HomeMy WebLinkAbout2000-03-15; Planning Commission; Resolution 4738L 8 0
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PLANNING COMMISSION RESOLUTION NO. 4738
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
DEVELOPMENT PLAN AMENDMENT TO ALLOW A
SERVICE STATION, CAR WASH AND FOOD MART ON
PROPERTY GENERALLY LOCATED AT THE NORTHEAST
SIDE OF AVENIDA ENCINAS, SOUTH OF POINSETTIA
LANE IN LOCAL FACILITIES MANAGEMENT ZONE 9.
CASE NAME: CHEVRON POINSETTIA VILLAGE
CASE NO.: SDP 82-03(B)
WHEREAS, K. B. Narain, “Developer”, has filed a verified application with t
City of Carlsbad regarding property owned by Donahue Schriber Realty Group, L. P. a1
Poinsettia Associates, “Owners”, described as
Parcel 11 of Parcel Map No. 15187, in the City of Carlsbad,
County of San Diego, State of California, filed in the Office of the
County Recorder of San Diego County, March 28, 1988,
Recorder’s File No. 88-140044
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Developme
Plan Amendment as shown on Exhibits “A” - “L” dated March 15, 2000, on file in f
Planning Department, CHEVRON POINSETTIA VILLAGE - SDP 82-03@) as provided 1
Chapter 21.06/Section 21.53.120 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of March, 2000, hc
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimor
and arguments, if any, of all persons desiring to be heard, said Commission considered all facto
relating to the Site Development Plan Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannil
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Plannir
Commission APPROVES CHEVRON POINSETTIA VILLAGE - SDP 8:
03(B) based on the following findings and subject to the following conditions:
FindinPs:
1. That the requested use is properly related to the site, surroundings and environmen
settings, is consistent with the various elements and objectives of the General Plan, v
not be detrimental to existing uses or to uses specifically permitted in the area in whl
the proposed use is to be located, and will not adversely impact the site, surroundings
traffic circulation, in that:
A. The requested use is necessary and desirable for the development of 1
community in that the automobile-related services are proposed as part o
community shopping center which provides necessary services to 1
surrounding community.
B. The project is in harmony with various elements of the General Plan in tl
the underlying Travel-Recreation /Commercial (T-WC) land use designati
ensures that commercial service uses will be accessible to both 1
surrounding community and the traveling public.
C. The project is not detrimental to existing uses or to uses specifica
permitted in the area in that the architectural style is compatible with 1
existing shopping center; noise impacts have been mitigated through the 1
of a sound wall; visual impacts have been reduced through landscaping a
screen walls; and the hours of operation for the car wash and fuel delivt
have been restricted through the conditional use permit to minimize 1
impact of the project on both the existing surrounding uses and 1
anticipated uses on the adjacent vacant pads.
D. The project will not adversely impact the traffic circulation in that the I
station was previously evaluated in a traffic study for the Poinsettia Vill;
Shopping Center - SDP 82-03(A) and the addition of the car wash and fa
mart will generate an additional 300 ADT which will not impact the levels
service of the surrounding roadways and key intersections to
unacceptable level. No additional roadway improvements are necessary.
2. That the site for the intended use is adequate in size and shape to accommodate the use
that the proposed structures have been located outside of the sight distal
easement; the internal circulation has been designed to adequately accommodate '
turning movement of fueling trucks and vehicles; an adequate stacking lane 1
been provided for the car wash; parking spaces have been provided in cll
proximity to the retail area; and all necessary landscaped setbacks, circulat:
aisles, and parking areas have been provided.
3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adj
the requested use to existing or permitted hture uses in the neighborhood will
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provided and maintained, in that all setbacks required by the C-2 zone a
CommerciaWisitor Serving Overlay Zone have been provided; screen walls ha
been provided along Avenida Encinas to partially obscure vehicles; a noise wall h
been integrated into the design of the car wash to mitigate any potential no
impacts; and the architectural design has been designed to complement the existi
shopping center.
