HomeMy WebLinkAbout1994-11-02; Planning Commission; Resolution 3718e a
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PLANNING COMMISSION RESOLUTION NO. 3718
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA, APPROVING
THE RENUMBERING AND AMENDMENT TO A
CONDITIONAL USE PERMIT TO DEMOLISH ONE
FUELING ISLAND AND CANOPY AND CONVERT THE
EXISTING SERVICE BAYS TO A NEW COMBINATION
CONVENIENCE MARKET/CAR WASH AND APPROVING
A SIGN 45 FEET ABOVE THE FREEWAY ON PROPERTY
GENERALLY LOCATED AT THE SOUTHWEST CORNER
OF CARLSBAD VILLAGE DRIVE AND PI0 PIC0 DRIVE.
CASE NAME SHELL OIL
CASE NO: CUP 94-01
WHEREAS, a verified application has been filed with the City of Carlsbal
and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request for a Conditiona
Use Permit Amendment as provided by Section 21.26.015 and Chapter 21.42 of the Carlsbal
Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Plannin
Commission did, on the 2nd day of November, 1994, hold a duly noticed public hearing tl
consider said application on property described as:
A portion of Tract 115 of Town of Carlsbad, according to Map
775, filed February 15, 1994, in the City of Carlsbad, County of
San Diego, State of California.
WHEREAS, at said public hearing, upon hearing and considering all testimon
and arguments, if any, of all persons desiring to be heard, said Commission considered a
factors relating to renumbering and amending CUP 157 to CUP 94-01.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannin
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commissio~
APPROVES renumbering and amending CUP 157 to CUP 94-01, based on th4
following findings and subject to the following conditions:
Findines:
1. The project is consistent with all City public facility policies and ordinances since:
a. The Planning Commission has, by inclusion of an appropriate condition to thi
project, ensured that the project will not be approved unless the City Councj
finds that sewer service is available to serve the project. In addition, thc
Planning Commission has added a condition that a note shall be placed on thc
project that building permits may not be issued for the project unless thi
District Engineer determines that sewer service is available, and buildin,
cannot occur within the project unless sewer service remains available, and thl
Planning Commission is satisfied that the requirements of the Public Facilitie
Element of the General Plan have been met insofar as they apply to sewe
service for this project.
b. All necessary public improvements have been provided or will be required a
conditions of approval.
c. The applicant has agreed and is required by the inclusion of an appropriat,
condition to pay a public facilities fee. Performance of that contract an1
payment of the fee will enable this body to find that public facilities will b8
available concurrent with need as required by the General Plan.
d. Assurances have been given that adequate sewer for the project will b
provided by the City of Carlsbad.
2. The proposed project is compatible with the surrounding future land uses sino
surrounding properties are designated for commercial/governmental/open space use
on the General Plan.
3. The applicant is by condition, required to pay any increase in public facility fee, o
new construction tax, or development fees, and has agreed to abide by any addition?
requirements established by a Local Facilities Management Plan prepared pursuan
to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continuel
availability of public facilities and will mitigate any cumulative impacts created by th
project.
4. This project will not cause any significant environmental impacts and a Negativ
Declaration has been issued by the Planning Director on September 2, 1994, an
Approved by the Planning Commission on November 2, 1994. In approving thi
Negative Declaration the Planning Commission has considered the initial study, th
staff analysis, and any written comments received regarding the effects this projec
could have on the environment.
li PC RES0 NO. 3718 -2-
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5. This project is consistent with the City’s Growth Management Ordinance as it ha
been conditioned to comply with any requirement approved as part of the Locz
Facilities Management Plan for Zone 1.
6. The proposed project complies with the findings necessary for a Conditional
Use Permit as follows:
A. That the requested use is necessary or desirable for the development of th
community, is essentially in harmony with the various elements and objective
of the general plan, and is not detrimental to existing uses or to use
specifically permitted in the zone in which the proposed use is to be locate
because the proposed service station and car wash will; (1) serve tourists an
motorists traveling Carlsbad Village Drive and the 1-5 Freeway corridor; (2
diversify the range of commercial services available to local residents an
tourists of the area; (3) the car wash will have a water recycling system, thu
allowing motorists to wash their automobiles while conserving water; (4) th
project will not be detrimental to existing uses as adequate distances betweel
the proposed car wash and adjacent properties have been provided and th
project’s architecture is compatible with the styles prevalent in the immediat
area.
