HomeMy WebLinkAbout2006-02-01; Planning Commission; Resolution 60231 PLANNING COMMISSION RESOLUTION NO. 6023
2
A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
RETROACTIVE FIVE YEAR EXTENSION OF A
4 CONDITIONAL USE PERMIT TO ALLOW THE CONTINUED
- OPERATION OF A GAS STATION AT THE EXISTING
COSTCO WAREHOUSE LOCATED AT 951 PALOMAR
6 AIRPORT ROAD ON THE SOUTH SIDE OF PALOMAR
AIRPORT ROAD BETWEEN ARMADA DRIVE AND PASEO
7 DEL NORTE IN THE MELLO II SEGMENT OF THE LOCAL
FACILITIES MANAGEMENT ZONE 5.
8 CASE NAME: COSTCO GAS STATION ADDITION
9 CASE NO.: CUP 90-Q3(C)xl
10 WHEREAS, Costco Wholesale, "Developer/Owner," has filed a verified
* * application with the City of Carlsbad regarding property described as
12 Parcel 2 of Parcel Map No. 17542, filed in the Office of the
13 County Recorder June 27, 1995, in the City of Carlsbad,
County of San Diego, State of California
14
("the Property"); and
\ § WHEREAS, said verified application constitutes a request for a Conditional Use
17 Permit Extension as shown on Exhibits "A" - "F" dated July 19, 2000, on file in the Planning
18 Department COSTCO GAS STATION ADDITION - CUP 90-03(C)xl, as provided by the
19 conditions of approval of CUP 90-03(C)xl and Chapter 21.42 and/or 21.50 of the Carlsbad
20
Municipal Code; and
21
22 WHEREAS, the Planning Commission did, on the 1st day of February 2006,
23 hold a duly noticed public hearing as prescribed by law to consider said request; and
24 WHEREAS, at said public hearing, upon hearing and considering all testimony
95 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
26 relating to the CUP Extension.
27
WHEREAS, on February 1, 2006, the Planning Commission approved CUP 90-2o
03(C)xl as described and conditioned in Planning Commission Resolution No. 6023.
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2 Commission of the City of Carlsbad as follows:
3
A) That the foregoing recitations are true and correct.
4
<- B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES COSTCO GAS STATION ADDITION - CUP 90-
6 03(C)xl to be effective retroactively from July 19, 2005 through July 18, 2010
based on the following finding and subject to the following conditions:
7
Findings;
o
9 1. The adopted findings for CUP 90-03(C) which are contained in Planning Commission
Resolution No. 4793 apply to this extension and are incorporated by this reference.
10
Conditions:
j2 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
13 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
14 future building permits; deny, revoke or further condition all certificates of occupancy
1 <. issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
16 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.
17
2. All conditions of approval imposed upon Conditional Use Permit CUP 90-03(C) as stated
in Planning Commission Resolution No. 4793 shall apply as conditions of approval for
19 CUP 90-03(C)xl and are incorporated by this reference, except Condition No. 6 which
have been satisfied, and Condition No. 11 is replaced by Condition No. 4 below.
20
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
22 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
23 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
24 substantial negative effects.
25 4. This Conditional Use Permit is granted for a period of five years retroactively from July
26 19, 2005 through July 18, 2010. 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
27 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
PC RESO NO. 6023 -2-
that there are no substantial negative effects on surrounding land uses or the public's
2 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
3 conditions which will eliminate or substantially reduce such effects. There is no limit to
the number of extensions the Planning Commission may grant.
4
r Engineering;
6 5. The previous CUP included conditions and development plans for a Storm Water
Separator and Fuel Spill Alarm system connected to the storm drain. This system has
7 been left in a state of disrepair and must be brought up to current operable conditions
within 90 days of this approval. A working report with as-built plans and test results shall
be submitted to the City for their records. In addition, the City sent a letter and report of
9 inspection dated October 6, 2005 (attached for reference). This report identified specific
recommendations and requirements that should be included in annual reports and
10 maintenance activity for this site.
11 6. Developer shall comply with the City's requirements of the National Pollutant Discharge
12 Elimination System (NPDES) permit, latest version. Developer shall provide
improvements constructed pursuant to best management practices as referenced in the
13 "California Storm Water Best Management Practices Handbook" to reduce surface
pollutants to an acceptable level prior to discharge to sensitive areas. The existing Costco
14 Facility has a current program, including plans and specifications for the removal and
treatment of storm water pollutants. This program shall be maintained and upgraded to:
16 A. Coordinate efforts to establish or work with established disposal programs to
remove and properly dispose of toxic and hazardous waste products.
17
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
*° antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
, n 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,
20 herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
21 containers.
22 C. Best Management Practices shall be used to eliminate or reduce surface pollutants
23 when planning any changes to the landscaping and surface improvements.
24 7. Costco shall submit for City approval a "Storm Water Management Plan (SWMP)."
The SWMP shall demonstrate compliance with the City of Carlsbad Standard
25 Urban Runoff Management Plan (SUSMP), Order 2001-01 issued by the San Diego
25 Region of the California Regional Water Quality Control Board and City of
Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or
27 filter said pollutants from storm water, to the maximum extent practicable, for the
post-construction stage of the project. At a minimum, the SWMP shall:
28
A. identify existing and post-development on-site pollutants-of-concern;
PCRESONO. 6023 -3-
B. identify the hydrologic unit this project contributes to and impaired water bodies
2 that could be impacted by this project;
C. recommend source controls and treatment controls that will be implemented with
3 this project to avoid contact or filter said pollutants from storm water to the
maximum extent practicable before discharging to City right-of-way;
D. establish specific procedures for handling spills and routine clean up. Special
- considerations and effort shall be applied to resident education on the proper
procedures for handling clean up and disposal of pollutants;
6 E. ensure long-term maintenance of all post construct BMPs in perpetuity; and
F. identify how post-development runoff rates and velocities from the site will not
7 exceed the pre-development runoff rates and velocities to the maximum extent
practicable.
9 NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
i reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
12
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
15 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
16
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
19 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
20
21
22
23
24
25
26
27
28
PC RESO NO. 6023 -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 1st day of February 2006 by the
following vote, to wit:
AYES:
NOES:
Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Segall, and Whitton
ABSENT: Commissioner Heineman
ABSTAIN:
MARTELL B. MONTGOMERY, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
PC RESO NO. 6023 -5-