HomeMy WebLinkAbout1998-08-05; Planning Commission; Resolution 4336* 0
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PLANNING COMMISSION RESOLUTION NO. 4336
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW THE CHEVRON
SERVICE STATION ON PROPERTY GENERALLY LOCATED
AT 970 TAMARACK AVENUE IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: CHEVRON SERVICE STATION
CASE NO.: CUP 98-03
WHEREAS, Chevron Products Company, “Developer”, has filed a
application with the City of Carlsbad regarding property owned by Chevron P
Company, “Owner”, described as:
Parcel 1 Parcel Map No. 207, in the City of Carlsbad, County of Sa:
Diego, State of California, filed in the office of the County Recorder o
San Diego County, February 20, 1970 as File No. 31911 of officia
records.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditic
Permit as shown on Exhibit(s) “A” - “F” dated August 5,1998, on file in the Carlsbad I:
Department, CHEVRON SERVICE STATION, CUP 98-03 as provided by Chaptc
and/or 21.50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 5th day of August, 191
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all te:
and arguments, if any, of all persons desiring to be heard, said Commission considered al:
relating to the CUP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the P
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 COI
APPROVES CHEVRON SERVICE STATION, CUP 98-03 basel
following findings and subject to the following conditions:
Findinm:
1. The project is consistent with the City-Wide Facilities and Improvements 1
applicable local facilities management plan and all City public facility polj
ordinances since:
a. The project has been conditioned to ensure the building permits will not
for the project unless the District Engineer determines that sewer s
available, and building cannot occur within the project unless sewel
remains available, and the District Engineer is satisfied that the require:
the Public Facilities Element of the General Plan have been met insofz
apply to sewer service for this project
b. All necessary public improvements have been provided or are req
conditions of approval.
2. This project has been conditioned to comply with any requirement approved as p,
Local Facilities Management Plan for Zone 1.
3. That the requested use is a) necessary or desirable for the development of the con
b) essentially in harmony with the various elements and objectives of the Gene:
and c) is not detrimental to existing uses specifically permitted in the zone in w
proposed use is located, in that:
a. The requested use is necessary and desirable for the developmenl
community since the automobile-related services are proposed as p
freeway service facility providing necessary services to the traveling p1
b. The project is in harmony with the various elements of the Gener
since the underlying Travel-Recreation designation ensures that com
service uses accessible to interregional traffic will serve the traveling
and
c. The project is not detrimental to existing uses or uses specifically pe
in the zone since the site has been occupied by an existing service sta
many years with little negative impact on existing uses surrounding I
the new site design provides adequate traffic circulation, the PI
architectural style is consistent and compatible with surra ,
PC RES0 NO. 4336
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development, and visual impacts to surrounding uses have been
through additional landscaping, and limited lighting and signage.
4. That the site for the intended use is adequate in size and shape to accommodatl
by ensuring a site design which provides through-circulation and avoids 1
conflicts from waiting cars thereby enabling the smooth flow of traffic thrc
site. Adequate parking is provided in proximity to the retail area and la
planters and masonry walls in accordance with City standards would be pro
5. That all the yards, setbacks, walls, fences, landscaping, and other features nec
adjust the requested use to existing or permitted future uses in the neighborhoo
provided and maintained, in that design features include compatible arch
perimeter and interior landscaping in 6’ wide planters, a 6’ masonry wall sei
the use from the R-1 zone, parking and signage in accordance with City str
adequate queuing areas, and through circulation allowing direct ac
interregional traffic.
6. That the street system serving the proposed use is adequate to properly handle 2
generated by the proposed use, in that the street system serving the project c
operates at acceptable levels and the project would only generate an additic
trips per day beyond those generated by the existing service station.
7. That it is to be developed as part of a freeway-service facility, containing a mini
two freeway oriented uses, in that the project is located within an existing
service facility occupied by a restaurant and service station, and the propc
station and food mart would replace the existing service station.