B. That the site for the intended use is adequate in size and shape tc
accommodate the use because; (1) adequate onsite parking is provided tf
accommodate the use; (2) adequate vehicle stacking is provided at th
entrance to the car wash; (3) the site has adequate room for vehicle turnin
movements; and (4) circulation will be improved by eliminating two of th
three driveways along Pi0 Pic0 Drive.
C. That all of the yards, setbacks, walls, fences, landscaping, and other feature
necessary to adjust the requested use to existing or permitted future uses i
the neighborhood will be provided and maintained. Adequate landscapin1
decorative wall, and moundingherming are provided along the perimeter c
the project to screen the building, parking, and areas for waiting cars fro1
adjacent properties and the public right-of-way.
D. That the street system serving the proposed use is adequate to proper!
handle all traffic generated by the proposed use because; (1) less traffic wil
be generated by this project than the existing use and therefore, the stree
system will not be significantly impacted by this project; (2) development o
the project is contingent upon adequate public facilities and, (3) two of th,
three driveways located along Pi0 Pic0 will be removed and the one remainin;
driveway will be relocated improving ingress and egress to the site.
7. That this service station existed prior to April 14,1970 when Resolution No 657 wa
adopted, and therefore, the locational criteria for service stations, required pursuan
to Chapter 21.42.010(7)(A) of the Carlsbad Municipal Code are not applicable a
provided for in Section 21.42.010(7)(C) of the Carlsbad Municipal Code.
PC RES0 NO. 3718 -3-
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8. The existing use on the site (service station with four bays) was approved under 4
previous Conditional Use Permit CUP 157, Planning Commission Resolution No
1479. All conditions of the previously approved project as well as CUP 157 arc
superseded by this Resolution No. 3718.
9. The project is not consistent with the City's landscape requirement of a 6' minimun
perimeter planter area and therefore, this project will not be approved unless thi:
landscape requirement is modified through approval of an Administrative Variance
10. The height of the freeway pole sign at 45 feet above the freeway elevation is necessar
because of severe constraints on its visibility caused by vegetation and topographj
Conditions:
1. Approval is granted for CUP 94-01, as shown on Exhibit(s) "A" - "G", except a
modified to provide the required 6' wide planter area, dated October 19, 1994
incorporated by reference and on file in the Planning Department. Developmen
shall occur substantially as shown unless otherwise noted in these conditions, anc
approved by the Planning Director and City Engineer. All conditions of Plannin;
Commission Resolution No. 1457 and prior CUP 157 shall be superseded by thi
resolution, No. 3718 and CUP 94-01.
2. The developer shall provide the City with a reproducible 24" x 36", mylar copy of thc
Site Plan as approved by the Planning Commission. The Site Plan shall reflect thc
conditions of approval by the City. The Plan copy shall be submitted to the Cit
Engineer prior to building, grading or improvement plan submittal, whichever occur
first.
3. This project is approved upon the express condition that building permits will not bc
issued for development of the subject property unless the District Enginee
determines that sewer facilities are available at the time of application for such sewe
permits and will continue to be available until time of occupancy.
4. This project is also approved under the express condition that the applicant pay tht
public facilities fee adopted by the City Council on July 28, 1987 (amended July 2
1991), and as amended from time to time, and any development fees established @
the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or othe
ordinance adopted to implement a growth management system or facilities anc
improvement plan and to fulfill the subdivider's agreement to pay the public facilitie
fee dated July 28, 1994, a copy of which is on file with the City Clerk and i
incorporated by this reference. If the fees are not paid this application will not bl
consistent with the General Plan and approval for this project will be void.
