Loading...
HomeMy WebLinkAbout2000-07-19; Planning Commission; Resolution 47941 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. 4794 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A COASTAL DEVELOPMENT PERMIT AMENDMENT CDP 97-05(A) 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, BETWEEN ARAMADA DRIVE AND PASEO DEL NORTE IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: COSTCO GAS STATION/BUILDING EXPANSION CASE NO.: CDP 97-05(A) 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, tiled 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 Coastal Development Permit as shown on Exhibits “A” - “F” dated July 19, 2000, on file in the Planning Department, COSTCO GAS STATION/BUILDING EXPANSION - CDP 97-05(A) as provided by Chapter 21.201.040 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 CDP. 1 2 3 4 5 6 5 8 9 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Commission RECOMMENDS APPROVAL of COSTCO GAS STATION/BUILDING EXPANSION - CDP 97-05(A), 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 II and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. 2. 3. 4. 5. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that no agricultural lands, environmentally sensitive habitats, shoreline access, coastal erosion or visual panoramas are located within the Costco site therefore no impacts to such will occur.. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that no coastal access or recreation opportunities exist on the developed commercial site. The project is not located in the Coastal Agriculture Overlay Zone, according to Map X of the Land Use Plan, certified September 1980, and, therefore, is not subject to the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance). The project is consistent with the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City’s Master Drainage and Storm Water Quality Management Plan and Grading Ordinance to avoid increased runoff and soil erosion; no steep slopes exist on the Costco site; and the site is not prone to landslides or susceptible to accelerated erosion, floods, or liquefaction. PC RESO NO. 4794 -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 .- 6. The project is not located between the first public road and the ocean and, therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance). 7. The project site is not located within the Mello I segment of the City’s Local Coastal Program and, therefore, is not subject to the provisions of the Coastal Resource Overlay Zone Mello I Segment (Chapter 21.205 of the Zoning Ordinance). Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading or 1. 2. 3. building permit, whichever occur first. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit 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. This approval is granted subject to the approval of SDP 90-05(E) and CUP 90-03(C and is subject to all findings and conditions contained in Planning Commission Resolutions No. 4792 and 4793, for those other approvals The applicant shall apply for and be issued building permits for this project within two (2) years of approval or this coastal development permit will expire unless extended per Section 21.201.210 of the Zoning Ordinance. 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 file 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. 4794 -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 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: CARLSBAD PLANNING COMMISSION PC RBSO NO. 4794 -4.