HomeMy WebLinkAbout1997-08-06; Planning Commission; Resolution 4143.I.
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PLANNING COMMISSION RESOLUTION NO. 4143
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE
DEVELOPMENT PLAN AMENDMENT NO. SDP 90-05(C) TO
ALLOW THE CONSTRUCTION OF AN AUTOMATIC
GASOLINE STATION FOR COSTCO CUSTOMERS ON
PROPERTYGENERALLYLOCATED SOUTHOFPALOMAR
AIRPORT ROAD, BETWEEN ARMADA DRIVE AND PASEO
DEL NORTE IN LOCAL FACILITIES MANAGEMENT ZONE
5.
CASE NAME: PRICECOSTCO GASOLINE
CASE NO.: SDP 90-05(C)
WHEREAS, Costco Wholesale Inc., “Developer”, has filed a verified applic:
with the City of Carlsbad regarding property owned by Costco Wholesale Inc., ‘‘OW
described as
Parcel 2 of Parcel Map 17542, filed in the Office of the County
Recorder on June 27,1995, in the City of Carlsbad, County of
San Diego, State of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Develop1
Plan Amendment as shown on Exhibits “A” - “E” dated August 6,1997, on file in the Plan
Department, Site Development Plan Amendment SDP 90-05(C) as provided by Chapter 2
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 6th day of August 1997,;
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testim
and arguments, if any, of all persons desiring to be heard, said Commission considered all fac
relating to the Site Development Plan Amendment.
WHEREAS, on May 21, 1991, the City Council approved, SDP 90-05 - P
Club, as described and conditioned in Planning Commission Resolution No. 3209; and
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WHEREAS, on April 3, 1996, the Planning Commission approved, SDI
(B5(A) - Price Club Expansion, as described and conditioned in Planning Commi:
Resolution No. 3913;
WHEREAS, on March 19, 1997, the Planning Commission approved, SDI
05(B) - Price Club Property Adjustment, as described and conditioned in Plar
Commission Resolution No. 4605; and
WHEREAS, the proposed Site Development Plan Amendment, SDP 90-05(
PriceCostco Gasoline, adds the proposed development to the existing approvals and exh
without adjusting any previously approved conditions.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plan
Commission 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 Plann
Commission APPROVES Site Development Plan, SDP 90-05(C) based on
following findings and subject to the following conditions:
Findings:
1. That the requested use is properly related to the site, surroundings and environme:
settings, is consistent with the various elements and objectives of the General Plan, 7
not be detrimental to existing uses or to uses specifically permitted in the area in wl
the proposed use is to be located, and will not adversely impact the site, surrounding
traffic circulation, in that the proposed gas stations is located in the northeast cor
of the property so as to not produce any onsite parking or circulation impacts
ancillary to the regional commercial use of the Price Club, is adequately screei
from public views and does not produce excessive light.
2. That the site for the intended use is adequate in size and shape to accommodate the use
that the proposed gasoline islands, pump, canopy, fuel tanks, landscaping, autom;
controller and other safety devices can fit within the existing parking lot with
disrupting the existing internal circulation or diminishing parking below t
allowed by the Zoning Ordinance.
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3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to a
the requested use to existing or permitted future uses in the neighborhood wi
provided and maintained, in that the proposed gas station would be in the nort~
portion of the site to utilize the existing berm near Palomar Airport Road
screening, additional landscaping is conditioned to be added upon cal
completion if deemed necessary by the Planning Director, and the hour
operation are restricted to reduce nighttime and early morning lighting impaci
neighboring residential areas.
4. That the street systems serving the proposed use is adequate to properly handle all tr
generated by the proposed use, in that the proposed gasoline station will gene
approximately 1,280 average daily vehicle tips and the submitted traffic re
indicates that Palomar Airport Road can accommodate this traffic while
maintaining an acceptable level of service.
