Loading...
HomeMy WebLinkAbout2002-10-16; Planning Commission; Resolution 52931 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. 5293 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW AN INCREASE IN THE HOURS OF OPERATION FOR THE CHEVRON CAR WASH ON PROPERTY GENERALLY LOCATED AT 7170 AVENIDA ENCINAS IN LOCAL FACILITIES MANAGEMENT ZONE 9. CASE NAME: CHEVRON POINSETTIA VILLAGE CASE NO.: CUP 99- 15(A) WHEREAS, K. B. Narain, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Donahue Schriber Realty Group, L. P. and Poinsettia Associates, “Owner,” described as Parcel 11 of Parcel Map No. 15187, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, March 28, 1988, Recorder’s File No. 88-140044 (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit Amendment as shown on Exhibit “B” dated March 15, 2000, on file in the Carlsbad Planning Department, CHEVRON POINSETTIA VILLAGE - CUP 99-15(A), as provided by Chapters 21.42 and 21.50 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 16th day of October, 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. WHEREAS, on May 16, 2000 the City Council approved CUP 99-15, as described and conditioned in Planning Commission Resolution Nos. 4739 and City Council Resolution 2000-154. 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 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 CUP 99-15(A), based on the following findings and subject to the following conditions: RECOMMENDS APPROVAL of CHEVRON POINSETTIA VILLAGE - Findinm: 1. 2. 3. 4. 5. 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 the increased hours of operation would benefit the surrounding community by providing more times to use the car wash before and after the normal work hours of 8 a.m. - 5 p.m. The acoustical update prepared by Mestre Greve on November 1,2001 indicates that the impacts from the car wash on the interior noise levels of the adjacent Lakeshore Gardens Mobile Home Park is well below the 43dBA noise threshold imposed by the City Council and noise impacts from the increased hours of operation would not be detrimental to the surrounding uses. That the site for the intended use is adequate in size and shape to accommodate the use, in that the site is adequate in size and shape to support the existing use and no physical change is being proposed which would result in the need for additional area to operate the use. 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 design features necessary to ensure compatibility with the surrounding development, including noise walls, dense landscaping, and screen walls, have been incorporated into the project. No additional features would be required as a result of the proposed increased hours of operation for the car wash. That the street systems serving the proposed use are adequate to properly handle all traffic generated by the proposed use, in that the traffic impacts of the proposed gas station were previously evaluated in a traffic study for the Poinsettia Village Shopping Center and the increased hours of operation for the car wash will not increase the number of trips to/from the site such that the surrounding roadways for intersections would become overburdened. 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 PC RES0 NO. 5293 -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 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. 6. 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: 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 modi@ 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 Amendment. 2. 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, fiom 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 Amendment, (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 fiom 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. 3. 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. 4. This Conditional Use Permit Amendment is granted through May 16, 2010 to coincide with the original ten-year approval for CUP 99-15. 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 ten 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 PC RES0 NO. 5293 -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. 6. 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. This project shall comply with all conditions required as part of the approved Conditional Use Permit (CUP 99-15) as contained in Planning Commission Resolution No. 4739 and City Council Resolution No. 2000-154 except for the following changes: a. Condition “D” of City Council Resolution No. 2000-154 is replaced by Condition No. 6 below. b. Condition No. 5 A of Planning Commission Resolution No. 4739 is replaced by Condition No. 6 below. No auto detailing or any other kind of manual or hand cleaning operation or any kind of work or services requiring the continual presence of employees at the car wash shall be permitted. The maximum hours of operation for the car wash shall be from 7:OO a.m. until 9:00 p.m. Monday - Saturday, and 8:OO a.m. - 8:OO p.m. on Sunday. 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 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. ... ... PC RES0 NO. 5293 -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 16th day of October, 2002 by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Dominguez, Heineman, Trigas, White, and Whitton NOES: None ABSENT: None ABSTAIN: None n SEENA TRIGAS, Chairperson CARLSBAD PLANNING COMMISSION - ATTEST: MICHAEL J. HwZMInER Planning Director PC RES0 NO. 5293 -5-