITE DEVELOPMENT THRU RESTAURANT, CAR WASH, AND AUTOMOBILE SERVICE FACILITY IN THE COMMERCIAL TOURIST ZONE. CASE NAME: PRIME AUTO CENTER PLAN/CONDITIONAL USE PERMIT TO ALLOW A DRIVE- CASE NO: SDP 93-O1/CUP 93-01 7 WHEREAS, the Planning Commission did on the 17th day of November, 8 1993, hold a duly noticed public hearing as prescribed by law to consider said request, and 9 WHEREAS, at said public hearing, upon hearing and considering all testimonq lo and arguments, examining the initial study, analyzing the information submitted by staff: I.1 It and considering any written comments received, the Planning Commission considered al: 12 I1 13 II factors relating to the Negative Declaration. 14 15 A) That the foregoing recitations are true and correct. 16 as follows: NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissior 17 18 19 B) That based on the evidence presented at the public hearing, the Planning Commission hereby APPROVES the Negative Declaration according to Exhibit "ND", dated September 23, 1993, and "PII", dated September 13, 1993, attached hereto and made a part hereof, based on the following findings: 20 21 Findinps 1. The initial study shows that there is no substantial evidence that the project maJ 22 have a significant impact on the environment. 23 25 3. The streets are adequate in size to handle traffic generated by the proposed project. 24 2. The site is a flat infill lot which has been previously disturbed. 4. There are no sensitive cultural or biological resources located onsite or located so 26 as to be significantly impacted by this project. 27 28 .. ll 0 0 1 2 3 4 5 6 7 a 9 10 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 17th day of November, 1993, by the following vote, to wit: AYES: Chairperson Noble, Commissioners: Schlehuber, Betz, Savary & Erwin. NOES: Commissioner Welshons. ABSENT: Commissioner Hall. ABSTAIN: None. 1 -1. .' f-1 v j\ & BAILEY NOBLE, Chairperson 11 12 CARLSBAD PLANNING COMMISSION ATTEST: 13 14 15 PLANNING DIRECTOR 16 17 18 19 I 20 21 22 23 24 25 11 26 27 PC RES0 NO. 3569 -2- 28 ll NEGATIVE DECLARATION PROJECT ADDRESS/LOCATION: One lot south of Palomar Airport Road, west of Paseo del Norte adjacent to the 1-5 freeway and Dennys Restaurant in the Commercial Tourist (CT) zone. PROJECT DESCRIPTION: A 711 sq. ft. drive-thru restaurant fronting on Paseo del Norte with a two story car wash.and office and a quick oil and lube facility located in the rear half of the lot adjacent to the 1-5 freeway. 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 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 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 30 days of date of issuance. If you have any questions, please call Anne Hysong in the Planning Department at (619) 438-1161, extension.4477. DATED: SEPTEMBER 23,1993 ' CASE NO: SDP 93-01/CUP 93-01 Phning Director CASE NAME: PRIME AUTO CENTER PUBLISH DATE: SEPTEMBER 23, 1993 AH:h 2075 Las Palmas Drive - Carlsbad, California 92009-1 576 - (61 9) 438-1 161 d 0 0 fgwrR0N"ENTAL IMPACT' ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) BACKGROUND CASE NO, SDP 9341/CUP 934 DATE: SEPTEMBER 13, 19' 1. CASE NAME: Prime Auto Center 2. APPLICANT: Richard StuDidArnie Slaughter 3, ADDRESS AND PHONE NUMBER OF APPLICANT: Richard A. Stupin 1445 W. Beverlv Boulevard Montebello CA 90640 4. DATE ELA FORM PART I SUBMITI'ED: March 16. 1993 5. PROJECT DESCRIPTION: A 711 sQ. ft. drive-thru restaurant frontinn on Paseo del Norte wi a two story car wash and office and a auick oil and lube facilitv located in the rear half of tl lot adiacent to the 1-5 freeway. 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 check€. 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 f any of its aspects may cause a significant effect on the environment. On the checklist, "NO will be checkr 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 sinnificant effect on the environment. The project may qualify 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 "YES-insi: respectively. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form undt bISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussir mitigation for impacts which would otherwise be determined significant. 0 0 PHYSICAL -0- WILL THE PROPOSAL DlRECTLY OR INDIRECTLY: YES big) 1. Result in unstable earth conditions or increase the exposure of people or property to geologic hazards? 2. 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? 4. 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? 6. Result 'in substantial changes in air movement, odor, moisture, or temperature? - - 7. Substantially change the come or flow of water (marine, fresh or flood waters)? 8. Affect the quantity or quality of surface water, ground water or public water supply? 9. Substantially increase usage or cause depletion of any natural resources? - - - 10. Use substantial amounts of fuel or energy? 11. Alter a significant archeological, paleontological or historical site, structure or object? - - -2- YES NO (insig) - - X X - X - - X -. - - X - - X - X - - X - X X - - - - - - x e 0 BIOLOGICAL mom WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES big) 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 banier 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? 