5. Water shall be provided by the Carlsbad Municipal Water District.
6. This project shall comply with all conditions and mitigation measures which may bl
required as part of the Zone 1 Local Facilities Management Plan and an
amendments made to that Plan prior to the issuance of building permits. 1) PC RES0 NO. 37 18 4-
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11.
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13.
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 66020. If any such condition is determined to be invalj
this approval shall be invalid unless the City Council determines that the projec
without the condition complies with all requirements of law.
Approval of this request shall not excuse compliance with all sections of the %nin
Ordinance and all other applicable City ordinances in effect at time of buildin
permit issuance.
This approval shall become null and void if building permits are not issued for th
project within one year from the date of project approval.
Approval of CUP 94-01 is granted subject to the approval of an Administrativ
Variance for reduced planter width.
This conditional use permit is granted for a period of five (5) years. This condition:
use permit shall be reviewed by the Planning Director on a yearly basis to determin
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 an
welfare. If the Planning Director determines that the use has such significant advers
impacts, the Planning Director shall recommend that the Planning Commission, afte
providing the permittee the opportunity to be heard, add additional conditions t
mitigate the significant adverse impacts. This permit may be revoked at any tim
after a public hearing, if it is found that the use has a significant detrimental affec
on surrounding land uses and the public’s health and welfare, or the condition
imposed herein have not been met. This permit may be extended for a reasonabl
period of time not to exceed ten (10) years upon written application of the permitte
made no less than 90 days prior to the expiration date. In granting such extensior
the Planning Commission shall find that no substantial adverse affect on surroundin
land uses or the public’s health and welfare will result because of the continuatio
of the permitted use. If a substantial adverse affect on surrounding land uses or th
public’s health and welfare is found, the extension shall be considered as an origina
application for a conditional use permit. There is no limit to the number c
extensions the Planning Commission may grant.
If the property owner/owners’ address changes from that which is shown on th
conditional use permit application, a notice of a change of address shall be reportei
in writing, to the Planning Department within 30 days.
Prior to the issuance of the building permits, there shall be a deed restriction place
on the deed to this property, subject to the satisfaction of the Planning Direct01
notifying all interested parties and successors in interest that the City of Carlsbad ha
issued a Negative Declaration and Conditional Use Permit by Resolution Nos. 371
and 3718 on the real property owned by the declarant. Said deed restriction sha
note the property description, location of the file containing complete project detail
and all conditions of approval as well as any conditions or restrictions specified fc 11 PC RES0 NO. 3718 -5-
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inclusion in the deed restriction. Said deed restridion(s) may be modified o
terminated only with the approval of the Planning Director, Planning Commissio~
or City Council of the City of Carlsbad whichever has final decision authority for thi
project.
14. Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gate
pursuant to City standards. Location of said receptacles shall be approved by thl
Planning Director. Enclosure shall be of similar colors and/or materials to thl
project to the satisfaction of the Planning Director,
15. All roof appurtenances, including air conditioners, shall be architecturally integrate(
and concealed from view and the sound buffered from adjacent properties anc
streets, in substance as provided in Building Department Policy No. 80-6, to th
satisfaction of the Directors of Planning and Building.
16. The car wash shall incorporate water recycling equipment into its design.
17. This project is approved with the Ryko Model R7B Ultra Clean with Thrust Pn
Dryer with noise reduction package. Other models may be used by the develope1
however, such equipment shall be reviewed and approved by the Planning Direct0
and shall not exceed a noise level of 69 dBA Leq at 50 feet from the exit or entranc
to the car wash. Documentation that the noise generation potential of alternativ
equipment shall be submitted for review by the Planning Director.
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19. Aisles, passageways, and recesses related to and within the building complex shal 17
designed to reflect downward and avoid any impacts on adjacent properties.
be illuminated with an intensity of at least twenty-five one hundredths (.25
footcandles at the ground level during the hours of darkness. Lighting devices shal
19 be protected by weather and vandalism resistant covers.
18. Prior to the issuance of building permits, an exterior lighting plan including parkin;
areas shall be submitted for Planning Director approval. All lighting shall br
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21.