8. The Planning Commission has reviewed each of the exactions imposed on the Dc
contained in this resolution, and hereby finds, in this case, that the exactions are i
to mitigate impacts caused by or reasonably related to the project, and the extent
degree of the exaction is in rough proportionality to the impact caused by the projt
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all cor
and modifications to the Conditional Use Permit document(s) necessary to mal
internally consistent and in conformity with final action on the project. Devel
shall occur substantially as shown in the approved Exhibits. Any proposed devel
different from this approval, shall require an amendment to this approval.
2. This Conditional Use Permit is granted for a period of ten (10) years. This Con
Use Permit shall be reviewed by the Planning Director on a yearly basis to detel
all conditions of this permit have been met and that the use does not have a SUI
negative effect on surrounding properties or the public health and welfare.
Planning Director determines that the use has such substantial negative effel
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PC RES0 NO. 4336
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Planning Director shall recommend that the Planning Commission, after prov
permittee the opportunity to be heard, add additional conditions to reduce or elin
substantial negative effects. This permit may be revoked at any time after
hearing, if it is found that the use has a substantial detrimental effect on surroun
uses and the public’s health and welfare, or the conditions imposed herein have
met. This permit may be extended for a reasonable period of time not to exceed
years upon written application of the permittee made no less than 90 days pri
expiration date. The Planning Commission may not grant such extension, unles
that there are no substantial negative effects on surrounding land uses or the
health and welfare. If a substantial negative effect on surrounding land us(
public’s health and welfare is found, the extension shall be denied or grar
conditions which will eliminate or substantially reduce such effects. There is nc
the number of extensions the Planning Commission may grant.
3. The Developer shall report, in writing, to the Planning Director within 30 d
address change fi-om that which is shown on the conditional use permit applicatio
4. The Developer shall comply with all applicable provisions of federal, state, E
ordinances in effect at the time of building permit issuance.
5. The Developer shall provide the City with a reproducible 24” x 36”, mylar COJ
site plan as approved by the final decision making body. The site plan shall rc
conditions of approval by the City. The site plan copy shall be submitted to
Engineer and approved prior to building, grading, final map, or improvemc
submittal, whichever occurs first.
6. The Developer shall include, as part of the plans submitted for any permit plan
reduced legible version of the approving resolution on a 24” x 36” blueline (
Said blueline drawing(s) shall also include a copy of any applicable Coastal Deve
Permit and signed approved site plan.
7. This project shall comply with all conditions and mitigation measures which are
as part of the Zone 1 Local Facilities Management Plan and any amendments
that Plan prior to the issuance of building permits.
8. The Developer shall provide proof of payment of statutory school fees to
conditions of overcrowding as part of the building permit application. The an
these fees shall be determined by the fee schedule in effect at the time of buildin:
application.
9. Prior to the issuance of a grading permit or building permit, whichever occu
Developer shall submit to the City a Notice of Restriction to be filed in the offic
County Recorder, subject to the satisfaction of the Planning Director, notif:
interested parties and successors in interest that the City of Carlsbad has i
conditional use permit, Resolution No. 4336 on the real property owned
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Developer. Said Notice of Restriction shall note the property description, locati
file containing complete project details and all conditions of approval as we
conditions or restrictions specified for inclusion in the Notice of Restrictic
Planning Director has the authority to execute and record an amendment to t:
which modifies or terminates said notice upon a showing of good cause by the L
or successor in interest.
10. An exterior lighting plan shall be submitted for Planning Director approval. All
shall be designed to reflect downward and avoid any impacts on adjacent k
property.
11. No outdoor storage or display of materials or merchandise shall occur onsi
required by the Fire Chief. In such instance a storage plan will be submitted for
by the Fire Chief and the Planning Director.
12. The Developer shall prepare a detailed landscape and irrigation plan in conforma
the approved Preliminary Landscape Plan and the City’s Landscape Manual. T
shall be submitted to and approval obtained from the Planning Director pric
approval of the final map, grading permit, or building permit, whichever occurs fi
Developer shall construct and install all landscaping as shown on the approved p:
maintain all landscaping in a healthy and thriving condition, free from weeds, t~
debris. The planter proposed along the western property line shall be a mini
6’ in width.
13. The first submittal of detailed landscape and irrigation plans shall be accompanie
project’s building, improvement, and grading plans.
