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HomeMy WebLinkAbout2000-12-06; Planning Commission; Resolution 48731 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. 4873 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A 3,260 SQUARE FOOT 7-ELEVEN 24 HOUR CONVENIENCE MARKET INCLUDING ALCOHOL SALES AND GAS PUMPS ON PROPERTY GENERALLY LOCATED AT THE SOUTHEAST CORNER OF FARADAY AVENUE AND VAN ALLEN WAY IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: 7-ELEVEN @ THE ISLAND CASE NO.: CUP 00-01 WHEREAS, 7-Eleven Corporation, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Lichter-Saterlee Retail 73, LLC, “Owner”, described as Lot 73 of Carlsbad Tract No. 85-24, unit No. 4, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 11811, filed in the office of the County Recorder of San Diego County, May 19,1987. (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit as shown on Exhibits “A” - “H” dated December 6, 2000, on file in the Carlsbad Planning Department, 7-ELEVEN @ THE ISLAND - CUP 00-01, as provided by Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 6th day of December 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. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 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 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES 7-ELEVEN @ THE ISLAND, based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. 5. 6. 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 there are no other nearby locations for the service proposed. Additionally, the General Plan encourages commercial enterprise in locations which will conveniently serve the surrounding neighborhood without the need for excess drive time. Nothing has been identified which can conclude that the addition of gas pumps at this location will have detrimental effects on existing uses or uses specifically permitted in the zone. That the site for the intended use is adequate in size and shape to accommodate the use, in that all of the required elements of development including landscape and parking have been accommodated onsite. Additionally, reasonable automobile stacking is provided for each pump in such a way so as not to interfere with through-aisles. 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 all of the setbacks required by the Carlsbad Research Center Specific Plan have been provided which will allow for landscaping adjacent to the street. No additional landscape setbacks or walls are necessary to adjust the use to existing or permitted future uses in the neighborhood. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the primary streets serving the project are Faraday Avenue and Van Allen Way. Faraday Avenue is a collector street with an estimated traffic volume of up to 5,000 average daily trips and Van Allen Way is a local street with an estimated traffic volume of up to 500 average daily trips. The SANDAG trip generation rate for gas stations with a convenience market is 160 ADT (average daily trips) per fueling station. There are 8 fueling stations, therefore, an estimated 1,280 ADT. There is an expectation that the trips already exist in those which are traveling to and from the work place on Van Allen Way, Newton Drive and Faraday Avenue. Furthermore, recent intersection counts show movements through the Faraday Avenue and College Boulevard intersection are at Level of Service (LOS) A, which is the best level of service. That the gas station is being developed as part of an allowed commercial facility that is an integral part of a planned industrial community development. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the McClellan-Palomar Airport, dated April 1994, in that it is a commercial project which is PC RESO NO. 4873 -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 7. identified as a compatible use beyond the airport 65 CNEL contour. No overflight or noise notice is necessary. 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 building 1. 2. 3. 4. 5. 6. permit. 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 Conditional Use Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use Permit 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. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations 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, and (b) City’s approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein. Prior to the issuance of the building permit, Owner shall submit to the City a Notice of Restriction to be filed 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 PC RESO NO. 4873 -3- ‘ f ; I s IC 11 12 l? 14 15 16 li 1E 15 2c 21 22 23 24 25 26 27 28 7. 8. 9. 10. 11. 12. 13. City of Carlsbad has issued a(n) Conditional Use Permit by Resolution(s) No. 4873 on the real property. Said Notice of Restriction shall note the property description, location of the file 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 The Developer shall submit to the Planning Director a reproducible 24” x 36”, mylar copy of the Site Plan reflecting the conditions approved by the final decision making body. The Developer shall include, as part of the plans submitted for any permit plan check, a reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing format. 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. No special conditions for Zone 5 are required. This approval shall become null and void if building permits are not issued for this project within 18 months f?om the date ofproject approval. 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. These approvals only include the preparation of pre-packaged food for sale. No other on-site food preparation is allowed nor is on-site seating for the consumption of food allowed. PC RESO NO. 4873 -4 1 2 1 4 < 6 7 8 s 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14, 15. 16. 17. 18. 19. 20. 21. 22. 23. All deliveries shall be made during non-peak retail hours. A schedule of non-peak hours shall be submitted to the Planning Director for review and approval prior to final occupancy. No outdoor storage or display of merchandise is allowed. 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 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 10 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 10 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. Signs are not a part of this approval. All signs require separate approval of a sign permit consistent with the sign program for The Island @ Carlsbad. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. Developer shall comply with the requirements of the City’s anti-graffiti program for wall treatments if and when such a program is formally established by the City. 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. The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. PC BBS0 NO. 4873 -5. 4 c f i E ! 1C 11 12 13 14 15 16 17 18 15 2c 21 22 23 24 2s 26 27 28 - 24. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. 25. Developer shall install sight distance corridors at all street intersections in accordance with Engineering Standards. Fees/Apreements 26. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City’s standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. Dedications/Improvements 27. 28. 29. Prior to the issuance of grading permit or building permit, whichever occurs first, the applicant shall submit for City approval a “Storm Water Pollution Prevention Plan (SWPPP)“. The SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board. The SWPPP shall address measures to reduce to the maximum extent possible storm water pollutant runoff at both construction and post-construction phases of the project. At a minimum, the Plan shall: 1) Identify existing and post-development on-site pollutants. 2) Recommend source control Best Management Practices (BMPs) to filter said pollutants. 3) Establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to employee and customer education on the proper procedures for handling clean up and disposal of pollutants. 4) Ensure long-term maintenance of all post construct BMPs in perpetuity. 5) Identify bow post-development runoff rates and velocities from the site will not exceed the pre-development runoff rates and velocities. If maintaining post- development rates at pre-development levels cannot be achieved, adequate justification subject to the City Engineer’s approval must be provided. Developer or property owner shall execute and record a City of Carlsbad standard Development Improvement Agreement to install and secure with appropriate security as provided by law, a traffic signal at the intersection of Faraday Avenue and Van Allen Way and any related improvements necessary to accommodate said traffic signal. Said improvements shall be constructed to City Standards to the satisfaction of the City Engineer. The traffic signal improvements shall be constructed and ready for service within 18 months of approval of the Development Improvement Agreement or prior to certificate of occupancy, whichever comes first. Developer shall design, apply for and obtain approval of the City Engineer, for the structural section for the access aisles with a traffic index of 5.0 in accordance with City PC RESO NO. 4873 -6- 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 Standards due to truck access through the parking area and/or aisles with an ADT greater than 500. The structural pavement design of the aisle ways shall be submitted together with required R-value soil test information and approved by the City Engineer as part of the building or grading plan review whichever occurs first. Water/sewer/recycled water 30. This project is approved upon the expressed condition that building permits will not be issued for the development of the subject property, unless the District Engineer has determined that adequate water and sewer facilities are available at the time of occupancy. 31. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Diego County Water Authority capacity charge prior to meter installation. Code Reminder 32. 33. 34. 35. The Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 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 #l 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. The Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. Addresses, approved by the Building Official, shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their background color, as required by Carlsbad Municipal Code Section 18.04.320. 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 PC RESO NO. 4873 -7- -- 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 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 6th day of December 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 ATTEST: ,, PC RESO NO. 4873 -8.