HomeMy WebLinkAbout2002-07-17; Planning Commission; Resolution 52311
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PLANNING COMMISSION RESOLUTION NO. 5231
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT AMENDMENT TO DEVELOP
A SERVICE STATION AND CAR WASH ON PROPERTY
GENERALLY LOCATED ON THE NORTHEAST CORNER OF
EL CAMINO REAL AND LA COSTA AVENUE IN LOCAL
FACILITIES MANAGEMENT ZONE 6
CASE NAME: CARLSBAD GASOLINE FACILITY
CASE NO.: CUP 97-03(A)
WHEREAS, 21st Century Oil, LLC, “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by American Stores Properties,
Inc. a Delaware corporation, “Owner,” described as
Lot 2 of Carlsbad Tract Map 97-09, in the City of Carlsbad,
County of San Diego, State of California, according to map
thereof no. 14038, filed in the Office of the County Recorder of
San Diego, September 15,2000.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Amendment as shown on Exhibits “A” - “J” dated July 17,2002, on file in the Carlsbad
Planning Department CARLSBAD GASOLINE FACILITY - CUP 97-03(A), as provided by
the conditions of approval of CUP 97-03 and Chapter 21.42 andor 21.50 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of July 2002, 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; and
WHEREAS, on June 17,1998, the Planning Commission approved CUP 97-03,
as described and conditioned in Planning Commission Resolution No. 4314.
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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
APPROVES CARLSBAD GASOLINE FACILITY - CUP 97-03(A) based on
the following findings and subject to the following conditions:
Findings:
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That all of the findings of Planning Commission Resolution No. 4314 apply and are
incorporated by this reference.
That the site has been designed to reduce the visual impact of the car wash building
and waiting cars on the surrounding development and from public streets in that
the building has increased setbacks for the public roadway; architectural features
and landscaping to reduce the visual impact of the building; and landscaping and
earthen berming to reduce the visual impact of waiting vehicles.
That a noise analysis has been prepared for the car wash and no significant noise
will be generated from the site and the project meets the City’s exterior noise
standard.
Adequate parking and circulation have been provided on-site to accommodate the
proposed use in that 17 spaces have been provided where 15 are required and
adequate circulation has been provided for passenger and fuel delivery vehicles.
That adequate means of eliminating grease and oils from the drainage systems will
be provided in the design of the carwash.
That the site is not suitable for a remote law enforcement facility as determined by
the Police Department in that the site is not remote or in the outlying area of the
City.
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 a service station and car wash are permitted in the C-1
zone with the approval of a Conditional Use Permit. The proposed service station
and car wash would be associated with a neighborhood shopping center and would
have good vehicular access to El Camino Real.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building
permit issuance.
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1.
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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
fbture 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 User Permit Amendment.
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.
This project shall comply with all conditions required as part of the approved Conditional
Use Permit (CUP 97-03) as contained in Planning Commission Resolution No. 4314
except Condition No. 4 which is replaced by Condition No. 4 below.
This approval shall become null and void if building permits are not issued for this
project within 24 months from the date of project approval.
This approval is granted subject to the approval of SDP 97-07(A) and SUP 97-03(A) and
is subject to all conditions contained in Planning Commission Resolutions No. 5230 and
5232 for those other approvals.
Approval is granted for CUP 97-03(A) as shown on Exhibits “A” - “Jyy, dated July 17,
2002, on file in the Planning Department and incorporated herein by reference.
Development shall occur substantially as shown unless otherwise noted in these
conditions.
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.
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, (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. This obligation
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9.
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survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
Developer shall submit to the Planning Department a reproducible 24" x 36", mylar
copy of the Site Plan reflecting the conditions approved by the final decision making
body.
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B.
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 from July 17,
2002 to July 16, 2012. 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.
Developer 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 City of Carlsbad has issued a(n)
Conditional Use Permit by Resolution(s) No. 5231 on the 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.
A Tempest car wash and dryer with the Quiet Zone Noise Reduction Package
installed on the dryer unit shall be used for the car wash facility. If a different car
wash unit is used, a new noise study shall be provided to the Planning Director
showing compliance with the City's noise standards prior to building permit
issuance.
The hours of delivery of fuel products shall be restricted from 12 p.m. to 6 a.m.,
or to such other reasonable and appropriate times upon notice and as
determined by the City Manager.
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14.
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The vent piping system for the gas station shall be incorporated into the building
design or placed in such a manner as to be visually screened to the satisfaction of the
Planning Director.
Any signs proposed shall be subject to the approved sign program dated August 28,
1998, and to Chapter 21.41.060 (Sign Programs).
Prior to the issuance of the building permit, Developer 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
City of Carlsbad has issued a Conditional Use Permit by Resolution No. 5231 on the
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.
EnPineerinP Conditions
General
17. This Conditional Use Permit Amendment CUP 97-03(A) is subject to all conditions
of the original CUP 97-03 approval per Planning Commission Resolution No. 4314.
FeedAgreements
18. The traffic generation rate for the combined use of the gas station with food mart
and car wash shall be 155 trips (ADT) per fueling space. This ADT generation shall
be used to determine City fees. Approval of the additional four fueling stations (two
fuel dispensers) is contingent upon there being no net increase in the overall traffic
generation from the previously approved La Costa Plaza Shopping Center per
Carlsbad Tract CT 97-09 (12,132 ADT).
Grading
19. Based upon a review of the proposed grading and the grading quantities shown on
the site plan, a grading permit for this project is required. Developer shall apply for
and obtain a grading permit from the City Engineer prior to issuance of a building
permit for the project.
DedicationsLImprovernents
20. Additional drainage easements may be required. Developer shall dedicate and
provide or install drainage structures, as may be required by the City Engineer,
prior to or concurrent with any grading or building permit.
21. Developer shall comply with the City’s requirements of the National Pollutant
Discharge Elimination System (NPDES) permit, latest version. Prior to the issuance
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22.
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of grading permit or building permit, whichever occurs first, Developer shall submit
for City approval a “Storm Water Management Plan (SWMP).” The SWMP shall
be in compliance with the NPDES permit requirements and provisions as
established by the San Diego Region of the California Regional Water Quality
Control Board and the City of Carlsbad. The SWMP shall address measures to
reduce to the maximum extent possible storm water pollutant runoff at both
construction and post-construction stages of the project. The SWMP shall:
1. Identify existing and post-development on-site pollutants of concern.
2. Recommend structural and non-structural Best Management Practices
3. Establish specific procedures for handling spills and routine clean up.
(BMPs) to remove said pollutants.
Special considerations and effort shall be applied to employee 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. Incorporate measures to ensure-development runoff rates and velocities from
the site are not increased as a result of the project.
Prior to occupancy, Developer shall install wheelchair ramps at the project’s
driveway access from the shopping center access road in conformance with City of
Carlsbad Standards.
Prior to building permit or grading permit issuance, whichever occurs first
Developer shall have 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 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.
Code Reminder:
The project is subject to all applicable provisions of local ordinances, including but not
limited to the following:
24. Developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in
accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance)
to the satisfaction of the City Engineer.
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 feedexactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
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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 feedexactions
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 feedexactions 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 17th day of July 2002 by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Baker, Dominguez,
Heineman, White, and Whitton
NOES: None
ABSENT: Commissioner Segall
ABSTAIN: None
SEENA TRIGAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
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