Open parking areas shall be provided with a maintained minimum of (1) footcandl
of light on the parking surface during the hours of darkness. Lighting devices shal
be protected by weather and vandalism covers.
Hollow steel doors shall have a minimum sixteen U.S. gauge and sufficien
reinforcement to maintain the designed thickness of the door when locking device i
installed. Glass doors shall have fully tempered glass or rated burglary resistan
glazing. All swing exterior doors shall be equipped with a dead bolt. All doors shal
be equipped with an astragal constructed of steel a minimum of .125 inch thic:
which will cover the opening between the doors. The astragal shall be attached t
the outside by means of welding or with non-removable bolts spaced apart on na
more than ten inch centers. The jamb on all aluminum frame swinging doors shal
be so constructed or protected to withstand 1600 pounds of pressure in both
vertical distance of three inches and horizontal distance of one inch each side of th
PC RES0 NO. 3718 -6-
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strike, so as to prevent violation of the strike. Panic hardware shall be installed
whenever it is required by the Uniform Building Code.
22. Special attention should be given to the cashier area. It should be placed to affon
the cashier visibility of the entire complex, with no signs or obstacles impedinj
surveillance. Consideration should be given to electronic security devices such a!
electronic surveillance cameras and 211/Robbery/Hold-up transmission buttons
Monitoring and communication should be available from the gas pumps to thc
cashier area.
23. No outdoor storage of material shall occur onsite unless required by the Fire
Chief. In such instance a storage plan will be submitted for approval by the
Fire Chief and the Planning Director.
24. No outdoor displays or storage shall be permitted on the site.
25. Working drawings shall show that the block wall used on the project perimete~
adjacent to Pi0 Pic0 Drive shall be of a material and color to match the exteriol
color of the project, prior to certificate of occupancy.
26. At minimum, 6 foot perimeter landscape planters shall be provided on the site
except as may be approved by an Administrative Variance.
27. This project shall comply with the latest non-residential disabled access
requirements pursuant to Title 24 of the State Building Code.
28. The applicant shall prepare a detailed landscape and irrigation plan which shall be
submitted to and approved by the Planning Director prior to the issuance of grading
or building permits, whichever occurs first.
29. A schedule for landscape maintenance shall be submitted for review and approval bj
the Planning Director to ensure that all landscaped areas are maintained in a healthj
and thriving condition, free from weeds, trash, and debris.
30. All landscape and irrigation plans shall be prepared to conform with the Landscape
Manual and submitted per the landscape plan check procedures on file in the
Planning Department.
31. The applicant shall pay a landscape plan check and inspection fee as required bq
Section 20.08.050 of the Carlsbad Municipal Code.
32. The first set of landscape and irrigation plans submitted shall include building plans:
improvement plans and grading plans.
33. Moundingherming shall be used along the perimeter of the site and within
the interior landscape areas.
I *..' I PC RES0 NO. 3718 -7-
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34. A uniform sign program for this development shall be submitted to the
Planning Director for his review and approval prior to occupancy of any
building. No signage including any commercial advertisements located along
the gasoline pump islands, in windows, and on the building shall be
permitted unless a revised sign program is approved by the Planning
Director.
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5 35. As part of the plans submitted for building permit plan check, the applicant
shall include a reduced version of the approving resolutionhesolutions on a
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36. The curb around the perimeter of the convenience store shall be painted red ' 7
24" x 36" blueline drawing.
prohibit parking in front of or along side the building.
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37. The applicant is aware that the City is preparing a non-residential housing impact fc
(linkage fee) consistent with Program 4.1 of the Housing Element. The applicant
further aware that the City may determine that certain non-residential projects m;
have to pay a linkage fee, in order to be found consistent the Housing Element '
the General Plan. If a linkage fee is established by City Council ordinance and/(
resolution and this project becomes subject to a linkage fee pursuant to sa
ordinance and/or resolution, then the applicant for this project, or hisbedthe
successor(s) in interest shall pay the linkage fee. The linkage fee shall be paid at tl
time of issuance of building permits, except for projects involving a request for a no.
residential planned unit development for an existing development, in which case, tL
fee shall be paid on approval of the final map, parcel map or certificate (
compliance, required to process the non-residential PUD, whichever pertains.
linkage fees are required for this project, and they are not paid, this project will nc
be consistent with the General Plan and approval for this project will become nu
and void. I
Engineering Conditions:
38. Unless a standards variance has been issued, no variance from City Standards
authorized by virtue of approval of this site plan.
