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HomeMy WebLinkAbout2000-07-19; Planning Commission; Resolution 47931 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. 4793 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW THE ADDITION OF A PUMP ISLAND AT THE EXISTING GAS STATION, AND A 19,371 SQUARE FOOT EXPANSION TO THE EXISTING WAREHOUSE, INCLUDING TWO NEW ROOF-MOUNTED HVAC UNITS, 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 GAS STATION/BUILDING EXPANSION CASE NO.: CUP 90-03(C) WHEREAS, Design Development Group, “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by Costco Warehouse, 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 Carlsbad, County of San Diego, State of California (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit Amendment as shown on Exhibit(s) “A” - “F” dated July 19, 2000, on file in the Carlsbad Planning Department COTSCO GAS STATION/BUILDING EXPANSION - CUP 90-03(C), as provided by the conditions of approval of CUP 90-03 and Chapter 21.42 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 CUP amendment. 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 May 7,1991, the City Council approved PRICE CLUB - CUP 90-03, as described and conditioned in Planning Commission Resolution No. 3210, and. WHEREAS, on October 21, 1997, the City Council approved COSTCO GASOLINE - CUP 90-03(A), as described and conditioned in Planning Commission Resolution No. 4144, and. WHEREAS, on January 6, 1998, the City Council approved COSTCO OUTDOOR SEATING - CUP 90-03(B), as described and conditioned in Planning Commission Resolution No. 4209. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of COSTCO GAS STATION/BUILDING EXPANSION - CUP 90-03(C), 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 d. based on the EIA Part 11 and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. 2. That the requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the General Plan, and is not detrimental to existing uses specifically permitted in the zone in which the proposed use is located, in that the additional retail services expand the variety of PC RESO NO. 4793 -2- 1 2 3 4 5 6 5 8 s 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. 4. 5. 6. 7. 8. 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 the 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 loading area will be screened from views from the west by a screen wall; the proposed redesigned loading area improves the views from the south; the additional parking will not impact the existing landscaped berm along Palomar Airport Road; the proposed gas station expansion will add landscaping to the site. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the project will generate an additional 2,450 ADT which will not impact the levels of service of the surrounding roadways and key intersections to an unacceptable level. That the proposed project is adequately designed to accommodate the high percentage of visitor, tourist and shuttle bus/alternative transportation users anticipated given the proposed use and site location within the overlay zone. That the building forms, building colors and building materials combine to provide an architectural style of development that will add to the objective of high quality architecture and building design within the overlay zone; and That the project complies with all development and design criteria of the overlay zone. Conditions: Note: Unless othenvise 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 Conditional Use Permit Amendment. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use Permit Amendment documents, as necessary PC PESO NO. 4793 -3. f i 8 s 1C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. 4. 5. 6. 7. 8. 9. 10 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. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 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. 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 Conditional Use Permit 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. 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. 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. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health and welfare. If the Planning Director determines that the use has such substantial negative effects, the Planning Director shall recommend that the Planning PC RESO NO. 4793 -4. f ; E s 1c 11 12 l? 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11. 12. 13. 14. Commission, after providing the permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects. This Conditional Use Permit is granted for a period of five (5) years. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect on surrounding land uses and the public’s health and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time not to exceed five (5) years upon written application of the permittee made no less than 90 days prior to the expiration date. The Planning Commission may not grant such extension, unless it finds that there are no substantial negative effects on surrounding land uses or the public’s health and welfare. If a substantial negative effect on surrounding land uses or the public’s health and welfare is found, the extension shall be denied or granted with conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the Planning Commission may grant. If, at any time, the City Council, Planning Commission or Planning Director determine that there has been, or may be, a violation of the findings or conditions of this conditional use permit, or of the Municipal Code regulations, a public hearing may be held before the City Council to review this permit. At said hearing, the City Council may add additional conditions, recommend additional enforcement actions, or revoke the permit entirely, as necessary to ensure compliance with the Municipal Code and the intent and purposes of the Commercial/Visitor-Serving Overlay Zone, and to provide for the health, safety and general welfare of the City. This approval is granted subject to the approval of SDP 90-05(E) and CDP 97-05(A) and is subject to all findings and conditions contained in Planning Commission Resolutions No. 4792 and 4794 for those other approvals. Approval of CUP 90-03(C) supplements the approvals of CUP 90-03, CUP 90-03(A), and CUP 90-03(B). All conditions of approval of Planning Commission Resolutions No. 3210,4144, and 4209, remain in full force and effect except as modified herein. 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 PC RESO NO. 4793 -5- 1 2 3 4 5 6 I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 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. 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 Compas, Commissioners Baker, Heineman, L’Heureux, Nielsen, Segall, and Trigas NOES: ABSENT: ABSTAIN: /Ai& d?w WILLIAM COMPAS, Chairpen!& CARLSBAD PLANNING COMMISSION ATTEST: \INIL MICHAEL J. HOwMILL& Planning Director PC RESO NO. 4793 -6