4. That the street systems serving the proposed use are adequate to properly handle
traffic generated by the proposed use, in that the traffic impacts of the proposed 5
station have been previously evaluated in a traffic study for the Poinsettia Villa
Shopping Center and the addition of the car wash and food mart will generate
additional 300 ADT, for a project total of 1,860 ADT, which will not impact 1
levels of service of the surrounding roadways and key intersections to
unacceptable level.
5. The Planning Commission finds that the project, as conditioned herein, is
conformance with the Elements of the City’s General Plan based on the facts set forth
the staff report dated March 15,2000 including, but not limited to the following:
A. Land Use - the project is consistent with the (T-FUC) Trav
RecreationKomrnercial General Plan Designation in that the project is
commercial service use, consisting of a gas station, car wash, and food ma
which will provide a needed service for both the surrounding community a
the traveling public.
B. Circulation - the levels of service of adjacent roadways directly serving 1
project will not be reduced to unacceptable levels by the traffic generated
the proposed gas station, car wash, and food mart. No roadw
improvements are necessary or required.
C. Noise - sound-attenuation measures will be incorporated into the project
ensure that the residential interior noise levels in the adjacent mobile hol
park do not exceed the City’s 45 dBA CNEL noise standard and exterj
noise levels shall not exceed the City’s 55 dBA CNEL noise standard.
D. Public Safety - the project is conditioned to obtain all necessary permits frc
the regulatory agencies, including the Air Pollution Control District (APC
and the County Health Department.
6. The project is consistent with the City-Wide Facilities and Improvements Plan, the Lo
Facilities Management Plan for Zone 9 and all City public facility policies 2
ordinances. The project includes elements or has been conditioned to construct
provide funding to ensure that all facilities and improvements regarding: sewer collect
and treatment; water; drainage; circulation; fire; schools; parks and other recreatio
facilities; libraries; government administrative facilities; and open space, related to
project will be installed to serve new development prior to or concurrent with ne
Specifically,
A. The project has been conditioned to provide proof from the Carlsbad Unif
School District that the project has satisfied its obligation for school facilities.
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B. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, 2
C. The Public Facility fee is required to be paid by Council Policy No. 17 and will
will be collected prior to issuance of building permit.
collected prior to the issuance of building permit.
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7. That the project is consistent with the City’s Landscape Manual (Carlsbad Munici
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Code Section 14.28.020 and Landscape Manual Section I B).
8. That this project could have a potentially significant negative cumulative tra:
impact on the Palomar Airport Road/El Camino Real intersection. However, t
thereby guaranteeing implementation of a mitigation measure that reduces 7 project has been conditioned to pay its fair share of the “short-term improvemenl
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to mitigate impacts caused by or reasonably related to the project, and the extent and ’
9. The Planning Commission has reviewed each of the exactions imposed on the Develo] 9
potential impact to a level of insignificance.
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degree of the exaction is in rough proportionality to the impact caused by the project. 11
contained in this resolution, and hereby finds, in this case, that the exactions are impo:
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building permit. 14
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance o l3
Conditions:
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1. If any of the following conditions fail to occur; or if they are, by their terms, to
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 right
revoke or modify all approvals herein granted; deny or further condition issuance of
future building permits; deny, revoke or further condition all certificates of occupar
issued under the authority of approvals herein granted; institute and prosecute litigatior
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 approval
this Site Development Plan Amendment.
21 2. Staff is authorized and directed to make, or require the Developer to make, all correctic
and modifications to the Site Development Plan Amendment documents, as necess;
Development shall occur substantially as shown on the approved Exhibits. Any propo!
23 development different fi-om this approval, shall require an amendment to this approval.