14. The Developer shall submit and obtain Planning Director approval of a sign pd
accordance with the approved sign program for this development prior to oc
of any building. All window type advertisement signs shall be prohibited.
15. Building identification and/or addresses shall be .placed on all new and existing E
so as to be plainly visible fi-om the street or access road; color of identificatior
addresses shall contrast to their background color.
16. Trash receptacle areas shall be enclosed by a six-foot high masonry wall wi
pursuant to City standards. Location of said receptacles shall be approved
Planning Director, Enclosure shall be of similar colors and/or materials to the PI
the satisfaction of the Planning Director.
17. Prior to the issuance of a building permit, the applicant shall provide eviden
the San Diego County Department of Health (Environmental Health Agenc
the Air Pollution Control District that the necessary permits have been iss
the removal of the existing onsite fuel storage tanks in accordance with the r(
guidelines for soil remediation and/or hauling of contaminated soils.
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18. Prior to the issuance of a demolition permit or building permit, whichevc
first, the Developer shall receive approval of a Coastal Development Permit issl
California Coastal Commission or its successor in interest, that substantially co
this approval. A signed copy of the Coastal Development Permit must be SUI
the Planning Director. If the approval is substantially different, an amendmen
98-03 shall be required.
19. The applicant shall install a red curb along the eastern property line prc
parking at that location.
Engineering;:
20. Prior to issuance of a building permit, the owner of the subject property shal
an agreement holding the City harmless regarding drainage across the adjacent p
2 1. The developer shall exercise special care during the construction phase of this :
prevent offsite siltation. Planting and erosion control shall be provided in ac
with the Carlsbad Municipal Code and the City Engineer.
22. Prior to issuance of any building permit, the developer shall comply
requirements of the City's anti-graffiti program for wall treatments if and whc
program is formerly established by the City.
23. The developer shall pay all current fees and deposits required.
24. Prior to hauling dirt or construction materials to or from any proposed constru,
within this project, the developer shall submit to and receive approval from
Engineer for the proposed haul route. The developer shall comply with all condi
requirements the City Engineer may impose with regards to the hauling operatior
25. Prior to approval of any grading or building permits for this project, the owner s
written consent to the annexation of the area shown within the boundarie
subdivision plan into the existing City of Carlsbad Street Lighting and Lan
District No. 1 on a form provided by the City.
26. Prior to the issuance of a grading permit or building permit, whichever occurs
developer shall submit proof that a Notice of Intention has been submitted to
Water Resources Control Board.
27. The developer shall comply with the City's requirements of the National J
Discharge Elimination System (NPDES) permit. The developer shall pro\
management practices as referenced in the "California Storm Water Best Man
Practices Handbook" to reduce surface pollutants to an acceptable level prior to c
to sensitive areas. Plans for such improvements shall be approved by the City I
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Said plans shall include but not be limited to notifying prospective owners and 1
the following:
a. All owners and tenants shall coordinate efforts to establish or ‘u
established disposal programs to remove and properly dispose of t
hazardous waste products;
b. Toxic chemicals or hydrocarbon compounds such as gasoline, m
antifreeze, solvents, paints, paint thinners, wood preservatives, and o
fluids shall not be discharged into any street, public or private, or into st(
or storm water conveyance systems. Use and disposal of pesticides, fL
herbicides, insecticides, fertilizers and other such chemical treatments s
Federal, State, County and City requirements as prescribed in their r
containers; and
c. Best Management Practices shall be used to eliminate or reduce surface 1
when planning any changes to the landscaping and surface improvements
28. Prior to occupancy of any buildings, the developer shall install wheelchair ram
public street corners abutting the project site in conformance with City of
Standards.
29. The structural section for the access aisles must be designed with a traffic index
accordance with City Standards due to truck access through the parking area and,
with an ADT greater than 500. The structural pavement design of the aisle ways
submitted together with required R-value soil test information and approved by
as part of the building site plan review.
