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Home My WebLink About1997-08-06; Planning Commission; Resolution 4144+- e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 4144 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAIUSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW THE CONSTRUCTION AND OPERATION OF AN AUTOMATIC GASOLINE STATION FOR COSTCO MEMBERS ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF PALOMAR AIRPORT ROAD, BETWEEN ARMADA DRIVE AND PASEO DEL NORTE IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: PRICECOSTCO GASOLINE CASE NO. : CUP 90-03(A) WHEREAS, Costco Wholesale, Inc., “Developer”, has filed a ve application with the City of Carlsbad regarding property owned by Costco Wholesale, “Owner”, 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 Conditiona Permit Amendment as shown on Exhibits “A” - “E“ dated August 6, 1997, on file il Carlsbad Planning Department Conditional Use Permit Amendment CUP 90-03(A provided by the conditions of approval of CUP 90-03 and Chapter 21.42 of the Car. 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 testir and arguments, if any, of all persons desiring to be heard, said Commission considered all fa relating to CUP 90-03(A). 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 WHEREAS, on May 21, 1991, the City Council approved CUP 90-0: described and conditioned in Planning Commission Resolution No. 3210. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plar 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 Commiz APPROVES the Conditional Use Permit Amendment CUP 90-03(A), base the following findings and subject to the following conditions: Findings: 1. That the requested use is necessary or desirable for the development of the communit essentially in harmony with the various elements and objectives of the General Plan, is not detrimental to existing uses specifically permitted in the zone in which proposed use is located, in that the proposed gas station is located in the north corner of the property so as to not produce any onsite parking or circula impacts, is ancillary to the regional commercial use of the Price Club, is adequa screened 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 us( that the proposed gasoline islands, pump, canopy, fuel tanks, landscaping, autorn controller and other safety devices can fit within the existing parking lot with disrupting the existing internal circulation or diminishing parking below 1 allowed by the Zoning Ordinance. 3. That all the yards, setbacks, walls, fences, landscaping, and other features necessq adjust the requested use to existing or permitted future uses in the neighborhood wil provided and maintained, in that the proposed gas station would be in the north portion of the site to utilize the existing berm near Palomar Airport Road screening, additional landscaping is conditioned to be added upon can completion if deemed necessary by the Planning Director, and the hours operation are restricted to reduce nighttime and early morning lighting impacts neighboring residential areas. 4. That the street system serving the proposed use is adequate to properly handle all tra generated by the proposed use, in that the proposed gasoline station will gene1 approximately 1,280 average daily vehicle trips and the submitted traffic reF indicates that Palomar Airport Road can accommodate this traffic while I maintaining an acceptable level of service. , ~ I I PC RES0 NO. 4144 -2- 0 0 4 fi 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Conditions: 1. The Planning Commission does hereby APPROVES the Conditional Use Pt Amendment for the project entitled PriceCostco Gasoline (Exhibits “A” - “E“ c August 6, 1997 on file in the Planning Department and incorporated by this refer( subject to the conditions herein set forth.) Staff is authorized and directed to mak require Developer to make, all corrections and modifications to the Conditional Permit Amendment documents, as necessary, to make them internally consistent af conformity with final action on the project. Development shall occur substantial: shown in the approved Exhibits. Any proposed development substantially different 1 this approval, shall require an amendment to this approval. 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. Approval of CUP 90-03(A) is granted subject to the approval of SDP 90-05(C) and 4 97-05. CUP 90-03CA) is subject to all conditions contained in Planning Commis: Resolutions No. 4143 and 4145 for SDP 90-05(C) and CDP 97-05. 4. This Conditional Use Permit is granted for a period of five (5) years from Augus 1997 to August 6,2002. This Conditional Use Permit shall be reviewed by the Plam Director on a yearly basis to determine if all conditions of this permit have been met that the use does not have a substantial negative effect on surrounding properties 01 public health and welfare. If the Planning Director determines that the use has s substantial negative effects, the Planning Director shall recommend that the Plam Commission, after providing the permittee the opportunity to be heard, add additic conditions to reduce or eliminate the substantial negative effects. This permit maJ revoked at any time after a public hearing, if it is found that the use has a substar detrimental effect on surrounding land uses and the public’s health and welfare, or conditions imposed herein have not been met. This permit may be extended fc reasonable period of time not to exceed five (5) years upon written application of permittee made no less than 90 days prior to the expiration date. The Plm Commission may not grant such extension, unless it finds that there are no substar negative effects on surrounding land uses or the public’s health and welfare. 1 substantial negative effect on surrounding land uses or the public’s health and welfar found, the extension shall be denied or granted with conditions which will eliminatc substantially reduce such effects. There is no limit to the number of extensions Planning Commission may grant. 5. Approval of CUP 90-03(A) supplements the approval of CUP 90-03. All conditil of approval of Planning Commission Resolution No. 3210, dated April 3, 19 remain in full force and effect, except as modified herein. ... ... ~ PC RES0 NO. 4 144 -3 - i v i , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I 0 * I ~ PASSED, APPROVED AND ADOPTED at a regular meeting of the Plar Commission of the City of Carlsbad, California, held on the 6th day of August 1997, b following vote, to wit: AYES: Chairperson Nielsen, Commissioners Compas, Heineman, N Savary and Welshons NOES: Commissioner Monroy ABSENT: None ABSTAIN: None . .. _.. . _..-- '9 _.a* . ,.- ,/ ./' ,I ," I ,b / .** /+g~-- ,.,, +,/- 9 x 98 2 ~b"&&...--- "~-,~~%~~~~~~~~-..~.. __ "."-:&2<* ,$ ,/ .. : - ROBERT NIELSEN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: L v MICHAEL J. HOLZMELER Planning Director PC RES0 NO. 4144 -4-