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HomeMy WebLinkAbout2000-07-19; Planning Commission; Resolution 47921 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. 4792 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A SITE DEVELOPMENT PLAN AMENDMENT SDP 90-05(E) TO ALLOW THE ADDITION OF A PUMP ISLAND AT THE EXISTING GAS STATION, A 19,371 SQUARE FOOT EXPANSION TO THE EXISTING WAREHOUSE, INCLUDING TWO NEW ROOF-MOUNTED HVAC UNITS, AND THE ADDITION OF 55 PARKING SPACES, ON PROPERTY GENERALLY LOCATED SOUTH OF PALOMAR AIRPORT ROAD, BEWTEEN ARMADA DRIVE AND PASEO DEL NORTE IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: COSTCO GAS STATION/BUILDING EXPANSION CASE NO.: SDP 90-05(E) WHEREAS, Design Development Group, “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by Costco Wholesale, Inc., “Owner”, described as Parcel 2 of Parcel Map No. 17542, filed in the Office of the County Recorder June 27, 1995, in the City of Carlshad, County of San Diego, State of California (“the Property”); and WHEREAS, said verified application constitutes a request for a Site Development Plan Amendment as shown on Exhibit(s) “A” - “F” dated July 19,2000, on tile in the Planning Department, COSTCO GAS STATION/BUILDING EXPANSION - SDP 90-05(E) as provided by Chapter 21.06 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 19th day of July, 2000, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Site Development Plan Amendment. WHEREAS, on May 7, 1991, the City Council approved PRICE CLUB - SDP 90-05, as described and conditioned in Planning Commission Resolution No. 3209. 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 WHEREAS, on April 3, 1996, the Planning Commission approved PRICE CLUB EXPANSION - SDP 90-05(A), as described and conditioned in Planning Commission Resolution No. 3913. WHEREAS, on February 19, 1997, the Planning Commission approved PRICE CLUB PROPERTY ADJUSTMENT - SDP 90-05(B), as described and conditioned in Planning Commission Resolution No. 4065. WHEREAS, on October 21,1997, the City Council approved PRICECOSTCO GASOLINE - SDP 90-05(C), as described and conditioned in Planning Commission Resolution No. 4143. WHEREAS, on January 20, 1999, the Planning Commission approved COSTCO WHOLESALE HVAC ROOF UNITS - SDP 90-05(D), as described and conditioned in Planning Commission Resolution No. 4454. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 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 Planning Commission RECOMMENDS APPROVAL of COSTCO GAS STATION/ BUILDING EXPANSION - SDP 90-05(E), based on the following findings and subject to the following conditions: Findings: 1. The Planning Commission of the City of Carlsbad does hereby find: a. it has reviewed, analyzed and considered Negative Declaration and the environmental impacts therein identified for this project and any comments thereon prior to RECOMMENDING APPROVAL of the project; and b. the Negative Declaration has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and PC RESO NO. 4792 -2- 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 2. 3. 4. 5. 6. 7. d. based on the EIA Part II and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the General Plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the additional retail services expand the variety of commercial opportunities in the area; the expanded building and gasoline station do not produce any parking or circulation impacts; the proposed HVAC units will be screened from public views. That the site for the intended use is adequate in size and shape to accommodate the use, in that the proposed building expansion, additional gas station pump island, and additional parking spaces can fit within the existing site without modification to the existing size and shape of the site or internal traffic circulation routes. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the proposed receiving area will be screened from views from the west by a screen wall; the proposed redesigned receiving area improves the views from the south; the additional parking will not impact the existing landscaped berm along Palomar Airport Road; and the proposed gas station expansion will add landscaping to the site. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the project will generate au additional 2,450 ADT which will not impact the levels of service of the surrounding roadways and key intersections to an unacceptable level. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 5 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; tire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically: a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. b. The project is conditioned to pay the Local Facilities Management Zone park-in- lieu fee for non-residential developments c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit, That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). PC RESO NO. 4792 -3- 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 8. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading or building permit, whichever occurs first. 1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Site Development Plan Amendment. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Plan Amendment documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 3. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this Site Development Plan Amendment, (b) City’s approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator’s installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. PC RESO NO. 4792 -4- 1 2 ? 4 5 6 i 8 9 1C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. 7. 8. 9. 10. 11. 12. 13. The Developer shall submit to Planning Department a reproducible 24” x 36”, mylar copy of the Site Plan reflecting the conditions approved by the final decision making body. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the School District that this project has satisfied its obligation to provide school facilities. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 5 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits, including but not limited to the payment of non-residential park-in-lieu fees. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. The Developer is aware that the City is preparing a non-residential housing impact fee (linkage fee) consistent with Program 4.1 of the Housing Element. The applicant is further aware that the City may determine that certain non-residential projects may have to pay a linkage fee, in order to be found consistent with the Housing Element of the General Plan. If a linkage fee is established by City Council ordinance and/or resolution and this project becomes subject to a linkage fee pursuant to said ordinance and/or resolution, then the Developer, or his/her/their successor(s) in interest shall pay the linkage fee. The linkage fee shall be paid at the time of issuance of building permits, except for projects involving a request for a non-residential planned development for an existing development, in which case, the fee shall be paid on approval of the final map, parcel map or certificate of compliance, required to process the non-residential PUD, whichever pertains. If linkage fees are required for this project, and they are not paid, this project will not be consistent with the General Plan and approval for this project will become null and void. The Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. The Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on tile in the Planning Department and accompanied by the project’s building, improvement, and grading plans. Developer shall submit to the City a Notice of Restriction to be tiled in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Site Development Plan Amendment, Conditional Use Permit Amendment and Coastal Development Permit Amendment by Resolutions No. 4792, 4793 and 4794, PC RESO NO. 4792 -5- - 4 < f i E s 1C 11 12 13 14 15 16 11 18 19 20 21 22 23 24 25 26 27 28 14. 15. 16. respectively, on the real property owned by the Developer. Said Notice of Restriction shall note the property description, location of the tile containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. This approval is granted subject to the approval of CUP 90-03(C) and CDP 97-05(A) and is subject to all findings and conditions contained in Planning Commission Resolutions No. 4793 and 4794 for those other approvals. Approval of SDP 90-05(E) supplements the approvals of SDP 90-05, SDP 90-05(A), SDP 90-05(B), SDP 90-05(C) and SDP 90-05(D). All conditions of approval of Planning Commission Resolutions No. 3209, 3913, 4065, and 4143, remain in full force and effect except as modified herein. No additional expausions or use intensifications are allowed within the Co&co site unless the applicant prepares and submits a parking study to the Planning Department to indicate that there is adequate parking to accommodate the expansion or intensified use. Engineering: 17. The applicant shall pay the full Traffic Impact Fees required for this use. The fees shall be based upon current traffic generation rates as identified in the SANDAG traffic generation chart for a discount club, a fast food restaurant, and a gasoline facility similar to this use. Credit shall be given for Traffic Impact Fees already paid as part of this application. 18. The Urban Pollutant Basin and onsite NPDES system shall be repaired and operational as part of the day-lo-day operations of this facility. An annual report of maintenance and effectiveness shall be submitted to the City for review. Code Reminders: 19. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 5, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 20. The Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 21. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. PC RESO NO. 4792 -6- 1 22. The project shall comply with the latest non-residential disabled access requirements 2 pursuant to Title 24 of the State Building Code. 3 23. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in 4 substance as provided in Building Department Policy No. 80-6, to the satisfaction of the 5 Directors of Community Development and Planning. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and tile the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RESO NO. 4792 -7. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 j 18 19 20 21 22 23 24 25 26 27 28 - PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 19th day of July 2000, by the following vote, to wit: AYES: Chairperson Compaq Commissioners Baker, Heineman, L’Heureux, Nielsen, Segall, and Trigas NOES: ABSENT: ABSTAIN: WILLIAM COMPAS, Chairper& CARLSBAD PLANNING COMMISSION ATTEST: PC RESO NO. 4792 -8-