5. The Planning Commission finds that the project is in conformance with the Elemen
the City’s General Plan, based on the following:
a. Land Use - a gasoline station that is ancillary to the Price Costco warehou;
consistent with the land use designation of Regional Commercial and
proposed development includes landscaped parking areas and the us1
harmonious architecture between the Price Costco warehouse and gas sta
canopy;
b. Circulation - despite the reduction in parking supply, the proposed gas0
station project still provides safe, adequate and attractively landsca
parking areas;
c. Housing - in accordance with Program 4.1 of the Housing Element, the n
residential project is conditioned to declare that the City may determine 1
certain non-residential project may have to pay a linkage fee, in orde~
found consistent with the Housing Element of the General Plan;
d. Open Space and Conservation - the proposed overflow drainage system, P
alarm and automatic shut-off, and the existing NPDES elimination sys.
provides a buffer between the urban pollutants produced on site and
adjacent natural drainage area;
e. Public Safety - the proposed gasoline station will be constructed
accordance with the seismic design standards of the Uniform Building CI
and state building requirements;
f. Parks and Recreation - the payment of park-in-lieu fees for non-residen
development with LFMP Zone 5 provides for future park lands in the are&
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6. The project is consistent with the City-Wide Facilities and Improvements Plan
applicable local facilities management plan and all City public facilities policie::
ordinances since:
a. The project has been conditioned to ensure the building permits will not be is
for the project unless the District Engineer determines that sewer servil
available, and building cannot occur within the project unless sewer se
remains available, and the District Engineer is satisfied that the requiremen
the Public Facilities Element of the General Plan have been met insofar as
apply to sewer service for this project.
b. Park-in-lieu fees are required as a condition of approval.
c. All necessary ’public improvements have been provided or are require(
conditions of approval.
d. The Developer has agreed and is required by the inclusion of an approy
condition to pay a public facilities fee. Performance of that contract and pay!
of the fee will enable this body to find that public facilities will be avai
concurrent with need as required by the General Plan.
7. The project has been conditioned to pay any increase in public facility fee, or
construction tax, or development fees, and has agreed to abide by any additi
requirements established by a Local Facilities Management Plan prepared pursua1
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availabili
public facilities and will mitigate any cumulative impacts created by the project.
8. This project has been conditioned to comply with any requirement approved as part ol
Local Facilities Management Plan for Zone 5.
Conditions:
1. The Planning Commission does hereby APPROVES the Site Development
Amendment for the project entitled PriceCostco Gasoline (Exhibits “A” - “E” d
August 6, 1997 on file in the Planning Department and incorporated by this refere
subject to the conditions herein set forth). Staff is authorized and directed to make
require Developer to make, all corrections and modifications to the Site Developn
Plan Amendment documents, as necessary, to make them internally consistent anc
conformity with final action on the project. Development shall occur substantiall:
this approval, shall require an amendment to this approval.
I shown in the approved Exhibits. Any proposed development substantially different f
~
2. The Developer shall comply with all applicable provisions of federal, state, and 1
ordinances in effect at the time of building permit issuance.
3. The Developer shall provide the City with a reproducible 24” x 36”, mylar copy of
Site Plan as approved by the final decision making body. The Site Plan shall reflect I PC RES0 NO. 4143 -4-
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conditions of approval by the City. The Plan copy shall be submitted to the
Engineer and approved prior to building, grading, final map, or improvement
submittal, whichever occurs first.
4. Building permits will not be issued for development of the subject property unles
District Engineer determines that sewer facilities are available at the time of applic
for such sewer permits and will continue to be available until time of occupancy.
5. The Developer shall pay the public facilities fee adopted by the City Council on Jul:
1987, (amended July 2, 1991) and as amended from time to time, and any develop]
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Munil
Code or other ordinance adopted to implement a growth management system or Faci
and Improvement Plan and to fulfill the subdivider’s agreement to pay the pi
facilities fee dated April 14, 1997, a copy of which is on file with the City Clerk a:
incorporated by this reference. If the fees are not paid, this application will nc
consistent with the General Plan and approval for this project will be void.
6. This project shall comply with all conditions and mitigation measures which are reql
as part of the Zone 5 Local Facilities Management Plan and any amendments mac
that Plan prior to the issuance of building permits, including, but not limited to
payment of non-residential park in-lieu fees.
