HomeMy WebLinkAbout2006-07-19; Planning Commission; Resolution 61361 PLANNING COMMISSION RESOLUTION NO. 6136
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO DEMOLISH AN EXISTING
4 CHEVRON FUEL STATION AND CONSTRUCT A NEW
5 CHEVRON FUEL STATION TO INCLUDE A 2,793-SQUARE-
FOOT CONVENIENCE MARKET AND FIVE FUEL PUMPS
6 ON A 0.71-ACRE PROPERTY GENERALLY LOCATED AT
THE SOUTHEAST CORNER OF EL CAMINO REAL AND
7 HAYMAR DRIVE IN LOCAL FACILITIES MANAGEMENT
ZONE 2.
8 CASE NAME: CHEVRON SERVICE STATION #09-1312
9 CASE NO.: CUP 05-26 ;
10 WHEREAS, RHL Design Group, "Developer," has filed a verified application
1 1 with the City of Carlsbad regarding property owned by Chevron Products Company, "Owner,"
12 described as
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Parcel 1 of Parcel Map No. 391, in the City of Carlsbad,
14 County of San Diego, State of California, filed in the Office of
the County Recorder of San Diego County, November 20,1970
as instrument No. 213361 of official records
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("the Property"); and
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WHEREAS, said verified application constitutes a request for a Conditional Use
1 o
19 Permit as shown on Exhibits "A" - "K" dated July 19, 2006, on file in the Planning
20 Department, CHEVRON SERVICE STATION #09-1312 - CUP 05-26, as provided by
2! Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and
22 WHEREAS, the Planning Commission did, on the 19th day of July 2006, hold a
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duly noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
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25 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
27 relating to the CUP.
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.
2 B) That based on the evidence presented at the public hearing, the Commission
3 APPROVES CHEVRON SERVICE STATION #09-1312 - CUP 05-26, based
on the following findings and subject to the following conditions:
4
c 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 proposed project will replace the existing Chevron
fuel station. The project is essentially in harmony with the various elements and
9 objectives of the General Plan as discussed in the General Plan section of the staff
report dated July 19, 2006. The project is not detrimental to existing uses
10 specifically permitted in the zone in which the proposed use is located because the
site is physically separated from other properties so it will not have a direct physical
impact to other commercial, industrial, or residential developments in the area.
12 2. That the site for the intended use is adequate in size and shape to accommodate the use, in
13 that the 0.71-acre site will be able to accommodate the redeveloped fuel station
consisting of fuel pumps and convenience market without the need of a variance
14 from the development standards of the C-L Zone or the El Camino Real Corridor
1 <. Development Standards.
16 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
17 provided and maintained, in that the site will be landscaped consistent with the
Carlsbad Landscape Manual and the guidelines of the El Camino Real Corridor
Development Standards including the London Plane trees and six-foot width planter
19 areas and planting adjacent to the building.
20 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 1,600
21 Average Daily Trips (ADT). This is a reduction of 260 ADT from the existing 1,860
22 ADT generated by the existing service station. Primary access to the site will come
from El Camino Real which is a prime arterial street capable of adequately
23 handling the amount of traffic that the proposed project is expected to generate.
24 5. That it is to be developed as part of a master-planned recreation area, industrial park,
regional or community shopping center, in that the project consists of the
redevelopment of an existing fuel station which is integrated with and accessible to
26 the adjacent community shopping center.
27 6. 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
2° environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15302 of the state CEQA
PCRESONO. 6136 -2-
Guidelines. The project is consists of the replacement of a commercial structure with a
2 new structure of substantially the same size, purpose and capacity. In making this
determination, the Planning Director has found that the exceptions listed in Section
3 15300.2 of the state CEQA Guidelines do not apply to this project.
7. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
6 8. That the Local Facilities Management Plan for Zone 2 is consistent with Chapter 21.90 of
the Carlsbad Municipal Code (Growth Management), and with the Citywide Facilities
7 and Improvement Plan, in that it contains all matters required by Section 21.90.110 and
thereby ensures implementation of and consistency with the General Plan and protects the
public health, safety and welfare by ensuring that public facilities and improvements will
9 be installed to serve new development prior to or concurrently with need.
10 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
, 2 degree of the exaction is in rough proportionality to the impact caused by the project.
13 Conditions:
14 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
Building Permit.15 6
i /- 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
17 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
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
20 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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. 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
23 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
24 different from this approval, shall require an amendment to this approval.
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.
27 4. 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
28 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
PCRESONO. 6136 -3-
unless the City Council determines that the project without the condition complies with
2 all requirements of law.