22 to make them internally consistent and in conformity with the final action on the projc
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3. Developer shall comply with all applicable provisions of federal, state, and lo
ordinances in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the paym
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Proj
are challenged, this approval shall be suspended as provided in Government Code Sect
66020. If any such condition is determined to be invalid this approval shall be invz
unless the City Council determines that the project without the condition complies N
all requirements of law. 11 PC RES0 NO. 4738 -4-
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5. Developer shall implement, or cause the implementation of the Chevron Poinset
Village Project Mitigation Monitoring and Reporting Program.
6. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hc
harmless the City of Carlsbad, its Council members, officers, employees, agents, a
representatives, from and against any and all liabilities, losses, damages, demands, clai
and costs, including court costs and attorney’s fees incurred by the City arising, direc
or indirectly, from: (a) City’s approval and issuance of this Site Development PI
Amendment, Conditional Use Permit and Coastal Development Permit; and,
City’s approval or issuance of any permit or action, whether discretionary or nc
discretionary, in connection with the use contemplated herein.
7. Developer shall submit to the Planning Director a reproducible 24” x 36”, mylar cc
of the Chevron Site Plan and the amended Poinsettia Village Shopping Center S
Plan reflecting the conditions approved by the final decision making body.
8. Developer shall include, as part of the plans submitted for any permit plan check
reduced legible version of all approving resolutions in a 24” x 36” blueline drawl
format (including any applicable Coastal Commission approvals).
9. Developer shall provide proof to the Director fi-om the School District that this proj
has satisfied its obligation to provide school facilities.
10. This project shall comply with all conditions and mitigation measures which are requi:
as part of the Zone 9 Local Facilities Management Plan and any amendments made
that Plan prior to the issuance of building permits.
11. This approval shall supersede and replace all approvals and conditions
Resolution No. 2542 (SDP 82-03(A)).
12. This Site Development Plan (SDP 82-03(B)) is subject to all of the conditions
approval for CT 81-6(B) contained in Resolution No. 2541 with the exception
Condition #21 in regard to Pad #5. Pad #5 may be utilized for a 12-pump gasol
station, food mart and car wash as shown on exhibits “A” - “L”. Service bays 1
specifically prohibited as part of this approval.
13. This approval is granted subject to the approval of the Mitigated Negative Declarati
Mitigation Monitoring and Reporting Program, CUP 99-15, and CDP 99-35 an(
subject to all conditions contained in Planning Commission Resolutions 4737, 47
4740 for those other approvals.
14. Building permits will not be issued for this project unless the local agency provid
water and sewer services to the project provides written certification to the City 1
adequate water service and sewer facilities, respectively, are available to the project at
time of the application for the building permit, and that water and sewer capacity i
facilities will continue to be available until the time of occupancy.
15. Developer shall obtain and maintain in good standing all licenses, permits,
approvals required by state law to operate as a gas station, car wash, and food ma
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HousinP (Non-Residential)
16. Developer is aware that the City is preparing a non-residential housing impact :
(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 may h
to pay a linkage fee, in order to be found consistent with the Housing Element of 1
General Plan. If a linkage fee is established by City Council ordinance and/or resolutj
and this project becomes subject to a linkage fee pursuant to said ordinance and
resolution, then the Developer, or his/her/their successor(s) in interest shall pay :
linkage fee. The linkage fee shall be paid at the time of issuance of building perm
except for projects involving a request for a non-residential planned development for
existing development, in which case, the fee shall be paid on approval of the final m
parcel map or certificate of compliance, required to process the non-residential PL
whichever pertains. If linkage fees are required for this project, and they are not paid, t
project will not be consistent with the General Plan and approval for this project v
become null and void.
Landscape
17. Developer shall submit and obtain Planning Director approval of a Final Landscape s
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan s
the City’s Landscape Manual. The Developer shall construct and install all landscap]
as shown on the approved Final Plans, and maintain all landscaping in a healthy s
thriving condition, free from weeds, trash, and debris.
18. The first submittal of Final Landscape and Imgation Plans shall be pursuant to
landscape plan check process on file in the Planning Department and accompanied by
project’s building, improvement, and grading plans.