7. If any conditions for construction of any public improvements or facilities, or
payment of and fees in-lieu thereof, imposed by this approval or imposed by law on
project are challenged this approval shall be suspended as provided in Government C
Section 66020. If any such condition is determined to be invalid this approval shal
invalid unless the City Council determines that the project without the condition com]
with all requirements of law.
8. Approval of SDP 90-05(C) is granted subject to the approval of CUP 90-03(A) and (
97-05. SDP 90-05(C) is subject to all conditions contained in Planning Commis!
Resolutions No. 4144 and 4145 for CUP 90-03A) and CDP 97-05.
9. Approval of SDP 90-05(C) supplements the approvals of SDP 90-05, SDP 90-Of
and SDP 90-05(B). All conditions of approval of Planning Commission Resolut
No, 3209, 3913 and 4605, dated April 3, 1991, April 3, 1996 and March 19, I!
respectively, remain in full force and effect except as modified herein.
10. Trash receptacle areas shall be enclosed by a six-foot high masonry wall with g
pursuant to City standards. Location of said receptacles shall be approved by
Planning Director. Enclosure shall be of similar colors and/or materials to the projec
the satisfaction of the Planning Director.
1 1. An exterior lighting plan including parking areas shall be submitted for Planning Dire
approval. All lighting shall be designed to reflect downward and avoid any impacts
adjacent homes or property.
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12. No outdoor storage of materials shall occur onsite unless required by the Fire Chie
such instance a storage plan will be submitted for approval by the Fire Chief an
Planning Director.
13. The Developer shall prepare a detailed landscape and irrigation plan in conformance
the approved Preliminary Landscape Plan and the City’s Landscape Manual. The I
shall be submitted to and approval obtained from the Planning Director prior tc
approval of the final map, grading permit, or building permit, whichever occurs first.
Developer shall construct and install all landscaping as shown on the approved plans
maintain all landscaping in a healthy and thriving condition, free from weeds, trash
debris. Upon completion of the gas station canopy, the Planning Director mi
deemed necessary for visual aesthetics, require additional landscaping beyond
included in the plan, or the relocation of said landscaping.
14. The first submittal of detailed landscape and irrigation plans shall be accompanied b
project’s building, improvement, and grading plans.
15. The Developer shall submit and obtain Planning Director approval of a uniform
program for this development prior to occupancy of any building.
16. Building identification and/or addresses shall be placed on all new and existing build
so as to be plainly visible from the street or access road; color of identification ar
addresses shall contrast to their background color.
17. The Developer is aware that the City is preparing a non-residential housing impac
(linkage fee) consistent with Program 4.1 of the Housing Element. The applica
further aware that the City may determine that certain non-residential projects may :
to pay a linkage fee, in order to be found consistent with the Housing Element 0:
General Plan. If a linkage fee is established by City Council ordinance and/or resolu
and this project becomes subject to a linkage fee pursuant to said ordinance an
resolution, then the Developer, or hisiher/their successor(s) in interest shall pay
linkage fee. The linkage fee shall be paid at the time of issuance of building pen
except for projects involving a request for a non-residential planned development fa
existing development, in which case, the fee shall be paid on approval of the final I
parcel map or certificate of compliance, required to process the non-residential P
whichever pertains. If linkage fees are required for this project, and they are not paid,
project will not be consistent with the General Plan and approval for this project
become null and void.
18. Approval of SDP 90-05(C) is granted subject to the condition that the gas sta
will be attended by a Costco employee during at least 80% of the operating hour!