Special Storm Water Condition:
30. The property owner shall comply with the provisions and procedures outlinr
“Water Quality Management Plan” dated March 30, 1998 prepared by R
Said document shall remain onsite at all times and be available for inspectir
request by federal, state and local agencies as required per the National P
Discharge Elimination System (NPDES) guidelines. Special consideration ar
should be applied to employee education on the proper procedures for 1
handling and spill response techniques.
Water:
~ 31. The Developer shall be responsible for all fees, deposits and charges which
collected before and/or at the time of issuance of the building permit. The Sa
County Water Authority capacity charge will be collected at issuance of applic;
any meter installation.
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32. The Developer shall provide detailed information to the District Engineer regard
demand, irrigation demand, fire flow demand in gallons per minute, and projec
flow in million gallons per day.
33. The entire potable water system, recycled water system and sewer system
evaluated in detail by Developer and District Engineer to insure that adequate
pressure and flow demands can be met.
34. All District pipelines, pump stations, pressure reducing stations and appu
required for this project by the District shall be within public right-of-way i
easements granted to the District or the City of Carlsbad.
35. Sequentially, the Developer’s Engineer shall do the following:
a. Meet with the City Fire Marshal and establish the fire protection requirerr
b. Prepare and submit a colored recycled water use area map and submit tk
the Planning Department for processing and approval by the District 1
and
c. Prior to the preparation of sewer and recycled water improvement 1:
Developer shall submit preliminary system layouts to the District Eng
review, comment and approval.
36. All potable water and recycled water meters shall be placed within public right 01
Fire:
37. Prior to issuance of building permits, the Fire Department shall evaluate buildi
for conformance with applicable fire and life safety requirement of the state and 1
Codes.
General Condition:
38. If any of the foregoing conditions fail to occur; or if they are, by their tern
implemented and maintained over time, if any of such conditions fail tc
implemented and maintained according to their terms, the City shall have the
revoke or modify all approvals herein granted; deny or further condition issuar
future building permits; deny, revoke or further condition all certificates of o(
issued under the authority of approvals herein granted; institute and prosecute liti
compel their compliance with said conditions or seek damages for their violat
vested rights are gained by Developer or a successor in interest by the City’s apy
this site plan.
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Code Reminders
Note: The project is subject to all applicable provisions of local ordinances, includin
limited to the following code requirements.
39. This approval shall become null and void if building permits are not issued
project within 18 months from the date of project approval.
40. The developer shall exercise special care during the construction phase of this I
prevent off-site siltation. Planting and erosion control shall be provided in ac
with the Carlsbad Municipal Code and the City Engineer.
41. Approval of this request shall not excuse compliance with all applicable sectio
Zoning Ordinance and all other applicable City ordinances in effect at time of
permit issuance, except as otherwise specifically provided herein.
42. The project shall comply with the latest non-residential disabled access reqL
pursuant to Title 24 of the State Building Code.
43. All roof appurtenances, including air conditioners, shall be architecturally integr
concealed from view and the sound buffered from adjacent properties and st
substance as provided in Building Department Policy No. 80-6, to the satisfactic
Directors of Community Development and Planning.
44. All landscape and irrigation plans shall be prepared to conform with the L:
Manual and submitted per the landscape plan check procedures on file in the :
Department.
45. Any signs proposed for this development shall at a minimum be designed in con5
with the City’s Sign Ordinance and shall require review and approval of the 1
Director prior to installation of such signs.
46. The Developer shall pay a landscape plan check and inspection fee as required by
20.08.050 of the Carlsbad Municipal Code.
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for conven
“fees/exactions.”
You have 90 days from August 5, 1998, to protest imposition of these feedexactions.
protest them, you must follow the protest procedure set forth in Government Code
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66020(a), and file the protest and any other required information with the City Ma
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure
follow that procedure will bar any subsequent legal action to attack, review, set aside
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor
zoning, grading or other similar application processing or service fees in connection
project; NOR DOES IT APPLY to any feedexactions of which you have previously bt
a NOTICE similar to this, or as to which the statute of limitations has previously t
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 5th day of August, 19!
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, I'
Savary, and Welshons
NOES:
ABSENT: Commissioner Monroy
ABSTAIN:
'"i si
BAILEY NOBch, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
t
MICHAEL J. HOLMILLKR
Planning Director
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