Notice
19. Developer shall report, in writing, to the Planning Director within 30 days, any addr
change from that which is shown on the permit application.
20. Developer shall submit to the City a Notice of Restriction to be filed in the office of
County Recorder, subject to the satisfaction of the Planning Director, notifying
interested parties and successors in interest that the City of Carlsbad has issued a S
Development Plan, Conditional Use Permit, and Coastal Development Permit
Resolutions No. 4738, 4739, 4740 on the real property owned by the Developer. S
Notice of Restriction shall note the property description, location of the file contain
complete project details and all conditions of approval as well as any conditions
restrictions specified for inclusion in the Notice of Restriction. The Planning Director
the authority to execute and record an amendment to the notice which modifies
terminates said notice upon a showing of good cause by the Developer or SUCC~SSOI
interest.
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Onsite Conditions - Specific
21. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot hi
masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municil
Code Chapter 21.105. Location of said receptacles shall be approved by the Planni
Director. Enclosure shall be of similar colors and/or materials to the project to t
satisfaction of the Planning Director.
22. No outdoor storage of materials shall occur onsite unless required by the Fire Chi
When so required, the Developer shall submit and obtain approval of the Fire Chief a
the Planning Director of an Outdoor Storage Plan, and thereafter comply with 1
approved plan.
23. Developer shall submit and obtain Planning Director approval of an exterior lighting pl
including parking areas. All lighting shall be designed to reflect downward and avc
any impacts on adjacent homes or property. The maximum height of the light PO
shall not exceed 20 feet. A lighting plan for the canopy shall also be submitted 1
approval by the Planning Director.
24. Signs shall be permitted in accordance with the Poinsettia Village Sign Program 1
SDP 82-03(A), on file in the Planning Department.
25. A stop sign shall be installed at the drive entrance to the gas station to t
satisfaction of the City Engineer.
Enpineering
General
26. Developer shall comply with the requirements of the City's anti-graffiti program for w
treatments if and when such a program is formerly established by the City.
27. Prior to hauling dirt or construction materials to or from any proposed construction s
within this project, the developer shall submit to and receive approval from the C
Engineer for the proposed haul route. The developer shall comply with all conditions E
requirements the City Engineer may impose with regards to the hauling operation.
Fees/Apreements
28. Developer shall pay all current fees and deposits required.
29. Owner shall give written consent to the annexation of the area shown within
boundaries of the subdivision plan into the existing City of Carlsbad Street Lighting i
Landscaping District No. 1 on a form provided by the City.
Dedications/Improvements
30. Developer shall comply with the City's requirements of the National Pollutant Discha
Elimination System (NPDES) permit. The developer shall provide best managem
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practices as referenced in the "California Storm Water Best Management Practic
Handbook" to reduce surface pollutants to an acceptable level prior to discharge
sensitive areas. Plans for such improvements shall be approved by the City Engine
Said plans shall include but not be limited to notifying prospective owners and tenants
the following:
A. All owners and tenants shall coordinate efforts to establish or work w
established disposal programs to remove and properly dispose of toxic a
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor c
antifreeze, solvents, paints, paint thinners, wood preservatives, and other su
fluids shall not be discharged into any street, public or private, or into storm d~
or storm water conveyance systems. Use and disposal of pesticides, fimgicid,
herbicides, insecticides, fertilizers and other such chemical treatments shall mc
Federal, State, County and City requirements as prescribed in their respecti
containers.
C. Best Management Practices shall be used to eliminate or reduce surface pollutar
when planning any changes to the landscaping and surface improvements.
31. The structural section for the access aisles must be designed with a traffic index of 5.0
accordance with City Standards due to truck access through the parking area andor ais1
with an ADT greater than 500. The structural pavement design of the aisle ways shall
submitted together with required R-value soil test information and approved by the Cj
Engineer as part of the building site plan review.
