HomeMy WebLinkAbout2002-09-04; Planning Commission; Resolution 52221
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PLANNING COMMISSION RESOLUTION NO. 5222
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A CONDITIONAL USE PERMIT FOR THE
CONSTRUCTION OF A NEW 2,997 SQUARE FOOT ARCO
AMPM FACILITY WITH 12 FUELING STATIONS AND A
CAR WASH ON PROPERTY GENERALLY LOCATED AT THE
NORTHEAST CORNER OF TAMARACK AVENUE AND
JEFFERSON STREET IN LOCAL FACILITIES MANAGEMENT
ZONE 1.
CASE NAME: ARCO AMPM AT TAMARACK
CASE NO.: CUP 01-19
WHEREAS, BP West Coast Products, LLC., “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by Saad Attisha, “Owner,”
described as
Lot 1 of Tamarack Plaza, in the City of Carlsbad, County of
San Diego, State of California, according to map thereof No.
5944, filed in the ofice of the County Recorder of San Diego
County on August 23,1967
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits “A” - “L” dated September 4, 2002, on file in the Carlsbad
Planning Department, ARCO WPM AT TAMARACK - CUP 01-19, as provided by Chapter
21.42 and 21.50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 4th day of September 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.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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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 ARC0 WPM AT TAMARACK - CUP
01-19, based on the following findings and subject to the following conditions:
Findings:
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That the requested use is 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 the proposed use will replace a previous freeway service facility and
the car wash will treat waste water before it enters the storm drain system. The use
is physically separated from surrounding properties by streets, and as designed, the
use is physically compatible with the surrounding uses including other freeway
service facilities, high density housing, single family residential and an elementary
school.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the 0.85 acre lot will be able to accommodate the 2,997 square foot building, gas
island canopy and pumps, and required parking while maintaining onsite access
lanes within the development standards of the Neighborhood Commercial zone (C-
1) and the CommerciaVVisitor Serving Overlay Zone and the car wash can be
accommodated with a variance for the setbacks which is warranted because the
subject site is a peninsula regarding the relative development regulations and
landscape screening will be provided.
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 the site will be landscaped consistent with the
Carlsbad Landscape Manual and the guidelines of the CommerciaVVisitor Serving
Overlay Zone. The property will be landscaped along the Carol Place street
frontage; Jefferson Street will be landscaped with a combination of trees, shrubs
and groundcover; and parking near Tamarack Avenue will be screened by a 42 inch
high screen wall and landscaping.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the project will generate approximately 1,863
Average Daily Traffic (ADT). Tamarack Avenue is a “Collector” street with a
capacity of up to 10,000 ADT and Tamarack Avenue between Jefferson Street and
Adams Street is improved as a Secondary Arterial and is more than adequate to
handle the amount of traffic that the proposed project is expected to generate.
That it is to be developed as part of a freeway-service facility, containing a minimum of
two freeway oriented uses, which are the project and the restaurant on the adjacent
parcel to the east.
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Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
a building permit.
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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
future building permits; deny, revoke or Mher 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.
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.
Operation and maintenance of the car wash shall be limited to the hours between
07:30 a.m. and 09:OO p.m. daily.
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.
Developer/Operator shall and does hereby agree to indemnifl, 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
survives until all legal proceedings have been concluded and continues even if the City’s
approval is not validated.
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Developer shall submit to the Planning Director a reproducible 24" x 36", mylar copy
of the Site Plan and conceptual grading plan reflecting the conditions approved by the
final decision making body.
The Developer shall provide proof to the Director from the Carlsbad Unified School
District that this project has satisfied its obligation to provide school facilities.
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 approval shall become null and void if building permits are not issued for this
project within 24 months from the date of approval of the associated Coastal
Development Permit by the California Coastal Commission.
The approval of the Conditional Use Permit is contingent upon approval of a Coastal
Development Permit issued by the California Coastal Commission or its successor in
interest, that substantially conforms to this approval. A signed copy of the Coastal
Development Permit must be submitted to the Planning Director. If the approval is
substantially different, an amendment to Conditional Use Permit shall be required.
Sign area, for all signs onsite, shall be limited to 109.8 sq. ft., individual components
shall be limited to: 30 sq. ft. monument(s); 10 sq. ft. sparks, limit (4); one facade sign
of 18.1 sq. ft. In addition, one of the sign areas on the existing freeway service
facility (as provided for in 21.208.100 (B.1.) pole sign, may be replaced with a new,
maximum 50 square foot sign.
If, at any time, the City Council, Planning Commission or Planning Director determine
that there has been, or may be, a violation of the findings or conditions of this conditional
use permit, or of the Municipal Code regulations, a public hearing may be held before the
City Council to review this permit. At said hearing, the City Council may add additional
conditions, recommend additional enforcement actions, or revoke the permit entirely, as
necessary to ensure compliance with the Municipal Code and the intent and purposes of
the CommerciaWisitor-Serving Overlay Zone, and to provide for the health, safety and
general welfare of the City.