16. Introduce new species of animals into an area, or result in a barrier to the migration or movement of animals? - - - 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 ($40 - - ’ r -3- YES NO (insig) - X - X - X - - - X - - x YES NO (insis> - X. X - - 0 0 HuMANENvIRoNrvlENT .. tv[LL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES (sig) YES NO (insig) 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. Result in the need for new or modified sewer systems, solid waste or hazardous waste control systems? Increase existing noise levels? Produce new light or glare? Involve a significant risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation)? Substantially alter the density of the human population of an area? Affect existing housing, or create a demand for additional housing? Generate substantial additional traffic? Affect existing parking facilities, or create a large demand for new parking? Impact existing transportation systems or alter present patterns of circulation or movement of people and/or goods? Alter waterborne, rail or air traffic? .. - - X - X - - - - - - - - - - - - - - - - X - - - X - X - X X - X - X X - 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 - - - - - - - - X - X - X - X - e 0 MANDATORY FIM>INGS OF SIGNIFICANCE WILL THE PROPOSAL DIRECTLY OR 1NDRK"LY: YES YES NO big) (insig) 33. Does the project have the potentid 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 important examples of the major periods of California history or prehistory. 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.) 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.) 36. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? - - - - X - X - X - - - - - X - -5- ,. 0 0 D[SCUSSION OF EmRONMENTw EVALUATION 1-2. ~inimal grading (30O.cubic Yards) is proposed for this project which is located on a relatively f previously graded infill lot containing no unique physical features. Compliance with the Ci Grading Ordinance will preclude any ustable earth conditions. The project site is not identified having any geotechnical hazards and there are no known active or potentidy active faults loca within the City limits. 3-4. The project has frontage on an improved secondary arterial 7. providing the necessary stom & connections, and the project's drainage design will avoid potential onsite or offsite soil erosion, : project is not adjacent to a river, stream, lake, or major body of water; therefore, the grading ; drainage will not impact the deposition of beach sand or modify water features. 5. The project will generate an additional 1,426 average daily vehicular trips resulting in long-term pollutant emissions which when considered with other development in the air basin will contrib to nonattainment of clean air standards. In accordance with the City's General Plan PO; requirements to reduce air quality impacts to the lowest level possible, the proposed uses ; consistent with policies requiring that travel service commercial areas be located along the Corridor ens,uring accessibility and requiring that Growth Management performance standards circulation facilities are met. .6. The project consists of two small scale single story structures and one two story linear struch designed to permit air movement to occur in both directions through the site. No substantial o( or change in air temperature or moisture will result from the project since uses will be conducted enclosed structures. a. Project compliance with the National Pollutant Discharge Elimination System permit requireme: will avoid substantial adverse affects from project runoff into surrounding manmade and natu drainage facilities. 9-10. The project is small in scale covering 1.35 acres consisting of a flat infill lot. The proposed car w: will utilize large quantities of water, however, the use contains a water recycling system to consel water, and building permits will not be issued for development unless the water district serving 1 project determines that adequate water service is available. The proposed uses are service u unlikely to consume substantial amounts of fuel or energy. 11. The project is located on a previously graded infill lot adjacent to 1-5 freeway with no significa archaeological, paleontological or historical resources existing onsite. 12-16. The project site is a previously graded, asphalt covered, infill lot surrounded by urban develop me^ therefore, there will be no significant impacts to biological resources or agricultural lands. 17-18. The proposed uses are allowed upon the approval of a conditional use permit based on requir findings. The project is compatible with surrounding commercial uses and the necessary pub utilities and services are in place to serve the facility without exceeding performance stand= required by the Growth Management Ordinance. -6- . .. e 0. 20. The project Will increase exis% noise levels, however, the ody sensitive onsite or offsite r;eceptc is the outdoor eating area Proposed adjacent to Rally's Burgers. Mitigation meas-es which hcluc sound barriers around the outdoor eating area will reduce noise impacts to below 65 CNEL. 21. The project includes internally lighted wall signage and pole lighting, however, the additional fig: will not create a substantial adverse impact to the area. The project is located adjacent to he I freeway and at the intersection of two circulation arterials with existing commercial uses located c three of the four corners of the intersection. No residential uses exist at this intersection. n suromding commercid uses d produce equivalent light and glare. Pole light;lg d be dfrectr to avoid light spillage offsite, no freeway signage will be permitted, and project lighting will nl impact residential uses. 22. The project includes a Quick Oil Change operation and car wash which have the potential to invol- the release of hazardous substances, however, the project is required to receive a Waste Dischar: Permit from the Encina Water Pollution Control Facility which controls the release of aazardo, substances into the sewer system. The project must also comply with NPDES permit requiremen to avoid the release of hazardous substances into. the storm drain systems. 