HomeMy WebLinkAbout2001-10-03; Planning Commission; Resolution 49321
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PLANNING COMMISSION RESOLUTION NO. 4932
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING AN
EXTENSION OF A CONDITIONAL USE PERMIT TO ALLOW
THE CONTINUED OPERATION OF A COMBINATION SELF-
SERVICE CARWASH/SERVICE STATION AND
CONVENIENCE MARKET ON PROPERTY GENERALLY
LOCATED AT THE SOUTHWEST CORNER OF CARLSBAD
VILLAGE DRIVE AND PI0 PICO DRIVE IN LOCAL
FACILITIES MANAGEMENT ZONE 5.
CASE NAME: SHELL OIL
CASE NO.: CUP 94-Ol(A)xl
WHEREAS, Shell Oil Company has filed a verified application with the City of
Carlsbad regarding property owned by Shell Oil Company “Owner,” described as
A portion of Tract 115 of Town of Carlsbad, according to Map
775, filed February 15,1894, 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 Extension as shown on Exhibits “A” - “H” dated November 2, 1994, on file in the
Carlsbad Planning Department SHELL OIL - CUP 94-Ol(A)xl and as provided by the
conditions of approval of CUP 94-Ol(A)xl, and Chapter 21.42 and/or 21.50 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on the 18th day of April, 2001, on
the 2nd day of May, 2001, and on the 20th day of June 2001, and on the 3rd day of October
2001 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 Extension.
WHEREAS, November 2,1994, the Planning Commission approved CUP 94-01
as described and conditioned in Planning Commission Resolution No. 3718.
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WHEREAS, February 7, 1996, the Planning Commission approved CUP 94-
01(A) as described and conditioned in Planning Commission Resolution No. 3894.
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.
W That based on the evidence presented at the public hearing, the Planning
Commission APPROVES SHELL OIL - CUP 94-Ol(A)xl, retroactively from
November 2, 1999 to November 2, 2006, based on the following findings and
subject to the following conditions:
FindhiPs:
1. The adopted project findings for CUP 94-01 and CUP 94-01(A) which are contained
in Planning Commission Resolutions No. 3718 and No. 3894, incorporated by
reference, apply to this extension.
2. That the Planning Director has determined that the project belongs to a class of projects
that the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15301, Existing Facilities,
of the state CEQA Guidelines. In making this determination, the Planning Director has
found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not
apply to this project.
Conditions:
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 extension.
2. This project shall comply with all conditions which are required as part of the approved
Conditional Use Permit (CUP 94-01) and (CUP 94-01(A)) as contained in Planning
Commission Resolutions No. 3718 and No. 3894, incorporated herein by reference,
except for Condition No. 11 of Planning Commission Resolution No. 3718, which is
replaced by Condition No. 3 below.
PC RESO NO. 4932 -2-
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3.
A. 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.
B. This Conditional Use Permit is granted for a period of seven years retroactively
from November 2, 1999 through November 2, 2006. 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 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.
Imnrovements
4. Developer shall comply with the City’s requirements of the National Pollutant Discharge
Elimination System (NPDES) permit, latest version. Developer shall provide
improvements constructed pursuant to best management practices as referenced in the
“California Storm Water Best Management Practices Handbook” to reduce surface
pollutants to an acceptable level prior to discharge from the site. Plans for such
improvements shall be submitted to and subject to the approval of the City Engineer.
Said plans shall include, but not be limited to notifying prospective owners and tenants of
the following:
A. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
PC RESO NO. 4932 -3-
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5. Within 6 months of the date of approval of this extension of this Conditional Use
Permit, Developer shall submit to and receive approval from the City of Carlsbad
Engineering Department of a Storm Water Pollution Prevention Plan (SWPPP).
Pursuant to Order No. 2001-01 issued by the California Regional Water Quality
Control Board (CRWQCB), this project qualifies as a “priority project” and is
required to capture and reduce pollutants to a level of insignificance. The
organization and content of the SWPPP shall be prepared in accordance with the
guidelines as established by the CRWQCB and as modified by the City of Carlsbad.
The SWPPP shall address the anticipated pollutants of concern associated with the
Project and shall suggest the type(s) of post-construction (structural) Best
Management Practices (BMP’s) required to capture and filter said anticipated
pollutants of concern.
6. Within 6 months of the date of approval of this extension of this Conditional Use
Permit, Developer shall have constructed the necessary BMP measures necessary to
capture and filter the anticipated pollutants of concern associated with the Project
in accordance with the City-approved SWPPP and the latest California National
Pollution Discharge Elimination System (NPDES) permit requirements.
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. 4932 -4-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 3rd day of October, 2001 by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Compas, Dominguez,
Heineman, and Trigas
I NOES:
ABSENT: Commissioner Nielsen
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOBMILtiR
Planning Director
PC RESO NO. 4932 -5-