This Conditional Use Permit shall be reviewed by the Planning Director annually 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 the date of the
issuance of a Coastal Development Permit for the project. This permit may be
revoked at any time after a public hearing, if it is found that the use has a substantial
PC RES0 NO. 5222 -4-
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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 5 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 and obtain Planning Director approval of a Final Landscape and
Imgation Plan showing conformance with the approved Preliminary Landscape Plan and
the City’s Landscape Manual. 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.
The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Department and accompanied by the
project’s building, improvement, and grading plans.
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 #1 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 1, pursuant to Chapter 21.90. All such
taxedfees shall be paid at issuance of building permit. If the taxedfees are not paid, this
approval will not be consistent with the General Plan and shall become void.
Prior to the issuance of the Conditional Use 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.
5222 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.
Developer shall submit and obtain Planning Director approval of an exterior lighting plan
including parking areas. All lighting shall be designed to reflect downward and avoid
any impacts on adjacent homes or property.
Developer shall construct, install and stripe not less than 14 parking spaces, as shown on
Exhibit “CYy dated September 4,2002 and labeled as ARC0 AdPm at Tamarack.
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22. A six foot wall shall be provided for security, screening and noise attenuation along
the frontage of Carol Place. The wall's location, color, and material are subject to
the approval of the Planning Director.
23. The sale of alcoholic beverages is prohibited as stipulated by the application for the
lifetime of the Conditional Use Permit CUP 01-19.
Engineerinp:
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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.
Prior to issuance of any building permit, 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.
Developer shall install and maintain sight distance corridors at street intersections in
accordance
Developer shall dedicate a private ingress and egress easement for the benefit of the
easterly property (Lot 2 of Map No. 5944). Limits of said easement shall be a
minimum of 24-feet wide. The projection of the easement shall be perpendicular to
Jefferson Street and centered at the proposed driveway along Jefferson and shall
extend to the easterly property line.
Developer shall revise the westerly landscape strip on the site plan to provide
temporary AC berms (but still maintain proposed landscaping) along the future
driveway access for the easterly property.
Fee and Agreements
29. Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer to the annexation of the area
shown within the boundaries of the subdivision into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1, on a form provided by the City Engineer.
Grading
30. 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.
31. Prior to issuance of building permits, Developer shall perform remedial grading to
remove the contaminated soil identified in the Site Acquisition Environmental
Assessment prepared by Secor, dated August 27, 2001. Developer shall provide
written documentation from the San Diego County Department of Environmental
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Health that said contaminants have been removed and disposed of in accordance
with all applicable regulations.
32. All grading activities shall be limited to the “dry season” (from April 1st to October 1st of
each year). Grading activities shall be completed by October 31st. Grading activities may
be extended to November 15th upon written approval of the City Engineer, obtained in
advance, and only if all erosion control measures are in place by October 1st.
DedicationdImmovements
33. Developer shall remove and replace deteriorated sections of curb, gutter and sidewalk
along Tamarack Avenue and Jefferson Street to the satisfaction of the City Engineer and
as reflected on the Site Plan and conceptual grading plan.
34. 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 to sensitive areas. 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.
35. Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a “Storm Water Management Plan”
(SWMP). This project is defined as “priority” project pursuant to Order No. 2001-
01 issued by the California Regional Water Quality Control Board (CRWQCB).
The SWMP shall be prepared in compliance with current requirements and
provisions established by the CRWQCB and City of Carlsbad requirements. The
SWMP shall address measures to reduce, to the maximum extent possible, storm
water pollutant runoff for construction and post-construction stages of the project.
The SWMP shall:
A. Identify existing and post-development pollutants-of-concern.
B. Recommend non-structural and structural Best Management Practices
(BMPs) to address said pollutants.
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C. 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.
D. Ensure long-term maintenance of all post construct BMPs in perpetuity.
E. Identify the emergency fuel spill containment system for the canopy area.
Water
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Developer shall meet with the Fire Marshal to determine if fire protection measures (fire
flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire
hydrants, if proposed, shall be considered public improvements and shall be served by
public water mains to the satisfaction of the District Engineer.
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(s) prior to issuance of Building Permits.
The Developer shall install potable water services and meters at a location approved by
the District Engineer.
The Developer shall install sewer laterals and clean-outs at a location approved by the
District Engineer.
This project is approved upon the express 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.
Code Reminder:
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
41. 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
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
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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 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 4th day of September 2002 by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Baker, Dominguez,
Heineman, Segall, White, and Whitton
NOES: None
ABSENT: None
SEENA TRIGAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOxZMIl%ER
Planning Director
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