23-24. The project consists of commercial service uses located on a vacant commercial lot with relative: few employees. The project will therefore have no impact on population densir. r existing housin; and will not create a demand for additional housing. 25,27. The road segments and intersections serving the project currently operate at acceptable levels (( are currently being improved to operate at acceptable levels), and the relatively low average dai trip generation of this project will not significantly reduce the existing levels of service. 26. The project, located on a vacant lot, will not impact existing facilities and will provide adequa onsite parking to serve all proposed uses. 28. The project's location precludes any impact to waterborne, rad or air traffic. 29. The project site fronts on a secondary arterial providing two lanes of traffic each way. The projec is designed to avoid traffic hazards by providing unobstructed sight distance. at points of ingress an egress, adequate onsite automobile queuing areas for all uses to avoid mflic back-up onto th roadway at the project entry, and parking spaces in proximity to each use thereby avoiding conflic~ between onsite pedestrian and automobile circulation. 30. The project will not interfere with emergency response plans or emergency evacuation plans. 3 I. The project is located adjacent to the Interstate 5 freeway on an infill commercial lot smunded b existing commercial developments. No scenic vista will be impacted due to this development, ant project landscaping and architecture should enhance the area and ensure a visually pleasin development. $2. No existing recreational opportunities will be impacted by the project. -7- .. e e m’aysrs OF VtABLE ALTERNATNES TO THE PROPOSED PROJECT SUCH AS: a) Phased development of the project, b) alternate site designs, C) alternate scale of development, d) alternate uses for the site, e) development at some future time rather than now, f> alternate sites for the proposed project, and g) no project alternative. a. The project is too small in scale to consider long term phasing of development. b. The project has been reviewed to ensure functionality. Several design options have been considel prior to arriving at an acceptable design; therefore, alternate site designs without eliminating one more of the proposed uses have already been considered. c. The proposed scale of development is small one and two story structures situated in a linear design frc the front to rear of the lot. This scale of development is consistent with surrounding development a can be accommodated at the proposed site. Consideration of an alternate scale of development, withc eliminating one or more of the uses, is unlikely to result in a superior project. d. The proposed uses consist of a drive-th- restaurant, car wash, and quick oil change requiring conditional use permit in the commercial tourist zone. These uses are service oriented catering to bc the traveling public and surrounding residential users. Alternative uses such as hotels and mot permitted by right in the commercial tourist zone would result in a larger scale, more inteI development. These alternatives are unlikely to result in an environmentally superior project. e,g. The project site is an infill commercial lot which has been previously disturbed by asphalt pa^ Alternatives such as not developing the site or delaying the project to some future date will achieve environmental purpose due to the previous disturbance. f. The project‘s location adjacent to the 1-5 freeway on the west, to existing travel service uses (gas stati and restaurant) on the north, and a parking lot on the south reduces.the potential noise and vis1 impacts to surrounding uses that car wash and car repair facilities often generate. Alternate si include community commercial centers where these uses are less desirable, or the village redevelopmc area where compatibility issues often preclude these types of uses. I -8- .c e 0 DE-~E~[NATION (TO Be Completed By The Planning Depment) On the basis of this initial evaluation: - X I find the proposed Project COULD NOT have a significant effect on the environment, ad a NEGA~ DECLARATION will be prepared. e I find that the proposed project COULD NOT have a signtficant effect on the environment, because environmental effects of the proposed project have already been considered in conjunction M previously certified environmental documents and no additional environmental review is requir Therefore, a Notice of Determination has been prepared. - I find that although the proposed project could have a'signlficant effect on the environment, there 7 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. - t find the proposed project MAY have a sigmficant effect on the environment, and an ENVIRONMEM IMPACT REPORT is required. /- +,q -.q3 Date .+. Planning MectoP LIST MITlGATlNG MEASURES (IF APPWCABLEl .. ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE) I 1 -9-