HomeMy WebLinkAbout1993-11-17; Planning Commission; Resolution 3571.,
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PLANNING COMMISSION RESOLUTION NO. 3571
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
RESTAURANT, CAR WASH AND AUTO MOBILE SERVICE
FACILITY ON PROPERTY GENERALLY LOCATED ON THE
SOUTHWEST CORNER OF PASEO DEL NORTE AND
PALOMAR AIRPORT ROAD SOUTH OF THE EXISTING
DEVELOPMENT.
CASE NAME: PRIME AUTO CENTER
CONDITIONAL USE PERMIT TO ALLOW A DRIVE-THRU
CASE NO: CUP 93-01
WHEREAS, a verified application has been filed with the City of Carlsbac
and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided b:
Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on the 17th day of November, 1993, hold a duly noticed public hearin1
to consider said application on property described as:
Portion of Lot H, Rancho Agua Hedionda, Map 823.
WHEREAS, at said public hearing, upon hearing and considering a1
testimony and arguments, if any, of all persons desiring to be heard, said Commissior
considered all factors relating to CUP 93-01.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissior
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
APPROVE CUP 93-01, based on the following findings and subject to the following
conditions:
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Findings:
1. The existing automobile service station in the CT zone which do not providf
services such as automobile lube and oil or full service car washes arf
complemented by the lube and oil facility and car wash uses; these uses art
therefore consistent with allowing automobile service stations and car washes ir
conjunction with automobile service stations in the CT zone (Chapter 21.29.050)
2. Fluorescent tube or neon lighting on the building exteriors which is not a part oi
an approved sign is an attention getting device prohibited by the Sign Ordinance
(Chapter 21.41.050(2) of the Carlsbad Municipal Code).
3. That the requested use is a necessary or desirable for the development of the
community, b) is essentially in harmony with the various elements and objectives
of the general plan, and c) is not detrimental to existing uses or to uses specificallJ
permitted in the zone in which the proposed use is to be located;
a). The requested uses are necessary and desirable for the development of thf
community at this location since restaurant and automobile related services
are proposed as part of an existing freeway service facility providing
necessary services to travelers and to employees of nearby industrial
development;
b). The project is in harmony with the various elements and objectives of the
General Plan since the underlying Travel Service designation allows
commercial service uses accessible to interregional traffic which will serve
business and industrial areas as well as the traveling public. The proposed
commercial service uses and the site’s location at the intersection of
Palomar Airport Road and Paseo del Norte adjacent to the 1-5 freeway
enables easy and direct access from 1-5 and from industrial parks located
along Palomar Airport Road; and
c). The project is not detrimental to existing uses or to uses specifically
permitted in the zone in which the proposed uses are to be located since
the site has been designed to ensure proper functioning and the proposed
architectural style is consistent and compatible with surrounding
development. Potential noise and visual impacts to surrounding uses have
been reduced to insignificant levels by project landscaping and a noise
barrier around the Rally’s outdoor eating area.
4. That the site for the intended use is adequate in size and shape to accommodate
the uses by ensuring a site design which provides through-circulation and avoids
potential conflicts from waiting cars enabling the smooth flow of traffic through
the site. Adequate parking is provided in close proximity to each use and
PC RES0 NO. 3571 -2-
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perimeter and interior landscaping totaling 19% of the site is provided.
5. That all of the yards, setbacks, walls, fences, landscaping, and other feature:
necessary to adjust the requested use to existing or permitted future uses in thc
neighborhood will be provided and maintained;
Design features necessary to adjust the requested uses to existing and pennittec
uses in the neighborhood will be provided and include compatible architecture
perimeter and interior landscaping to screen and separate uses, parking anc
signage in accordance with the Parking and Sign Ordinances, adequate queuinj
areas for each use, and through-circulation allowing easy and direct access tc
interregional t-raffic.
6. That the street system serving the proposed use is adequate to properly handle a1
traffic generated by the proposed use.
The street system serving the proposed uses is adequate to properly handle tht
additional 1,426 trips projected to result from this project with surrounding roac
segments and intersections continuing to operate at acceptable levels in accordanct
with Growth Management standards.
