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HomeMy WebLinkAbout2001-10-03; Planning Commission; Resolution 49321 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. 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. 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, 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- 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 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- 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 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- 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 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-