HomeMy WebLinkAbout2006-06-21; Planning Commission; Resolution 61211 PLANNING COMMISSION RESOLUTION NO. 6121
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO CONSTRUCT A 3,686
4 SQUARE FOOT CONVENIENCE MARKET INCLUDING
5 FOUR FUEL PUMPS AND A SELF-SERVICE CAR WASH ON
A 1.1 ACRE PROPERTY GENERALLY LOCATED AT THE
6 SOUTHEAST CORNER OF GATEWAY ROAD AND EL
FUERTE STREET IN LOCAL FACILITIES MANAGEMENT
7 ZONE 17.
CASE NAME: BRESSI RANCH FUEL MART
8 CASE NO.: CUP 05-31
9 WHEREAS, Bressi Ranch Fuel Mart, LLC, "Developer," has filed a verified
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application with the City of Carlsbad regarding property owned by Bressi Gardenlane, LLC,
12 "Owner," described as
13 Lot 14 of Carlsbad Tract Map CT 00-06 in the City of
Carlsbad, County of San Diego, State of California, according
14 to map thereof number 14600 on file in the Office of the
County Recorder of said County, May 29,2003
16 ("the Property"); and
17 WHEREAS, said verified application constitutes a request for a Conditional Use
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Department, BRESSI RANCH FUEL MART CUP 05-31, as provided by Chapter 21.42 and/or
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Permit as shown on Exhibits "A" - "M" dated June 21, 2006, on file in the Planning
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21.50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 21st day of June 2006, hold a
23 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
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
26 relating to the CUP.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
2
B) That based on the evidence presented at the public hearing, the Commission
3 APPROVES BRESSI RANCH FUEL MART - CUP 05-31, based on the
following findings and subject to the following conditions:4
e Findings;
6 1. 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
7 is not detrimental to existing uses specifically permitted in the zone in which the
proposed use is located, in that the convenience market, car wash and fueling stations
will provide a service generally lacking in the immediate area of the industrial park
9 and surrounding residential neighborhoods, and the site is physically separated
from other properties so it will not have a direct physical impact to other
10 commercial, industrial, or residential developments in the area.
H 2. That the site for the intended use is adequate in size and shape to accommodate the use, in
12 that the project complies with the development standards of the zone including the
required setback from both El Fuerte Street and Gateway Road, onsite parking
13 requirements, setbacks from rear and side property lines, lot coverage, and building
height.
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3. 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
16 provided and maintained, in that the site design complies with all setback
requirements and the site will be landscaped consistent with the Carlsbad
17 Landscape Manual and the general landscape guidelines from the Bressi Ranch
Master Plan.
19 4. 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 1,240
20 Average Daily Traffic (ADT) and Gateway Road is designed as a collector with a
capacity of up to 10,000 ADT and El Fuerte Street is designed as a Secondary
2 * Arterial with a design capacity of up to 20,000 ADT.
22 5. That it is to be developed as part of a master-planned industrial park, in that the site was
23 identified for potential use as a gas station in the Bressi Ranch Master Plan.
24 6. The Planning Director has determined that:
^ a. the project is a subsequent activity within the scope of the Bressi Ranch Master
26 Plan (MP 178) for which a program EIR was prepared, and a notice for the
activity has been given, which includes statements that this activity is within the
27 scope of the program approved earlier, and that the program EIR adequately
describes the activity for the purposes of CEQA); [15168( c)(2) and (e)]; and/or
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b. this project is consistent with the Master Plan cited above;
PCRESONO. 6121 -2-
c. EIR 98-04 was certified in connection with the prior plan;
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d. the project has no new significant environmental effect not analyzed as significant
3 in the prior EIR; and
e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR
5 under CEQA Guidelines Sections 15162 or 15163 exist.
7. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section IB).
8. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 17 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
10 and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
11 project will be installed to serve new development prior to or concurrent with need.
12 9. 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
14 degree of the exaction is in rough proportionality to the impact caused by the project.
15 Conditions;
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
rr-m»e*f1 -mw\ff •*» A«*W» «4 f\w» rv»»«l« »wm rw w\ AW****14- nrnis* •» Amr A*« f\ Ami v*o vv**ci4. 7 grading permit or building permit whichever occurs first.
18 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
19 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
2 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
22 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.
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2. 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
25 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
26 different from this approval, shall require an amendment to this approval.