Water
32. The Developer shall place potable water and recycled water services and meters at
location approved by the Deputy City Engineer - Utilities and show said services (
public improvement plans.
33. The Developer shall place sewer laterals and cleanouts at a location approved by t
Deputy City Engineer - Utilities and show the sewer laterals on public improveme
plans.
34. The Developer shall design landscape and irrigation plans for use of recycled water a:
submit said plans to the Deputy City Engineer - Utilities for review, comment a.
approval.
Standard Code Reminders
Note: The project is subject to all applicable provisions of local ordinances, including but n
limited to the following code requirements:
35. Developer shall pay the citywide Public Facilities Fee imposed by City Council Polil
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Sectic
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized 1 i PC RES0 NO. 4738 -8-
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Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applical
Local Facilities Management Plan fee for Zone 9, pursuant to Chapter 21.90. All su
taxedfees shall be paid at issuance of building permit. If the taxedfees and not paid, tl
approval will not be consistent with the General Plan and shall become void.
36. Developer shall pay a landscape plan check and inspection fee as required by Secti
20.08.050 of the Carlsbad Municipal Code.
37. This approval shall become null and void if building permits are not issued for tl
project within 24 months from the date of project approval.
38. Approval of this request shall not excuse compliance with all applicable sections oft
Zoning Ordinance and all other applicable City ordinances in effect at time of buildi
permit issuance, except as otherwise specifically provided herein.
39. The project shall comply with the latest non-residential disabled access requireme]
pursuant to Title 24 of the State Building Code.
40. All roof appurtenances, including air conditioners, shall be architecturally integrated a
concealed from view and the sound buffered from adjacent properties and streets,
substance as provided in Building Department Policy No. 80-6, to the satisfaction oft
Directors of Community Development and Planning.
41. Addresses, approved by the Building Official, shall be placed on all new and existi
buildings so as to be plainly visible from the street or access road; color of identificati
and/or addresses shall contrast to their background color, as required by Carlsb
Municipal Code Section 18.04.320.
42. Any signs proposed for this development shall at a minimum be designed in conforman
with the City’s Sign Ordinance and shall require review and approval of the Planni
Director prior to installation of such signs.
43. Developer shall exercise special care during the construction phase of this project
prevent offsite siltation. Planting and erosion control shall be provided in accordm
with the Carlsbad Municipal Code and the City Engineer.
44. Developer shall pay its fair share for the “short-term improvements” to the El Cami
Reanalomar Airport Road intersection prior to approval of the final map or the issuar
of a grading permit, whichever occurs first. The amount shall be determined by 1
methodology ultimately selected by Council, including but not limited to, an increase
the city-wide traffic impact fee; an increased or new Zone 9 LFMP fee; the creation o
fee or assessment district; or incorporation into a Mello-Roos taxing district.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fe
dedications, reservations, or other exactions hereafter collectively referred to for convenience
“fees/exactions.” 11 PC RES0 NO. 4738 -9-
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You have 90 days from date of final approval to protest imposition of these fees/exactions.
you protest them, you must follow the protest procedure set forth in Government Code Sectj
66020(a), and file the protest and any other required information with the City Manager
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timl
follow that procedure will bar any subsequent legal action to attack, review, set aside, void,
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactic
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor plannil
zoning, grading or other similar application processing or service fees in connection with t
project; NOR DOES IT APPLY to any feedexactions of which you have previously been gil
a NOTICE similar to this, or as to which the statute of limitations has previously othenv
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the plann:
Commission of the City of Carlsbad, California, held on the 15th day of March, 2000, by
following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, Nielsen, Segal
and Trigas
NOES: Commissioners L’Heureux and Welshons
ABSENT:
ABSTAIN:
hj& & 7 :-
WILLIAM COMPAS, Chairpergon
CARLSBAD PLANNING COMMISSION
ATTEST:
~
Planning Director
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