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HomeMy WebLinkAbout2008-03-19; Planning Commission; Resolution 64021 PLANNING COMMISSION RESOLUTION NO. 6402 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO ADD A 1,005 4 SQUARE FOOT SELF-SERVICE CAR WASH TO AN 5 EXISTING GAS STATION AND CONVENIENCE MARKET ON PROPERTY GENERALLY LOCATED AT THE SOUTHWEST 6 CORNER OF PALOMAR AIRPORT ROAD AND CAMINO VIDA ROBLE IN LOCAL FACILITIES MANAGEMENT ZONE 7 5. CASE NAME: BP/ARCO FACILITY 5792 8 CASE NO.: CUP91-03(C) 9 WHEREAS, Fiedler Group, "Developer," has filed a verified application with 10 the City of Carlsbad regarding property owned by BP West Coast Products, LLC, "Owner," j2 described as 13 Lot 17 of Carlsbad Tract No. 73-49, in the City of Carlsbad, County of San Diego, State of California, according to Map 14 thereof No. 8418, filed in the Office of the County Recorder of San Diego County, on November 19,1976. 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Conditional Use 18 Permit Amendment as shown on Exhibits "A" - "EE" dated March 19, 2008, on file in the 19 Planning Department BP/ARCO FACILITY 5792 - CUP 91-03(C), as provided by the 20 conditions of approval of CUP 91-03 and Chapter 21.42 and/or 21.50 of the Carlsbad Municipal „„ Code; and 23 WHEREAS, the Planning Commission did, on the 19th day of March, 2008, 24 hold a duly noticed public hearing as prescribed by law to consider said request; and 25 WHEREAS, at said public hearing, upon hearing and considering all testimony 26 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 27 relating to the CUP amendment. 28 WHEREAS, on November 20, 1991, the Planning Commission approved CUP 2 91-03, as described and conditioned in Planning Commission Resolution No. 3311. 3 WHEREAS, on October 22,1996, the Planning Commission approved CUP 91- r 03(A), as described and conditioned in Planning Commission Resolution No. 4030. 6 WHEREAS, on July 1, 1998, the Planning Commission approved CUP 91- 7 03(B), as described and conditioned in Planning Commission Resolution No. 4334 8 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 9 Commission of the City of Carlsbad as follows: 10 A) That the foregoing recitations are true and correct. j2 B) That based on the evidence presented at the public hearing, the Commission APPROVES BP/ARCO FACILITY 5792 - CUP 91-03(C) based on the 13 following findings and subject to the following conditions: 14 Findings: 1. That the requested use is necessary or desirable for the development of the community, 16 and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan, in that the 17 requested use is desirable for the industrial community and in harmony with the objectives of the General Plan and Zoning Ordinance since the proposed self-service car wash will support the existing gas station and convenience market in providing a 19 convenient commercial service to the surrounding industrial developments and their employees. 20 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located in that the requested use is 22 compatible with the surrounding industrial uses and will not generate significant customer traffic to the area. The self-service car wash is considered to be accessory 23 and related to a conditionally permitted use. The project is not detrimental to existing uses specifically permitted in the zone in which the proposed use is located 24 because the site is physically separated from other properties by arterial roads and open space and as such it will not have a direct physical impact to other commercial or industrial uses in the area. 26 3. That the site for the proposed conditional use is adequate in size and shape to 27 accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the planning director, planning commission or city council, in order to integrate the use with other uses in the neighborhood, in that the project proposes landscaping enhancements PC RESO NO. 6402 -2- along Camino Vida Roble and Palomar Airport Road, and shrubs in front of the car 2 wash building; existing trees and shrubs will help screen views from industrial properties to the south and west; and, the site is buffered by Palomar Airport Road 3 and Camino Vida Roble on the north and east and by a powerline/open space easement to the south and west. On site circulation is not significantly impacted by the car wash and the existing parking and access points will be maintained. An r Administrative Variance is necessary to accommodate a driveway by reducing the landscape setback along Camino Vida Roble, however, the project compensates for 6 this loss by providing new enhanced landscaping in the setbacks. The project complies with all other development standards of the P-M Zone. 7 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that Palomar Airport Road is classified as a "prime 9 arterial" with a capacity of over 40,000 maximum Average Daily Trips (ADT) and Camino Vida Roble is classified as a "secondary arterial" with a capacity of up to 10 20,000 ADT, which are more than adequate to handle the 60 ADT that the project is expected to generate. i~ 5. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section IB). 13 6. The project is consistent with the Citywide Facilities and Improvements Plan, the Local 14 Facilities Management Plan for Zone 5 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 and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the 17 project will be installed to serve new development prior to or concurrent with need. Specifically18 i Q a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for 20 school facilities. b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. 23 c. Developer shall pay non-residential park-in-lieu fee to the City, prior to the approval of a building permit or the final map to be used for park facilities 24 within Zone 5. 25 7. 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 27 preparation of environmental documents pursuant to Section 15303 New Construction of Small Structures 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. PC RESO NO. 6402 J -3- The Planning Commission has reviewed each of the exactions imposed on the Developer 2 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 3 degree of the exaction is in rough proportionality to the impact caused by the project. 4 Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of 6 a building permit. 7 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 9 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 10 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 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. 13 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use Permit Amendment 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 16 development, different from this approval, shall require an amendment to this approval. 17 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.18 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 20 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. 23 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 24 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 26 Amendment, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 27 (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 PC RESO NO. 6402 -4- survives until all legal proceedings have been concluded and continues even if the City's 2 approval is not validated. 