27 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.28
PC RESO NO. 6121 -3-
4. If any condition for construction of any public improvements or facilities, or the payment
2 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
3 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.
5. 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
7 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 CUP
05-31, (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
10 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.
6. Developer shall submit to the Planning Director 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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7. Prior to the issuance of a building permit, the Developer shall provide proof to the
15 Director from the School District that this project has satisfied its obligation to provide
school facilities.16
8. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 17 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
19 9. 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
20 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.
22 10. This Conditional Use Permit shall be reviewed by the Planning Director annually to
23 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
24 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
26 substantial negative effects.
27 11. This approval shall become null and void if building permits are not issued for this
project within 18 months from the date of project approval.
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12. Developer shall submit and obtain Planning Director approval of a Final Landscape,
2 Hardscape, Wall, and Irrigation Plan showing conformance with the approved
Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct
3 and install all landscaping features as shown on the approved Final Plans, and maintain
all landscaping in a healthy and thriving condition, free from weeds, trash, and debris.
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13. 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
6 project's building, improvement, and grading plans.
7 14. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
8 substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.
ir) 15. Prior to the issuance of a grading or building permit, whichever should occur first,
Developer shall submit to the City a Notice of Restriction to be filed in the office of the
11 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
12 Conditional Use Permit CUP 05-31 by Resolution No. 6121 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
14 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
15 terminates said notice upon a showing of good cause by the Developer or successor in
interest.16
16. Developer shall report, in writing, to the Planning Director within 30 days, any address
change from that which is shown on the permit application.
18 17. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot high
19 masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal
Code Chapter 21.105. Location of said receptacles shall be approved by the Planning
20 Director. Enclosure shall be of similar colors and/or materials to the project to the
satisfaction of the Planning Director.
22 18. No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
When so required, the Developer shall submit and obtain approval of the Fire Chief and
23 the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
approved plan.
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19. Developer shall submit and obtain Planning Director approval of an exterior lighting plan
2* including buildings and parking areas. All lighting shall be designed as full cut-off to
2g reflect downward and avoid any impacts on adjacent homes or property.
27 20. Developer shall construct, install and stripe not less than 13 parking spaces, as shown on
Exhibit "A".
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21. Developer shall pay park-in-lieu fees to the City, prior to the issuance of a building
2 permit as required by Chapter 20.44 of the Carlsbad Municipal Code and the Zone
17 Local Facilities Management Plan.
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22. Prior to issuance of a building permit the applicant shall receive approval from the
4 Planning Director of revisions to the exterior building elevation including stucco
colors, awning colors, and building accent materials.
6 Engineering
7 General
8 23. 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.
24. Prior to issuance of any building permit, Developer shall comply with the requirements of
11 the City's anti-graffiti program for wall treatments if and when such a program is
formally established by the City.
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25. Developer shall maintain the sight distance corridors at the proposed driveways on
13 Gateway Road in accordance with Engineering Standards. The limits of these sight
distance corridors shall be reflected on any improvement, grading, or landscape plan
prepared in association with this development. All proposed signage for the project
15 shall be pulled back, clear of these sight distance corridors.
16 Grading
17 26. Prior to the issuance of a grading permit or building permit, whichever occurs first,
Developer shall submit to the City Engineer proof that a Notice of Intention for the start
* ° of work has been submitted to the State Water Resources Control Board.
19 27. Based upon a review of the proposed grading and the grading quantities shown on the
20 Site Plan, a grading permit for this project is required. Developer shall apply for and
obtain a grading permit from the City Engineer.
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Dedications/Improvements
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28. Developer shall execute and record a City standard Development Improvement
23 Agreement to install and secure with appropriate security as provided by law,
24 improvements shown on the Site Plan (CUP) and the following improvements including,
but not limited to paving, walkways, curbs and gutters, potable and recycled water
25 services and meters, and fire hydrants to City Standards to the satisfaction of the City
Engineer. The improvements are:
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a. Recycled water service to serve this project including connecting to the
2' recently completed recycled water main in Gateway Road.
28 b. Storm Water Pollution Control Structure(s) as shown on the site plan (CUP)
for this project. The car wash portion of this site will need a separate
PCRESONO. 6121 -6-
stormdrain filter prior to connecting to the onsite drainage system. These
2 improvements may be included in the Grading and Erosion Control security.