7. The proposed addition of a 66 square foot Rally’s sign to the existing freestandin2
pole sign will not exceed 25% of the replacement value of the existing pole signs
8. The Rally’s sign will be affixed to an existing pole sign below the existing sigm
allowing for relatively easy removal.
9. The Sign Ordinance permits a maximum of 250 square feet of freestanding (pole:
signage on any lot which constitutes a freeway service facility and consists of twc
or more freeway serving uses. The existing freeway service facility consists of twc
freeway serving uses and the proposed addition of 66 square feet of Rally’s signagc
to the existing 168 square feet for a total of 234 square feet of pole signage i
consistent with code.
10. Since signage must be visible from some distance to alert travelers of the need tc
exit the freeway or highway to access uses located within a freeway servicc
facility, the intensification of the nonconforming freestanding pole sign locatec
within an existing freeway service facility is necessary for the development of tht
freeway service facility and therefore the community, consistent with the Trave
Service General Plan land use designation, and not detrimental to uses pennittec
in the Commercial Tourist Zone.
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PC RES0 NO. 3571 -3 -
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1 Conditions:
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2. The developer shall provide the City with a reproducible 24" x 36", mylar copy o 5
noted in these conditions. 4
1. Approval is granted for CUP 93-01, as shown on Exhibit(s) ttAtf-ftLII, datec
3 November 17, 1993, incorporated by reference and on file in the Plannin:
Department. Development shall occur substantially as shown unless othenvis
the site plan as approved by the Planning Commission. The plan shall reflect thf 6
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conditions of approval by the City. The plan copy shall be submitted to the Ciq
Engineer and approved prior to building, grading, final map, or improvement plaI
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submittal, whichever occurs first.
3. This project is approved upon the express condition that building permits will no
determines that sewer facilities are available at the time of application for sucl
9 be issued for development of the subject property unless the District Enginee
10 sewer permits and will continue to be available until time of occupancy.
11 4. This project is also approved under the express condition that the applicant paJ
July 2, 1991) and as amended from time to time, and any development fee:
13 established by the City Council pursuant to Chapter 21.90 of the Carlsbac
Municipal Code or other ordinance adopted to implement a growth managemen 14 system or facilities and improvement plan and to fulfill the subdivider's agreemen
15 to pay the public facilities fee dated April 2, 1993, a copy of which is on file wit1
the City Clerk and is incorporated by this reference. If the fees are not paid thi:
16 application will not be consistent with the General Plan and approval for thi:
project will be void. 17
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12 the public facilities fee adopted by the City Council on July 28, 1987 (amendec
5. Water shall be provided to this project pursuant to the Water Service agreemen1
between the City of Carlsbad and the Carlsbad Municipal Water District, dated May
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6. This project shall comply with all conditions and mitigation measures which maj 20
25, 1983.
21 be required as part of the Zone 3 Local Facilities Management Plan and anq
amendments made to that Plan prior to the issuance of building permits.
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7. If any condition for construction of any public improvements or facilities, or thf
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 ir
Government Code Section 65913.5. If any such condition is determined to be
invalid this approval shall be invalid unless the City Council deterrnines that: the
project without the condition complies with all requirements of law.
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8. This approval shall become null and void if building permits are not issued for thi
project within two years from the date of project approval.
9. Approval of CUP 93-01 is granted subject to the approval of SDP 93-01.
10. This conditional use permit is granted for a period of 10 years. This condition;
use permit shall be reviewed by the Planning Director on a yearly basis tc
determine if all conditions of this permit have been met and that the use does no
have a significant detrimental impact on surrounding properties or the publit
health and welfare. If the Planning Director determines that the use has sucl
significant adverse impacts, the Planning Director shall recommend that thl
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 any time after a public hearing, if it is found that the use ha
a significant detrimental affect on surrounding land uses and the public’s healtl
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 10 years upor
written application of the permittee made no less than 90 days prior to thf
expiration date. In granting such extension, the Planning Commission shall finc
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 :
substantial adverse affect on surrounding land uses or the public’s health an(
welfare is found, the extension shall be considered as an original application fo:
a conditional use permit. There is no limit to the number of extensions thc
Planning Commission may grant.