Engineering:
19. Prior to hauling dirt or construction materials to or from any proposed construction
within this project, the developer shall submit to and receive approval from the (
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Engineering for the proposed haul route. The developer shall comply with all condi
and requirements the City Engineer may impose with regards to the hauling operatio]
20. The developer shall pay all current fees and deposits required.
21. The development shall comply with the City’s requirements of the National Poll1
Discharge Elimination System (NPDES) permit. The developer shall provide
management practices as reference in the “California Storm Water Best Manage
Practices Handbook” to reduce surface pollutants to an acceptable level prior to disc1
to sensitive areas. Plans for such improvements shall be approved by the City Engi
Said plans shall include but not be limited to notifying prospective owners and tenar
the following:
a. All owners and tenants shall coordinate efforts to establish or work
established disposal programs to remove and properly dispose of toxic
hazardous waste products.
b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor
antifreeze, solvents, paints, paint thinners, wood preservatives, and other
fluids shall not be discharged into any street, public or private, or into storm (
or storm water conveyance systems. Use and disposal of pesticides, hgic
herbicides, insecticides, fertilizers and other such chemical treatments shall
Federal, State, County and City requirements as prescribed in their respe
containers.
e. Best Management Practices shall be used to eliminate or reduce surface pollul
when planning any changes to the landscaping and surface improvements.
22. The site plans of the building permit shall include design and specifications for
following:
a. The emergency alarmhhutoff system and drainage connection to the exis
oil filter/clarifyer on the south boundary of Price Club parking lot.
drainage connection shall incorporate the primary oil separator
petroleum alarm. A shutoff drainage connection and a capacity holding t
shall be included as par t of this design.
b. The reconstruction, redesign and resigning of the Price Club parking lot.
23. The structural section for the access aisles must be designed with a traffic index of 5
accordance with City Standards due to truck access through the parking area and/or a
with an ADT greater than 500. The structural pavement design of the aisle way sha
submitted together will required R-value soil test information and approved by the Cit
part of the building site plan review.
24. To the greatest extent possible, the delivery of fuel shall not be scheduled during
permitted hours of operation to reduce onsite congestion.
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25. The developer shall provide an acceptable means for maintaining the pr
drainage and emergency fuel shutoff (and alarm system) for this project prior t
issuance of building permits. The maintenance program and any arnendn
thereto shall be approved by the City Engineer.
Water District:
26. The entire potable water system, reclaimed water system and sewer system sha
evaluated in detail to ensure the adequate capacity, pressure and flow demands cs
met.
27. The developer shall be responsible for all fees, deposits and charges which wi-
collected before and/or at the time of issuance of the building permit. The San C
County Water Authority capacity charge will be collected at issuance of applicatiol
meter installation.
28. Sequentially, the developers engineer shall do the following:
a. Meet with the City Fire Marshal and establish the fire protection requirem
Also obtain a GPM demand for domestic and irrigations1 need fiom approl;
parties.
b. Prepare a colored reclaimed water area use map and submit to the Plan
Department for processing and approval.
c. Prior tot he preparation of sewer, water and reclaimed water improvement pla
meeting must be scheduled with the District Engineer for review, comment
approval of the preliminary system layouts and usages (i.e., GPM-EDU).
29. The project is approved on the expressed condition that building permits will no
issued for development of the subject property unless the water district serving
development determines that adequate water service and sewer facilities will continu
be available until time of occupancy.
General:
30. If any of the foregoing conditions fail to occur; or if they are, by their terms, tc
implemented and maintained over time, if any of such conditions fail to be
implemented and maintained according to their terms, the City shall have the righ
revoke or modify all approvals herein granted; deny or further condition issuance 0:
future building permits; deny, revoke or further condition all certificates of occup~
issued under the authority of approvals herein grated; institute and prosecute litigatio
compel their compliance with said conditions or seek damages for their violation.
vested rights are gained by Developer or a successor in interest by the City’s approm
this Site Development Plan Amendment.
...
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1 Code Reminders:
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31. The Developer shall pay a landscape plan check and inspections fee as require
PASSED, APPROVED AND ADOPTED at a regular meeting of the plar
5 Commission of the City of Carlsbad, California, held on the 6th day of August 1997, b
6 following vote, to wit:
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Section 20.08.050 of the Carlsbad Municipal Code.
AYES: Chairperson Nielsen, Commissioners Compas, Heineman, N(
Savary and Welshons
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NOES: Commissioner Monroy
ABSENT: None
ABSTAIN: None
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ROBERT NIELSEN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
W MICHAEL J. HOLZMMLER
Planning Director
1 PC RES0 NO. 4143 -9-