Loading...
HomeMy WebLinkAbout2009-02-04; Planning Commission; Resolution 65291 PLANNING COMMISSION RESOLUTION NO. 6529 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT (CUP 08-12) RETROACTIVELY 4 FROM AUGUST 21, 2006 AND IN PERPETUITY TO ALLOW FOR THE CONTINUED OPERATION OF AN EXISTING 7- ELEVEN GAS STATION ON PROPERTY GENERALLY 6 LOCATED ON THE SOUTHEAST CORNER OF PALOMAR AIRPORT ROAD AND PASEO DEL NORTE IN LOCAL 7 FACILITIES MANAGEMENT ZONE 5. CASE NAME: 7-ELEVEN GAS STATION 8 CASE NO.: CUP 08-12 9 WHEREAS, the 7-Eleven, Incorporated, "Applicant," has filed a verified 10 application with the City of Carlsbad regarding property owned by Winter 6020 LLC, "Owner," , ~ described as 13 A portion of Parcel 2 of Parcel Map No. 195 in the City of Carlsbad, County of San Diego, State of California, filed in the 14 Office of the County Recorder of San Diego County, January 30,1970 as File No. 18100 of Official Records 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Conditional Use 18 Permit as shown on Exhibits "A" - "D" dated June 10,1986, on file in the Planning Department 19 7-ELEVEN GAS STATION - CUP 08-12, as provided by Chapter 21.50 of the Carlsbad 20 Municipal Code; and 21 WHEREAS, the Planning Commission did, on February 4, 2009, hold a duly 23 noticed public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony 9 ^I and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 26 relating to the CUP. 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 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 Planning 3 Commission APPROVES 7-ELEVEN GAS STATION - CUP 8-12, based on the following findings and subject to the following conditions: <- Findings; 6 1. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the general plan, including, 7 if applicable, the certified local coastal program, specific plan or master plan, in that the 7-Eleven gas station, located near an existing Mobil Gas Station and an Exxon Gas Station, creates one of the most popular and heavily used visitor serving commercial 9 areas off the Interstate-5 Freeway in the City of Carlsbad and therefore provides a desirable and convenient service to the community. 10 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 existing 7-Eleven gas j2 station does not propose any modifications to the existing site, shape or internal traffic circulation routes. 13 3. That the site for the proposed conditional use is adequate in size and shape to 14 accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, 1 ^ 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 16 other uses in the neighborhood, in that the existing 7-Eleven convenience store and gas station is not located within any of the required setbacks; that all required parking 17 spaces have been provided; and that the existing landscaping has been adequately refurbished as shown on Attachment 9.18 jo 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the 7-Eleven gas station currently generates 20 approximately 640 Average Daily Traffic (ADT) which does not adversely impact the levels of service for Palomar Airport Road or Paseo Del Norte. 21 ~~ 5. The use is to be developed as part of a freeway-service facility, containing a minimum of two freeway oriented uses, which includes the existing gas station used in conjunction 23 with the 7-Eleven convenience store and the commercial center on the south adjacent property. 24 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 26 environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301, Existing Facilities, 27 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. 6529 -2- Conditions: 2 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 3 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 4 revoke or modify all approvals herein granted; deny or further condition issuance of all 5 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 6 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 7 or a successor in interest by the City's approval of this Conditional Use Permit. 8 2. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold 9 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 10 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, (b) City's approval or issuance of any permit or action, whether discretionary or non- 12 discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including 13 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 14 all legal proceedings have been concluded and continues even if the City's approval is not validated. jg 3. 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 17 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, 1 ° different from this approval, shall require an amendment to this approval. 19 4. Developer shall report, in writing, to the Planning Director within 30 days, any address 20 change from that which is shown on the permit application. 21 5. Prior to the issuance of the Conditional Use Permit, Developer shall submit to the City a Notice of 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 23 Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a(n) Conditional Use Permit by Resolution(s) No. 6529 on the 24 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 restrictions specified for inclusion in the Notice of Restriction. The 26 Planning Director has the 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 27 or successor in interest. 28 6. Approval is granted for CUP 08-12, as shown on Exhibits "A" - "D", dated June 10, 1986 incorporated by reference and on file in the Planning Department. PC RESO NO. 6529 -3- 7. All landscaped areas shall be maintained in a healthy and thriving condition, free from 2 weeds, trash, and debris. 3 8. 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 4 a substantial negative effect on surrounding properties or the public health and welfare. If c the Planning Director determines that the use has such substantial negative effects, the Planning Director shall recommend that the Planning Commission, after providing the 6 permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects. 7 9. This Conditional Use Permit is approved retroactively from August 21, 2006 and in perpetuity. This permit may be revoked at any time after a public hearing, if it is found 9 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. 10 10. 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 ,2 the Planning Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. 13 Code Reminders: 14 11. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 16 12. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 17 Code Section 18.04.320. 1 K10 13. Any signs proposed for this development shall at a minimum be designed in conformance i o with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. 20 Engineering: 21 14. Within six (6) months of approval of this Conditional Use Permit, the developer shall have constructed the BMP measures necessary to capture and filter the anticipated 23 pollutants of concern associated with the project in accordance with the SWMP prepared by Florez Engineering dated November 24, 2008. 24 15. Developer shall comply with the City's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include 2g but are not limited to pollution treatment practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and 27 educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or 28 notify prospective owners and tenants of the above requirements. PC RESO NO. 6529 -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 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 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 NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on February 4, 2009 by the following vote, to wit: AYES: Commissioners Baker, Boddy, Cardosa, Dominguez, Douglas, and Chairperson Montgomery NOES: ABSENT: ABSTAIN: Commissioner Whitton . MONTGOMERY, CWperson CARLSBAD PLANNING COMMItriON ATTEST: DON NEU Planning Director PC RESO NO. 6529 -5-