3 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.4 c 1. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its 6 obligation to provide school facilities. 8. This project shall comply with all conditions required as part of the approved Conditional „ Use Permit CUP 91-03(B) as contained in Planning Commission Resolution No. 4334 except Conditions No. 15 of Resolution No. 3311 (which was incorporated by 9 reference into Resolution No. 4334) which is replaced by Conditions No. 9 and 11 below, and Conditions No. 9, 19 and 28 of Resolution No. 3311 which have been satisfied. The site plan exhibit of the prior approval for Planning Commission Resolutions No. 4334 is superseded by the exhibit dated March 19,2008 12 9. CUP 91-03(C) 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 13 negative effect on surrounding properties or the public health, safety and general welfare. If the Planning Director determines that: 1) the Conditional Use Permit was obtained by fraud or misrepresentation; or 2) the use for which such approval was granted is not being exercised; or 3) the Conditional Use Permit is being or recently has been exercised contrary to any of the terms or conditions of approval or the conditions of approval have 16 not been met; or 4) the use for which such approval was granted has ceased to exist or has been suspended for one year or more; or 5) the use is in violation of any statute, ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is being or has been so exercised as to be detrimental to the public health, safety or welfare or so as to constitute a nuisance, the Planning Director shall recommend that the Planning 19 Commission hold a public hearing and after providing the permittee the opportunity to be heard, the Planning Commission may revoke and terminate the Conditional Use Permit in 20 whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose new conditions.21 22 10. Approval is granted for CUP 91-03(C) as shown on Exhibits "A" - "EE", dated March 19, 2008, on file in the Planning Department and incorporated herein by reference. 23 Development shall occur substantially as shown unless otherwise noted in these conditions. 24 11. CUP 91-03(C) is granted for a period of ten years, from March 19, 2008 to March 18, 2018. This permit may be extended for a reasonable period of time not to extend ten 26 years upon written application of the permittee made no less than 90 days prior to the expiration date. In granting such an extension, the Planning Commission shall find that 27 no substantial adverse affect on surrounding land uses or the public's heath and welfare is found, the extension shall be considered as an original application for a conditional use permit. There is no limit to the number of extensions the Planning Commission may grant, PC RESO NO. 6402 -5- 12. This approval is granted subject to the approval of AV 07-06 and is subject to all 2 conditions contained in the administrative letter of approval, incorporated herein by reference. 3 13. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and r 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 6 condition, free from weeds, trash, and debris. 7 14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 9 15. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 10 #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 ' YI Local Facilities Management Plan fee for Zone 5, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this 13 approval will not be consistent with the General Plan and shall become void. 14 16. Prior to the issuance of a building permit, Developer shall submit to the City a Notice of 1. Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Planning 16 Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Conditional Use Permit Amendment CUP 91-03(C) by 17 Resolution No. 6402 and an Administrative Variance AV 07-06 by Assistant Planning Director approval issued on February 27, 2008 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete 19 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 20 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. 22 17. Developer shall pay park-in-lieu fees to the City, prior to the issuance of a building permit as required by Chapter 20.44 of the Carlsbad Municipal Code and the Zone 23 5 Local Facilities Management Plan. 24 ig. To achieve the performance standards of the Planned Industrial (P-M) Zone, the car wash hours of operation shall be limited to between 6:00 a.m. and 10:00 p.m. consistent with the recommendations of the noise analysis report prepared by URS 26 on April 6,2007. 27 28 PC RESO NO. 6402 -6- Engineering; 2 19. Prior to the issuance of grading permit or building permit, whichever occurs first, 3 Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban 4 Storm water Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego r 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 6 pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: 7 a. Identify existing and post-development on-site pollutants-of-concern. b. Identify the hydrologic unit this project contributes to and impaired water bodies that 9 could be impacted by this project. c. Recommend source controls and treatment controls that will be implemented with this 10 project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging offsite; d. Establish specific procedures for handling spills and routine cleanup. Special j2 considerations and effort shall be applied to employee education on the proper procedures for handling cleanup and disposal of pollutants. 13 e. Ensure long-term maintenance of all post-construction BMPs in perpetuity. f. Identify how post-construction runoff rates and velocities from the site will not 14 exceed the pre-construction runoff rates and velocities to the maximum extent practicable. jg 20. Developer shall cause property owner to process, execute and submit an executed copy to the City Engineer for recordation a City Standard Permanent Stormwater Quality Best 17 Management Practice Maintenance Agreement for the perpetual maintenance of all treatment control, applicable site design and source control, post-construction permanent 1 ° Best Management Practices prior to the issuance of building permit. 19 21. Developer shall evaluate in detail the entire potable water system, to ensure that 20 adequate capacity, pressure, and flow demands can be met to the satisfaction of the District Engineer. 21 Code Reminders; 23 22. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 24 23. The project shall comply with the latest non-residential disabled access requirements 25 pursuant to Title 24 of the State Building Code. 26 27 28 PC RESO NO. 6402 -7- 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." 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 8 9 10 ii 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 13 14 17 18 annul their imposition. o 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 expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 19th day of March, 2008 by the following vote, to wit: 16 AYES: Commissioners Baker, Boddy, Cardosa, Douglas, and Chairperson Whitton NOES: 19 ABSENT: Commissioners Dominguez and Montgomery 20 ABSTAIN: 21 " 22 23 24 /FRANK WHITTON, Chairperson CARLSBAD PLANNING COMMISSION 25 ATTEST: 27 28 0ONNEU Planning Director PC RESO NO. 6402 -8-