11. If the property owner/owners’ address changes from that which is shown on the
conditional use permit application, a notice of a change of address shall be
reported, in writing, to the Planning Department within 30 days.
12. Prior to the issuance of the building permit there shall be a Notice of Restrictior
placed on the Deed to this property subject to the satisfaction of the Planning
Director notifying all interested parties and successors in interest that the City o
Carlsbad has issued a Conditional Use Permit and Site Development Plan bl
Resolution Nos. 3570 and 3571 on the real property owned by the declarant. Said
Notice of Restriction shall note the property description, location of the file
containing complete project details and all conditions of approval as well as anq
conditions or restrictions specified for inclusion in the Notice of Restriction. The
restrictions referred to in said notice may be modified or terminated only with the
approval of the Planning Director, Planning Commission or City Council of the Ciq
of Carlsbad whichever has final decision authority for this project.
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PC RES0 NO. 3571 -5-
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13. Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gate:
Planning Director. Enclosure shall be of similar colors and/or materials to thc 1
project to the satisfaction of the Planning Director. 2
pursuant to City standards. Location of said receptacles shall be approved by thf
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14. All roof appurtenances, including air conditioners, shall be architecturall;
integrated and concealed from view and the sound buffered from adjacen
properties and streets, in substance as provided in Building Department Policy No,
5 80-6, to the satisfaction of the Directors of Planning and Building.
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15. 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 Chiel
and the Planning Director.
8 16. The applicant shall prepare a detailed landscape and irrigation plan which shall bc
9 submitted to and approved by the Planning Director prior to the approval 0:
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grading or building plans, whichever occurs first.
17. All parking lot trees shall be a minimum of 15 gallons in size.
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18. All landscaped areas shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris.
19. All landscape plans shall be prepared to conform with the Landscape Manual and
submitted per the landscape plan check procedures on file in the Planning
Department.
16 20. Landscape plans shall be designed to minimize water use. Lawn and other zone
1 plants (see Landscape Manual) shall be limited to areas of special visual 17 importance or high use. Mulches shall be used and irrigation equipment and
l8 /I design shall promote water conservation.
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i 21. The developer shall avoid trees that have invasive root systems, produce excessive
litter and/or are too large relative to the lot size.
22. Planter width shall be a minimum of four (4) feet, not including curb, footings 21 and/or other paving, and parking overhang.
22 23. Prior to final occupancy, a letter from a California licensed landscape architect
23 shall be submitted to the Planning Director certifylng that all landscaping has been
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installed as shown on the approved landscape plans.
24. The applicant shall pay a landscape plan check and inspection fee as required by
Section 20.08.050 of the Carlsbad Municipal Code.
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25. The minimum shrub size shall be 5 gallons.
26. 30% of trees in industrial and commercial projects shall be 24" box or greater.
27. Any signs proposed for this development shall at a minimum be designed ir
conformance with the City's Sign Ordinance and shall require review and approva
of the Planning Director prior to installation of such signs.
28. The applicant shall remove the wood posts located adjacent to the southern
property lease line and the northern boundary of Hadley's parking lot.
29. Project lighting shall be directed downward to avoid light spillage onto adjaceni
properties.
30. Fluorescent tube lighting proposed as an architectural element on buildings in thi
development is strictly prohibited.
31. A uniform sign program for this development is included as part of this project
Prior to issuance of a sign permit for individual signs, the Planning Director shaL
detennine that signage is compatible in color and material with signage existing
within the freeway service facility which includes the Mobile Gas Station and Car
Wash and Denny's Restaurant.
32. Offices within the car wash structure are restricted to onsite uses which maj
include car wash, car service facility, and fast food restaurant personnel only.
33. Prior to issuance of a grading or building permit, whichever occurs first, thc
applicant shall provide evidence of an approved Coastal Development Permit.
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34. Prior to issuance of building permits, the applicant shall submit a color material!
board for Planning Director approval. These shall be consistent with materials and
colors proposed by the applicant during project review.
