HomeMy WebLinkAbout1998-10-07; Planning Commission; Resolution 44053 0 0
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PLANNING COMMISSION RESOLUTION NO. 4405
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, ADDING NEW
CONDITIONS OF APPROVAL TO THE CONDITIONAL USE
PERMIT CUP 90-03(A) FOR THE EXISTING COSTCO
GASOLINE ON PROPERTY GENERALLY LOCATED SOUTH
OF PALOMAR AIRPORT ROAD, BETWEEN ARMADA
DRIVE AND PASEO DEL NORTE IN LOCAL FACILITIES
MANAGEMENT ZONE 5.
CASE NAME: COSTCO GASOLINE
CASE NO.: CUP 90-03(A)
WHEREAS, on October 21,1997, the City Council approved CUP 904
described and conditioned in City Council Resolution No. 97-648 and Planning Con
Resolution No. 4144, for a gasoline station on property owned by Costco Wholesale, “
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, the Planning Commission did, at a regular meeting on
day of January, 1998, recall said COSTCO GASOLINE, CUP 90-03(A) to be reco~
at a subsequent public hearing; and
WHEREAS, the Planning Commission did, on the 7th day of Octobe
hold a duly noticed public hearing as prescribed by law to consider said recalled Con
Use Permit CUP 90-03(A); and
WHEREAS, at said public hearing, upon hearing and considering all tt
and arguments, if any, of all persons desiring to be heard, said Commission considered a
relating to the CUP; and
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WHEREAS, upon considering all factors related to the CUP 90-03
Commission found that additional conditions of approval were necessary to adc
reduce or eliminate all substantial negative effects to the public health, safety and w
NOW, THEREFORE, BE IT HEREBY RESOLVED by the :
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 Con
APPROVES additional conditions for COSTCO GASOLINE, CUP 9
based on the following findings and subject to the following conditions:
Findings:
1. That the requested use is necessary or desirable for the development of the corn
essentially in harmony with the various elements and objectives of the General I
is not detrimental to existing uses specifically permitted in the zone in w
proposed use is located, in that the gas station is located in the northeast corm
site so as to not produce any onsite parking or circulation impacts, is ancillal
regional commercial use of the Costco warehouse, is adequately screenc
public views, does not produce excess light.
2. That the site for the intended use is adequate in size and shape to accommodate tl-
that the gasoline islands, pumps canopy, underground fuel tanks, land
automatic controller and other safety devices can still fit within the existing
the video monitor and fuel spillage alarms can be placed in a location wi
warehouse that allows for continual viewing.
3. That all the yards, setbacks, walls, fences, landscaping, and other features necc
adjust the requested use to existing or permitted future uses in the neighborhooc
provided and maintained, in that the location of the gas station allows utilizatic
existing berm near Palomar Airport Road for screening.
4. That the street system serving the proposed use is adequate to properly handle 2
generated by the proposed use, in that the gas station’s hours of operation and
of traffic generated do not adversely impact traffic on Palomar Airport Roa
the approximately 1,280 average daily trips generated by the gasoline statior
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all co
and modifications to the Conditional Use Permit documents necessary to m:
PC RES0 NO. 4405 -2-
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internally consistent and in conformity with final action on the project. Dev
shall occur substantially as shown in the approved Exhibits. Any proposed dev
different from this approval, shall require an amendment to this approval.
2. Approval of the additional conditions supplements the approvals of CU
CUP 90-03(A) and CUP 90-03(B). All conditions of approval of :
Commission Resolutions No. 3210, 4144 and 4209 remain in full force ar.
except as modified herein.
3. This Conditional Use Permit is granted for a period of three years and ten mc
from October 7, 1998 to August 6, 2002. This Conditional Use Permit
reviewed by the Planning Director on a yearly basis to determine if all conditio]
permit have been met and that the use does not have a Substantial negative
surrounding properties or the public health and welfare. If the Planning
determines that the use has such Substantial negative effects, the Planning Dire1
recommend that the Planning Commission, after providing the permittee the op
to be heard, add additional conditions to reduce or eliminate the substantial
effects. This permit may be revoked at any time after a public hearing, if it is fc
the use has a substantial detrimental effect on surrounding land uses and the
health and welfare, or the conditions imposed herein have not been met. This pel
be extended for a reasonable period of time not to exceed five (5) years up01
application of the permittee made no less than 90 days prior to the expiration d
Planning Commission may not grant such extension, unless it finds that ther
Substantial negative effects on surrounding land uses or the public’s health and
If a Substantial negative effect on surrounding land uses or the public’s health an(
is found, the extension shall be denied or granted with conditions which will elir
substantially reduce such effects. There is no limit to the number of exten:
Planning Commission may grant.
4. The Developer shall report, in writing, to the Planning Director within 30 d
address change from that which is shown on the conditional use permit applicatio
5. The gasoline station is for the exclusive use of Costco members. The gasolinc
must be controlled by a membership card-activated system that requires :
membership card to activate the pumps.
6. The gasoline station shall be attended by at least one Costco employee dl
hours of operation of the station. In addition, all operations of the gasolinc
shall be monitored through a video monitor in the warehouse, located so
continuously visible from an occupied work station.
7. To the greatest extent possible, the delivery of fuel shall not be coincident 1
permitted hours of operation. In no case shall delivery of gasoline be timed
cause backup of gasoline station traffic into the circulation aisles for other
the adjacent public rights-of-way.
PC RES0 NO. 4405 -3 -
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8. The hours of operation of the gasoline station are restricted to the hours of
to 1O:OO pm. Any request to change operating hours would necesz
amendment to this Conditional Use Permit and must prove that the new
operation will not adversely affect traffic circulation on Palomar Airport
the satisfaction of the City Engineer and Planning Director.
Engineering:
9. The applicant shall pay the full traffic impact fee required for this use. The
be based upon current traffic generation rates as identified in SANDAG Ge
for a gasoline facility similar to this use. Credit shall be given for traffic im
already paid as part of the previous application.
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for conve
“feedexactions.”
You have 90 days from October 7, 1998, to protest imposition of these fees/exaction:
protest them, you must follow the protest procedure set forth in Government Code
66020(a), and file the protest and any other required information with the City Mar
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure 1
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 1
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 be
a NOTICE similar to this, or as to which the statute of limitations has previously o
expired.
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PC RES0 NO. 4405 -4-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 7th day of October, 195
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Monroy,
and Savary
NOES:
ABSENT: Cor. missioners Heineman and Welshons
ABSTAIN:
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, $gab j *::3 >;: '?,. ,,, "+ ".4 .&>&.&? ,r. 2 i, w tJ. - hr;. I y'-d*,"' -<23 .., . .. ,.Z',
BAILEY NOBLE, Chairperson
CARLSBAD FLANNING COMMISSION
ATTEST:
:?"I
Planning Director
PC RES0 NO. 4405 -5-