39. The applicant shall comply with all the rules, regulations and design requirements (
the respective sewer and water agencies regarding services to the project.
40. The applicant shall be responsible for coordination with S.D.G.& E., Pacific Be
Telephone, and Cable TV authorities.
41. Prior to building permit issuance, the applicant shall pay all current fees and deposi
required.
26 11 42. Prior to approval of the building permit, the owner of the subject property sha
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execute an agreement holding the City harmless regarding drainage across tb
adjacent property.
I )) PC RES0 NO. 3718 -8-
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43. Pretreatment of the sanitary sewer discharge from this project may be required. I
addition to the requirements for a sewer connection permit the applicant sha
conform to the requirements of Chapter 13.16 of the Carlsbad Municipal Code. TI:
applicant shall apply for, obtain and maintain an industrial waste water discharg
permit concurrently with the building permit for this project and such permit sha
be in effect for the life of the Conditional Use Permit.
44. Prior to hauling dirt or construction materials to or from any proposed constructic
site within this project, the applicant shall submit to and receive approval from tl:
City Engineer for the proposed haul route. The applicant shall comply with z
conditions and requirements the City Engineer may impose with regards to th
hauling operation.
45, The applicant shall comply with the City's requirements of the National Pollutru
Discharge Elimination System (NPEDES) permit. The applicant shall provide be;
management practices to reduce surface pollutants to an acceptable level prior I
discharge to sensitive areas. Plans for such improvements shall be approved by th
City Engineer prior to issuance of building permit.
46. Prior to building permit issuance, the applicant shall obtain a right-of-way permi
an approved traffic control plan, and submit all appropriate securities as deeme
necessary by the City Engineer for all work to be done in the public right-of-way.
Fire Conditions:
47. Prior to the issuance of building permits, complete building plans shall be submitte
to and approved by the Fire Department.
48. Applicant shall submit a copy of the approved site plan to the Fire Departmen
showing access routes, driveways and general traffic circulation.
Carlsbad Municipal Water District Conditions:
49. The entire potable and non-potable water systemlsystems for subject project shall b
evaluated in detail to ensure that adequate capacity, pressure and flow demands ca
be met.
50. Sequentially, the Developer's Engineer shall do the following:
a. Meet with the City Fire Marshal and establish the fire protectia
requirements. Also obtain G.P.M. demand for domestic and irrigation2
needs from appropriate parties.
b. Prepare a colored reclaimed water use area map and submit to the Plannin
Department for processing and approval.
c. Prior to the preparation of sewer, water and reclaimed water improvemer
plans, a meeting must be scheduled with the District Engineer for reviev
comment and approval of the preliminary system layouts and usages (i.e.
GI" - EDU)
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51. The developer will be responsible for all fees and deposits plus the major facilit
charge which will be collected at time of issuance of building permit. The Develope
shall pay a San Diego County Water Authority capacity charge which will b
collected at issuance of application for meter installation.
52. This project is approved upon the express condition that building permits will na
be issued for development of the subject property unless the water district servin
the development determines that adequate water and service is available at the tim
of application for such water service and sewer permits will continue to be availabl
until time of occupancy.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of th
Planning Commission of the City of Carlsbad, California, held on the 2nd day of Novembe:
1994, by the following vote, to wit:
l1 I1 AYES: Chairperson Savary, Commissioners Noble, Erwin, Chmpa
Nielsen, and Monroy.
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NOES: Commissioner Welshons.
ABSENT: None.
15 II ABSTAIN: None.
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" PEGGMMRY, Chairpersod CARLSBAD PLANNING COMMISSION
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22 ATTEST:
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26 II PLANNING DIRECTOR
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