3 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
<- 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,
6 (b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
7 (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
9 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
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6. Developer shall submit to Planning Director a reproducible 24" x 36" mylar copy of the
Site Plan reflecting the conditions approved by the final decision making body.
12 7. Prior to the issuance of a building permit, the Developer shall provide proof to the
13 Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
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1 <- 8. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 2 Local Facilities Management Plan and any amendments made to that
16 Plan prior to the issuance of building permits.
9. This approval is granted subject to the approval of SUP 06-01 and is subject to all
conditions contained in Planning Commission Resolution No. 6137 for those other
approvals incorporated herein by reference.
19 10. Building permits will not be issued for this project unless the local agency providing
20 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.
23 11. 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
24 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
25 permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
substantial negative effects.
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12. 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
PCRESONO. 6136 -4-
time of the application for the building permit, and that water and sewer capacity and
2 facilities will continue to be available until the time of occupancy.
3 13. 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.
4
c 14. Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
6 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
7 condition, free from weeds, trash, and debris.
o
15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
9 landscape plan check process on file in the Planning Department and accompanied by the
project's building, improvement, and grading plans.
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16. All roof appurtenances, including air conditioners, shall be architecturally integrated and
1* concealed from view and the sound buffered from adjacent properties and streets, in
12 substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.
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17. Developer shall report, in writing, to the Planning Director within 30 days, any address
14 change from that which is shown on the permit application.
18. Prior to the issuance of the building permit, Developer shall submit to the City a Notice
16 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
17 City of Carlsbad has issued a Conditional Use Permit by Resolution No. 6136 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
, n 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
20 which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
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19. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot high
masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal
23 Code Chapter 21.105. Location of said receptacles shall be approved by the Planning
Director. Enclosure shall be of similar colors and/or materials to the project to the
24 satisfaction of the Planning Director.
25 20. No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
26 When so required, the Developer shall submit and obtain approval of the Fire Chief and
the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
27 approved plan.
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21. Developer shall submit and obtain Planning Director approval of an exterior lighting plan
2 including parking areas. All lighting shall be designed to reflect downward and avoid any
impacts on adjacent homes or property.
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22. Developer shall construct, install and stripe not less than 11 parking spaces, as shown on
4 Exhibit A.
Engineering
6
General
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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
o for the proposed haul route.
10 24. 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
11 formally established by the City.
12 Fees/Agreements
13
25. Developer shall cause property owner to execute and submit to the City Engineer for
14 recordation the City's standard form Drainage Hold Harmless Agreement regarding
drainage across the adjacent property.
16 Grading
17 26. 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
18 obtain a grading permit from the City Engineer prior to the issuance of a building permit
. Q for the project.
20 Dedications/Improvements
21 27. 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)."
The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
23 Stormwater 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
24 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
25 project. At a minimum, the SWMP shall:
a. Identify existing and post-development on-site pollutants-of-concern.
27 b. Identify the hydrologic unit this project contributes to and impaired water bodies that
could be impacted by this project.
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c. Recommend source controls and treatment controls that will be implemented with this
2 project to avoid contact or filter said pollutants from storm water to the maximum
extent practicable before discharging to City right-of-way.
3 d. Establish specific procedures for handling spills and routine cleanup. Special
considerations and effort shall be applied to (RESIDENT/EMPLOYEE) education on
the proper procedures for handling cleanup and disposal of pollutants;
c e. Ensure long-term maintenance of all post construct BMPs in perpetuity.
f. Identify how post-development runoff rates and velocities from the site will not
6 exceed the predevelopment runoff rates and velocities to the maximum extent
practicable.
7
Code Reminders:o
9 The project is subject to all applicable provisions of local ordinances, including but not limited to
the following code requirements:
10
28. 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
, 2 permit issuance, except as otherwise specifically provided herein.
13 29. The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the State Building Code.
14
30. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
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31. Any signs proposed for this development shall at a minimum be designed in conformance
17 with the City's Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
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32. 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
20 with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.
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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
A "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
6 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.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
9 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
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
. . Commission of the City of Carlsbad, California, held on the 19th day of July 2006 by the
15 following vote, to wit:
16 AYES: Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Heineman, Segall, and Whitton
18 NOES:
19 ABSENT:
20 ABSTAIN:
21
22
23 MARTELL B. MONjGOMER^Riairperson
CARLSBAD PLANNING COMMISSION24
25 ATTEST:
26"
27
DONNEU
Assistant Planning Director
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