Maintenance of pollution control structures shall be the responsibility of the
3 owner. A note to identify maintenance responsibility of storm water
pollution control devices (BMPs) shall be placed on the improvement or
* grading plans that show the construction of these facilities.
c. The Oil / Water separator vault with 450 gal. storage capacity and shutoff
valve as shown on the site plan for this project.
7 d. Design and improvement of Gateway Road as shown on the site plan for this
project. Curb returns, pedestrian access ramps, new driveways and
8 replacement landscaping and irrigation are part of these improvements.
Improvements listed above shall be constructed concurrent with development of this
« ~ project and shall be accepted for use prior to occupancy or such other time as provided in
said agreement.
11 29. Prior to the issuance of grading permit or building permit, whichever occurs first,
12 Developer shall submit for City approval a "Storm Water Pollution Prevention Plan
(SWPPP)." The SWPPP shall be in compliance with current requirements and provisions
established by the San Diego Region of the California Regional Water Quality Control
.. Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce
to the maximum extent practicable storm water pollutant runoff during construction of
15 the project. At a minimum, the SWPPP shall:
16 a. include all content as established by the California Regional Water Quality
Control Board requirements;
b. include the receipt of "Notice of Intent" issued by the California Regional Water
. R Quality Control Board;
c. recommend source control and treatment control Best Management Practices
19 (BMPs) that will be implemented with this project to avoid contact or filter said
pollutants from storm water to the maximum extent practicable before discharging
20 to City right-of-way or natural drainage course; and
d. establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to employee education on the proper
22 procedures for handling clean up and disposal of pollutants.
23 30. 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)."
24 The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
Storm water Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of
the California Regional Water Quality Control Board and City of Carlsbad Municipal
Code. The SWMP shall address measures to avoid contact or filter said pollutants from
storm water, to the maximum extent practicable, for the post-construction stage of the
27 project. At a minimum, the SWMP shall:
28 a. identify existing and post-development on-site pollutants-of-concern;
PCRESONO. 6121 -7-
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 employee 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.o
31. Prior to issuance of a building permit, Developer shall design, apply for and obtain
approval of the City Engineer, for the structural section for the access aisles with a traffic
10 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
11 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.
Special Conditions
14 32. The Average Daily Trips (ADT) and floor area contained in the staff report and
15 shown on the Site Plan are for planning purposes only. Developer shall pay traffic
impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of
Carlsbad Municipal Code, respectively.
17 Water
18 33. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
19 for connection to public facilities. Developer shall pay the San Diego County Water
Authority capacity charge(s) prior to issuance of Building Permits.
20
34. The Developer shall design landscape and irrigation plans utilizing recycled water as a
source. Said plans shall be submitted to the satisfaction of the District Engineer.
22 35. The Developer shall design and construct sewer and water facilities substantially as
23 shown on the Site Plan to the satisfaction of the District Engineer. Proposed public
facilities shall be reflected on public improvement plans.
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Fire
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36. Prior to final inspection, the Owner/Applicant shall obtain a Special Use Permit from the
26 Fire Department for "Flammable/Combustible Liquid Dispensing, Use, Storage and
2? Tank".
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Code Reminders
2 The project is subject to all applicable provisions of local ordinances, including but not limited to
3 the following:
4 37. Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
38. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
7 permit issuance, except as otherwise specifically provided herein.
g 39. The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
9
40. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
10 Code Section 18.04.320.
41. Any signs proposed for this development shall at a minimum be designed in conformance
12 with the City's Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs
13
42. Developer shall exercise special care during the construction phase of this project to
14 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
15 of the City Engineer.
43. This project is approved upon the express condition that building permits will not be
17 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
18 occupancy.
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1 NOTICE
2
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
4 "fees/exactions."
5 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
g annul their imposition.
9 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
11 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
12 expired.
13 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
14 Commission of the City of Carlsbad, California, held on the 21st day of June 2006 by the
15
following vote, to wit:
16
AYES: Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Heineman, Segall, and Whitton
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NOES:
19
ABSENT:
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21 ABSTAIN:
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23 n
MARTELL B. MONT^OMERY|0nairperson
24 CARLSBAD PLANNING COMMISSION
25 ATTEST:
26"
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2g DON NEU
Assistant Planning Director
PCRESONO. 6121 -10-