35. The pole signage shall be abated consistent with the requirements of any future
ordinances implementing the LCP which set a time limit for conformance with the
sign requirements of the LCP.
36. The red plastic canopies with neon lights as shown on Rally's architectural
elevation, Exhibit "F", shall be replaced with stucco coated canopies consistent witk
the building exterior and subject to the approval of the Planning Director.
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hgineering Conditions:
37. Unless a standards variance has been issued, no variance from City Standards i:
authorized by virtue of approval of this site plan.
38. The applicant shall comply with all the rules, regulations and design requirement
of the respective sewer and water agencies regarding sewices to the project.
39. The applicant shall be responsible for coordination with S.D.G.&E., Pacific Bel
Telephone, and Cable TV authorities.
40. Prior to building permit issuance the applicant shall pay all current fees anc
deposits required.
41. Pretreatment of the sanitary sewer discharge from this project may be required
In addition to the requirements for a sewer connection permit the applicant shal
conform to the requirements of Chapter 13.16 of the Carlsbad Municipal Code
The applicant shall apply for an industrial waste water discharge permi
concurrently with the building permit for this project.
42. Prior to hauling dirt or construction materials to or from any propose(
construction site within this project, the applicant shall submit to and receivc
approval from the City Engineer for the proposed haul route. The applicant shal
comply with all conditions and requirements the City Engineer may impose witE
regards to the hauling operation.
43. The applicant shall comply with the City's 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 building permit.
Water Conditions:
44. The entire potable and non-potable water system, reclaimed water system anc
sewer system shall be evaluated in detail to ensure that adequate capacity anc
pressure and flow demands are met.
45. The developer shall be responsible for all fees, deposits and charges which will be
collected at time of issuance of the building permit. The San Diego County Water
Authority capacity charge will be collected at issuance of application for meter
installation.
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46. Sequentially, the Developers Engineer shall do the following:
A. Meet with the City Fire Marshall and establish the fire protectior
requirements.
B. Prepare a colored reclaimed water use area map and submit to the Planninl
Department for processing and approval.
C. Schedule a meeting with the District Engineer for review, comment anc
approval of the preliminary system layout usage (G.P.M. - E.D.U.) plan fo~
potable, reclaimed and sewer systems prior to the preparation 0:
improvement plans.
47. This project is approved upon the expressed condition that building permits wil
not be issued for development to the subject property unless the water distric
serving the development determines that adequate water service and sewe:
facilities are available at the time of application for such water service and sewe:
permits will continue to be available until time of occupancy. This note shall bc
placed on the final map.
Fire Conditions:
48. Prior to the issuance of building permits, complete building plans shall be
submitted to and approved by the Fire Department.
49. Additional onsite public water mains and fire hydrants are required.
50. Applicant shall submit a site plan to the Fire Department for approval, whicl-
depicts location of required, proposed and existing public water mains and firc
hydrants. The plan should include off-site fire hydrants within 200 feet of thc
project.
51. Applicant shall submit a site plan depicting emergency access routes, driveways
and traffic circulation for Fire Department approval.
52. An all-weather, unobstructed access road suitable for emergency service vehicles
shall be provided and maintained during construction. When, in the opinion of the
Fire Chief, the access road has become unserviceable due to inclement weather ox
other reasons, he may, in the interest of public safety, require that construction
operations cease until the condition is corrected.
53. All required water mains, fire hydrants and appurtenances shall be operational
before combustible building materials are located on the construction site.
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54. Private roads and driveways which serve as required access for emergency servicc
1 vehicles shall be posted as fire lanes in accordance with the requirements o section 17.04.020 of the Carlsbad Municipal Code. 2
3 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planninj
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Commission of the City of Carlsbad, California, held on the 17th day of November, 1993
by the following vote, to wit:
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AYES: Chairperson Noble, Commissioners: Schlehuber, Betz, Savay
& Erwin.
NOES: Commissioner Welshons.
ABSENT: Commissioner Hall.
ABSTAIN: None.
BAILEY NOBLE, Chairperson _.. i
CARLSBAD PLANNING COMMISSION
ATTEST:
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l8I 2%&&&%?+ \
19 /I PLANNING DIRECTOR
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